Agenda 11/14/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
November 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. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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 THREE (3) 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.
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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. September 7,2006 - BCC/Budget Hearing Meeting
C. October 2, 2006 - BCC/Permitting Workshop
D. October 10, 2006 - BCC/Regular Meeting
E. October 13, 2006 - Value Adjustment Board Meeting
F. October 17, 2006 - Value Adjustment Board Meeting
G. October 18,2006 - Value Adjustment Board Meeting
H. October 19,2006 - Value Adjustment Board Meeting
I. October 20, 2006 - Value Adjustment Board Special Magistrate Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
Five Year Awards
1. Mr. William R. Cadwallader, Affordable Housing Commission
2. Mr. Richard Lydon, Vanderbilt Beach Beautification MSTU Advisory Committee
3. Mr. Bradley Schiffer, Board of Building Adjustments and Appeals
4. Mr. Roger Somerville, Forest Lakes Roadway & Drainage Advisory Committee
4. PROCLAMATIONS
A. Proclamation recognizing November 19th through the 25th as Farm- City Week. To be
accepted by Cyndee Woolley and Bonnie Fauls.
B. Proclamation designating November 15, 2006 as America Recycles Day In Collier County. To
be accepted by Dan Rodriguez.
C. Proclamation recognizing Corporal Andrew J. Pavel for his services in the United States
Marine Corps. To be received by by Corporal Andrew J. Pavel.
D. Proclamation recognizing November as National Hospice/Palliative Care Month. To be
received by Mary Brodeur, RN and Community Relations Manager and Barbara Miller, RN.
5. PRESENTATIONS
A. Presentation of the advisory committee outstanding member award to Sydney E. Blum,
County Government Productivity Committee.
B. Presentation to Keep Collier Beautiful Incorporated in recognition of their on going
partnership with the Citizens of Collier County and to show appreciation for their many
beneficial projects including recycling and waste reduction initiatives.
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C. Presentation of the WRAP Award, the Waste Reduction Awards Program, to The Animal
Medical Hospital of Naples in recognition of their enhanced recycling program and positive
effect on sustaining the usable life of the Collier County Landfill.
D. Recommendation to recognize James Maulden, Senior Equipment Operator, Solid Waste
Department, as Employee of the Month for October, 2006.
6. PUBLIC PETITIONS
A. Public petition request by Gene Belsito to discuss a back exit from Falling Waters (Davis
Boulevard) onto Cope Lane.
B. Public Petition request by Fred Koppenhafer to discuss Radio Road east of Santa Barbara
Boulevard.
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners enact an Ordinance,
implementing the Legislative mandate of 163.3180(16), F.S., and adopting the Collier County
Proportionate Fair-Share Program.
B. Recommendation to approve a resolution updating the guidelines and procedures for the
submittal, review and approval of the Transportation Impact Statement (TIS).
C. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDEX-2006-AR-9610 G.L. Homes of Naples II Corporation,
represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for
the Terafina PUD (Ordinance 04-15) which is scheduled to sunset on March 9,2007. The
subject property consists of 636.8 acres and is located 1 mile north of Immokalee Road,
north of the Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48 South,
Range 26 East, Collier County, Florida.
D. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-8147, Vornado Development, Inc., represented by D.
Wayne Arnold, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esq., of
Goodlette, Coleman, and Johnson, P.A., is requesting a rezone from the Golf Course (GC)
zoning district to the Residential Planned Unit Development (RPUD) zoning district, to allow a
residential development with a maximum of 3 dwelling units per acre, or 24 total dwelling
units in a project known as the Vornado RPUD. The 8 acre subject property is located off
Palm Drive in the Glades Subdivision, behind the Towne Center Shopping Center, in Sections
12 and 13, Township 50 South, Range 25 East, Collier County, Florida.
E. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. RZ-2005-AR-8039: SJC Whippoorwill, LLC, represented by Gary
Butler of Butler Engineering, Inc. and Brian Mansour, requesting a rezone from the
Agricultural (A) zoning district to the Residential Multi-Family-6 (RMF-6) zoning district for a
project known as Cayo Whippoorwill. The subject property, consisting of 10 acres, is located
at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in Section 18,
Township 49 South, Range 26 East, Collier County, Florida.
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F. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: RZ-2005-AR-8427 Polly Ave, LLC, represented by Tim
Hancock, of Davidson Engineering, Inc., is requesting a rezone from the Agricultural (A)
zoning district to the Residential Multi-Family 12 (RMF-12) zoning district with a density of 7
dwelling units per acre that would allow 61 multi-family dwelling units. The petitioner is
requesting the higher density based on the residential infill provision of the Growth
Management Plan, Future Land Use Element Density Rating System. The subject property
consists of 8.68 acres for project known as Manus Rezone. The subject property is located
off of Rattlesnake-Hammock Road on Polly Avenue, Section 16, Township 50 South, Range
26 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Animal Services Advisory Board.
B. Appointment of member to the Lely Golf Estates Beautification Advisory Committee.
C. Recommendation to declare a vacancy on the Hispanic Affairs Advisory Board.
D. Appointment of member to the Hispanic Affairs Advisory Board.
10. COUNTY MANAGER'S REPORT
A. This item was continued from the September 26th, October 10th, and October 24th, 2006 BCC
meetings. Recommendation to adopt a Resolution repealing all previous resolutions
establishing and amending parts of the Collier County Parks and Recreation Department
Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective
November 14, 2006 and superseding Resolution No. 2006-43 and all other Resolutions
establishing license and fee policy. (Marla Ramsey, Administrator, Public Services)
B. Recommendation to accept changes to the County purchasing card system and related
procedures, controls and training activities. (Len Price, Administrator, Administrative
Services)
C. Recommendation to approve Collier County's 2007 State Legislative Priorities and direct the
County Manager to provide them to the county's state lobbyist. (Debbie Wight, Assistant to
the County Manager)
D. Recommendation to approve selection of Parsons Brinkerhoff Construction Services, Inc. a
Qualified Firm, and award a Contract under ITN 06-3947 CEI Services for Collier County Road
Projects, for Project No. 60101 County Barn Rd. from Rattlesnake Hammock Rd. to Davis
Blvd. in the amount of $2,442,195. (Norman Feder, Administrator, Transportation Services)
E. Recommendation to award a construction contract to Astaldi Construction Corporation, for
Santa Barbara Boulevard Six-Lane Improvements from Davis Boulevard to Copper Leaf Lane
and Radio Road Four-Lane Improvements from Santa Barbara Blvd. to Davis Blvd., in the
amount of $62,051,879.48 including a reserve of $4,587,895.60 in funding allowances Bid No.
06-4042; Project No. 62081. (Norman Feder, Administrator, Transportation Services)
F. Recommendation to approve Contract Amendment No.6, Exhibit E, for a Guaranteed
Maximum Price (GMP) of $36,685,528 under Contract No. 04-3576, Construction Manager at
Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company,
Inc. for the construction of the Courthouse Annex floors 1-7, project number 52533. (Len
Price, Administrator, Administrative Services)
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G. Recommendation to approve a change in wastewater service for the Collier County
Government Complex from the City of Naples to the Collier County Sewer District and to
direct the County Manager to negotiate an Inter-Local Agreement Accord and Satisfaction
with the City of Naples to supersede an existing 1977 Inter-Local Agreement, as amended.
(Jim DeLony, Administrator, Public Utilities)
H. Recommendation to approve a time and materials work order under Contract #05-3657,
Project Management Oversight Services with CH2M Hill, Inc. for project management and
staff support services for the Facilities Management Department in the estimated amount of
$2,900,000. (Len Price, Administrator, Administrative Services)
I. This item to be heard at 11 :00 a.m. Recommendation to adopt supplemental bond resolutions
(1) authorizing the issuance by the Collier County Water-Sewer District of its Water and
Sewer Revenue Bonds, Series 2006, in the aggregate principal amount of not exceeding
$120,000,000 in order to finance various capital improvements to the water and wastewater
utility system and to refinance the District's Revenue Note, Draw No. A-1-1 and Revenue
Note, Draw No. A-1-2 currently outstanding in the aggregate principal amount of $38,000,000
and (2) amending the Bond Resolution to specifically include the Allowance for Funds
Prudently Invested fees (AFPI Fees) as a component of the gross revenues of the system,
which allows such AFPI Fees to be a part of the pledged funds supporting the payment of
debt service. (Michael Smykowski, Director, Office of Management and Budget)
J. Recommendation to approve Exhibit E, Amendment #1 to Contract #06-3914, Construction
Management at Risk Services for the Collier County Fleet Facilities with Wright Construction
Corp. in the amount of $9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which
includes the construction of the new Fleet Management Department facility and to approve
Change #15 to Contract #02-3422, Professional Architectural Services for New County Fleet
Facility, with Disney & Associates, P.A. to update the architects rate schedule and include
additional services necessary for construction phase 2 in the amount of $60,885. (Len Price,
Administrator, Administrative Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve for recording the final plat of Classics Plantation Estates Phase
Four, approval of the standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
2. Recommendation to approve for recording the final plat of Townhomes at Raffia Preserve,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
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3. Recommendation to approve for recording the final plat of Liberty Landing, approval of the
standard form Construction and Maintenance Agreement and approval of the amount of the
performance security.
4. Recommendation to approve for recording the final plat of Artesia Naples Phase 2, approval
of the standard form Construction and Maintenance Agreement and approval of the amount
of the performance security.
5. Recommendation to approve for recording the final plat of Lipari - Ponziane, approval of the
standard form Construction and Maintenance Agreement and approval of the amount of the
performance security.
6. Recommendation to approve the after-the-fact submittal of a National Fish and Wildlife
Foundation Grant for the Collier County Sea Turtle Disorientation Prevention Plan and
proceed with the development of an inter-local agreement with the City of Naples subject to
grant approval.
7. Recommendation to approve for recording the final plat of Italia, approval ofthe standard
form Construction and Maintenance Agreement and approval of the amount of the
performance security.
8. Request to open the 2005 cycle of Growth Management Plan Amendments to allow a 2006
cycle petition to be moved into the 2005 cycle.
9. Recommendation that the Board of County Commissioners approve the award of RFP #06-
4044 to Tindale-Oliver and Associates, Incorporated for impact fee consulting services.
10. Recommendation to approve for recording the final plat of Hammock Isles Replat.
11. Recommendation to approve the Release and Satisfaction of Code Enforcement Liens for
payments received.
B. TRANSPORTATION SERVICES
1. Recommendation to adopt a Resolution superseding and replacing Resolution 2005-379 in
order to amend the commencement and termination of the term of appointed member,
William L. Barton, to the Southwest Florida Expressway Authority.
2. 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.
3. Recommendation to adopt a Resolution superseding and replacing Resolution 2005-361 in
order to amend the commencement and termination dates of the term of the appointed
member, County Commissioner Jim Coletta, to the Southwest Florida Expressway Authority.
4. Recommendation to award Contract #06-3975 Annual Fixed Term Professional
Transportation Planning Consultant Services to six (6) firms (Estimated Annual Amount
$300,000).
5. Recommendation to approve a budget amendment to recognize Carry Forward in the amount
of $93,277.56 and recognize additional revenue for the Collier County Transportation
Pathways Program in the amount of $97,889.12 for Project No(s). 690811,600321,690817,
690822,600501 and 600331 for a total amount of $191,166.68.
6. Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation (FDOT) and Collier County for landscape beautification on US
41 E /SR 90 (St. Andrews to Barefoot Williams Road) and approve a Resolution evidencing
that the Board has approved and authorized the Chairman to sign this Agreement.
7. Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation (FDOT) and Collier County for landscape beautification on US
41E Phase E/SR 90 (Barefoot Williams Road to Collier Blvd.) and approve a Resolution
evidencing that the Board has approved and authorized the Chairman to sign this
Agreement.
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8. Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation (FDOT) and Collier County for landscape beautification on US
41N Phase 5 (Wiggins Pass to the Collier/Lee County Line) and approve a Resolution
evidencing that the Board has approved and authorized the Chairman to sign this
Agreement.
9. Recommendation for the Board of County Commissioners to approve a budget amendment
to transfer funds from County Wide Bikeway Improvements (Project Number 690811) to
Floridan Avenue (Project Number 601201) in the amount of $283,000 and Immokalee
Sidewalks (Project Number 601202) in the amount of $300,000.
10. Recommendation to approve (1) Resolution authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement with the Florida Department
of Transportation in which Collier County would be reimbursed up to $330,000 for a Trail
Corridor Study along the FPL transmission lines near Oil Well Road, Camp Keais Road and a
connection to Lee County, and (2) approve the necessary budget amendments. (Project
#601203)
11. Recommendation to approve submittal of a Targeted Watersheds Grants Program grant
application to the United States Environmental Protection Agency (EPA) for the Gordon River
Water Quality Park in the amount of $989,727.00.
12. Recommendation to approve submittal of a Regional Environmental Priorities (Region 4) FY
2007 application to the United States Environmental Protection Agency (EPA) for the Gordon
River Greenway Park in the amount of $100,000.00.
13. Recommendation to award Bid #06-4046 Pine Ridge Road (US 41 North to Logan Blvd.)
Annual Landscape Maintenance Contract to Commercial Land Maintenance in the amount of
$191,298.15 (Project #601521,601114 & 740461).
14. Recommendation to approve a budget amendment to transfer funds from Fund (151)
Reserves to Capital Improvements (Fund 151) totaling $121,100; Sabal Palm MSTBU.
15. Recommendation to accept a warranty deed for the expansion of Vanderbilt Drive right-of-
way associated with the construction of an underpass for golf carts at the Cocohatchee Bay
PUD. (Fiscal Impact: $0.00).
C. PUBLIC UTILITIES
1. Recommendation to approve Amendment No. 03 for Contract ML040284 with the South
Florida Water Management District to reduce the scope of work and decrease the amount of
the original agreement by $25,500.
2. Recommendation to approve an Underground Distribution Facilities Installation Agreement
with Florida Power & Light Company (FPL) and authorize payment of $20,594.66 to FPL to
provide and install underground electric service to the South County Regional Water
Treatment Plant (SCRWTP) Raw Water Supply Wells 39S, 40S, 41S, and 42S, as Project
71051.
3. Recommendation to approve electrical utility rate agreement for the North County Water
Reclamation Facility (NCWRF) electric account number 03677-75210 as applied for with
Florida Power and Light Company.
4. Recommendation to approve the submittal of a Florida Innovative Recycling/Waste
Reduction grant application in the amount of $79,732 to the Florida Department of
Environmental Protection to fund the Collier County Seasonal and Year Round Business How
to Recycle Videos.
5. Recommendation to approve the submittal of a Florida Innovative Recycling/Waste
Reduction grant application in the amount of $78,500 to the Florida Department of
Environmental Protection to fund the Collier County School Beverage Container Recycling
Challenge Program.
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D. PUBLIC SERVICES
1. Recommendation to authorize the Chairman to enter into a cooperative agreement with the
Collier County Hunger and Homeless Coalition to continue participation in the Information
Network for the Community of Collier County (INCCC) and approve a budget amendment to
recognize revenue in the amount of $1,381.04 for reimbursement of related computer
hardware costs.
2. Recommendation that the Board of County Commissioners authorize the Chairman to sign
an agreement with the Physicians Regional Medical Center for participation in the Lower
Income Pool (LIP) programs for services provided on behalf of the Human Services
Department, Department of Health and David Lawrence Center to generate an additional
$481,250 in Federal matching funds.
3. Recommendation that the Board of County Commissioners authorize the Chairman to sign
an agreement with the Agency for Health Care Administration for $2,750,000 to participate in
the Lower Income Pool Program for services provided on behalf of the Human Services
Department in order to generate an additional $481,250 in Federal matching funds.
4. Recommendation to approve a Florida Communities Trust grant contract for partial
reimbursement for the purchase of Gordon River Greenway Park (lands surrounding the
Naples Zoo) and authorize the County Manager to execute all documents in connection with
each project, as contemplated in the agreement.
5. Recommendation that the Board of County Commissioners authorize Domestic Animal
Services Staff to research and propose an amendment to DAS Ordinance 93-56, as amended,
and as codified as Chapter 14, Article II, in the Code of Laws and Ordinances, which will
include micro-chipping domestic animals, dangerous dog classifications and procedures,
and the ability to revise adoption fees by resolution of the Board.
6. To approve budget amendment to fund payment to City of Naples from reserves and to
approve the renegotiation of the Interlocal Agreement for beach parking between the City and
County.
E. ADMINISTRATIVE SERVICES
1. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
2. Recommendation to revise award of Bid # 06-4030 - Motorola Central Control Irrigation
Supplies and Services to Ag-Tronix, Inc. and Contemporary Controls & Communications, Inc.
The annual expenditures are estimated to be $250,000.
3. Recommendation to approve the award of work order WJV FT-3971-07-01 under RFP 06-3971,
General Contractors Services to Varian Construction Company for the interior renovations to
the Courthouse third (3rd) floor Judges Chambers at the Collier County Courthouse, Building
"L" in the amount of $131,262.00.
4. Recommendation to amend contract 04-3864 to obtain services to implement on line vendor
registration, bid solicitation and bid receiving functions.
5. Recommendation to approve a phased Work Order with CH2M Hill, Inc., under contract #06-
3929, Annual Contract for Architectural Services, to design upgrades to the fuel facility at
County Barn, project 52009, in the amount of $101,850.
F. COUNTY MANAGER
1. Recommendation to approve Change Order No.1 to Contract No. 06-3925 South Marco
Beach Renourishmentl Caxambas Pass Dredging (Project 905001) with Subaqueous
Services, Inc. for the dredging of Wiggins Pass in the estimated amount of $682,000.
2. Recommend approval of Change Order No.1 under Contract 06-3960 with Energy Resources,
Inc. for the dredging of Clam Pass in an amount of $337,995 (Project No. 900281).
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3. Recommend approval of award of Bid 06-4041 to Aquatic Plants of Florida, Inc. for Dune
Vegetation Repair and Rebuild on a unit-price basis not to exceed $719,472.24 (Project No.
905271).
4. Recommendation to approve the purchase of a used Hummer brush vehicle for $52,800 by
the Isles of Capri Fire District.
5. Recommendation to approve a Memorandum of Understanding for Expenditure of Recipient
Funding from the 2003 Domestic Preparedness Grant, a State Homeland Security grant
program.
6. Approve Memorandum of Understanding (MOU) between The Collier County Board of County
Commissioners, through its Emergency Management Department, and the Harry Chapin
Food Bank Center.
7. Recommendation to approve Budget Amendments to transfer funds for a growth ambulance
inadvertently budgeted for FY 07 in Fund 490 Emergency Medical Services to Fund 350 EMS
Impact Fees in the amount of $185,000.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. To approve and execute Site Improvement Grant Agreement between the Collier County
Community Redevelopment Agency and a grant applicant within the Bayshore Gateway
Triangle Community Redevelopment area.
2. Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute a thirty-five (35) year sub-lease agreement between the
Collier County Airport Authority and Salazar Machine & Steel, Inc. at an initial rent of Two
Thousand Dollars ($2,000) per year for the construction of a minimum 20,000 square foot
manufacturing facility on one and one-half (1.5) acres at the Immokalee Regional
Airport!Tradeport
3. Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute a forty (40) year sub-lease agreement between the Collier
County Airport Authority and C-Tech Manufacturing Florida, LLC at an initial rent of Sixty
Five Thousand Three Hundred Forty Dollars ($65,340) per year for construction of a minimum
196,000 square foot manufacturing facility on fifteen (15) acres at the Immokalee Regional
Airport!Tradeport.
4. Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute a thirty-five (35) year sub-lease agreement between the
Collier County Airport Authority and Robert Forbis, Inc. d/b/a Premier Electric at an initial
rent of Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60)
per year for the construction of a minimum 35,000 square foot assembly, packaging,
warehousing and distribution facility on eleven and one tenth (11.1) acres at the Immokalee
Regional Airport! Tradeport.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Economic Development Council
Exclusive Member Breakfast on Thursday, November 9, 2006, at The Naples Grande Resort &
Club in Naples, Florida. $35.00 to be paid from Commissioner Halas' travel budget.
2. Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attending the Installation of the 53rd Board of
Directors and Officers of the Collier Building Industry Association, Inc. and the Builder &
Associate ofthe Year Awards on Saturday, November 18, 2006 at The Naples Grande Resort
& Club. $125.00 to be paid from Commissioner Halas' travel budget.
3. Proclamation recognizing every fourth Friday in September be designated as Native
American Day. (Proclamation will be mailed)
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I. MISCELLANEOUS CORRESPONDENCE
1. To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommend that the Collier County Commission endorse the United States Department of
Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report.
2. Recommendation that the Board of County Commissioners approve the disposal of assets
no longer deemed of value and accept the report regarding the recent disposition of assets
for the 2006 fiscal year.
3. Recommendation to adopt the budget amendment appropriating carry forward and
expenditure budgets for open purchase orders for non-project funds and for unexpended
budget for project funds at the end of Fiscal Year 2006.
K. COUNTY ATTORNEY
1. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $94,000 for the Acquisition of Parcel 157 in the
Lawsuit Styled Collier County v. Helen Valent, et aI., Case No. 04-0524-CA (Vanderbilt Beach
Road Project #63051). (Fiscal Impact: $39,654)
2. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $57,300.00 for the Acquisition of Parcels 110, 810,
910 and 811 in the Lawsuit Styled Collier County v. Antone C. Mendes, et aI., Case No. 03-
2283-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $58,113.00)
3. Recommendation that the Board of County Commissioners authorize the law firm of Garvin &
Tripp and attorney Theodore L. Tripp, Esq. to represent both Collier County and Paul Wilson
in Case No. 05-953-CA consolidated with Case No. 05-1506-CA, also styled Paul Wilson v.
Dwight E. Brock, Clerk of the Circuit Court of Collier County and further authorize the County
Attorney to execute the letter required for such representation.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3)
NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE
SWORN IN.
A. This item was continued from the October 24 BCC meeting and is further continued to the
November 28 BCC meeting. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to approve Petition
AVESMT-2006-AR-9916-lmperial Wilderness Storage Maintenance Parcel to disclaim,
renounce and vacate the Countys and the Publics interest in that portion of a 65 foot wide
drainage easement in the West one-half of the Southwest Quarter of Section 12, Township 51
South, Range 26 East Collier County, Florida.
Page 10 of 11
B. This item was continued from the October 24 BCC meeting and is further continued to the
November 28 BCC meeting. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to approve Petition
AVESMT-2006-AR-10083, The Rookery at Marco to disclaim, renounce and vacate the
Countys and the Publics interest in a portion of a fifteen-foot wide Collier County utility
easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County,
Florida, and more specifically described in Exhibit A.
C. This item was continued from the October 24 BCC meeting and is further continued to the
November 28 BCC meeting. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to approve Petition
AVROW-2006-AR-9674 Lucerne Road to disclaim, renounce and vacate the Countys and the
Publics interest in a portion of Lucerne Road adjacent to Block 115, Golden Gate Portion 4,
according to a map thereof, as recorded in Plat Book 5, Pages 107, ofthe Public Records
Collier County, Florida.
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
November 14. 2006
Items 2E. 2F. 2G and 2H should read: Value Adjustment Board Special Magistrate Meeting.
(Staff's request.)
Item 8C continued to the November 28. 2006 BCC meetina: This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2006-AR-9610
G.L. Homes of Naples II Corporation, represented by Robert Duane of Hole Montes, is requesting
two 2-year PUD extensions for the Terafina PUD (Ordinance 04-15) which is scheduled to sunset
on March 9, 2007. The subject property consists of 636.8 acres and is located 1 mile north of
Immokalee Road north of the Olde Cypress PUD and east of Quail Creek, in Section 16, Township
48 South, Range 26 East, Collier County, Florida. (Petitioner's request.)
Item 8E continued to the December 12. 2006 BCC meetina: RZ-2005-AR-8039: SJC Whippoorwill,
LLC, represented by Gary Butler of Butler Engineering, Inc. and Brian Mansour, requesting a
rezone from the Agricultural (A) zoning district to the Residential Multi-Family-6 (RMF-6) zoning
district for a project known as Cayo Whippoorwill. The subject property, consisting of 10 acres,
is located at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in
Section 18, Township 49 South, Range 26 East, Collier County, Florida. (Staffs request.)
Item 10A: The proposed Resolution shown in the backup material is titled "Resolution No. _
2007". The correct title should be "Resolution No. _ 2006". The original document has been
corrected. (Staff's request.)
Item 10D continued indefinitelv: Recommendation to approve selection of Parsons Brinkerhoff
Construction Services, Inc. a Qualified Firm, and award a contract under ITN 06-3947 CEI Services
for Collier County Road Projects, for Project No. 60101 County Barn Road from Rattlesnake
Hammock Road to Davis Boulevard, in the amount of $2,442,195. (Staff's request.)
Move Item 16A8 to 10K: Request to open the 2005 cycle of Growth Management Plan
Amendments to allow a 2006 cycle petition to be moved into the 2005 cycle. (Commissioner
Halas' request.)
Move Item 16D5 to 10L: Recommendation that the Board of County Commissioners authorize
Domestic Animal Services Staff to research and propose an amendment to DAS Ordinance 93-56,
as amended, and as codified as Chapter 14, Article II, in the Code of Laws and Ordinances, which
will include micro-chipping domestic animals, dangerous dog classifications and procedures,
and the ability to revise adoption fees by resolution of the Board. (Commissioner Henning's
request.)
Add On Item 10M: Recommendation for the Board of County Commissioners to authorize the
Chairperson of the Board of County Commissioners to execute a memorandum of understanding
between the City of Marco Island and the Collier County Solid Waste Management Department,
Public Utilities Division, for the acceptance, and appropriate beneficial use of milled asphalt,
crushed concrete, and non-contaminated soil at the Collier County Landfill by Waste Management
Incorporated of Florida (WMIF). The fair market unit price of the beneficial use material will be
utilized to off set the total cost for the proper disposal of the City of Marco Island's asbestos
contaminated soil. (Staff's request.)
Add On Item 16F8: Recommendation to reaffirm the Board's approval (at the special meeting
held on November 1, 2006) of a budget amendment from Reserves within the Pine Ridge/Naples
Production Park Debt Service Fund to appropriate the annual principal and interest payments and
Arbitrage Calculation Fees on outstanding special assessment revenue bonds. (Staff's request.)
Item 16G2 continued indefinitely: Recommendation that the Collier County Board of County
Commissioners approve and authorize its Chairman to execute a thirty-five (35) year sub-lease
agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc. at an
initial rent of Two Thousand Dollars ($2,000) per year for the construction of a minimum 20,000
square foot manufacturing facility on one and one-half (1.5) acres at the Immokalee Regional
AirportJTradeport. (Staff's request.)
Item 16G3 continued indefinitely: Recommendation that the Collier County Board of County
Commissioners approve and authorize its Chairman to execute a forty (40) year sub-lease
agreement between the Collier County Airport Authority and C-Tech Manufacturing Florida, LLC
at an initial rent of Sixty Five Thousand Three Hundred Forty Dollars ($65,340) per year for
construction of a minimum 196,000 square foot manufacturing facility on fifteen (15) acres at the
Immokalee Regional AirportJTradeport. (Staff's request.)
Item 16G4 continued indefinitely: Recommendation that the Collier County Board of County
Commissioners approve and authorize its Chairman to execute a thirty-five (35) year sub-lease
agreement between the Collier County Airport Authority and Robert Forbis, Inc. d/b/a Premier
Electric at an initial rent of Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty
Cents ($48,351.60) per year for the construction of a minimum 35,000 square foot assembly,
packaging, warehousing and distribution facility on eleven and one tenth (11.1) acres at the
Immokalee Regional Airport! Tradeport. (Staff's request.)
Time Certain Items:
Item 10E to be heard at 11 :30 a.m.: Recommendation to award a construction contract to Astaldi
Construction Corporation, for Santa Barbara Boulevard Six-Lane Improvements from Davis
Boulevard to Copper Leaf Lane and Radio Road Four-Lane Improvements from Santa Barbara
Boulevard to Davis Boulevard, in the amount of $62,051,879.48 including a reserve of
$4,587,895.60 in funding allowances Bid No. 06-4042; Project No. 62081.
Item 101 to be heard at 11:00 a.m.: Recommendation to adopt supplemental bond resolutions (1)
authorizing the issuance by the Collier County Water-Sewer District of its Water and Sewer
Revenue Bonds, Series 2006, in the aggregate principal amount of not exceeding $120,000,000 in
order to finance various capital improvements to the water and wastewater utility system and to
refinance the District's Revenue Note, Draw No. A-1-1 and Revenue Note, Draw No. A-1-2
currently outstanding in the aggregate principal amount of $38,000,000 and (2) amending the
Bond Resolution to specifically include the Allowance for Funds Prudently Invested fees (AFPI
Fees) as a component of the gross revenues of the system, which allows such AFPI Fees to be a
part of the pledged funds supporting the payment of debt service.
Note: Minor revisions (incorporated Bond Insurance Provisions) to authorizing resolution for the
Collier County Water and Sewer Revenue Bonds, Series 2006 (See Item 101) has been provided to
the Board of County Commissioners on November 13, 2006. (These revision were not received
prior to the printing of the November 14, 2006 BCC Agenda)
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F'aD" 2 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSION"RS
Item Number:
Item Summary:
31\
;::Ive "'ear Awards Mr I/"'Ilham R Cadwallader p,Hordable ~ous,n9 COmiYllSSIOn Mr Richard
L~{don Vanderbilt Beach Beautlf:cation MSTU Advisory Committee Mr- Bradley SC!l!ffer
Beard of Building Adjustments and l....ppea!s M( Roger Somerville. Forest Lakes Roaditvay &
Drainage AdVisory Comnlltee
Meeting Date:
11/14/200690000 !,M
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the Bee
Date
Bce Office
10125/20069:57:01 AM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
Bee Office
101261200610:34 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
CommissIoners
County Manager's Office
10!2712006 3:16 PM
PROCLAMArION
Agenda Item No. 4A
November 14, 2006
Page 1 of 2
".-...
WHEREAS, November 19th through Z!yh is National Farm-City Week, a time set
aside to recognize and honor the contributions of the country's
agriculturalists and to strengthen the bond between urban and rural
citizens: and,
WHEREAS, in Collier County the highpoint of Farm-City Week is the annual Farm-
City Barbecue, sponsored by Collier County's University Extension and a
commiffee of volunteers: and,
WHEREAS, agriculture is an important element in Collier County's economic
machine, with total economic activity of over $300 million annually:
and,
WHEREAS, twenty-two percent of Collier County is utilized for agriculture,
providing vital ecological benefits, including habitat for wildlife and
recharge area for our aquifer; and,
WHEREAS, the Board of Collier County Commissioners supports local agriculture
through programs including cooperation with the University of Floridal
IFAS Extension Service: and,
WHEREAS, 2006 marks the 51st year of the National Farm City Partnership: and,
..--
WHEREAS, we encourage all citizens to pause to recognize the contributions of our
local farmers and ranchers to our economy, our food supply, and our
society: and,
WHEREAS, today we honor Bonnie Fouls for her numerous years of service to the
University of Florida I IFAS Extension and the agricultural community
through her commitment and dedication to the Farm City BBQ: and,
WHEREAS, today we honor the Ronny and Patsy Raulerson as this year's "Farm
Family" of the year for their numerous years of tireless commitment
and dedication to Collier County and its agriculture.
NOW rHEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that on behalf of the citizens of Collier
County, great appreciation and honor is owed to all of this county's
agriculturalists, and that November 19th through 2!yh be designated as
Farm-City Week
DONE AND ORDERED rHIS 14th Day of November, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
,,--..
AITEsr;
DWIGHr E. BROCK, CLERK
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COl'.r.M!SSIONERS
4."
." 1/14/~D06 9:00:00 .t~M
Prcdamauon recognlz1i19 ~,Javern~)er 19tr', through Hie 2:-Ah as r:ar!T1" City V\.'eek To De
accepted by Cyndee Woolley and BO:lnle Fauls
Date
Prepared By
Paula Spr; ngs
Board of County
Commissioners
Executive Aide to the Bee
Bee Office
1111120062:34:14 PM
Approved By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Bee Office
1111/2006 3:37 PM
Approved By
Date
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
1111120U6 5:42 PM
rtf!,
q
Paqc ;;
Aaenda Item l'la. 48
N~ovember 14.2006
Page 1 of 2
.____ PROCLAMATION
WHEREAS, America Recycles Day, a national all-volunteer, non-profit
organization, launches its tenth annual campaign to promote the
social, environmental and economic benefits of recycling and
buying recycled products on America Recycles Day, November J5,
2006: and,
WHEREAS, the citizens of Collier County have the opportunity to join millions
of people across America in making a positive difference in
reducing water and air pollution, conserving resources and saving
energy by recycling and buying recycled products: and,
WHEREAS, the Public Utilities Solid Waste Management and Utility Billing &
Customer Service Departments, under the direction of Collier
County Board of County Commissione/;'s, have worked diligently to
develop a multifaceted recycling program as a way to preserve
valuable landfill space and conserve natural resources: and,
.,.--.
WHEREAS, Collier County government and the Board of County Commissioners
wish to recognize and commend the citizens of Collier County for
their admirable recycling efforts, their positive contribution to
the preservation of valuable landfill airspace, and for their
contributions to the conservation of our natural resources.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that November 15, 2006 be designated
as
AMERICA RECYCLES DA Y IN COLLIER COUNTY
DONE AND ORDERED THIS 14th Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST;
DWIGHT E. BROCK, CLERK
".-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
48
P,'OCI.JITI8UOn OGSlgnmlng ~~ovemner 15 2006 as F.rnenc8 F~ecyc:les Day I n Collier :::::ounty
To tie accepted by Dan POdriguez
11/";4/200690000 J\M
Executive Aide to the BCe
Date
Prepared By
Paula Springs
Board of County
Commissioners
Bce Office
11/1/2006 3:46:47 PM
Approved By
Executive Manager to the BCe
Date
Sue Filson
Board of County
Commissioners
Bce Office
11/1120064:19 PM
Approved By
County Manager
Dale
James V. Mudd
Board of County
Commissioners
County Manager's Office
11/1/2006 544 PM
48
c,
L
PROCLAMATION
Agenda Item No. 4C
November 14. 2006
Page 1 of 2
.-
WHEREAS, Andrew J. Pavel grew up in Naples, Florida where he attended Poinciana
Elementary School and Pine Ridge Middle School. He then attended Naples
High School where he was a student athlete: and,
WHEREAS, Andrew excelled in football as a defensive lineman and, as a JUnior, was on
the starting line-up when the Naples High School Football team played in the
state championship in Tallahassee in 2001. After the team won the
championship, he was later named Defensive Most Valuable Player by his
coaches: and,
WHEREAS, after graduating from Naples High School in May, 2003 and spending one
semester at Edison Community College, Andrew enlisted in the United States
Marine Corps in February, 2004: and,
WHEREAS, after graduating basic training, Andrew attended the Marine Corps Military
Police School at Fort Leonard Wood, Missouri. After graduation, he was
stationed at Camp LeJeune, North Carolina where he began serving as a
Military Police Officer (MPO). Shortly thereafter, he was selected for the
Provost Marshal's Office Special Reaction Team (SRT), which is the S. W.A. T
team for the Marine Corps: and,
,,-.
WHEREAS, in February, 2006 Corporal Andrew J. Pavel's team was told they needed one
Non-Commissioned Officer (NCO) volunteer from his SRT for a Temporary
Assignment Duty (TAD) in Afghanistan. Corporal Pavel did not want any of
the NCO's who were husbands or fathers to have to go, so, as a bachelor,
he volunteered for this duty: and,
WHEREAS, Corporal Andrew J. Pavel has earned the National Defense Service Medal,
the Global War on Terrorism Service Medal, the Navy Meritorious Unit
Commendation, the Joint Meritorious Unit Award, the Sea Service
Deployment Ribbon and the Afghanistan Campaign Medal and is looking
forward to attending Scout Sniper School to further hone his skills as a
military police officer.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier
County, Florida, that Corporal Andrew J. Pavel, USMC be commended for his
duty as a United States Marine and congratulate him for his accomplishments
and willingness to put himself in harm's way to protect our country.
DONE AND ORDERED THIS 14th Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
.----
ATTEST:
DWIGHT E. BROCK, CLERK
IlefD No. ~C
14 2(106
PDClC- 2 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Ilem Number:
Item Summary:
4c'
Meeling Dale:
prOCiarrE:lt!Or, recognizmg Cor-pordl Andrew J Pavel for his services Itllhe United Stales
!'Jlrmne Corps. To be received by by Ccrporal Ana~'ew J Pavel
11/14/2006 90000 ,AJv1
Prep. red By
Paula Springs
Board of County
Commissioners
Executive A Ide to the Bee
Date
Bee Office
1116120069:17:43 AM
Approved By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
1116/200610:25 AM
Approved By
James v. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1116/200612:39 PM
PROCLAMATION
Agenda Item 1\]0. 4D
November 14, 2006
Page 1 of 3
-
WHEREAS, hospice and palliative care provides patients and families the highest quality
care during life-limiting illness and at the end of life, through pain management
and symptom control, caregiver training and assistance, and emotional and
spiritual support, af/owing patients to live fully up until the final moments,
surrounded and supported by the faces of loved ones, friends and committed
caregivers: and,
WHEREAS, last year, more than one million Americans living with life-limiting illness, and
their families, received care from the 4,100 hospice and palliative care
programs in communities throughout the United States; last year in Collier
County, more than 1,600 individuals living with a life -limiting illness were cared
for by Hospice of Naples; and,
WHEREAS, professional and compassionate hospice staff - including physicians, nurses,
social workers, therapists, counselors, health aides, and clergy - provide
comprehensive care focused on the wishes of each individual patient; and,
WHEREAS, more than 400,000 trained volunteers contribute 18 million hours of service to
the hospice program annuaf/y: more than 250 Hospice of Naples volunteers
contributed more than 12,000 hours of service to hospice patients living in
Collier County last year; and,
/'""""
WHEREAS, providing high-quality hospice and palliative care reaffirms our belief in the
essential dignity of every person, regardless of age, health, or social status,
and that every stage of human life deserves to be treated with the utmost
respect and care; Hospice of Naples believes by changing the way people die,
they change the way people live; and,
WHEREAS, hospice and palliative care providers encourage all people to learn more about
options of care and to share their wishes with family, loved ones, and their
healthcare professionals.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that November be designated as
NA TIONAL HOSPICE/PALLIA TIVE CARE MONTH
and encourage citizens to increase their understanding and awareness of care at
the end of life and to observe this month with appropriate activities and
programs.
DONE AND ORDERED THIS 14th Day of November, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
,-..
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Agenda item No. 40
I~overnber 14, 2006
2 of 3
COLLIER COUNTY
BOARD OF COUNTY CObHI/11SSI0NEF~S
Item Number:
4D
Item Summary:
f'Jroc.lamamm recognizing Novembf.:l- as r~all~Jnzl Hos;J:c,e/F'aliiatl\ie Car€~ Mon~h To be
re:erved by Mary Brode'elf Rbi and Community Relcltlom, Manager and Barbara ~J1:ilf:r RN
Meeting Date:
11/14/2006 9 00 00 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCe
Date
Bce Office
11/6/20009:21 :48 AM
Approved By
SUt;! Fil~on
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
1116/2006 10:25 AM
App roved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/6120061:16 PM
Agenda Item l\lo. SA
r~ovember 14, 2006
Page 1 of 5
.-
EXECUTIVE SUMMARY
PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD
TO SYDNEY E. BLUM, COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE
OBJECTIVE: To recognize and reward an advisory committee member for their outstanding
and dedicated service to Collier County.
CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted
Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for
their significant contributions to the organization and/or community. The respective committees
nominate the outstanding Advisory Committee members and the A wards Committee (same
committee that currently selects the Employee of the Month) evaluates and selects volunteers
from the nomination forms.
AWARD COMMITTEE RECOMMENDATION:
Sydney E. Blum
County Government Productivity Committee
November 2006
~
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners present the Outstanding
Advisory Committee Volunteer Award to Sydney E. Blum for his work on the County
Government Productivity Committee.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: November 14, 2006
~
'"1
PaUL::': oj 5
COLLIER COUNTY
BOAHD OF COUNTY COMf\f1!SS!ONEPS
Item Number:
Ilem Summary:
5;',
Presentation of tile ad'/ls~)rY comn'\ltH:"e outstandIng 11'H':'mber awan1 to Sydney E 3ium
County Gcvernme'-lt Productlvlty Committee
Meeting Dale:
11/14/200690000 AM
Prepared By
Sue Fils-on
Executive Manager to the BCe
Date
Board of County
Commissioners
Bee Office
10126120061 :10:04 PM
Approved By
James V, Mudd
Board of County
Commissioners
County tvlanager
Date
County Manager's Office
10127120063:28 PM
!tern /"\)0. SA,
14.2006
3 of 5
Memorandum
Via Interoffice
To:
Sue Filson, Executive Manager of the Board
Sandra Arnold, Communications Department
From:
Matt Pylant, Employee Recognition Coordinator
Human Resources Department
Date:
September 20", 2006 .~... ~- _/'
Outstanding Advisory Committee Member for the Monre_~_~"~.rl~!!,![,-zoi6.
Subject:
At their monthly meeting, the EOM Committee selected Syd Blum of the Productivity Committee
as the Outstanding Advisory Committee Member for November, 2006.
Syd will be recognized at the November 14th, 2006 BCC meeting.
Thank you.
Human Resources Department
,
eo18:r County
ADVISORY COMMITTEE
OUTSTANDING MEMBER
NOMINATION FORM
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.
I Advisory Committee:
Productivity Committee
Nominee's Name:
Syd Blum
Date of Appointment:
1 Appointcd- 1 0/14/03
Reappo i nted - 2/4/05
Nominator's Name:
Jim Van Fleet, Chairman
I Liaison: Mike Sheffield
I
Liaison Phone: 774-8383
1) 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
3) Give specific examples of exemplary volunteer service.
Syd Blum has attended an impressive 30 out of 33 monthly Productivity Committee meetings in
addition to countless subcommittee meetings. He has been a reliable and important member of
the Productivity Committee by participating on the following projects: The Correctional
Facilities & Law Enforcement Impact Fee Study, the Capital Projects Approval Process
Study, the Employee Benefits Study, the Regional Park Hours Study. the Operational Efficiency
and Etlectivcness Study, the Sheriffs Budget Review Subcommittee, the Parks and Recreation
Impact Fee Study. the Rules and Procedures Subcommittee, the Transponation Impact Fee
Review Study, and the Transportation Services Budget Review Study.
Sycf s strong husiness sense, along with his desire to seek practical solutions, has truly made him
an outstancling member of the Productivity Committee.
j I.F e I/- u,/ 11" -r ;/' /;;:7,/).Yc
)
Nominator's Signature
Date
I, Fonnsl County Fonns/ Bec Forms/ Advisory Committee Outstanding Member Nomination Fonn
WWS 9.2204
..
,1\genda Item hJo. 5,~
f-Jovernber 14,2006
Page 5 of 5
Advi~ory
i
(-0l-J :r-:.J ~ I
St~ Liaison's Si.9P' atuT, ~
J '''/?L~ ~-~L~
On (enter date of Advisory Committee meeting), the above referenced Advisory
Committee voted to to nominate the above referenced member as Outstanding
Advisory Committee Member.
's Signature
Date
6-;;' J -0 tS
Date
6. -~ ') '-Q 6
Staff Liaisons are to submit the completed form to the Human Resources Department no later than
the first of the month proceeding the award month.
I: Forms! County Forms! BCe Forms! Advisory Committee Outstanding Member Nomination Form
WWS 9.22.04
"'...."'''"''"'..,~-~;.._IlO~_..h;h..'''''''','".
Agenda Item No. 58
hJoverrlber 14, 2006
Page 1 of 5
----
PRESENTATION
For ten years, Collier County has benefited from the
continuous work of Keep Collier Beautiful Incorporated.
Activities such as the annual "Coastal Clean Up" and "Bay
Days," spearheaded by this non-profit, public education
organization, bring enormous benefit to our community.
In addition to helping keep Collier County clean, Keep Collier
Beautiful, joins together with business partners and volunteers
to actively promote recycling and waste reduction through the
collection of newspapers, ink cartridges, cell phones and
monofilament fishing line.
Through the years, Keep Collier Beautiful and the Public
Utilities Solid Waste Management Department have partnered
~ together to provide opportunities for citizens to participate in
clean-ups and recycling programs that benefit neighborhoods
throughout Collier County.
Keep Collier Beautiful's newest endeavor is to bring forward a
"Clean Builders Program" a program designed to prevent
littering at construction and demolition sites and to achieve
better handling of waste materials and recalls.
In celebration of Recycle America Day 2006, and in recognition
of the on going partnership between Keep Collier Beautiful
and the citizens of Collier County, we would like to show our
appreciation by presenting Keep Collier Beautiful
Incorporated with this plaque.
Thank you for the work you do for our community.
r-
COLLIER COUNTY
BOARD OF cou~ny COMfliilSSIONERS
Item Number:
Item Summary:
58
Presentation to keep Collie< Beautliul nc.orporatec ;'1 reC.ogration of thEm on gOing
partnership W!tt1 the CItizens of C:Jlller County and io shaw appreclatior~ for thelr- many
beneficial projects including recycling and waste rEduction Initiatives
Meeting Date:
11/14/200690000 AM
Prepa red By
Judith Nothdurft
Waste Reduction & Recycling Manager
Date
Public Utilities
Solid Waste
10130/20061 :57:14 PM
Approved By
Margie Hapke
Public Information Coordinator
Date
Public Utilities
Public Utilities Administration
10131/2006 11 :24 AM
Approved By
Daniel R. Rodnguez, M.B.A. Solid Waste Director
Date
Public Utilities SQlid Waste
10131/20063:35 PM
Approved By
James W _ Delony
Public UtilitIes Administrator
Date
Puolic Utilities
Public Utilities Administration
11/1/20053:45 PM
Approved By
OMS Coordinator
A.(jP1inlslratlvc Assistant
Date
County Manager's Ofiice
Office of Management &. Budoet
11/2/20Qf, 11:52 Afvl
Approved By
RDnd~,' Gr~,{mwald
Mar1a~emel1t!B~ld~et I\.lh~i~'&t
Dr.:te
(;:)(Jnty Mbnager's Office
Office of Maoorwrnent &. BlJ(j(!Cl
11/3/200C 9:11 Al\."
Approved Ill'
L',I:;:l;ld S:~l'Jj.;':'\NS' I
r.'ianz:pe71HCill 8. budget ~)lr0sto;
[)i:1tc
C-,cu:~t\ r/zm,~~)"~' ~. C'~":;:;.,
(:;ffH:~: 01 MJn.Jnf':'~lent f. UlJdm,t
) il?,/20Df, ~;:41 A~;'
Approved R~
j~Jncc~ " ~/iudj
~,':::' ,W;,\' \(,;;n,irwf
EH:,cr( oj
~;OUtlty r/:~rtapc:s Office
';,::~15 l\ f\!',
Corpm1;:S
3 of S
Our mission is to encourage individuals to take greater responsibility for their environment.
Our history: KCB was founded in 1995, by a group oflocal residents, business owners and
government representatives. The group requested and received certification as an affiliate :from
Keep America Beautiful April, 1996. Established as a 501 c3 nonprofit organization, KCB has
grown via private donations, grants, annual funding from the Florida Department of
Transportation and a purchase order for services from the Collier County Department of Solid
Waste Management. KCB, like all other affiliates, receives no funding from Keep America
Beautiful.
Acting as an umbrella organization for a multitude of like-minded groups, KCB began its first
efforts assisting, and then eventually assuming responsibility for, the operations of Bay Days,
Coastal Cleanup and the Adopt-a-Shore programs. Since our inception we have added other
programs and significantly grown the two county-wide cleanups' volunteer participation and
sponsors.
Keep America Beautiful requires all its affiliates to complete an annual report which, among
other items, asks for the total number of volunteers recruited for our programs, the results of a
litter index evaluating the "state oflitter" in our community and to perform a cost benefit
analysis. Over the last 10 years, KCB has seen more that 19,000 volunteers pitch in and help
keep Collier beautiful. The litter index over the years shows that our community is feeling the
effects of its growth through increasing litter as well as traffic jams. The cost benefit analysis
tells how every government dollar is matched and typically, KCB earns our community more
than $3.00 for each government dollar received.
Programs for 2006-2007
GAClBay Days - April 21, 2007
Bay Days was originally started more than 15 years ago by local residents concerned about the
Gordon River/Naples Bay area. The coordination of the event was passed to Keep Collier
Beautiful ten years ago. Since then KCB has expanded the event to include the cleanup of
waterways across the county.
Sites will include Naples Marina, Bayview Park, Naples Landing, Vanderbilt Beach, Wiggins
Pass, Lake Trafford, Residents Beach, Cedar Bay Marina, Rookery Bay, Sand Dollar and Tiger
Tail beaches, and the Golden Gate canals. Additional sites may be added. This cleanup has
averaged between 600 and 800 volunteers. However, with additional advertising, expanded email
contacts and "save the date" postcard mailing, we anticipate seeing an increase in volunteer
participation this year. The Marine Industries Association has expressed their whole-hearted
support of this event and encourage their members to attend as well as supply boats for
volunteers. ..1Jl Adopt-a-Road groups are encouraged to participate as well. The expanded
participation ofIsles of Capri, Ten Thousand Islands Nature Reserve, Fakahatcee Strand,
Everglades National Park and other local environmental agencies added during the 2006 Coastal
Cleanup will no doubt be an additional source for volunteer participation during Bay Days.
e
-)
At
A.aenda Item I~o. 58
N~overnber 14. 2006
Page 4 of 5
Coastal Cleanup - Sept. 15, 2007
This is KCB's largest event. It has grown to see more than 1400 volunteers come out on one day
_ possibly more than any other event in Collier County. In 2006, we added several sites to our
usual list of beaches and waterways, expanding from eight to eleven sites. All have expressed
their desire to continue their participation. Underwater cleanups typically are included in the
event, but do not always occur on the same day due to water conditions and/or the availability of
boats. At an average of20 pounds oftrasb per person. we are hauling in more than 28,000
pounds in one day. As more boaters become involved, we are able to access debris caught in the
mangroves of our intra-coastal islands. The participation oflocal business sponsorship bas grown
along with the event The 2007 cleanup will add lunches for the volunteers from severalloca1
restaurants. The day is both fim and productive. With good press coverage from TV and print
medi~ KCB is able to make several points to the community: Collier County residents care
about their environment, everybody needs to be aware of the harmful effects of litter and all
neighborhoods and groups are invited to join in.
Volunteers receive garbage b~ gloves, T shirts and bottled water from site coordinators
manning each cleanup area. In some areas, long handled nets are made also available.
Clean Bullder/Oean Business
Modeled after Keep Brevard Beautiful's long-time successful program, builders are encouraged
and rewarded for clean building practices. Nominated construction sites are evaluated throughout
the construction process for recycling of building materials and keeping construction generated
litter under control. CBIA bas expressed their support of this program and will include
information in their newsletters. Applications are available online at the KCB web site and will
be included in the CBIA newsletter. KCB need to have signs made to go up at winning
constmction sites.
Recycling in Collier County
Maintain the cooperative effort with the Collier County Recycling Department to promote
commercial recycling. Promote the education of business owners (Clean Business Program) on
ways to reduce solid waste disposal costs through recycling by promoting Keep America
Beautiful's Business Recycling Program. KCB will continue its active participation with
newspaper recycling by SP Recycling and toner/cartridge recycling by RecycleFirst. The annual
KCB student art calendar includes Collier County's recycling poster on its back cover and the
recycling message is mentioned in several spots within the calendar itself.
Graffiti Hurts - Care for Your Community
This Keep America Beautiful, Inc. designed program provides interdisciplinary lesson plans and
teacher's guide for grades 3-5. Through classroom presentations. field trips students learn that
graffiti is a crime that hurts their community and them. KCB and the Immokalee Weed & Seed
Program have begun a cooperative effort in their area to address graffiti.
Adopt-a- SpotIPark
In response to special requests KCB bas discussed, and on a limited basis, established
neighborhood and special location cleanups. Scout troops and neighborhoods have requested
support for one-time cleanups. They will be provided with garbage bags and gloves.
iTem i\;o. 53
2008 Florida, Love it or Lose it! Litter Bugs me! Student Calendar art contest 14.2006
For the first time in the calendar's history, we are modifying its slogan to incorporate KCB'i:s;e ::, of:3
anti-litter campaign slogan "Liter Bugs Me!" Student entries will be accepted from all students
living in Collier County; grades one through twelve who attend public, private schools or are
home schooled. Annually, we are averaging 300-400 entries and every year the art work
improves. Winners are awarded gift certificates from Coastland Center Mall and receive small
prizes from participating sponsors. Page ads are offered for sponsorship to local businesses and
help defray expenses.
Adopt-a-ReefJCollier Reef Research Team Underwater Cleanups
KCB is CRRT's sponsoring agency. Their plans include participation in all cleanups, monitoring
of Collier's artificial reef system and construction of artificial reefs. EagleRay Dive Shop leads
this effort and annually coordinates the underwater and shoreline cleanup at Wiggins Pass.
CRRT will be manning the Cocohatchee River site for GAClBay Days and Coastal Cleanup,
they anticipate more than 25 divers to help cleanup and conduct fish counts.
2006 Litter Index
The Keep America Beautiful Litter Index process is conducted in the spring each year. Several
hundred miles ofeollier County's roadways and waterways are included in this new method of
evaluating our community's litter status. Random sites are chosen for evaluation and rated
according to amount oflitter. The annual report is submitted to Keep America Beautiful as part
of our affiliation requirements.
",
, I
Adopt-a-Shore
All eleven miles of Naples' beaches are available for adoption by local service groups,
businesses, families or schools. Groups are given two-year contracts to do four cleanups per year
that are monitored by KCB. They are asked to submit tallies of volunteers and bags of trash after
each cleanup. Sites are available from Vanderbilt to Marco and surrounding islands. KCB is
increasing the coverage of each site from one to four groups. Scheduling of these four groups
will increase cleanup efforts from once a quarter to monthly. Groups will be asked to report each
cleanup and any extraordinary circumstances they may notice on the beach, such as large holes
in the sand or items that may need assistance in removing.
Every site should display an "Adopt-a-Shore" sign and every group should have their own sign
acknowledging their efforts. KCB needs the assistance of local governments to get this done.
We hope to use small metal signs on existing posts at beach access points. Group names would
be on separate smaller and easily changed signs below the "Adopt-a-Shore" sign.
Adopt-a-Canal
This pro!,Tfam has a great deal of potential. Canals paralleling major roadways are our targets..
Neighborhood associations may want to adopt less visible canals. With the cooperation of Big
Cypress Basin, we are able to provide each group with a large sign posted below the SFWMD
sign nearest their assigned area. KCB provides the groups with long handled nets, garbage bags
and gloves. Groups are required to contact KCB after a cleanup with a short report of number of
volunteers, amount of trash, unusual items and large item removal needs. Big Cypress is then
contacted and provides removal of the trash and any large or submerged items.
)
Agenda Item No. 5C
November 14.2006
Page 1 of 4
PRESENTATION
The mandatory Non-Residential Recycling Ordinance, adopted by the Board of County
Commissioners on July 27, 2004, established the Waste Reduction Awards Program, the
WRAP award, to recognize businesses and institutions for enhanced and innovative
recycling programs.
The Board of Collier County Commissioners, is pleased to recognize The Animal
Medical Hospital of Naples for their efforts to contribute to the greater good of all of
Collier County by helping to prolong the usable life of the Collier County Landfill
by reducing their solid waste stream through an enhanced recycling program as
evidenced by:
. Implementing a recycling program in their administration office and kennel area.
. Placing under-the-desk recycling containers for paper and cardboard inside the
administration office.
. Initiating an extensive employee training program to transition towards recycling.
",-.
The result of these efforts made it possible for the Animal Medical Hospital of Naples to
replace a four cubic yard dumpster with two 96-gallon trash carts and a cardboard/paper
recycling container.
The Animal Medical Hospital of Naples is an outstanding example of a business that is in
compliance with the non-residential recycling ordinance.
The WRAP award program includes a certificate, a trophy, use of the WRAP logo and
space on the www.collien!o\..net/recvcJe website to showcase their waste reduction and
recycling program.
Therefore, the Board of County Commissioners congratulates Dr. Carin C. Corbo
and staff of The Animal Medical Hospital of Naples for their continued support in
promoting waste reduction and recycling. Their efforts will have a significant and
positive effect on sustaining the usable life of the Collier County Landfill.
",-.
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
5C
Presentation of the V\iK,':'P Award tt\eV'Jaste ReductlOf- Awards prograrn, to Tn0 Animal
Iv1edlcai Hos~lItai of Napies In recognition of ttlelr enrianced recycling program and positive
effect on sustaining the usable life of tr~e Coilier County Landfill
Meeting Date:
11/1412006900:00 AM
Prepared By
Janet Ty-Go
Recycling Coordinator
Date
Public Utilities
Solid Waste
10130/20061:54:54PM
Prepared By
Judith Nothdurft
Waste Reduction 8. Recycling Manager
Date
Public Utilities
Solid Waste
10/30120061 :54:54 PM
Approved By
Margie Hapke
Public Information Coordinator
Date
Public Utilities
Public Utilities Administration
101311200611:23 AM
Approved By
Daniel R. Rodriguez:, M,B.A, Solid Waste Director
Date
Public Utilities Solid Waste
10f31/2006 3:34 PM
Approved By
.)arr'l(')$ W. DeLony
PublIC Utilities AdminisHalor
Date
Public Utilities
PublIC Utiliti~s Administrmion
11J1,'2005 3:45 PM
Approved By
OMB Cno:-dinator
j.';dr:l:n:s~r;!;tivc As.!1.:swnt
D.'lte
Count\' ~!13nagn(~ Office
C}Hic(~ 01 ManZlQ!mwnl & tJlHl~le\
'11/.2!20(1) 1~:S4Ar\11
Approved B:y
R,~ndv C~'-ee;l'n<dd
!.);.:n~,gen10:jt :8liUCK'
[I,)t~:
Ccumv f/i~n.s.9'2""~; efflu,
Office cd r~,an,3gernenr fJuciQct
1 ~r::;/2(JO(j ~1:1:; Ar'/:
Approved By
3111yf<,(1\'.':~fji
~-/;;nlB;F.:'l1t'nt 6. hw::igo-, [)',ec:wr
D,lte
C:~--'tH::\' fViarmQct";; ef[ ..~
(:tnl~:C (if Man29'c~:TIQnt 5, S;..H;iget
~~:3j AM
Approved By
Jarnes \'. I,,~tldd
Count),' f\i1;:lIl<ioer
Date
[-<.o;m:l cf Ccun~i'
C()unt\ M~t.rwoe:"'s; Offt~:e
I i!3;2LO~; 10;"15 /~i'/i
Comm~SSIC:f1(-!r'S
:2 of 4
L~'
iterr! 1-'oJo. 5C;
2:006
3 of 4
COLLIER COUNTY
WASTE REDUCTION AWARDS PROGRAM
NOMINATION FORM
c-J )OC<~
CRITERA
A business must be located within the unincorporated areas of Collier County and have
integrated new, expanded, exceptional and/or innovative recycling and/or waste reduction efforts
into its solid wa-ste management system in response to and exceeding minimum requirements of
the Non-Residential Recycling Ordinance No. 2004-50. The Ordinance can be found online:
www.colliercotlntyrecycles.com/page slabo utB u siness. asp.
Examples include but are not limited to, partnering with another agency to reuse waste materials,
increasing capture of recyclable materials from zero to 100%, incorporating innovative methods of
collection and/or processing of recyclable materials. .
Businesses can be self-nominated, nominated by an individual, or as the result of a site visit by
County personnel. Awards will be presented four times a year in January, April, July and October.
A panel of technical associates considering the waste reduction and recycling program merits,
based on the program summary, will determine the awards.
AWARD DESCRIPTION
The Collier County Waste Reduction Awards r:'rogram includes space on the website, .
www.colliercountyrecycles.com. showcasing the business and its exceptional recyclinglwaste
reduction program, use of the CCMlRAP logo including a small window display, and a rlicyc!ed
glass award.
CA TEGQRI~
. ~ Office \
. 'Tnstituti6n
Retail
Submit to: Collier County Solid Waste Mgmt. Depl
3301 Tamiami Trail E, Bldg. H
Naples, FL 34109 Fax: 239 774-9222
Date I o/tb 10 fQ
Business Nominee flit" AVJ"""JtL MEDICAL f-tc5r(mL &::t fJ?.101es
. . '" . I I r. 0 P-F ';Cz1L 1 . J I .
Contact Person :Dr. ((tn n L . Corbo / l/IVlC€. Cot bn '~ategory 0 FFIC-.E
- /
) \ '1 Bo \ O..w....C\v4i T Y"O.l.t r~ .
V ' "1 - r h '\
C / 2 ~1-\, Ie / . t4 -t--l1-<.rK.dc.. ~-;{. )
'-.
N:minator 12c~c.C:':I~ ~,ro{. - J- III-Go
I 0
5 VJ tv-..l:>
Address
fJ cqf.u P L 54
J
Phone 2.3'1 - :;,.( :J - 0,).. r .?,
Phone z..~ -1-~2--.:L50 ~
Address/Affiliation
The Collier County Solid Waste Management Department has selected The Animal
Medical Hospital of Naples as a recipient of the WRAP award for the expansion of their
recycling and waste reduction program.
.
On AUbrust 2005, The Animal Medical Hospital of Naples implemented a
recycling program in their administration office and kennel area.
The Animal Medical Hospital of Naples placed under-the-desk recycling
containers for paper and cardboard inside the administration office.
In addition, Mr. Vincent Corbo, the office manager, has initiated an extensive
employee training program to transition towards recycling.
As a result the Animal Medical Hospital of Naples has replaced a four cubic yard
, .
dumpster with two 96-gallon trash carts and a cardboard/paper recyclmg
container.
The Animal Medical Hospital of Naples is an outstanding example of a business
that is in compliance with enclosure regulations and the non-residential recycling
ordinance.
.
.
.,
.
THE ANIMAL MEDICAL HOSPITAL OF NAPLES
A.genda item No. 5C
t~ovember 14.2006
Page 4 of 4
Administration Office Area
Enclosure Area for Trash and Recycling Containers
Agenda item No. 50
r~ovember 14, 2006
F'age 1 of 2
EXECUTIVE SUMMARY
Recommendation to recognize James Maulden, Senior Equipment Operator, Solid
Waste Department, as Employee of the Month for October, 2006
OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize James Maulden,
Senior Equipment Operator, Solid Waste Department, as Employee of the Month for October, 2006.
CONSIDERATIONS: James Maulden is an outstanding employee. James has been a Collier County
employee since 1989, always on time, reporting late to work only two times in his 17-year career. In
addition to his punctuality, James has never taken a single day of sick leave, accumulating over 2,706
hours of unused sick time.
He always greets customers and co-workers with a smile and is a pleasure to work with. James keeps
himself busy by taking the initiative to seek jobs to complete; whether it is helping a visitor to the center or
completing daily tasks. Whenever James is faced with an irate citizen who disagrees with the
measurements and fees assessed, James remains calm and professional, politely explaining the center
policies and ending the encounter with a satisfied customer.
James has traveled over 1,500,000 accident-free miles on Collier County's congested roadways.
Whenever experiencing problems with equipment, James works hand-in-hand with Fleet Management to
ide<ntify and locate the problem. James' continued diligence in these matters resulted in the repairs of
equipment after the Solid Waste Department had experienced years of on-going problems that had
resulted in lost work time.
r- After Hurricane Wilma, James was indispensable, completing such tasks as assisting in hurricane staging
areas, cleaning debris from a homeless camp, and removing the remains of a portable classroom from
Corkscrew Middle School.
We are proud to work with this man, whom we so highly respect.
FISCAL IMPACT: "Employee of the Month" selected receives a $150.00 cash award. Funds for this
award are available in the relevant department's Budget Cost Center.
GROWTH MANAGEMENT: There is no growth management impact associated with this Executive
Summary.
RECOMMENDATION: That the Board of County Commissioners approves the recognition of James
Maulden as "Employee of the Month" for October 2006.
PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources
r--
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMM1SSlONERS
5D
f~ecommendatlOn to recognize James Ma.ulden Senlm- Equipment Operator SO\IC 'Waste
Department as Employee of the t'J1 onth for October, 20D6
11/14/200690000 AM
Employee Recognition Coordinator
Date
Prepared By
Matt Pylant
Administrative Services
Human Resources
10/30/20064:20:12 PM
Human Resources Director
Date
Approved By
Jean Merntt
Administrative Services
Human Resources
10/31/20066:03 PM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Adminis.trative Services
Administrative Services Admin.
11/1120064:01 PM
OMB Coordinator
Administriltive Assistant
Date
Approved By
County Manager's Office
Office of Man<igement & Budget
1112/200611:57 AM
il.1anagcment & B~ldgct Analyst
Date
Approved By
L;iura Davisson
County Man;::ger's Office
Office of fl/:anagement & Budget
11/2/200G 2:28 PM
r'i'lchael Smyko'Nli>ki
rv:ana~F'ment & Buopel Director
[J;:ltc
Approved By
County Mnn;.lW~rs Office
Office of Management [;, Blldpet
'l113:2006 ~i:mj AM
Approved By
~ij.,".~c,o_; V
!?~ W~. c.,our'
C ("l\iTIi~Sloner:;'
fl;''i.:m;;~;e:
(j.:lte
cumy r,':;H\;,~;e:
10:17 /,h1
Paqe
,""-
p,genda Item !\Jo. 6A
November 14, 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail · Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
October 27. 2006
Mr. Gene Belsito
2380 Bayou Lane #1
Naples, FL 34112
Re: Public Petition Request to Discuss a Back Exit From Falling Waters (Davis
Boulevard) Onto Cope Lane
Dear Mr. Belsito:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of November 14, 2006 regarding the above referenced
subject.
~
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at :his meeting and to respond to inquiries by Board members.
If you requi:"2 any further information or assistance, please do not hesitate to contact this
office.
JVM/jb
cc: David Weigel, County Attorney
Norman Feder, Transportation Services Administrator
~
ReQuest to Speak under Public Petition
Agenda Item ['.Jo, 6A
RECEIV~M~~OFFlce
____ Paqe 2 ot 2
Please print
O"T 2 I. 2"'1r'"
\." '4 I;;;,
Name:
GeAJe B. Be/sIlO
F/i////f/1 W/1 T~'<?5 - Dttv/s Blvd,
Address:
d3~O GfJv tJ U J.11,1lfe - #" /
/
AC-'",
FILE
1V1t#:,/es FL a 1// /~
r t13<?) ".39 e - 706 I - C e / /
Phone: (;)2'1) 7 7c5 - 6960 - /lolY e
Date of the Board Meetino YOU wish to speak: ;V" J/ &/W be fZ /~ OJ () tJ6
Please exolain in detail the reason YOU are reauestino to soeak (attach additional
oaoe if necessary):
BRck exiT+~tJM F/J-/I/A/f WlfTePS- Pflvi513/J/cI.
~i~ C~fe ;19#e. Ih/S. \:x/L. U/dU/d he 7'A'@d. /IT[J,is
__e -rhe~ e /S OA/~:/ "//Ie ~/";v IN /lAid ollie WfryouT
whiuh /s /A~ov'1h IAe 'l1J-7@ C'AI 70 PhI/is- Blvd 7/;eIU? A/{e
??tJO {/A/ITS IJSiNf cJNe eXIT 1'17;5 W()v/c! be beA/e-h'c;I!/
-t-o ~ The heir I Th lUJd we /fl'rpe o-t= Th e Res tde,07S crf
Fft- II/Alr WA- TelZ5 - P/tt/;s, 81vc!,
Please exolain in detail the action you are askino the Commission to take (attach
additional oaoe if necessary):
We would/;kB The. CCJn/t'1/'5s/~N To Rffl<ot/e--
The E.- X ; T ON 70 C () p e J.. /TN e f R tJM FI'1 / ///lJ7 W/f ?e/<~
..fOR The Res;dANT..5 wITh fl- l<eA<;;~NftbJe FeRM~T
-r- e. e. "
H:\Public Petition Request Form.doc
....-
Agenda Item No. 68
November 14. 2006
Page 1 of 2
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010
October 31, 2006
Mr. Fred Koppenhafer
113 Plantation Circle
Naples, FL 34104
Re: Public Petition Request to Discuss Radio Road East of Santa Barbara Boulevard
Dear Mr. Koppenhafer:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of November 14, 2006 regarding the above referenced
subject.
--
Your petition to the Board of County Commissioners will be limited to ten minutes.
Please be advised that the Board will take no action on your petition at this meeting.
However, your petition may be placed on a future agenda for consideration at the
Board's discretion. Therefore, your petition to the Board should be to advise them of
your concem and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W.
Harmon Turner Building (Building "F") of the government complex. Please arrange to be
present at this meeting and to respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this
office.
JVM/jb
cc: David Weigel, County Attorney
Norman Feder, Transportation Services Administrator
,"'."
,"-"'" !
\.
THE UPS STORE
Fax:2394557885
Oct 31 2006 8:19
P.01
,1\genda Item 1\]0. 68
November 14, 2006
Page 2 of 2
Attn: . COunty Manager
Reauest to Speak under Public Petition
Please print
Name:
FRr;f>
1<0 PPE IV If A Fe:4't"
Address:
1/3 Pt..441rA-T'lotJ C,.c.a!.L.W
/'II AP... f:S ,Fl- ~'1'~'1
Phone: ~:!>'t- 3 S-'S-6i"7<f
Date of the Board Meetinc yOU wish to soeak:
AID VE '" Ge. " /1{ J.OOi,.
Please explain in detjJll the reason you are reauesting.to so,ak (attach
a~dftio':1a. oace if necessarv):. . .
To improve motorists safety and reduce County construction costs on the
expanded Radio Ro~ specifically at STA 29200 East of S~ta Barbra Blvd:"
as currently shown on Collier County Transportation. Engineering &
COnStniction MaIiagement Departnient S~ and Marking Plan, Sheet No;
8-45. .
\
Please exoIain in detail jhe action vou ,re askinatheCor;nmisston to take (attach .
addltionsl ~~ .if r:1~):
(1) EijyniYlate an 1mnPr..e8sary Westbound U tmn staging area in it's entirety.'
. thUs proViding.a better line of sight for Eastbound U turn motorist;
. (2) Enlarge the Eastbound U turri radius to prQVide better tJJming capability .
. for trailers attached to cars an4 trucks making the U turn at this.location;
(3) Authmizc the p~ of a blinking. yellow light p~ on the U turn
medium. facing W~ traffic for driver preCaution; and
. (4) P~st a ~. 35 MPH speed limit at the in;terseetion ~fRadio Road and
D~ Blvd.:, to reduce the '~ ttaek" mind Set of motors.using this
J,lorliOii 'ofRadip Road.
l\oenda item No, 8A
t~-overnber 14, 2006
Page 1 of 45
--
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners enact an Ordinance
implementing the Legislative mandate of ~163.3180(16), F.S., and adopting the Collier
County Proportionate Fair-Share Program.
OBJECTIVE: That the Board of County Commissioners enact an Ordinance, implementing
the Legislative mandate of S l63.3l80( 16), F .S., and adopting the Collier County Proportionate
Fair-Share Program.
CONSIDERATIONS: ConcUlTency is a growth management concept intended to ensure that
the necessary public facilities and services are available concurrent with the impacts of
development. To carry out transportation concurrency, local governments must define what
constitutes an adequate level of service (LOS) and measure whether the service needs of a new
development outrun existing capacity and any scheduled improvements in the Capital
Improvements Element (CIE). If adequate capacity is not available, the local government cannot
permit development unless certain conditions apply as provided for in statute, such as "de
minimis" exemptions for developments having only minor impacts or concurrency exception
areas to encourage infill and redevelopment.
---
The 2005 amendments to Florida's growth management legislation (Senate Bill 360) directed
local governments to enact concUlTency management ordinances by December 1, 2006, that
allow for "proportionate share" contributions from developers toward conCUlTency requirements
(see S 163.3180(16), F.S., attached hereto). The stated intent of proportionate fair-share is to
provide applicants for development an opportunity to proceed under certain conditions,
notwithstanding the failure of transportation conCUlTency, by contributing their share of the cost
of improving the impacted transportation facility.
Senate Bill 360 also directed the Florida Department of Transportation to develop a model
ordinance for proportionate fair-share contributions for use by local governments. The Collier
County Ordinance was drafted utilizing the Model Ordinance as a base. A copy of the Model
Ordinance, which contains in-depth discussions, is also attached hereto. It is the opinion of the
undersigned that this Model Ordinance, together with the discussion set f01ih therein, will likely
be highly influential to a COUli in any litigation involving a local government's proportionate
fair-share ordinance.
It was the intent of the drafters of this proposed Ordinance to create a fair and balanced
Proportionate Fair-Share Program, while maintaining maximum flexibility for the County to
maintain its transp01iation conCUlTency within the confines of the law. The proposed
Ordinance has been vetted to the Collier County Planning Commission, DSAC, and members of
the Productivity Committee, which have been sUPP01iive of the Ordinance and whose proposed
changes have been incorporated. To the undersigned's knowledge, the only issue that was
raised concerned the bonding requirement set forth on page 7, Section 75-205(3) of the
,,-. proposed Ordinance. It was felt by the drafters of the Ordinance that this bonding requirement
was necessary to protect the County from rapidly escalating and/or unforeseen costs of a
Item [\]0. 8/:",
14. 2006
Page;:: of 45
project. It was felt by the development community that this provision eliminated much of the
certainty they would have in the "pay and go" world of proportionate fair-share payments.
Lastly, it should be noted that the Model Ordinance is structured so that a Developer gets to pay
the estimated cost of its fair share of construction, moves ahead with Development, and the
matter is essentially closed. It was the legal opinion of the undersigned that for the protection of
the taxpayer, the Developer should be required to pay its fair share of the actual cost of the
project, whatever those costs ultimately turn out to be. Accordingly, there is a process within
the Ordinance for a "truing-up" of the actual costs as part of the impact fee process, with
adjustments being made at the time that permits are pulled. If the costs are less than anticipated,
the Developer would be reimbursed for paying more than its fair-share as an impact fee credit.
If the costs exceed that anticipated, the Developer would be required to pay its fair-share of the
increased costs in the form of the reduction of existing impact fee credits. The undersigned
expects that this practice will be challenged by the Development community should road
building costs in Collier County continue to escalate, but believes that if fair-share really means
fair-share, that this practice ultimately will be upheld. If this practice is not upheld, Collier
County would simply return to the position that it would have been in had it initially adopted
the Model Ordinance approach to costs.
FISCAL IMPACT: Unknown, and completely unquantifiable.
GROWTH MANAGEMENT IMPACT: Required by law.
-.
LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the Office of the
County Attorney and approved for legal sufficiency.
STAFF RECOMMENDA nON: That the Board of County Commissioners enact an
Ordinance, implementing the Legislative mandate of ~ 163.3180(16), F.S., and adopting the
Collier County Proportionate Fair-Share Program.
Prepared By: Jeffrey A. Klatzkow, Managing Assistant County Attorney
Attachments: 1. ~163.3l80(]6),F.S
2. FDOT Model Ordinance
/""'
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY~ COMMiSSiONERS
r~ecomm?ndztlon that tne Board ot COlmtv CommISSloner~; enact an Ordw;ance.
Implementing tne Legislative mandate of 163 3180(16), F S., ana adopting the Collier County
Proportionate F air-Stlare Program
1 'i/14/20Q6 9 0000 AM
Principal Planner
D3te
Approved By
Phill Tindall
Transportation Services
Transportation Planning
10/27/20064:25 PM
Approved By
Joseph K. Schmitt
Community Development &
Environrnental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin,
10/27/2006 4A9 PM
Approved By
Project Manager
Date
Nick Casalanguida
Transportation Services
Transportation Planning
10/30/20068:04 AM
Jeff Klatzkow
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
10130/20068:14 AM
Donald L, Scott
lr<1I1Sportatlon Plnnning Director
D3te
Approved By
Tran5port.ntlon Serv~ces
Tr~m~~portat~on Planning
lD}30l2006 10:CJS t\M
Approved By'
Fumdall J. C;or,en
CC'nHllLn~l'; Dev[:!oprnr,r,t g
Environmi:ntzl :~crvic(::.;
Cornmllinty PLanning antl
r';;ed",,:vtioplYtOnt Ma,;oper
Da.te
Cornnrehensl't',:.: Pianni~lq
10:'ltjM/i
t~IC:P
ira,lscar:airJH Djvl!i:~'1i Adml1llst;',-;,tor
DJtf.~
Approved 8)
Tral~;';~}Ortatlrw S!":.'fVi'-::-~:;S
lr:nl\.iI)OrUl':,on SQr\fjCl~S [..drnm
Approved By
S~'I<1ron Nc\'!t'nan
Tran",pol"tatlon SerVices
j.,ccounting Sunexvisor
Date
Tr~ns~.ortation Services Arjmln
11/11208C '1 ~29 PM
F'<li LE-hnh,:1rci
Exccut;VE: Secretary
D~te
Approved By
Tr:>nsportatlol'Servrces
Tr;:H;S~)Gnd'Con S!i~vi;:;;.:s /,COlIn
11,'"1,'2006 1: 55 PM
Dr,'! B Coordm<:tor
!\anl!r:,st:-:::t1ve l\ ~<':;.ist;;:m
[J,He
Approved By
C;~unty M.:mJ9c:' s CificC'
Gf1ic::e of M.1n;'~~cmen: & 8u:ige:
1 ~i;2/2()Or. 1': :54 M\1
M;:ld<
!:31JdtE< :',nGlvst
Dete
Approved Ily
:--;c.un1' Man;;9(3!S Off ':e
O~'fiC\::.' of if; <-lfL>( ,:'men' &. :3Udq9:
t::36 A.M
Jarnt:s V f\f\udd
~,:ounty M.1narer
UHtE
Approved By
8c;::u::J of ,:::;oun::r
,~0rTi :"l 'sswnS'fS
14, 2006
4 of 45
The 2006 Florida Statutes
CHAPTER 163
INTERGOVERNMENTAL PROGRAMS
PART II
GROWTH POLICY; COUNTY AND MUNICIPAL
PLANNING; LAND DEVELOPMENT REGULATION
163.3180 Concurrency.--
(16) It is the intent of the Legislature to provide a method by which the impacts of
development on transportation facilities can be mitigated by the cooperative efforts of the
public and private sectors. The methodology used to calculate proportionate fair-share
mitigation under this section shall be as provided for in subsection (12).
(a) By December 1, 2006, each local government shall adopt by ordinance a methodology
for assessing proportionate fair-share mitigation options. By December 1, 2005, the
Department of Transportation shall develop a model transportation concurrency
management ordinance with methodologies for assessing proportionate fair-share mitigation
options.
(b)1. In its transportation concurrency management system, a local government shall, by
December 1, 2006, include methodologies that will be applied to calculate proportionate
fair-share mitigation. A developer may choose to satisfy all transportation concurrency
requirements by contributing or paying proportionate fair-share mitigation if transportation
facilities or facility segments identified as mitigation for traffic impacts are specifically
identified for funding in the 5-year schedule of capital improvements in the capital
improvements element of the local plan or the long-term concurrency management system
or if such contributions or payments to such facilities or segments are reflected in the 5-
year schedule of capital improvements in the next regularly scheduled update of the capital
improvements element. Updates to the 5-year capital improvements element which reflect
proportionate fair-share contributions may not be found not in compliance based on ss.
163.3164(32) and 163.3177(3) if additional contributions, payments or funding sources are
reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on
the transportation facilities.
2. Proportionate fair-share mitigation shall be applied as a credit against impact fees to the
extent that all or a portion of the proportionate fair-share mitigation is used to address the
same capital infrastructure improvements contemplated by the local government's impact
fee ordinance.
(c) Proportionate fair-share mitigation includes, without limitation, separately or
collectively, private funds, contributions of land, and construction and contribution of
facilities and may include public funds as determined by the local government. The fair
market value of the proportionate fair-share mitigation shall not differ based on the form of
mitigation. A local government may not require a development to pay mOie than its
proportionate fair-share contribution regardless of the method of mitigation.
/\Cjenda Item No. SA
t~-ovember 14. 2006
Page 5 of 45
~163.3180(16), F.S. (Continued)
(d) Nothing in this subsection shall require a local government to approve a development
that is not otherwise qualified for approval pursuant to the applicable local comprehensive
plan and land development regulations.
(e) Mitigation for development impacts to facilities on the Strategic Intermodal System
made pursuant to this subsection requires the concurrence of the Department of
Transportation.
(f) In the event the funds in an adopted 5-year capital improvements element are
insufficient to fully fund construction of a transportation improvement required by the local
government's concurrency management system, a local government and a developer may
still enter into a binding proportionate-share agreement authorizing the developer to
construct that amount of development on which the proportionate share is calculated if the
proportionate-share amount in such agreement is sufficient to pay for one or more
improvements which will, in the opinion of the governmental entity or entities maintaining
the transportation facilities, significantly benefit the impacted transportation system. The
improvement or improvements funded by the proportionate-share component must be
adopted into the 5-year capital improvements schedule of the comprehensive plan at the
next annual capital improvements element update.
(g) Except as provided in subparagraph (b)1., nothing in this section shall prohibit the
Department of Community Affairs from finding other portions of the capital improvements
element amendments not in compliance as provided in this chapter.
(h) The provisions of this subsection do not apply to a multiuse development of regional
impact satisfying the requirements of subsection (12).
.f J!"'-
01 "'~J
Model Ordinance for Proportionate Fair-Share
Mitigation of Development Impacts
On Transportation Corridors
Final Edition
February 14,2006
State of Florida
Department of Transportation
605 Suwannee Street
Tallahassee. FL 32399
FOOT Contract No. 80544: RPWO:21
lUTR
Center for Urban Transportation Research
University of South Florida. College of Engineering
4202 E. Fowler Ave.. CUT] 00
Tampa. FL 33620-5375
(8]3) 974-3120
11'11'11'. cutr. u.~fedu
Agenda Item 1\10. 8.1\
t~ovember 14,2006
Page 7 of 45
ACKNOWLEDGEMENTS
CUTR Project Team:
Kristine M. Williams, AlCP, Principal Investigator
Karen E. Seggerman, AlCP, Co-Principal Investigator
Edward A. Mierzejewski, PhD, PE, Co-Principal Investigator
Larry Hagen, P.E., PTOE, Senior Engineer
Pei-Sung Lin, Ph.D., P.E., Senior Engineer
Holly Alderman, Project Staff
Spencer Fleury, Graduate Student
FDOT Project Team:
Robert Magee, Project Manager
Robert Downie, Office of the General Counsel
Robert Romig, Office of Policy Planning
Technical Advisory Committee Members:
Elliot Auerhahn, Broward County Permit Center
Lee Feldman, City of Palm Bay
Jeannie Fewell, Jacksonville Housing Conlmission
Lea Gabbay, FDOT District 2
Val Hubbard, Dept. Community Affairs
Bob Keating, Indian River County MPO
Onelia Lazzari, City of Gainesville
Dave Loveland, Lee County DOT
Bill Oliver, Tindale-Oliver and Associates
Eric Poole, Florida Assoc. of Counties
Brian Teeple. N.E. FL Regional Planning Council
Developers Roundtable Committee Members:
Reggie Bouthillier. Greenburg Traurig
Doug Buck. Florida Homebuilders Assoc.
Patrick T. Christiansen, Akerman Senterfitt
Wade Hopping, Hopping, Green and Sams
Nancy Linnan, Carlton Fields
Cari Roth, Bryant, lv/iller and Olive
Russell Schropp, Henderson. Franklin, Starnes. Holt
Linda Shelley, Fml'ler. FVhite. Boggs, Banker
Brian Yablonski, St. Joe Company
item !\Jo. 8:L,
t\Jove:nber 14. 2006
F'age 8 of 45
Other Participants:
Tom Atkins, HDR
Jay Brady, AICP, Gu(fCoast Builders Exchange
Scott A. Clem, AICP, Sf. Johns County
Daniel DeLisi, AICP, The Bonita Bay Group
Chris Edmonston, Florida Department of Community Affairs
Paul R. Flora, Hillsborough County City-County Planning Commission
Jorge Gonzalez, Sf. Joe Company
Sharman M. Herrin, Committee on Community Affairs, Florida Senate
Keith Hetrick, Florida Homebuilders Assoc.
Barbara Hoagland, Governor's Office
Marsha Hosack, Sarasota County
Heidi Hughes, Florida Department of Community .1ffairs
Tim Jackson, Glatting Jackson
Tim Jones, Lee County Attorney's Office
Bob McKee. Florida Association of Counties
Ken Metcalf, Greenburg Traurig
Jason Paananen. Bay County
M. Lynn Pappas, Pappas A1etcalfJenks & Miller
Jeff Perry. Wilson Afiller Inc.
Larry Pflueger. Pinellas Planning Council
Diane Quigley. Florida Department 01 Com 171 unity .1ffairs
Robert M. Rhodes. Foley & Lardner LLP
Elizabeth Rodriguez. Tampa Builders Assoc.
Brian Strout Assoc. of Florida C0177177unit)' Developers
Ron Talone, Da\'id Plum177er & Assoc.
Teresa Tinker. Governor's Office
Tom Yeatman, C0177l17illee on C0177munity Aftairs, Florida Senate
II
Aaenda Item No. SA
N~overnber 14. 2006
Page 9 of 45
PREFACE
Concurrency is a growth management concept intended to ensure that the necessary
public facilities and services are available concurrent with the impacts of development.
To carry out transportation concurrency, local governments must define what constitutes
an adequate level of service (LOS) and measure whether the service needs of a new
development outrun existing capacity and any scheduled improvements in the Capital
Improvements Element (CIE). If adequate capacity is not available, the local government
cannot permit development unless certain conditions apply as provided for in statute,
such as "de minimis" exemptions for developments having only minor impacts or
concurrency exception areas to encourage infill and redevelopment.
The 2005 amendments to Florida's growth management legislation directed local
governments to enact concurrency management ordinances by December I, 2006, that
allow for "proportionate share" contributions from developers toward concurrency
requirements (see ~ 163.3180(16), F.S., in Appendix A). The intent of the proportionate
fair-share option is to provide applicants for development an opportunity to proceed
under certain conditions, notwithstanding the failure of transportation concurrency, by
contributing their share of the cost of improving the impacted transportation facility.
The Florida Department of Transportation (FOOT) was directed to develop a model
ordinance for proportionate fair-share contributions for use by local governments no later
than December 1, 2005. This model proportionate fair-share ordinance is the result of a
collaborative effort between the FOOT, the Center for Urban Transportation Research
(CUTR), a Technical Advisory Committee comprised of transportation and development
professionals with experience in concurrency management, and a cross section of Florida
developers and their consultants.
It is necessary for a local government to have a Concunency Management System (CMS)
in place prior to the adoption of a proportionate fair-share ordinance. The newly adopted
proportionate fair-share requirements would not apply until a deficiency is identified
through the local CMS. Local governments that have yet to establish a CMS will need to
do so prior to implementing a Proportionate Fair-Share Mitigation Program.
Proportionate Fair-Share Programs must be consistent with local concurrency
management requirements. The law pennits local CMSs to determine concurrency based
on new capacity to be provided by planned road improvement projects up to the first
three years of the capital improvement schedule. Local governments, at their option, may
adopt more stringent standards that apply concurrency at an earlier stage. To the extent
local governments have adopted more stringent standards, the proportionate fair-share
ordinance must reflect a similar time period, thus providing for proportionate fair-share
options in years one, two or three (consistent with local provisions) of the five-year
capital improvement schedule.
Proportionate fair-share contributions should not be confused with transportation impact
fees. The primary difference is that the proportionate fair-share payment outlined in
111
Aaenda Jiern r\jo. 3/::.,
i\Jovember 14. 2006
Page 10 of 45
Section 163.3180(16), F.S., is intended as a means to address a specific transportation
conculTency issue - a road segment or segments operating below the adopted level-of-
service standard; whereas transportation impact fees are imposed on each new
development to pay for that development's impact on the entire transportation system (as
addressed by the local impact fee ordinance). The model ordinance addresses the need
for local governments to provide transportation impact fee credit for proportionate fair-
share contributions under certain conditions as required by Section 163.3180(16), F .S.
The model ordinance implements the provisions of Section 163.3180(16), F.S., which
establishes conditions whereby developers may satisfy transportation conculTency
requirements through proportionate fair-share contributions. It should be noted that the
developer may elect to use these provisions if the transportation facilities or facility
segments identified as mitigation for the development's traffic impacts are specifically
identified for funding in the five-year schedule of capital improvements in a local
government's (CIE) or in an adopted long-tenn CMS.
Likewise, the local government may elect to allow a development to proceed through the
Proportionate Fair-Share Program if the local government is willing to add the necessary
transportation improvement project to the five-year schedule of capital improvements in
the next annual update of the CIE. If the local government does not have sufficient funds
to fully fund construction of a transp0l1ation improvement required by the CMS, the local
government and developer may still enter into a binding proportionate fair-share
agreement authorizing the developer to construct that amount of development on which
the proportionate fair share is calculated. [n this latter case, the proportionate fair-share
amount must be sufficient to pay f<Jr one or more improvements which will, in the
opinion of ~!le governmental entity or entities maintaining the transp0l1ation facilities,
significantly benefit the impacted transp011ation system.
Local capital improvement plans needed to achieve and maintain adopted LOS standards
over the five year period and long teI111 CMSs must be "financially feasible" as defined in
Section 163.3164(32), F.S. Local governments choosing to add a project to their five-
year capital improvements schedule must demonstrate that additional contributions,
payments or funding sources are reasonably anticipated to fully fund the project.
Updates to the CIE that rellect proportionate share contributions will still meet financial
feasibility requirements if additional developer contributions and other funding sources
needed to satisfy the requirements of the local CMS are reasonably anticipated at least
within a I O-year period.
The definition of financial feasibi lity in statute further indicates that "the requirement that
(LOS) standards be achieved and maintained shall not apply if the proportionate-share
process set f011h in 163.3180(12) and (16) is used:- This provision clarifies that
proportionate share is a pay-as you-go method that does not require immediate resolution
of the LOS deficiency, but transp011ation projects satisfying the LOS deficiencies on
these facilities must still be programmed for improvement in the five-year CIE or long
tenn concurrency management system.
]v
Agenda Item No. SA
r..Jovember 14. 2006
Page 11 of 45
The five-year schedule of capital improvements in the CIE must be reviewed annually
and modified as necessary to maintain financial feasibility. In addition to any locally
programmed facilities, the schedule must include projects in the Metropolitan Planning
Organization (MPO) Transportation Improvement Program (TIP) (and any privately
funded facilities that have been guaranteed in an enforceable agreement) that are relied
upon to ensure concurrency and financial feasibility in the five-year schedule period
(S 163.3177(3)(a)6, F.S.).
If a long term CMS is adopted, the local government must evaluate the system
periodically and at a minimum the next Evaluation and Appraisal Report (EAR) must
assess the progress toward achieving an improved LOS and identify any changes needed
to accelerate that progress. Long term CMS are typically 10 years, but may extend up to
15 years with certain justification. The legislation also called for a long term schedule of
capital improvements to be submitted with the long term CMS plan (s 163.3177(3) (d),
F.S.).
Finally, a local government has the responsibility to deny a development that is
inconsistent with the comprehensive plan or land development regulations. This should
occur regardless of a development's ability to meet concurrency through proportionate
fair share, unless the plan is amended to reflect the necessary changes to accommodate
the development.
v
item 1\10. SA
14, 2006
Paae 12 of 5
EXECUTIVE SUMMARY OF ORDINANCE
Sections A and B of the ordinance provide statements regarding the intent of the
Proportionate Fair-Share Program. The basic intent is to establish a process for
mitigating the impacts of development on transportation facilities through the cooperative
efforts of the public and private sectors. Under this process, development may proceed
despite a lack of adequate capacity on the impacted transportation system, provided
applicants contribute their fair-share toward satisfying concurrency for the transportation
impacts of their development projects. A corresponding intent is to strengthen local
capital improvements planning by tying these developer contributions more closely to the
transportation planning and improvement process.
Section C states that the Proportionate Fair-Share Program would apply, pursuant to
certain conditions, to any development that has been denied transportation concurrency
by the local government, other than those specifically excluded by statute or exempted
from concurrency in local ordinance. It would also apply to transportation facilities not
maintained by the permitting local government, provided those facilities are relied upon
for transp0l1ation concurrency detern1inations.
Section D is provided to accommodate regulatory definitions needed to implement the
Prop0l1ionate Fair-Share Program. The section advises local governments to reconcile
tern1S in their prop0l1ionate fair-share ordinance with other concurrency-related
definitions in Chapter 163, F.S., and local land development regulations, It also provides
the new definition of concurrency from Section 163.3180(2 ) (c). F. S.
Conditions for pm1icipating in the program are indicated in Section E. Specifically, plans
must be in place to improve the impacted transportation facilities such that capacity will
be available to accommodate the impacts of the proposed development as required by
Section 163.3] 80, F.S. Local governments may also choose to add new projects to the
local C1E or a long-term CMS and schedule of projects that incorporate developer
contributions. I f no improvement has been included in an adopted improvement
program, then the local government may allow pm1icipation in the Proportionate Fair-
Share Program pursuant to the provisions in Section E(2).
Although the emphasis is on major facility improvements to address transportation needs,
Section E would not preclude short-term operational improvements in advance of a larger
capacity project. It would also allow for mitigation in the form of parallel reliever routes,
improved network development and connectivity, transit facility improvements. or other
major mobility improvements. The intent. however, is that any improvement to a facility
be aimed at advancing a planned improvement project or at least be reflected in an
adopted cOlTidor management plan vvhich addresses operational improvements in a
comprehensive manner.
Section F addresses the need for intergovernmental coordination with other affected
jurisdictions and agencies, regarding contributions to impacted facilities that are under
their jurisdiction. Prop0l1ionate fair-share contributions should be applied toward the
VI
/-\oenda Item No, SA
N~ovember 14, 2006
Page 13 of 45
impacted facility. Therefore, local governments are advised to work with other affected
agencies to establish a process for applying developer contributions to the impacted
facilities. This could be accomplished through cooperative agreements or some other
method, such as participation in preapplication meetings, as suggested in Section G.
Section G provides a basic application process for proportionate fair-share agreements. It
provides for a short notification to applicants, concurrent with the notice of a lack of
capacity to satisfy transportation concurrency, informing them of the proportionate fair-
share option and referring them to the ordinance requirements. Under this section,
potential applicants would need to attend a preapplication meeting. If the proposed
mitigation would be on the Strategic Intermodal System (SIS), FDOT would be notified
and invited to attend. Including FDOT in the preapplication process is suggested as a
good way to provide for early and ongoing coordination and to meet the requirements of
Section 163.3180(16) (e), F.S., which requires FOOT concurrence on SIS mitigation.
Although not specified in ordinance, preapplication meetings would also be helpful for
coordinating on proportionate share contributions with other affected agencies that
maintain a roadway within their jurisdiction (e.g., county roadways in city boundaries,
non-SIS state highways).
Section H sets forth the methodology for determining an applicant's propOliionate fair-
share obligation. This section applies the formula specified in statute, which is that used
for multi-use Developments of Regional Impact (DRI). Unlike the DRI requirements,
however, the impact area would be determined by the local CMS and not by the
"significance test" provided in Rule 9J-5 for multi-use ORIs. The process involves
determining each development's share of a future improvement cost based on the number
of trips that would exceed available capacity under the local CMS. The planned
improvement used as the basis for the contribution would be that improvement specified
pursuant to Section E of the ordinance. The cost used for the prop0l1ionate fair-share
calculation should reflect actual costs at the time the improvement is scheduled for
construction as closely as possible. Therefore, a sample method for determining an
inflation factor is provided in Appendix B.
Section I establishes that applicants are eligible to receive impact fee credit for
proportionate fair-share contributions, as required by Section 163.3180(16) (b) (2), F.S.
A complicating factor is that impact fees are assessed on a system-wide basis, whereas
concurrency detenninations for propOliionate fair-share address improvements related to
a specific site. Therefore, the model suggests that local governments first determine the
distribution of impact fee revenues across the transpOliation system. Under this
approach, applicants would be eligible for impact fee credit only for that portion of their
proportionate fair-share contribution that applies to the same segment that is also being
funded for improvement with their impact fees.
Under Section 163.3180( 16) (b) (2), F .S., applicants are not eligible for impact fee credits
on facilities not contemplated in the impact fee ordinance. For example, if the road is a
state road and the impact fee rate is calculated based on trip lengths that include state
roads, then there would be a credit. If the calculation incl uded only trip lengths on non-
Vll
item f\io. 8/".
14.2005
Paoe14of45
state roads there would be no credit. In addition, impact fee credits would be
administered pursuant to the requirements of the local impact fee ordinance and would be
provided as they are earned and not necessarily at the time of the proportionate fair-share
contributi on.
Section J provides a process for executing proportionate fair-share agreements and a
timeline for payment of contributions. It allows applicants to move forward with their
development plans pursuant to an agreement, without requiring payment until prior to
final approval either of the development order or recording of a final plat. However, it
establishes that applicants must apply for a development permit within one year, or as
required by a local government's CMS. It also provides an incentive for early payment
by establishing that the local government will recalculate the fair-share obligation to
capture any changes in improvement costs where an applicant submits their payment
more than one year after execution of the agreement.
Section K outlines the method for appropriating revenue from proportionate fair-share
contributions. It suggests that revenues be applied to the facilities for which they were
collected, unless the terms of the agreement dictate otherwise. It also establishes
parameters for re-appropriating revenue if an improvement is removed from the CI E.
Specifically, it requires another improvement to be identified and added to the elE to
mitigate transportation deficiencies within that same corridor or sector. At the discretion
of the local government, prop0l1ionate fair-share revenues may be used for operational
improvements prior to construction of the capacity project from which the prop0l1ionate
fair-share revenues were derived. Prop0l1ionate fair-share revenues may also be used as
the 50% local match for funding under the FDOT Transpol1ation Regional Incentive
Program (TRIP).
Section K also includes an optional provision \vhereby local governments could establish
a method to reimburse an applicant \vho constructs a transp0l1ation facility that provides
capacity in excess of the applicant's proportionate t'air-share obligation. This could be
addressed in the terms of proportionate fair-share agreements and/or provided for in the
proportionate t'air-share ordinance using the model language provided.
The ordinance concludes with two optional additions to a local government's
proportionate fair-share regulations. Option A provides an opportunity for a local
government to address the transp0l1ation impacts of a proposed development in an
adjacent local government that is at or near its border. Each pm1icipating local
government would first enter an agreement to incorporate the provision into their land
development regulations. \Vhere a permitting local government finds a significant
transportation impact may occur across its border, using the methodology provided, it
would inform its neighbor who would determine if the development traffic would cause a
concurrency deficiency in their jurisdiction. If so. the adjacent local government would
determine the applicant's proportionate f'air-share obligation to them and provide that
information to the permitting agency who would condition their approval on the
fulfillment of all proportionate fair-share obligations.
V 111
Aaenda Item No. SA
~,Jovernber 14, 2006
Page 15 of 45
Option B provides a concept for applying the Proportionate Fair-Share Program toward
mobility improvements within a transportation concurrency exception area (TCEA),
transportation concurrency management area (TCMA), or a muItimodal transportation
district (MMTD). Because these areas are intended to incorporate significant multimodal
improvements and often have constrained roadways, an area-wide approach is suggested.
It advances Section 163.3180, F.S., which requires local governments to adopt and
implement strategies to support and fund mobility within these areas, including
alternative modes of transportation.
lX
item No. g,,,\
14. 2006
Page 6 of 45
TABLE OF CONTENTS
1. MODEL PROPORTIONATE FAIR-SHARE ORDINANCE ....................................... 1
A. Purpose and Intent..................... ............................. ................................................ 1
B. Findings.................................................................................................................. 1
C. Appl icability ........................................................................................................... 2
D. Definitions.............................................................................................................. 2
E. General Reg uirenlents............................................................................................. 3
F. I ntergovernmental Coordination............................................................................. 5
G. Application Process ................................................................... .......... ................... 6
H. Detennining Proportionate Fair-Share Obligation ................................................. 8
I. Impact Fee Credit for Proportionate Fair-Share Mitigation ................................. 11
.I. Proportionate Fair-Share Agreements .................................................................. 12
K. Appropriation of Fair-Share Revenues ................................................................. 13
II. MODEL OPTIONAL PROVISIONS ......................................................................... 15
A. Cross .Iurisdictionallmpacts ................................................................................... 15
B. Proportionate Share Program for TCEAs, TCMAs and MMTDs........................... 17
APPENDIX A: 2005 PROPORTIONATE FAIR-SHARE LEGISLATION .................. 17
APPENDIX B: METHOD FOR COST ESCALATION ................................................. 20
x
Agenda Item l\lo. 8A
November 14, 2006
Page 17 of 45
I. MODEL PROPORTIONATE FAIR-SHARE ORDINANCE
Introduction
This model ordinance provides a series of options that are intended as a framework for
Proportionate Fair-Share Programs. The ordinance language sets forth the
proportionate fair-share mitigation options in a manner consistent with and as required
by Section 163.3180(16), F.s., and has been crafted to tie to existing local government
CMSs. Because conditions vary throughout the state, it is not the intent that a local
government would adopt the ordinance verbatim as it does not address all issues that
may arise within a particular context. Rather, the model ordinance is a technical
assistance product that local governments will need to adapt to their situation. The model
ordinance contains some options that a local government may consider depending upon
their needs. Local governments should obtain professional planning and legal assistance
when adapting this model regulatOlY language to fit local needs.
A. Purpose and Intent
The purpose of this ordinance is to establish a method whereby the impacts of
development on transportation facilities can be mitigated by the cooperative efforts of
the public and private sectors, to be known as the Proportionate Fair-Share Program,
as required by and in a manner consistent with 9163.3180(16), F .S.
B. Findings
(1) The [Council/Commission] finds and determines that transportation capacity is a
commodity that has a value to both the public and private sectors and the
[City/County] Proportionate Fair-Share Program:
(a) Provides a method by which the impacts of development on transportation
facilities can be mitigated by the cooperative effOlis of the public and private
sectors;
(b) Allows developers to proceed under certain conditions, notwithstanding the
failure of transportation concurrency, by contributing their proportionate fair-
share of the cost of a transpOliation facility;
(c) Contributes to the provision of adequate public facilities for future gro\\-th and
promotes a strong commitment to comprehensive facilities planning, thereby
reducing the potential for moratoria or unacceptable levels of traffic
congestion;
item r\io. 8/\
~4, 2006
Page 18 of 45
(d) Maximizes the use of public funds for adequate transportation facilities to
serve future grovvth, and may, in certain circumstances, allow the
[City/County] to expedite transportation improvements by supplementing
funds currently allocated for transportation improvements in the CIE.
(e) Is consistent with &163.3180(16), F.S., and supports the following policies in
the [City/County] Comprehensive Plan [cross reference policies and
objectives in the comprehensive plan/CIE].
C. Applicability
Commentary: Each local government is required to adopt and maintain LOS on
transportationjacilities per Chapter 163, F.s.. through a CMS designed to "ensure that
issuance oj a development order or development permit is conditioned upon the
availability of public jacilities and services necessary to serve new development" (Rule
9J-5.0055 F.A. C.), This model ordinance assumes that each local government has a ClovIS
in place. Further, this model ordinance is designed to work within a local government's
existing CMS.
The Prop0l1ionate Fair-Share Program shall apply to all developments in
[City/County] that have been notified of a lack of capacity to satisfy transp0l1ation
concurrency on a transportation facility in the [City/County] CMS. including
transpol1ation facilities maintained by FOOT or another jurisdiction that are relied
upon for concurrency determinations. pursuant to the requirements of Section E. The
Propol1ionate Fair-Share Program does not apply to developments of regional impact
(ORis) using proportionate fair-share under ~ 163.3] SO( 12), F.S.. or to developments
exempted from concurrency as provided in [reference appropriate sections in
concun'ency ordinance, policies in comprehensi\C plan. and/or Chapter ] 63.3180,
F.S.. regarding exceptions and de minimis impacts].
Commentary: It is important to note that statutm}' requirements allowing de minimis
impacts for concurrency have been changed to require local governments to maintain
records' to ensure that the 11 0% criteria is /7ot e:rceeded. This documentatio/7 must be
submitted an/7ually with the updates to the local CIE schedule. ff DCA determines that a
local government has exceeded the 110% criterio/7 on a particular roadway, then it 'will
send a letter not(fying the local government that .fi/rther de minimis developme/7t
opprm'ols on that roadH'a}' are prohibited by state 1011' until the local government
provides proof'to DC4 that the rolume has been reduced below IIO%.
D. Definitions
')
,Agenda Item No. 8,A
November 14, 2006
Page 19 of 45
Commentary: This model assumes that basic terms have been defined in local land
development regulations. Terms in the local government proportionate fair-share
ordinance should be reconciled with definitions of relevance to concurrency found in
Section 163.3164, FS., Section 163.3180, FS., and local land development regulations.
In addition, any terms not already defined that have regulat01Y connotations will need to
be defined. Note that the definition of concurrency has been revised as follows:
"transportation facilities needed to serve new development shall be in place or under
actual construction within 3 years afler the local government approves a building permit
or its functional equivalent that results in traffic generation" (S 163. 3180(2)(c), FS.).
E. General Requirements
Commentmy: This section establishes general requirements for participation in the
Proportionate Fair-Share Program pursuant to S163.3180(J6) (b) 1, and (f), FS. It also
clarifies under what circumstances an applicant may choose to participate in the
Program, as well as, under what circumstances the local government may choose to offer
the opportunity to participate.
(1) An applicant may choose to satisfY the transportation concurrency requirements
of the [City/County] by making a proportionate fair-share contribution, pursuant
to the following requirements:
(a) The proposed development is consistent with the comprehensive plan and
applicable land development regulations.
(b) The five-year schedule of capital improvements in the [City/ County] CIE or
the long-term schedule of capital improvements for an adopted long-term
CMS includes a transportation improvement(s) that, upon completion. will
satisfY the requirements of the [City/County] transportation CMS. The
provisions of Section E (2) may apply if a project or projects needed to satisfy
concurrency are not presently contained within the local government CIE or
an adopted long-term schedule of capital improvements.
Commentary: Pursuant to cf163.3180(J6) (b) 1, FS. the transportation improvement in
section (1) (b) above may be a programmed capital improvement that enhances the
capacity of the transportation .~ystem to accommodate the impacts (?f developlnent. For
example, this may involve widening and/or reconstructing a roadway or where the
primary road~vay is constrained or widening is no longer desired. this could involve
creating new reliever roadways, ne}!' network additions, new transit capital facilities
(e.g.. bus rapid transit corridor), or other major mobility improvements. such as
expansion of bus .fleets to increase service fi-equency. Local governments may. at their
discretion, 1vish to make short-term operational improvements in advance of the capacity
project as provided for in section K(J) (~f the ordinance. If'the capacity of the planned
improvement is fully committed, or there is no eligible project in an adopted work
'"
.)
1 ie rTl r-.j.:;. 8,04,
14.2006
Page 20 Of 45
program, a developer could potentially still participate at the discretion of the local
government pursuant to E(2) below.
(2) The [ City / County] may choose to allow an applicant to satisfy transportation
concurrency through the Proportionate Fair-Share Program by contributing to an
improvement that, upon completion, wiII satisry the requirements of the
[City/County] transportation CMS, but is not contained in the five-year schedule
of capital improvements in the CIE or a long- term schedule of capital
improvements for an adopted long-term CMS, where the following apply:
(a) The [City/County] adopts, by resolution or ordinance, a commitment to add
the improvement to the five-year schedule of capital improvements in the CIE
or long-term schedule of capital improvements for an adopted long-term CMS
no later than the next regularly scheduled update. To qualiry for consideration
under this section, the proposed improvement must be reviewed by the
appropriate [City/County body], and determined to be financially feasible
pursuant to ~] 63.3] 80(16) (b) L F.S.. consistent with the comprehensive plan,
and in compliance with the provisions of this ordinance. Financial feasibility
for this section means that additional contributions, payments or funding
sources are reasonably anticipated during a period not to exceed ] 0 years to
fully mitigate impacts on the transportation facilities.
Commentary: The last sentence is somewhat redundant. bur 11'as added to clarifj' that
under f163.3180(l6) (b) 1, FS,: "Updates to the fi1'e-year CIE which reflect
proportionate fair-share contributions m(zv not be found not in compliance [with
financial feasibility requirementl] if additional contributions, payments or funding
sources are reasonab~\' anticipated during a period not to exceed 10 years to fidly
mitigate impacts on the tramJ70rtatioJ1f21cilities. ..
(b) I f the funds al located for the five-year sched ule of capital improvements in the
[City/County] ClE are insufficient to fully fund construction of a
transportation improvement required by the CMS. the [City/County] may still
enter into a binding proportionate fair-share agreement with the applicant
authorizing construction of that amount of development on which the
proportionate fair-share is calculated if the proportionate fair-share amount in
such agreement is sufficient to pay for one or more improvements which will,
in the opinion of the governmental entity or entities maintaining the
transportation facilities. significantly benefit the impacted transportation
system.
The improvement or improvements funded by the proportionate fair-share
component must be adopted into the five-year capital improvements schedule
4
Agenda Item 1\10, 8/\
November 14, 2006
Page 21 of 45
of the comprehensive plan or the long-term schedule of capital improvements
for an adopted long-term concurrency management system at the next annual
capital improvements element update.
Commentary: Item (b) addresses S163.3180(16) (/), F.s. The intent is to allow for major
improvements that significantly benefit the impacted transportation system, rather than
minor incremental projects included to address localized congestion problems. A
transportation improvement funded under this section does not relieve the local
government from addressing any LOS deficiencies on any remaining links identified as
deficient and impacted by the development. The local government's strategies to address
any such deficiencies must be incorporated in the comprehensive plan at the next annual
update of the CIE. These strategies may include adding projects to the Five Year
Schedule of Capital Improvements or longer term solutions such as long term
concurrency management systems, transportation concurrency exception areas,
multimodal tramportation districts, transportation concurrency management areas or
other innovative solutions,
(3) Any improvement project proposed to meet the developer's fair-share obligation
must meet design standards of the [City/County] for 10calIy maintained roadways
and those of the FOOT for the state highway system.
Commentmy: Local governments are responsible for ensuring thefinancialfeasibility (?f
capital improvements in the adopted CIE pursuant to Section 163.316.:/(32) and Section
163.3177. BelO1l' are recommended policy statements to include in the CIE of the
comprehensive plan:
Policy _: The [City/County] CIE shall be revie1ved annually and updated as
necessary to reflect proportionate fair-share contributions.
Polic:V _: The [City/County] is responsible for ensuring the financial feasibility
of all capital improvements in the adopted CIE.
Pursuant to Chapter 163.3177, F.s., the CIE "must include transportation improvements
included in the applicable lv/PO/TIP... to the extent that such improvements are relied
upon to ensure concurrency and financial feasibility." The CIE "must also be
coordinated with the applicable MPO's long-range tran()portation plan... " and should
also include "regionally significant tran()portation facilities" from an adopted regional
transportation plan. Although not required by statute, local governments outside of
l\lPOs should include state road improvements fi'om the FDOT Work Program in their
CIE, e()pecially those that are relied upon to ensure concurrency 'within their community.
It may be necessary to amend the CIE for consistency with these requirements. See
Section Ffor other important consideratio/1.'" related to these provisions.
F. Intergovernmental Coordination
5
,L\aenda Item r'~o. 8t~
N~J\!ember 14. 2006
F'age 22 of 45
Pursuant to policies in the Intergovernmental Coordination Element of the
[City/County] comprehensive plan and applicable policies in [reference adopted
regional plan], the [City/County] shall coordinate with affected jurisdictions,
including FDOT, regarding mitigation to impacted facilities not under the jurisdiction
of the local government receiving the application for proportionate fair-share
mitigation. An interlocal agreement may be established with other affected
jurisdictions for this purpose.
Commentary: Proportionate fair-share contributions should be applied toward the
impacted facility. However, impacted facilities may be maintained by an agency other
than the local government executing the proportionate fair-share agreement (e.g, a
county or state road lvithin the city limits). Therefore, it is advisable for each local
government to work with other affected agencies to establish a procedure for
coordinating mitigation to impactedfacilities that are maintained by another agency. It
may be appropriate to enter into a A1emorandum of Understanding (MOU) or inter/ocal
agreement outlining inter~jurisdictional review criteria and decision time~fi'ames. or to
establish an ordinance provision authori::ing deposit of proportionate fair-share fimds
into the appropriate project account of the FDOT or other affectedjurisdicti011.
G. Application Process
(1) Upon notification of a lack of capacity to satisfy transportation concurrency, the
applicant shall also be notified in writing of the oppOliunity to satisfy
transportation concurrency through the Proportionate Fair-Share Program
pursuant to the requirements of Section E.
(2) Prior to submitting an application for a propOliionate fair-share agreement, a pre-
application meeting shall be held to discuss eligibility, application submittal
requirements, potential mitigation options, and related issues. If the impacted
facility is on the SIS, then the FOOT will be notified and invited to participate in
the pre-application meeting.
Commentar)': Section 163.3180(16) (e). FS.. requires FDOT concurrency 071 SIS
mitigation proposals. It is the intent of G (2) that FDOT coordinate closely lvith the
local government and developer as proportionate fair-share mitigation options are
definedfor the SIS in particular. Such coordination is also important 0/1 mitigation feu'
other important state higll1\'a)'s. Including FDOT in the preapplication process is a good
way to provide for ear(}' and ongoing coordination on this issue. See also number five
below.
(3) Eligible applicants shall submit an application to the [City/County] that includes
an application fee of [$X] and the following:
6
Aaenda Item r\jo, S,A,
N-ovember 14, 2006
Page 23 of 45
(a) Name, address and phone number of owner(s), developer and agent;
(b) Property location, including parcel identification numbers;
(c) Legal description and survey of property;
(d) Project description, including type, intensity and amount of development;
(e) Phasing schedule, if applicable;
(f) Description of requested proportionate fair-share mitigation methodes); and
(g) Copy of concurrency application.
Commentary: Presumably some of the above items would already have been submitted as
part of the initial concurrency application, and would simply need to be copied and
resubmittedfor this purpose.
(4) The [Concurrency Administrator] shall review the application and certify that the
application is sufficient and complete within [10 business days]. 1 f an application
is determined to be insufficient, incomplete or inconsistent with the general
requirements of the Proportionate Fair-Share Program as indicated in Section E,
then the applicant will be notified in writing of the reasons for such deficiencies
within [10 business days] of submittal of the appl ication. I f such deficiencies are
not remedied by the applicant within [30 days] of receipt of the written
notification, then the application will be deemed abandoned. The
[Council/Commission] may, in its discretion, grant an extension of time not to
exceed [60 days] to cure such deficiencies, provided that the applicant has shown
good cause for the extension and has taken reasonable steps to effect a cure.
Commentary: These review timelines are provided/or illustration. Local governments
should establish a timeline that is appropriate for them in the context of their
development review and concurrency management process.
(5) Pursuant to 9163.3180(16) (e), F.S., proposed proportionate fair-share mitigation
for development impacts to facilities on the SIS requires the concurrency of the
FOOT. The applicant shall submit evidence of an agreement between the
applicant and the FOOT for inclusion in the proportionate fair-share agreement.
Commentary: Payments tmvard mitigation of impacts to the SIS could be transferred to
the FDOT through an interlocal agreement or the local government could apply the
contributions tmvard advancing improvements identtfied in a corridor management plan
aimed at reducing local trqffic impacts on the SfS.
(6) When an application is deemed sufficient, complete, and eligible, the applicant
shall be advised in writing and a proposed propOliionate fair-share obligation and
7
,.:\qenda lten-l 1\1:]. 8l~.
r~'-cvefl1ber ~4, 2006
Page 24 of 45
binding agreement will be prepared by the [City/County] or the applicant with
direction from the [City/County] and delivered to the appropriate parties for
review, including a copy to the FDOT for any proposed proportionate fair-share
mitigation on a SIS facility, no later than [60 days] from the date at which the
applicant received the notification of a sufficient application and no fewer than
[14 days] prior to the [Council/Commission] meeting when the agreement will be
considered.
Commentmy: The appropriate parties for review of proportionate fair-share agreements
would include the jurisdiction maintaining the transportation facility that is subject to the
agreement. (f other than the apprOl'ing jurisdiction. It is also advisable for local
governments to provide their DCA representative a copyfor review and comment.
(7) The [City/County] shall notifY the applicant regarding the date of the
[Council/Commission] meeting when the agreement will be considered for final
approval. No proportionate fair-share agreement will be effective until approved
by the [Council/Commission, or pursuant to staff approval for agreements below
a celiain dollar amount].
Commentary: Local governments should establish an opproval process for ogreements
that works in their context. A local government may wish to allow administrative
approvalfor smaller contributions below a certain defined dollar amount and provide for
Council approval of contributions that exceed that .'peeified amount.
H. Determining Proportionate Fair-Share Obligation
Commentary: 771is section establishes the methodologyfhr determining the proportionate
fair-share obligation (~f the applicant. Development trips. roadway segments and
corresponding eligible improvcments lIsed for proportionate fair-share calclllation in
this section are ident(fied using the local government CAIS. the loeol CIE. and Section E
of this ordinance.
(I) PropOliionate fair-share mitigation for concurrency impacts may include, without
limitation, separately or collectively, private funds, contributions of land, and
construction and contribution of facilities. {Vote: This language is as provided in
.,\']63.3180 (/6) (c), FS.].
(2) A development shall not be required to pay more than its propOliionate fair-share.
The fair market value of the proportionate fair-share mitigation for the impacted
facilities shall not differ regardless of the method of mitigation. [Note: This
language is as provided in ,U63.3180 (l6) (c), FS.}
(3) The methodology used to calculate an applicant's propOliionate fair-share
obligation shall be as provided for in Section 163.3180 (12), F. S., as follows:
8
,b.,genda Item No. 8/\
r"Jov8mber 14. 2006
Page 25 of 45
"The cumulative number of trips from the proposed development expected to
reach roadways during peak hours from the complete build out of a stage or phase
being approved, divided by the change in the peak hour maximum service volume
(MSY) of roadways resulting from construction of an improvement necessary to
maintain the adopted LOS, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the adopted LOS."
OR
Proportionate Fair-Share == L[[(Oevelopment Tripsi) / (SY Increasej)] x Costj]
Commentary: In the context of the formula, the term "cumulative" includes only those
trips }i'om the stage or phase of a development being considered in the application. The
trips expected to reach the failing roadway for this calculation are those identified in the
development's traffic impact analysis. Logically, one would evaluate concurrency based
on the total trips impacting the peak hour of the failing roadway. Assumptions used in
the proportionate fair-share calculation should be consistent with those used in the local
government's CMS.
Where:
Development Trips] == Those trips from the stage or phase of development under
review that are assigned to roadway segment "i" and have
triggered a deficiency per the CMS;
SV lncreasej == Service volume increase provided by the eligible
improvement to roadway segment "i" per section E;
Costj == Adjusted cost of the improvement to segment "i". Cost
shall include all improvements and associated costs, such
as design, right-of-way acquisition, planning, engineering,
inspection, and physical development costs directly
associated with construction at the anticipated cost in the
year it will be incuned.
Commentary: Under the de.finition (~f "development trips. ., only those trips that trigger a
concurrency de.ficiency would be included in the proportionate fair-share calculation.
(4) For the purposes of determining proportionate fair-share obligations, the
[City/County] shall detennine improvement costs based upon the actual cost of
the improvement as obtained from the CIE, the MPO/TIP or the FOOT Work
Program. Where such information is not available, improvement cost shall be
detemlined using one of the following methods:
(a) An analysis by the [City/County] of costs by cross section type that
incorporates data from recent projects and is updated annually and approved
by the [Council/Commission or appropriate entity]. In order to accommodate
9
IteiTI r\JO. 8,L\
14. 2CJ06
Page 26 of 45
increases in construction material costs, project costs shall be adjusted by
[inflation factor); or
Commentmy: The cost used for the proportionate fair-share calculation should be
today's cost estimate of tomorrow's cost. A sample method for determining an inflation
factor is in Appendix B. Upon acceptance by the local government of a proportionate
fair-share contribution, the applicant lvould not be responsible for any subsequent cost
overruns or iliflationaryfactors associated with the project beyond that date.
(b) The most recent issue of FOOT Transportation Costs, as adjusted based upon
the type of cross-section (urban or rural); locally available data from recent
projects on acquisition, drainage and utility costs; and significant changes in
the cost of materials due to unforeseeable events. Cost estimates for state
road improvements not included in the adopted FOOT Work Program shall be
determined using this method in coordination with the FOOT District.
Commentary: vVhen determining a cost .fi)1< state road improvements it is important to
contact the FDOT District/or cost estimates based on actual construction costs, right-o.f
1my and other area ,~pec(fic costs.
(5) If the [City/County] has accepted an improvement project proposed by the
applicant, then the value of the improvement shall be determined using one of the
methods provided in this section.
(6) If the [City/County] has accepted right-of-way dedication for the propOliionate
fair-share payment. credit for the dedication of the non-site related right-of-way
shall be valued on the date of the dedication at [_] percent of the most recent
assessed value by the [City/County] propeliy appraiser or. at the option of the
applicant. by fair market value established by an independent appraisal approved
by the [City/County] and at no expense to the [City/County]. The applicant shall
supply a drawing and legal description of the land and a celiificate of title or title
search of the land to the [City/County] at no expense to the [City/County]. If the
estimated value of the right-of-way dedication proposed by the applicant is less
than the [City/County] estimated total propoliionate fair-share obligation for that
development, then the applicant must also pay the difference. Prior to purchase or
acquisition of any real estate or acceptance of donations of real estate intended to
be used for the propOliionate fair-share. public or private paliners should contact
the FOOT for essential information about compliance \vith federal law and
regulations.
Commentary: Local governments may want to use a proxy.fi)1< market value to allow
applicants to proceed without the cost o(an appraisal. For example. some communities
use 115% or 120% of assessed value, in the assumption that market value t)picalZv
]0
l\genda Item No. SA
t'.!ovember 14, 2006
Page 27 of 45
exceeds assessed value by 15% or 20%. For further information on this technique see
the C UTR publication Corridor Preservation Best Practices at WW)1'. cutr. us! edu.
I. Impact Fee Credit for Proportionate Fair-Share Mitigation
(1) Proportionate fair-share contributions shall be applied as a credit against impact
fees to the extent that all or a portion of the proportionate fair-share mitigation is
used to address the same capital infrastructure improvements contemplated by the
local government's impact fee ordinance.
(2) Impact fee credits for the proportionate fair-share contribution will be determined
when the transportation impact fee obligation is calculated for the proposed
development. Impact fees owed by the applicant will be reduced per the
Proportionate Fair-Share Agreement as they become due per the [City/County]
Impact Fee Ordinance. If the applicant's proportionate fair-share obligation is less
than the development's anticipated road impact fee for the specific stage or phase
of development under review, then the applicant or its successor must pay the
remaining impact fee amount to the [City/County] pursuant to the requirements of
the [City/County] impact fee ordinance.
Commentary: The intent of the ordinance is that any impact fee credit would be
provided as the impact fee is earned and not necessarily when the proportionate fair-
share contribution is submitted.
(3) Major projects not included within the local government's impact fee ordinance or
created under Section E. (2) (a) and (b) which can demonstrate a significant benefit to
the impacted transpOliation system may be eligible at the local government's
discretion for impact fee credits.
(4) The prop0l1ionate fair-share obligation is intended to mitigate the transp0l1ation
impacts of a proposed development at a specific location. As a result, any road
impact fee credit based upon proportionate fair-share contributions for a proposed
development cannot be transferred to any other location unless provided for within
the local impact fee ordinance.
Commentary: Under the legislation, local governments with transportation impact fees
must provide impact fee credit for proportionate fair-share contributions. Impact fee
credits may vary by jurisdiction based on the methodology used to determine those fees.
Impact fees are generally assessed on a system wide basis. whereas concurrency
determinations for proportionate fair-share address improvements that are related to a
spec{fic site. Therefore, it is intended that the local government calculate the impact fee
for the development and determine the distribution (~f the impact fee revenues across the
tramportation system within the given impact fee zone. Applicants would be eligible for
impact fee credit for that portion (d' their proportionate fair-share payment that applies
to a segment for which the local government tramportation impact fee is being applied.
1 ]
,Lt,oenda Item i\Jo. SA
t,Tovember 14,2006
Page 28 of 45
J. Proportionate Fair-Share Agreements
(1) Upon execution of a proportionate fair-share agreement (Agreement) the
applicant shall receive a [City/County certificate of concurrency approval].
Should the applicant fail to apply for a development permit within [12 months or
timeframe provided in the local CMS of the execution of the Agreement, then the
Agreement shall be considered null and void, and the applicant shall be required
to reapply.
(2) Payment of the proportionate fair-share contribution is due in full prior to
issuance of the final development order or recording of the final plat and shall be
non-refundable. If the payment is submitted more than 12 months from the date
of execution of the Agreement, then the proportionate fair-share cost shall be
recalculated at the time of payment based on the best estimate of the construction
cost of the required improvement at the time of payment, pursuant to Section H
and adjusted accordingly.
Commentary: It is intended that proportionate fair-share contributions be paid in a
timely fashion and that they reflect actual costs as closely as possible, This section
provides that if an applicant chooses to submit their proportionate fair-share payment
1170re than one year ({fier execution of the agreement. the local government will
recalculate the fair-share obligation to capture any changes in improvement costs over
time. Because this could increase an applicant's fair-share obligation, presumably it
would be in the applicant 's interest to pczv as early as possible.
(3) All developer improvements authorized under this ordinance must be completed
prior to issuance ofa development permit. or as othenvise established in a binding
agr~ement that is accompanied by a security instrument that is sufficient to ensure
the completion of all required improvements. It is the intent of this section that
any required improvements be completed before issuance of bui lding pel1l1its or
certificates of occupancy.
(4) Dedication of necessary right-of-way for facility improvements pursuant to a
proportionate fair-share agreement must be completed prior to issuance of the
final development order or recording of the final plat.
(5) Any requested change to a development project subsequent to a development
order may be subject to additional proportionate fair-share contributions to the
extent the change would generate additional traffic that would require mitigation.
(6) Applicants may submit a letter to \vithdraw from the proportionate fair-share
agreement at any time prior to the execution of the agreement. The application
fee and any associated advertising costs to the [City/County] will be non
refundable,
12
Agenda Item ~~o. SA
~~ovember 14. 2006
Page 29 of 45
(7) OPTIONAL PROVISION: The [City/County] may enter into proportionate fair-
share agreements for selected corridor improvements to facilitate collaboration
among multiple applicants on improvements to a shared transportation facility.
Commentmy: Situations may arise where local governments desire to facilitate multi-
developer fair-share agreements on corridors needing improvement. This sample
provision would encourage and allow for public/private agreements among several
developers on a corridor that would like to coordinate with each other and the local
government on improvements needed for them to achieve concurrency. Such agreements
would accommodate unique opportunities for coordinating among several entities, both
public and private, to accomplish a neededfacility upgrade.
For example, Hillsborough County entered into a public-private partnership with
developers along Us. 301 aimed at coordinating concurrency mitigation projects across
several major developments with vested status along the corridor. A stimulus for the
program was the fact that each development was widening the corridor along impacted
segments, resulting in variations in laneage and corresponding safety problems.
Because these segments needed to be tapered, and then later would need to be
reconstructed, there were cost savings to all (~fthe developers to pool their resources and
coordinate on the overall road widening project needed to serve their developments.
Each developer was required to pay their proportionate fair-share into an account that
was earmarkedfor this purpose. Participating developers were also allowed to construct
their share (~r the improvement as an alternative to paying into the account.
K. Appropriation of Fair-Share Revenues
Commentwy: This section outlines the method for appropriating the revenue ./i"om
proportionate fair-share contributions. It directs revenues to the facilities/or which they
were collected unless the terms of the agreement dictate otherwise. Section K(2)
establishes parameters for re-appropriating revenue (f an improvement is removed.fi"om
the CIE. Spec(fically, it requires another improvement to be ident(fied and added to the
CIE to mitigate transportation deficiencies 'within that same corridor or sector.
(]) Proportionate fair-share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the [City/County] CIE, or as
otherwise established in the terms of the proportionate fair-share agreement. At
the discretion of the local government, proportionate fair-share revenues may be
used for operational improvements prior to construction of the capacity project
from which the proportionate fair-share revenues were derived. Proportionate
fair-share revenues may also be used as the 50% local match for funding under
the FOOT TRIP.
(2) In the event a scheduled facility improvement is removed from the CIE, then the
revenues collected for its construction may be applied toward the construction of
13
item No. SA
14, 2006
Page 30 of 45
another improvement within that same corridor or sector that would mitigate the
impacts of development pursuant to the requirements of Section E(2)(b).
Commentmy: It is important to reiterate that a local government that enters into a
proportionate fair-share agreement with an applicant is committing to improving the
transportation facility in question within at least 10 years. Not doing so would raise
questions regarding compliance of the annual capital improvements program with the
requirements of Chapter 163 as administered by the Florida Department of Community
Affairs (FDCA).
Where an impacted regional facility has been designated as a regionally significant
transportation facility in an adopted regional transportation plan as provided in Section
339.155, F.S., and then the [City/County] may coordinate with other impacted
jurisdictions and agencies to apply proportionate fair-share contributions and public
contributions to seek funding for improving the impacted regional facility under the
FDOT TRIP. Such coordination shall be ratified by the [City/County] through an
interlocal agreement that establishes a procedure for earmarking of the developer
contributions for this purpose.
CommentOlY: Local gm'ernl11ents may consider establishing a method whereby an
applicant who constructs a tramportation facility that exceeds the applicant's
proportionate fair-share obligation could be reimbursed for the excess contribution.
This could be addressed in the terms of proportionate fair-share agreements andlor
provided for in the proportionate fair-share ordinance. Belo1l' is sample language for
that purpose:
(3) OPTIONAL PROVIS'JON: \\:here an applicant constructs a transp0I1ation facility
that exceeds the applicant"s prop0I1ionate fair-share obligation calculated under
Section H, the [City/County] shall reimburse the applicant for the excess
contribution using one or more of the following methods:
(a) An impact fee credit account may be established for the applicant in the
amount of the excess contribution. a p0l1ion or all of \vhich may be assigned
and reassigned under the terms and conditions acceptable to the
[City/County].
(b) An account may be established for the applicant for the purpose of
reimbursing the applicant for the excess contribution with proportionate fair-
share payments from future applicants on the facility.
(c) The [City/County] may compensate the applicant for the excess contribution
through payment or some combination of means acceptable to the
[City/County] and the applicant.
14
Agenda Item No. 8A
NOv81Tlber 14. 2006
Page 31 of 45
Commentary: The intent of item (c) above is that the local government could provide
payment alone or use a combination of methods, such as those provided in (a) or (b) to
reimburse the applicantfor the excess contribution.
II. MODEL OPTIONAL PROVISIONS
Commentary: Below are two optional provisions that a local government may consider
adding to its proportionate fair-share ordinance. Option A sets forth a method of
coordinating with adjacent jurisdictions on proportionate fair-share contributions for
development impacts that extend "across the border." Option B sets forth a method of
applying the proportionate fair-share program toward mobility improvements within a
TCEA, TCMA, or MMTD.
A. Cross Jurisdictional Impacts
Commentary: This section provides a concept to advance intergovernmental
coordination objectives in local government comprehensive plans and applicable policies
in adopted regional plans. It provides an opportunity for a local government to address
the impacts of a proposed development in an adjacent local government that is at or near
its border. It is intended as a means of managing development on a regional
thorougl?fare, and not for application to minor roadways. A regional transportation
facility in this context would most likely be an arterial roadway, but could be a major
collector roadway that is plannedfor expansion and reclass(fication as an arterial. To
apply this method. each participating local government must first enter an interlocal
agreement to incorporate the provision into their respective land development
regulations. The permitting local government would use the methodolo:f,y}' in this section
to determine lvhether a sign(/icant impact may occur across its border and offer its
neighbor an opportunity to evaluate the proposed development to deter/nine (f it H'ould
exceed their adopted LOS standards for concurrenc}'. Where the proposed development
would trigger a concurrency failure on the neighboring local government's roadway,
that local government 'would use the proportionate fair-share methodology to determine
the applicant's obligation. In this situation, the applicant would need to provide a
proportionate fair-share contribution to the adjacent local government that experiences
a concurrency deficiency, as )1'ell as to the permitting local government.
(I) In the interest of intergovemmental coordination and to reflect the shared
responsibilities for managing development and concurrency, the [City/County]
may enter an agreement with one or more adjacent local govemments to address
cross jurisdictional impacts of development on regional transportation facilities.
The agreement shall provide for application of the methodology in this section to
address the cross jurisdictional transpOliation impacts of development.
15
[tern 1\)0, 2Jj~
14 2006
Pace 32 of 45
(2) A development application submitted to the [City/County] subject to a
transpOliation concurrency determination meeting all of the following criteria
shall be subject to this section:
(a) All or part of the proposed development is located within [fill in number]
mile(s) of the area which is under the jurisdiction, for transportation
concurrency, of an adjacent local government; and
Commentmy: A minimum of one mile is suggestedfor the provision above.
(b) Using its own concurrency analysis procedures, the [City/County] concludes
that the additional traffic from the proposed development would use [five
percent or more of the adopted peak hour LOS maximum service volume] ofa
regional transpOliation facility within the concurrency jurisdiction of the
adjacent local government ("impacted regional facility"); and
Commentary: There are many measures and approaches a community might use to
determine whether an impact on a neighboring jurisdiction's roadway segment is
sign[jicant enough to warrantfitrthcr ana~vsisfor proportionate fair-share contributions.
This section suggests a method similar to that usedfor DRl",
(c) The impacted regional facility is projected to be operating below the level of
service standard, adopted by the adjacent local government. when the traffic
from the proposed development is included.
Commentw)': An accurate assessment oliOS il17paC1S would accountfor the cumulative
impacts ofprcvious~v approved de1'elopme11ls that have not yet becn constructed.
(3) Upon identification of an impacted regional facility pursuant to subsection 2(a)-
(c), the [City/County] shall notify the applicant and the affected adjacent local
government in writing of the opporiunity to derive an additional propOliionate
fair-share contribution, based on the projected impacts of the proposed
development on the impacted adjacent facility.
(a) The adjacent local government shall have up to ninety (90) days in which to
notify the [City/County] of a proposed specific proportionate fair-share
obligation. and the intended use of the funds when received. The adjacent
local government must provide reasonable justification that both the amount
of the payment and its intended use comply \vith the requirements of Section
163.3180( 16), F.S. Should the adjacent local government decline
proportionate i'air-share mitigation under this section. then the provisions of
this section \vould not apply and the applicant \vould be subject only to the
propOliionate Hlir share requirements of the [City/County].
(b) If the subject application is subsequently approved by the [City/County], the
approval shall include a condition that the applicant provides, prior to the
16
Agenda Item !'>Jo. SA
November 14.2006
Page 33 of 45
issuance of any building permit covered by that application, evidence that the
proportionate fair-share obligation to the adjacent local government has been
satisfied. The [City/County] may require the adjacent local government to
declare, in a resolution, ordinance, or equivalent document, its intent for the
use of the concurrency funds to be paid by the applicant.
Commentary: The new growth management legislation encourages jurisdictions to
coordinate with their neighbors on LOS standards and methodologiesfor concurrency on
transportation facilities that traverse multiple jurisdictions. Specifically, the new law
requires local governments to "consider compatibility with the roadway facility's
adopted LOS standards in adjacent jurisdictions" and to use a "professionally accepted
methodology for measuring impacts on transportation facilities" for concurrency
determinations. In addition, counties are encouraged to coordinate with adjacent
counties, and local governments within a county are encouraged to coordinate, for the
purpose of using common methodologies for measuring transportation impacts for
concurrency administration.
B. Proportionate Share Program for TCEAs, TCMAs and MMTDs
Commentary: This section provides a concept for the applicathm of a proportionate fair-
share program in the context of a TCEA. TCM4. or ALMTD, 'which are concurrency
alternatives that require mobility plans and funding mechanisms. Because these areas
tend to involve sign(jicant multimodal improvements and (~ften have constrained
roadways. an area-wide approach is suggested
Within the [reference all local TCMAs, and/or MMTDs, and/or TCEAs],
[City/County] hereby establishes a proportionate fair-share assessment, based on the
expected costs and transportation benefits of all the programmed improvements
within that District, and based on the expected trip generation of the proposed
development.
Commentary: Amendments to .9163.3180 FS. tighten requirementsfor TCEAs. Similar to
the requirements for TCA1As and .MA1TDs. the statute requires local governments to
adopt and implement strategies to support and fund mobility within the designated
exception area, including alternative modes of transportation. and to demonstrate how
they will provide mobility. This ordinance provision offers local governments a means to
use proportionate fair-share paymentsfor this purpose.
APPENDIX A: 2005 Proportionate Fair-Share Legislation
This Appendix contains the proportionate fair-share languagefi'om Senate Bill 360 as
found in Chapter 163.3180(16) Florida Statutes.
17
Aaenda Item No. .sA
~~~:Jv9mber 14. 2006
Page 34 of 45
(16) It is the intent of the Legislature to provide a method by which the impacts of
development on transportation facilities can be mitigated by the cooperative efforts of the
public and private sectors. The methodology used to calculate proportionate fair-share
mitigation under this section shall be as provided for in subsection (12).
(a) By December 1,2006, each local government shall adopt by ordinance a methodology
for assessing proportionate fair-share mitigation options. By December I, 2005, FOOT
shall develop a model transportation concurrency management ordinance with
methodologies for assessing proportionate fair-share mitigation options.
(b) In its transportation CMS, a local government shall, by December I, 2006, include
methodologies that will be applied to calculate proportionate fair-share mitigation. A
developer may choose to satisfy all transportation concurrency requirements by
contributing or paying proportionate fair-share mitigation if transportation facilities or
facility segments identified as mitigation for traffic impacts are specifically identified for
funding in the five-year schedule of capital improvements in the CIE of the local plan or
the long-term CMS or if such contributions or payments to such facilities or segments are
reflected in the five-year schedule of capital improvements in the next regularly
scheduled update of the CIE. Updates to the five-year CIE which reflect proportionate
fair-share contributions may not be found not in compliance based on ss. '63.3164(32)
and 16l~-lJll(3) if additional contributions. payments or funding sources are reasonably
anticipated during a period not to exceed 10 years to fully mitigate impacts on the
transportation facilities.
2. Proportionate fair-share mitigation shall be applied as a credit against impact tees to
the extent that all or a portion of the prop0l1ionate fair-share mitigation is used to address
the same capital infrastructure improvements contemplated by the local government's
impact fee ordinance.
(c) Prop0l1ionate fair-share mitigation includes. without limitation, separately or
collectively, private funds, contributions of land. and construction and contribution of
facilities and may include public funds as determined by the local government. The fair
market value of the proportionate fair-share mitigation shall not differ based on the form
of mitigation. A local government may not require a development to pay more than its
prop0l1ionate fair-share contribution regardless of the method of mitigation.
(d) Nothing in this subsection shall require a local government to approve a development
that is not otherwise qualified for approval pursuant to the applicable local
comprehensive plan and land development regulations.
(e) Mitigation for development impacts to facilities on the SIS made pursuant to this
subsection requires the concurrency of the FOOT.
18
Agenda Item No. SA
November 14. 2006
Page 35 of 45
(f) In the event the funds in an adopted five-year CIE are insufficient to fully fund
construction of a transportation improvement required by the local government's CMS, a
local government and a developer may still enter into a binding proportionate share
agreement authorizing the developer to construct that amount of development on which
the proportionate fair share is calculated if the proportionate fair-share amount in such
agreement is sufficient to pay for one or more improvements which will, in the opinion of
the governmental entity or entities maintaining the transportation facilities, significantly
benefit the impacted transportation system. The improvement or improvements funded by
the proportionate fair-share component must be adopted into the five-year capital
improvements schedule of the comprehensive plan at the next annual CIE update.
(g) Except as provided in subparagraph (b) 1. Nothing in this section shall prohibit the
FOCA from finding other portions of the CIE amendments not in compliance as provided
in this chapter.
(h) The provisions of this subsection do not apply to a multiuse development of regional
impact satisfying the requirements of subsection (12).
19
j~,oenda item No. 8,.4.
~I:Jve:Ylber 14.20%
Page 36 of 45
APPENDIX B: METHOD FOR COST ESCALATION
This Appendix contains a method to estimate growth in costs, through the computation of
a three-year average of the actual cost grmvth rates. This will provide a growth rate that
should be smoothed to avoid overcompensating for major fluctuations in costs that have
occurred due to short term material shortages.
Costn = Costa x (I + Cost_growth3yrt
Where:
Costn =
Casto =
Cost_growth3yr =
n=
The cost of the improvements in year n;
The cost of the improvement in the current year;
The growth rate of costs over the last three years;
The number of years until the improvement IS
constructed.
The three-year grO\'vth rate is determined by the following formula:
Cost_gro\'vth3\T = [Cost_growth_1 + Cost_growth_2 -+- Cost_growth_3]/3
Where:
Cost_growth3\T =
Cost_growth_1 =
Cost_growth_2 =
Cost_grO\'vth_3 =
The growth rate of costs over the last three years;
The gro\\th rate of costs in the previous year:
The growth rate of costs two years prior;
The growth rate of costs three years prior.
20
Aaenda Item 1\)0. SA
N'ovember 14. 2006
Page 37 of 45
:6.o9nda HefTi I\JO 3,';
f,Jovernber 14 2 )06
Page 0 .:i5
ORDINANCE NO. 2006-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, IMPLEMENTING THE LEGISLATIVE
MANDATE OF !H63.3180(16), F.S., AND ADOPTING THE "COLLIER
COUNTY PROPORTIONATE FAIR-SHARE PROGRAM"; PROVIDE
FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDE FOR AN
EFFECTIVE DATE.
WHEREAS, the 2005 Legislature, in enacting Senate Bill 360, amended the Local
Government Comprehensive Planning and Land Development Regulation Act, which
amendments included the requirement that "By December I, 2006, each local government shall
adopt by ordinance a methodology for assessing proportionate fair-share mitigation options."
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMTSSTOKERS OF COLLIER COUNTY. FLORIDA that:
SECTION ONE: Collier County hereby adopts an Ordinance that reads as follows:
ARTICLE I. General
Sections 75-1 through 74-99. Reserved.
Section 75-101. Short Title.
This chapter shall be known and may be cited as the "Collier County Proportionate Fair-
Share Program."
Section 75-102. Purpose and Authorit~!.
The Board is adopting this chapter in order to implement the Legislative mandate of
~ I 63.3 I 80( 16), F.S., which was intended by the Legislature to "provide a method by which the
impacts of development on transportation facilities can be mitigated by the cooperative effOlis of
the public and private sectors."
Section 75-103. General Definitions and Abbreviations.
When used in this chapter, the following terms shall have the following meanings, unless
the context clearly indicates otherwise.
Board shall mean the Board of County Commissioners of Collier County, Florida.
CIE refers to the Capital Improvement Element of the comprehensive plan.
CMS refers to the Collier County Transportation Concurrency Management System.
Comprehensive Plall shal1 mean the comprehensive plan of the County adopted and amended
pursuant to the Local Government Comprehensive Planning and Land Development Act as
contained in F.S. eh. ]63, pI. II. or its successor in function.
County shall mean Collier County, a political subdivision of the State of Florida.
Developer shall have the same meaning as defined in ~ 163.3164, F.S. (2005).
Development shall have the same meaning as ~380.04, F.S. (2005).
FDOT ITICanS the Florida Depaitment of TransportatJon.
Pagelof'8
,L\genda Item No. SA
Novernber 14, 2 06
Page 39 0 45
SIS means the Florida Strategic lntermodal System as described in ~339.6I, F.S. (2005).
TIS means Transportation Impact Statement.
Section 75-104. Applicability.
(I) This chapter shall apply to the unincorporated area of Collier County, Florida, and
to all incorporated areas of the County to the greatest extent authorized by the Florida
Constitution or in any intergovernmental or interlocal agreements.
(2) The Proportionate Fair-Share Program shall only apply to the extent as mandated
by ~163.3180(16), F.S., which provides in part as follows: "In its transportation
concurrency management system, a local government shall. by December 1,2006, include
methodologies that will be applied to calculate proportionate fair-share mitigation. A
developer may choose to satisfy all transportation concurrency requirements by
contributing or paying proportionate fair-share mitigation if transportation facilities or
facility segments identified as mitigation for traffic impacts are specifically identified for
funding in the 5-year schedule of capital improvements in the capital improvements
element of the local plan or the long-tenn concurrency management system or if such
contributions or payments to such facilities or segments are reflected in the 5-year
schedule of capital improvements in the next regularly scheduled update of the capital
improvements element." The Proportionate Fair-Share Program does not apply to
developments of regional impact (DRIs) using proportionate fair-share under
S 163.3 180(12), F.S., or to Developments otherwise exempted from concurrency.
(3) The Proportionate Fair-Share Program is intended to apply to and include existing
roadway link deficiencies. If an intersection deficiency is identified in the concurrency
denial determination and the improvements required to remedy that insufficiency can be
incorporated into a link improvement for which a proportionate fair-share is being
calculated under Section 75-203, then such costs may be included in the proportionate
fair-share calculation. The County may consider and approve major intersection
improvements such as grade separations, interchanges, Intelligent Traffic Management
Systems, and through movement capacity improvements as eligible for the Proportionate
Fair-Share Program.
(4) Notwithstanding the above requirements, upon the presentation of evidence by the
County Manager or designee, and finding by the Board, that the proposed project, if
<lpproved, would compromise public health, safety or welfare by allowing operational
deficiencies to exist prior to the construction phase of fully funded improvements
identified in the five year ClE, the propOltionate fair-share eligibility may be denied
unless the applicant cures the operational deficiencies prior to commencing Development.
Section 75-105. Findings.
The County, adopting the findings of the Model Ordinance for Proportionate Fair-Share
Mitigation on Development Impacts On Transportation Corridors (Final Edition - February 14,
2006), finds as follows:
(1) The County finds and determines that transportation capacity has a value to both
the public and private sectors and that the County Proportionate Fair-Share Program:
(a) Provides a method by which the impacts of development on transportation facilities
can be mitigated by the cooperative efforts of the public and private sectors;
(b) Allows Developers to proceed under certain conditions, notwithstanding the failure of
transportation concurrency, by contributing their proportionate fair-share of the cost
of a transportation facility;
(c) Contributes to the provision of adequate public facilities for future growth and
promotes a commitment to comprehensive facilities planning, thereby reducing the
potential for moratoria or unacceptable levels of traffic congestion;
(d) Maximizes the use of public funds for adequate transportation facilities to serve future
growth, and may, in certain circumstances, allow the County to expedite
transportation improvements by suppiementing the funds currently allocated for
transportation improvements in the ClE; and
Page 2 of 8
item He 3,.1'.,
14,2106
Page 40 0 45
(e) Is consistent with ~J63.3180(16), F.S., and supports the policies of the Collier County
Growth Management Plan and Land Development Code.
ARTICLE II. Applicability.
Section 75-201. General Requirements.
Provided that a proposed Development is otherwise fully consistent with the
comprehensive plan and all applicable land development regulations, a Developer may choose to
satisfy all transportation concurrency requirements by contributing or paying proportionate fair-
share mitigation if transportation facilities or facility segments identified as mitigation for traffic
impacts are specifically identified for funding in the 5-year schedule of capital improvements in
the capital improvements element of the Comprehensive Plan or the long-term concurrency
management system or if such contributions or payments to such facilities or segments are
reflected in the 5-year schedule of capital improvements in the next regularly scheduled update of
the capital improvements element. The proposed project must be fully funded and financially
feasible to qualify for the Proportionate Fair-Share Program.
Section 75-202. Application Process.
(1) Upon notification of a lack of capacity to satisfy transportation concurrency, the
applicant shall also be notified in writing of the opportunity to satisfy transportation
concurrency through the Proportionate Fair-Share Program.
(2) Prior to submitting an application for a Proportionate Fair-Share Agreement
("Agreement"), a pre-application meeting shall be held to discuss eligibility, application
submittal requirements, potential mitigation options, and related issues. If the impacted
facility is on the SIS, then FDOT will be notified and invited to participate in the pre-
application meeting.
(3) Eligible applicants shall submit an application to the County that includes the
requisite application fee and the following:
(a) 0Jame, address and phone number of owner(s), Developer and agent:
(b) Property location, including parcel identification numbers:
(c) Legal description and certified survey of property;
(d) Project description, including type, intensity, density and amount of Development;
(e) Traffic Impact Study performed in accordance to the County's adopted TIS
procedures;
(f) Phasing schedule, if applicable;
(g) Roadway safety audit of significantly impacted roadway segments and intersections as
outlined in the Collier County TIS guidelines and procedures;
(h) Approved abutters list and impacted stakeholders list;
(i) List of all "vested developments" that impacts the segment that the proportionate
share is being applied for;
(j) Analysis showing that all "vested traffic" is included in the remaining roadway
capacity calculation when the additional capacity is considered from the capital
project being considered for proportionate share;
(k) Description of requested proportionate fair-share mitigation methodes);
(l) Copy of concurrency application: and
(m)Such other information and data that the County deems necessary.
(4) The County shall review the application and determine whether the application is
sufficient and complete within 15 business days from submittal. If an application is
determined to be insufficient. incomplete or inconsistent with the general requirements of
the Proportionate Fair-Share Program as set forth herein, then the applicant will be
notified in writing of the reasons for such deficiencies within 20 business days of
submittal of the application. If such deficiencies are not remedied by the applicant within
60 business clays of receipt of the written notification, then the application will be deemed
abandoned. The County may, in its discretion. grant an extension of time not to exceed
60 business days to cure such deficiencies. provided that the applicant has shown good
cause for the extension and has taken reasonable steps to effect a cure.
Page 3 of 8
Agenda Item No SA
November 14, 2 06
Page 41 0 45
(5) Pursuant to ~163.3180(l6)(e), F.S., proposed proportionate fair-share mitigation
for development impacts to facilities on the SIS requires the concurrence of FOOT. The
applicant shall submit evidence of an agreement between the applicant and FOOT for
inclusion in the Proportionate Fair-Share Agreement.
(6) When an application is deemed complete and sufficient for analysis. the applicant
shall be advised in writing of eligibility for the Program. If eligible, a proposed
Proportionate Fair-Share Agreement will be prepared by the County Attorney, which
Agreement will be delivered to the appropriate parties for review, including a copy to
FOOT for any proposed proportionate fair-share mitigation on a SIS facility.
(7) Approval of a Proportionate Fair-Share Agreement shall require the completion of
a public involvement and notification process that shall include notification of potentially
impacted parties to participate in a public workshop which must be conducted in the same
manner as a Neighborhood Information Meeting. The public workshop will review the
project impacts, the roadway safety audit, and identify improvements that may be needed
to address any health, safety and welfare operational improvements that need to be
completed prior to commencement of Development. The applicant shall be responsible
for all costs associated with the public involvement and notification process, including
County professional staff time, legal advertisements, and rental of facilities.
(8) Once finalized by the parties, the Agreement will be brought before the Collier
County Planning Commission for its review and recommendations. The Agreement and
recommendations of the Planning Commission will then be forwarded to the Board for
final consideration during a regularly scheduled Board meeting. No Proportionate Fair-
Share Agreement will be effective until approved by the Board.
(9) Any documents, plans or other information provided to the County as part of an
application or agreement for proportionate share, including but not limited to design
plans, shall at no cost to the County become the property of the County, regardless of
whether the application is approved or denied.
Section 75-203. Determining Proportionate Fair-Share Obligation.
(1) As provided in 9163.3180(16)(c), F.S., "Proportionate fair-share mitigation for
concurrency impacts includes, without limitation, separately or collectively, private funds,
contributions of land, and construction and contribution of facilities." Such mitigation
must relate to (a) transportation facilities or facility segments specifically identified for
funding in the 5-year schedule of capital improvements in the capital improvements
element of the local plan; (b) transportation facilities or facility segments specifically
identified for funding in the long-term concurrency management system, should the
County elect. in the future, to adopt a long-term concurrency management system; or (c)
those facilities or segments specifically reflected in the 5-year schedule of capital
improvements in the next regularly scheduled update of the capital improvements
element.
(2) As provided in ~ 163.3180(16)(c), F.S., a Development shall not be required to pay
more than its proportionate fair-share. The fair market value of the proportionate fair-
share mitigation for the impacted facilities shall not differ regardless of the method of
mitigation.
(3) The methodology used to calculate an applicant's proportionate fair-share
obligation shall be as provided for in ~163.3180(12), F.S., which states as follows:
"The cumulative number of trips from the proposed development expected to reach
roadways during the peak hour from the complete build out of a stage or phase
being approved, divided by the change in the peak hour maximum service volume
of roadways resulting from construction of an improvement necessary to maintain
the adopted level of service, multiplied by the construction cost, at the time of
developer payment, of the improvement necessary to maintain the adopted level of
service." "Construction cost" includes all associated costs of the improvement.
Page 4 of 8
More specifically:
420
Proportionate Fair-Share = I [(Development Trips; )/ (SV Increase;) x Costi]
Where:
Development Trips; = Those total project trips from the stage or pha~e of Development
under review that are assigned to roadway segment "j". Note:
Total project trips from the cumulative impacts of all phases of
Development shall be used to determine impacted roadway
segments, however mitigation will only be required from those
trips which have not previously obtained concurrency.
The total deveJopment trips on a segment may exclude project trips
for previous pha~es of a project if:
I. A Final Certificate of Concurrency was issued for that
phase of development prior to the effective date of the
Proportionate Fair-Share Program; and
2. The project trips for the previously approved phase(s)
significantly impacted the segment and were reserved in the
concurrency management system on the roadway segment.
SV Increase; =
Service volume increase provided by the eligible improvement to
roadway segment "j";
Cost; =
Adjusted cost of the improvement to segment "j". Cost shall
include all improvements and associated costs, such as design,
right-of-way acquisition, planning, engineering, inspection,
utilities, mitigation, project financing and physical development
costs directly associated with construction at the anticipated cost in
the year it will be incurred, including a 25% contingency. As set
forth below, costs will be adjusted to reflect the actual cost at time
of permitting.
(4) For the purposes of determining proportionate fair-share obligations, the County
will accept improvement costs based upon one of the following methods:
(a) Improvement costs based upon a certified and sealed engineer's cost estimate based
on the County's approved 60% plans. Such cost estimate will be consistent with the
unit bid costs of recent similar unit bid items for public projects, within Collier
County, and within the Jast twelve months. In the absence of a comparable Collier
County project within the last twelve months, the County may elect to accept bid costs
from an adjacent county or FDOT project. An inflation factor consistent with the
average localized increases reported within the last three years will be added to the
ba~e costs carried forward to the anticipated construction year. This cost estimate will
be reviewed for reasonableness and approved/disapproved by the County. If
disapproved, the grounds for the disapproval will be indicated to the applicant so that
a revised cost estimate may be resubmitted.
(b) Improvement costs based upon a certified and sealed engineer's cost estimate similar
to the development of "60 percent plans" for a project defined in a Proportionate Fair-
Share Agreement. The development of the estimate will follow the same procedures
the County would follow in the process of obtaining 60 percent plans including but
not limited to planning, design. right-of-way determination, mitigation, environmental
permitting review and public involvement. Such cost estimate will be consistent with
unit bid costs of recent similar unit bid items for public projects, within Collier
County, and within the ]a~t twelve months. In the absence of a comparable Collier
County project within the last twelve months, the County may elect to accept bid costs
from an adjacent county or FDOT project. An inflation factor consistent with the
average localized increases reported within the last three years will be added to the
base costs carried forward to the anticipated construction year. This cost estimate will
be reviewed for reasonableness and approved/disapproved by the County. If
Page 5 of 8
Aqenda Item No 8,A,
rJovember 14, 2 J06
Page 43 0 45
disapproved, the grounds for the disapproval will be indicated to the applicant so that
a revised cost estimate may be resubmitted,
(5) If the County has accepted right-of-way dedication for all or part of the
proportionate fair-share payment, credit for the dedication shall be valued at the appraised
fair market value as of the date of the application. Right-of-way that has been dedicated
as part of the mitigation for site access operational impacts shall not be credited for fair-
share calculations. The Developer shall reimburse the County its full expense in acquiring
the requisite independent appraisals, together with all expenses associated with the
dedication, including but not limited to surveying, legal, title and recording expenses.
(6) If the proposed Development applying for proportionate fair-share significantly
impacts one or more deficient segments in a Transportation Concurrency Management
Area (TCMA), and the TCMA does not meet the adopted level of service standard, the
method to calculate the proportionate fair-share shall be consistent with this Section.
Section 75-204. Impact Fee Credit for Proportionate Fair-Share Mitigation.
(1) Proportionate fair-share contributions shall be applied as a credit against impact
fees to the extent that all or a portion of the proportionate fair-share mitigation is used to
address the same capital infrastructure improvements contemplated by the County's
Impact Fee Ordinance.
(2) Impact fee credits for the proportionate fair-share contribution will be determined
when the transportation impact fee obligation is calculated for the proposed Development.
Impact fees owed by the applicant will be reduced per the Proportionate Fair-Share
Agreement as they become due per the County Impact Fee Ordinance. If the applicant's
proportionate fair-share obligation is less than the Development's anticipated road impact
fee for the specific stage or phase of Development under review, then the applicant or its
successor must pay the remaining impact fee amount to the County pursuant to the
requirements of the County Impact Fee Ordinance.
(3) The proportionate fair-share obligation is intended to mitigate the transportation
impacts of a proposed Development at a specific location. As a result, any road impact
fee credit based upon proportionate fair-share contributions for a proposed Development
cannot be transferred to any other location unless provided for within the Impact Fee
Ordinance.
(4) If the actual costs
associated with the improvement identified in the Proportionate Fair-Share Agreement are
less than that paid by the Developer, Developer shall be given a corresponding impact fee
credit. If the number of units set forth in the County certificate of concurrency approval
issued pursuant to the Proportionate Fair Share Agreement for the Development are
substantially completed, such that giving additional impact fee credits would be
insufficient, the County will refund this difference to the Developer. If the actual costs
associated with the improvement identified in the Proportionate Fair-Share Agreement are
greater than that paid by the Developer, then that difference will be deducted against any
impact fee credits previously granted for the Development. If the actual costs exceed the
impact fee credits previously granted for the Development, or if impact fee credits have
been utilized such that the remaining credits are insufficient to meet the increased actual
costs, then Developer shall have 90 calendar days from written demand by the County to
pay the difference to the County, failing which the County may withhold further
development orders, including permits and certificates of occupancy, for the
Development. This obligation shall run with the land.
Section 75-205. Proportionate Fair-Share Agreements.
(I) Upon execution of a Proportionate Fair-Share Agreement and receipt of payment,
the applicant shall receive a County certificate of concurrency approval.
(2) Unless expressly set forth otherwise in the Agreement. payment of the
proportionate fair-share contribution is due in full within 90 calendar days from the
County's approval of the Agreement, failing which on County's written notice to
Page 6 of 8
Developer, the Agreement shall be deemed terminated in all respects. Developer has no
right to cure this breach.
(3) The Agreement shall require the payment of the actual costs of improvements.
Should construction a~sociated with the Proportionate Fair-Share Agreement not occur
within one year of the adoption of the Agreement, the applicant on request shall provide
sufficient surety in the form of a bond or letter of credit that shall be held until all actual
costs have been determined and the facility is substantially completed.
(4) All Developer site related and off-site related improvements authorized under this
Ordinance must be completed prior to commencing Development.
(5) Dedication of necessary right-of-way for facility improvements pursuant to an
Agreement must be completed prior to issuance of the final development order or
recording of the final plat.
(6) Any requested change to a development project subsequent to a development order
may be subject to additional proportionate fair-share contributions to the extent the
change would generate additional traffic that would require mitigation.
(7) Applicants may submit a letter to withdraw from the Agreement at any time prior to
the execution of the Agreement. The application fee and any associated costs to the
County, including advertising, will be nonrefundable.
Section 75-206. Appropriation of Fair-Share Revenues.
(l) Proportionate fair-share revenues shall be placed in the appropriate project
account for funding of scheduled improvements in the County cm, or as otherwise
established in the terms of the Agreement. At the discretion of the County, proportionate
fair-share revenues may be used for operational improvements prior to construction of the
capacity project from which the proportionate fair-share revenues were derived.
Proportionate fair-share revenues may also be used as the 50% local match for funding
under the FDOT Transportation Regional Incentive Program (TRIP).
(2) In the event a scheduled facility improvement is removed from the CIE. then the
revenues collected for its construction may be applied toward the construction of another
improvement within that same corridor or sector that would mitigate the impacts of
development.
Section 75-207. Intergovernmental Coordination.
Pursuant to policies in the Intergovernmental Coordination Element of the County
comprehensive plan and applicable policies in Southwest Florida Regional Planning Council, the
County shall coordinate with affected jurisdictions, including FDOT. regarding mitigation to
impacted facilities not under the jurisdiction of the local government receiving the application for
proportionate fair-share mitigation. An interlocal agreement may be established with other
affected jurisdictions for this purpose.
Section 75-208. Alternative Agreements.
(l) A Developer who otherwise qualifies for the Proportionate Fair-Share Program
may. in lieu of entering into a Proportionate Fair-Share Agreement, offer in writing that
the County instead consider entering into (a) a Development Agreement pursuant to the
Florida Local Government Development Act; (b) a Developer Contribution Agreement as
set forth in ~74-205 of the Collier County Code of Laws and Ordinances; or (c) a
Developer Agreement pursuant to the County's Home Rule authority. The County shall
have 10 business days from receipt of this offer to respond. Nothing set forth herein shall
preclude Developer from initiating a Proportionate Fair-Share Program application should
the parties for any reason fail to enter into one of these alternative agreements.
(2) Should the parties agree to enter into a Development Agreement pursuant to the
Florida Local Government Development Act, they shall follow the process and procedure
set forth in Article IV of Chapter 106 of the Collier County Code of Laws and
Page 7 of 8
It;-srn 3L\
L, :J06
44 ':;.5
Agenda Item No. 8A
November 14, 2 )06
Page 45 0 45
Ordinances, with the exception that the Development Agreement pursuant to this
Ordinance may encompass all matters authorized by Sections 163.3220 - 163.3243, F.S.,
known as the Florida Local Government Development Agreement Act.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County, the more
restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application
thereof, shall be held invalid or unconstitutional by any court, administrative agency or other
body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or
phrases and their application shall not be affected thereby.
SECTION THREE: Inclusion in the code of laws and ordinances.
The provisions of this Ordinance shall become and made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of ,2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
Page 8 of 8
EXECUTIVE SUMMARY
l\genda Item No, 88
November 14, 2006
Page 1 of 43
~
Recommendation to approve a resolution updating the guidelines and procedures
for the submittal, review and approval of the Transportation Impact Statement
(TIS).
OBJECTIVE: To update the existing TIS guidelines in resolution (2003-410). The
purpose of the update is to improve the detail of information submitted for all applicable
development order applications, specifY methodologies, define thresholds of acceptable
impact and increase the emphasis on intersection operational analysis. The updated guide
also defines and quantifies acceptable mitigation.
I"""""
CONSIDERATIONS: A TIS is required for all applicable development order
applications. The ternl Development Order "DO" is defined in section 1.08.02 of the
Land Development Code (LDC). Any DO application that produces transportation
impacts or modifies existing traffic is required to quantifY those impacts to ensure
compliance with the Transportation Concurrency Management System (TCMS).
Additionally, the TIS looks at all health, safety and welfare operational impacts
associated with the proposed development. The original guidelines adopted through
resolution 2003-410 provided a sound foundation for evaluating traffic impacts and
established a tool to implement and manage the TCMS. Staff has received numerous
comments and recommendations from the various review boards on how the guidelines
can be improved to ensure that traffic from proposed development is accurately
accounted for and specific mitigation is achieved. The guide was updated with significant
emphasis on intersection analysis. The changes in the guide are also in response to SB-
360 and the subsequent mandate to adopt a "PropOliionate Share" ordinance.
The new guidelines were vetted through the Collier County Planning Commission, the
Development Services Advisory Committee and a stakeholders group of transportation
professionals that routinely submit TIS applications. Recommendations from all the
parties were incorporated into the updated guidelines. It must be noted that the
stakeholders group felt the requirements in the updated guidelines were stringent and the
detail of analysis went beyond their recommendations.
FISCAL IMPACT: The updated guideline includes a recommendation for a schedule
of fees that will be used to offset the maintenance of the TCMS and fund outside
consultant review fees. The implementation of the guide should also lower sufficiency
responses and provide the development community better customer service and faster
review periods thus lowering the fees associated with additional submittals.
GROWTH MANAGEMENT: The updated TIS guide is consistent with the
transportation element of the GMP and LDC.
RECOMMENDA TION: That the Board of County Commissioners approves the
attached Resolution implementing the updated Guidelines and Procedures for Traffic
Impact Statements.
1""""'"
Prepared by: Nick Casalanguida, Planning Manager. Transportation Planning
Department
Attachments: 1) Resolution, 2) Guidelines and Procedures for Traffic Impact Statements
lIem Number:
Item Summary:
Meeting Date:
item No. 88
14.2006
P3~W :;' of 43
COLLIER COUNTY
BOARD OF COUN1Y COMMISSIONERS
88
Recommendation to approve a resolution updallng tt1e gUldelinE:s and procedures for the
submittal, reVlev,/ and approvai of thE: Transporlalior Impact Statement iTIS)
11/14/200690000 AM
Date
Approved By
Nick Casalanguida
Transportation Services
Project Manager
Transportation Planning
10/30120068:03 AM
Approved By
Principal Planner
Date
Phill Tindall
Transportation Services
1 ransportation Planning
101301200610:17 AM
Approved By
Transportation Planning Director
Date
Donald L. Scott
Transportation Services
Transportation Planning
101301200610:18 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmontal Services
Community Development &
Environmental Services Admlnstrator
Date
Community Development &
Environmental Servlcos Admin.
1013012006 1 :35 PM
Approved By
A.ss\stzmt County Attorney
Date
Jeff Klatzl-'.ow
County AHerne)'
County Attorney Office
10/30/200C 2:44 PM
lranspcn:<ltion Dlvislonb..dffllnt~>,tr<n0r
Datc
Approved By
Noril1 L Feeler, {\Ie?
Tr;;nSfJ('rt.ltion Se"vice!o>
TnmSl)(}:i;ation Service'::, J;,Gn1ln
10:30/2008 3:2:~ Df!
;i,CG(iUflt'119 S~HJ~fV!Sot
D~lt0
A pproved By
,('.I', '.pc.r.tiltion S,!rVi~:t'l;,
1ra[1:;p()rt,;ti~w :,0rVlce:~ ;\nJnln
1 'ii1:ZUDC
f"M
E)(0Cuil\!~:: Secretary
Date
A ppro\'ed R)
PZ1t LchniHlr<i
TrnnSP0itJ.tlon ServicC's
rr(J.n~p(Jrtntlon Snvic(:~:, J~_dmin
1 :27 PIV!
:~,dmlnistrZlt!lJe J\sslstZint
Date
Approved By
OMS Cocrdmator
County ~\.ltarH'1ge(s OfficE-
Office 0' Manage.ment 8< :judget
l1i2,':'DO(; 11;5SAM
Approved By
Date
r~':,::rh !s~cks:-n
County Manager's Office
!,"julj~Jet ;:'na!yst
Dfficf: of ~',;m2gemenf & 8ud9t'O'l
.. 1 t3f2UClG 3: ::; f. flf'
County t>i,anwJer
[lot,:;
A p p roved By
,J:tl11e~ \/ Mudd
BC,Hd of County
Comni'~;~" tone:-::,
Count~1 M~ndge(s ';)ffice
: 1/7/200e 5.24 PM
/I.genda ITem !\jo. 88
r~overnber 14. 2006
Page 3 of 43
Lanes, Volumes, Timings
4: Univ Pkwv & US 41
..J- -+ ... of .....-- '- "\ t ~ \.. + .;
Lane Gr'ciu ESL EST EBR . WBL WBT WBR' ... NBC SST SBR
Lane Configurations li ... ." ~ ...t ." li +t.. lili +t..
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Leading Detector (ft) 50 50 50 50 50 50 50 50 50 50
Trailing Detector (ft) 0 0 0 0 0 0 0 0 0 0
Turning Speed (mph) 15 9 15 9 15 9 15 9
Lane UtiL Factor 1.00 1.00 1.00 0.95 0.95 1.00 1.00 0.95 0.95 0.97 0.95 0.95
Frt 0.850 0.850 0.961 0.995
Fit Protected 0.950 0.950 0.966 0.950 0.950
Satd. Flow (prot) 1770 1863 1583 1681 1709 1583 1770 3401 0 3433 3522 0
Fit Permitted 0950 0.950 0.966 0.950 0.950
Satd. Flow (perm) 1770 1863 1583 1681 1709 1583 1770 3401 0 3433 3522 0
Right Turn on Red Yes Yes Yes Yes
Satd. Flow (RTOR) 9 286 36 4
Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Link Speed (mph) 30 45 45 45
Link Distance (ft) 682 738 985 875
Travel Time (s) 15.5 11.2 14.9 13.3
Volume (vph) 52 75 19 482 85 836 25 1048 364 945 1772 66
Peak Hour Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Adj. Flow (vph) 52 75 19 482 85 836 25 1048 364 945 1772 66
Lane Group Flow (vph) 52 75 19 276 291 836 25 1412 0 945 1838 0
Turn Type Split pt+ov Split pt+ov Prot Prot
Protected Phases 2 2 23 6 6 67 3 8 7 4
Permitted Phases
Detector Phases 2 2 23 6 6 67 3 8 7 4
Minimum Initial (s) 7.0 7.0 10.0 10.0 7.0 20.0 7.0 20.0
Minimum Split (s) 31.0 31.0 26.0 26.0 130 41.7 13.0 41.7
Total Split (s) 32.0 32.0 45.0 26.0 26.0 59.0 130 54.0 0.0 33.0 74.0 0.0
Total Split (%) 22.1% 22.1% 31.0% 17.9% 17.9% 40.7% 9.0% 37.2% 0.0% 22.8% 51.0% 0.0%
Maximum Green (s) 26.0 26.0 20.0 20.0 7.0 47.3 270 67.3
Yellow Time (s) 4.5 4.5 4.5 4.5 4.5 4.5 4.5 4.5
All-Red Time (s) 1.5 1.5 1.5 1.5 1.5 2.2 1.5 2.2
Lead/Lag Lead Lag Lead Lag
Lead-La9 Optimize? Yes Yes Yes Yes
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Recall Mode Mtn Mln Min Mtn None None None None
Walk Time (s) 7.0 7.0 7.0 7.0
Flash Don! Walk (s) 18.0 18.0 28.0 28.0
Pedestrian Calls (#/hr) 0 0 0 0
Act Effct Green (s) 12.6 12.6 21.8 22.0 22.0 55.0 9.0 50.0 29.0 75.3
Actuated glC Ratio 0.10 0.10 0.16 0.17 0.17 0.42 007 0.39 0.22 0.58
vie Ratio 0.30 0.41 0.07 0.97 1.00 1.00 0.21 1.06 1.23 0.90
Control Delay 58.8 61.8 18.7 992 107.6 56.2 63.2 79.6 157.4 32.5
Queue Delay 00 0.0 0.0 00 0.0 0.0 00 00 0.0 0.0
Total Delay 58.8 61.8 18.7 99.2 107.6 56.2 63.2 79.6 157.4 32.5
LOS E E B F F E E E F C
Approach Delay 55.1 75.3 79.3 74.9
Approach LOS E E E E
Queue Length 50th (it) 41 60 5 245 -261 530 20 -673 -504 750
Queue Length 95th (it) 84 111 21 #451 #478 #868 52 #859 #663 #1008
Internal Link Dist (ft) 602 658 905 795
Turn Bay Length (ft)
Base Capacity (vph) 342 360 398 285 290 836 118 1333 768 2048
Starvation Cap Reductn 0 0 0 0 0 0 0 0 0 0
Spillback Cap Reductn 0 0 0 0 0 0 0 0 0 0
Storage Cap Reductn 0 0 0 0 0 0 0 0 0 0
Reduced v/c Ratio 0.15 0.21 0.05 0.97 1.00 1.00 0.21 1.06 1.23 0.90
Intersection Summary
Area Type: Other
Cycle Length: 145
Actuated Cycle Length: 129.7
Natural Cycle: 145
Control Type: Actuated-Uncoordinated
Maximum vlc RatiO: 1.23
Intersection Signal Delay: 75.6 Intersection LOS: E
Intersection Capacity Utilization 108.2% ICU Level of Service G
Analysis Period (min) 15
- Volume exceeds capacity, queue IS theoretically infinite.
Queue shown is maximum after two cycles.
2010am_Univ Pkwy & US 41.sy7 Synchro 6 Report
Page 1
CH2M Hill
I\genda Item 1\]0, 88
November 14, 2006
Page 4 of 43
Lanes, Volumes, Timings
4: Univ Pkwy& US 41
# 95th percentile volume exceeds capacity, queue may be longer.
Queue shown is maximum after two cycles.
20iOam_Univ Pkwy & US 41 ,sy7
Synchro 6 Report
Page 2
CH2M Hill
,L,oenda Item r~CJ. 88
!Jov8l'nber 14,2006
Page 5 of 43
HCM Unsignalized Intersection Capacity Analysis
26: Univ Pkwv & Shade Av
/- " .f +- "- "" t I" \. + .;
........
rvfove-menl ". ESL EST ESR WSt.: WST WBR NBL NBT'- .NBRi: "'SBC ;;';-SB1.... -SBR
Lane Configurations "" +.+.t.. 'IIi +'+.t.. ..t.. ..t..
Sign Control Free Free Stop Stop
Grade 0% 0% 0% 0%
Volume (veh/h) 54 2282 11 63 2599 111 5 0 47 30 0 21
Peak Hour Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Hourly flow rate (vph) 54 2282 11 63 2599 111 5 0 47 30 0 21
Pedestrians
Lane Width (It)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
Upstream signal (ft)
pX, platoon unbiocked
vC, confiicting volume 2710 2293 3409 5232 766 3696 5182 922
vC 1, stage 1 conf vol
vC2, stage 2 conf voi
vCu, unblocked voi 2710 2293 3409 5232 766 3696 5182 922
tC, single (s) 4.1 4.1 7.5 6.5 6.9 7.5 6.5 6.9
tC, 2 stage (s)
tF (s) 2.2 2.2 3.5 4.0 3.3 3.5 4.0 3.3
pO queue free % 63 71 0 100 86 0 100 92
eM capacity (veh/h) 148 217 1 0 345 1 0 272
Direction, Lane # EB 1 EB 2 EB 3 EB 4 WB1 WB2 WB3 WB4 NB 1 SB 1
Volume Total 54 913 913 467 63 1040 1040 631 52 51
Volume Left 54 0 0 0 63 0 0 0 5 30
Volume Right 0 0 0 11 0 0 0 111 47 21
cSH 148 1700 1700 1700 217 1700 1700 1700 15 1
Volume to Capacity 0.37 0.54 0.54 0.27 0.29 0.61 0.61 0.37 3.56 37.33
Queue Length 95th (ft) 38 0 0 0 29 0 0 0 Err Err
Control Delay (s) 427 0.0 00 0.0 28.3 0.0 0.0 0.0 Err Err
Lane LOS E D F F
Approach Delay (s) 1.0 0.6 Err Err
Approach LOS F F
Intersection Summary
Average Delay 198.0
Intersection Capacity Utilization 69.0% ICU Level of Service C
Analysis Penod (min) 15
2010am_Univ Pkwy & Shade Av.sy7
Synchro 6 Report
Page 3
CH2M Hill
Aqenda Item No. 88
~~-ovember 14. 2006
Page 6 of 43
Page 1 of 2
SHORT REPORT
General Information Site Information
Analyst Intersection Univ Pkwy & US 41
Agency or Co. 2005AM _ Existing Conditions Area Type All other areas
Date Performed 12/29/2005 Jurisdiction
Time Period 5:00 pm Analysis Year
Volume and TiminQ Input
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TH RT
Num. of Lanes 1 1 1 1 1 1 1 2 0 2 2 0
Lane group L T R L LT R L TR L TR
!Volume (vph) 52 75 19 482 85 836 25 1048 364 945 1772 66
% Heavy veh 2 2 2 2 2 2 2 2 2 2 2 2
PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95
lActuated (PIA) A A A A A A A A A A A A
Startup lost time 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0
Ext. eff. areen 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.7 4.0 4.7
Arrival tvpe 3 3 3 3 3 3 3 3 3 3
Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Ped/Bike/RTOR Volume 0 0 8 0 167 0 0 22 0 0 2
Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0 12.0
Parki ng/G rade/Parki ng N 0 N N 0 N N 0 N N 0 N
Parking/hr
Bus stops/hr 0 0 0 0 0 0 0 0 0 0
Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Phasing EB Only WB Onlv 03 04 Excl. Left SB Only Thru & RT 08
Timing G = 10.6 G = 20.0 G= G= G = 4.1 G = 16.9 G = 49.7 G=
Y= 6 y = 6 y= y- y = 6 y= 6 Y = 6.7 y=
Duration of Analysis (hrs = 0.25 Cycle Lenath C = 132.0
Lane Group Capacity, Control Dela), and LOS Determination
EB WB NB SB
Adj. flow rate 55 79 12 289 307 704 26 1463 995 1932
Lane group cap. 169 178 224 295 300 660 82 1356 755 2013
vIe ratio 0.33 0.44 0.05 0.98 1.02 1.07 0.32 1.08 1.32 0.96
Green ratio 0.10 0.10 0.14 0.17 0.17 0.42 0.05 0.40 0.22 0.57
Unit. delay d1 55.7 56.4 49.0 54.8 55.0 38.5 60.9 39.8 51.5 26.9
Delay factor k 0.11 0.11 0.11 0.48 0.50 0.50 0.11 0.50 0.50 0.47
Increm. delay d2 1.1 1.8 0.1 46.7 58.1 54.2 2.2 48.7 152.3 12.0
PF factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000
Control delay 56.9 58.2 49.1 101.4 113.1 92.7 63.2 88.5 203.8 38.9
Lane group LOS E E 0 F F F E F F 0
Apprch. delay 56.9 99.4 88.1 95.0
Approach LOS E F F F
Intersec. delay 93.3 Intersection LOS F
HCS2IJIJO™
Copyright!Q 2000 University of Florida. All Rights Reserved
Version 4.1 f
!j9m l\jo. 88
14. 2Ci06
F)aae 7 of 43
Page 2 of2
BACK-OF-QUEUE WORKSHEET
General Information
Project Description
Averaae Back of Queue
EB WB NB SB
LT TH RT LT TH RT LT TH RT LT TH RT
Lane group L T R L LT R L TR L TR
Init. queue/lane 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Flow rate/lane 55 79 12 289 307 704 26 1463 995 1932
Satflow per lane 1770 1863 1583 1770 1799 1583 1770 1794 1770 1852
Capacity/lane 169 178 224 295 300 660 82 1356 755 2013
Flow ratio 0.03 0.04 0.01 0.16 0.17 0.44 0.01 0.43 0.29 0.55
v/c ratio 0.33 0.44 0.05 0.98 1.02 1.07 0.32 1.08 1.32 0.96
I factor 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000
Arrival type 3 3 3 3 3 3 3 3 3 3
Platoon ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
PF factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Q1 1.9 2.7 0.4 10.6 11.3 25.8 0.9 28.2 18.8 35.3
ks 0.3 0.3 0.4 0.4 0.4 0.7 0.2 0.7 0.5 0.9
Q2 0.1 0.2 0.0 3.5 4.5 10.9 0.1 12.5 17.3 8.3
Q avg. 2.0 3.0 0.4 14.1 15.7 36.8 1.0 40.6 36.1 43.6
Percentile Back of Queue (95th percentile)
B% 2.0 2.0 2.1 1.8 1.8 1.6 2.1 1.6 1.6 1.6
BOQ,Q% 4.1 6.0 0.8 25.0 27.5 58.0 2.1 63.5 57.1 67.7
Queue Storage Ratio
Q spacing 25.0 25.0 25.0 25.0 25.0 25.0 25.0 25.0 25.0 25.0
Q storage 50 0 0 0 0 0 300 0 650 0
Avg.RQ 1.0 0.1 1.4
95% RQ% 2.1 0.2 2.2
HCS211110T\1
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.L\genda item I\b, 88
r~ovember 14, 2006
Page 11 of43
BlE 2.ADOPTED TRAFFIC FACTORS
SR 82 Corridor Access Management Plan
Time Period
Description Factors 5/2/2004 - 5/9/2004 - 5/16/2004 - 5/23/2004 -
5/8/2004 5/15/2004 5/22/2004 5/29/2004
2004 Seasonal Factors
Lee County (SR 82) PSCF(1) 1,04 1,05 1,07 1,10
SF (2) 0,98 0.99 1.01 1.03
Collier County (Countywide) PSCF(1) 1.09 1.11 1,13 1.15
SF (2) 0.96 0,98 0.99 1.01
2004 Axle Correction Factors
Lee County 1-75 to CR 884 0,94
CR 884 to Alabama Rd 0.93
Alabama Rd to Hendry County Line 0.89
Collier County Hendry County Line to SR 29 0.89
2004 K. D and T Factors
Daily Truck Peak Hr FDOT
Description K30 D30 Truck Count
T24 Tf (T24/2) Site
Lee County
SR 82 between 1-75 and Buckingham Rd 10.02 55.13 15.32 7.66 120064 (3)
SR 82 between Buckingham Rd and Colonial Blvd 10,02 55,13 9.91 4.96 120021 (3)
SR 82 between Colonial Blvd and Gunnery Rd 10.02 55.13 8.70 4.35 120077 (3)
SR 82 between Gunnery Rd and Alabama Road 10,02 55,13 10.25 5.13 120101 (3)
SR 82 between Alabama Road and Bell Blvd 10.02 55,13 18.91 9.46 120068 (3)
Collier County
SR 82 between Bell Blvd and South Church Road 10.47 54.99 9.45 4,73 030183 (3)
SR 82 between South Church Road and SR 29 10.47 54.99 18.64 9,32 030200 (4)
SR 29 south of SR 82 10.47 54.99 14.00 7,00 030143 (4)
(1) PSCF = Peak Season Conversion Factor
(3) Prior Year Data (4) Actual Data
Source: 2004 Traffic Information CD
(2) SF = Seasonal Factor
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Page 16 of 43
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SITE IMPACT HANDBOOK
When considering pass-by trips, the distribution of
driveway volumes may change and be related to the
street traffic, The analysis of pass-by trips should
occur in two steps: (I) determine the number of new
trips and pass-by trips for the site, then (2) assign the
pass-by trips in proportion to the street traffic and the
driveways and then assign the new trips in accordance
with standard trip distribution procedures.
The pass-by trips estimated in the trip generation step
are preliminary. Final pass-by trips are estimated
following assignment when the number of pass-by trips
considered can be compared with the total traffic on the
facility.
In general, the number of pass-by trips should not
exceed 10 percent of the adjacent street traffic
during the peak hour or 25 percent of the project's
external trip generating potential.
Diverted trips, like pass-by trips, are not new to the
system overall; however, diVCl1cd trips arc now
utilizing a segment of the transportation system that
they previously were not using to access the proposed
development site. The new roads a divclied trip uses
mayor may not have direct access to the proposed
development site, Facilities that receive diverted trips
may require analysis of the impacts of the development
trips, An example of a diverted trip is provided on
Figure 21.
With diverted trips, the total driveway volumes
are not reduced. Diverted trips are counted as new
trips where they travel on segments required to
reach the site where they previously did not travel.
] TE proposes the following methodology for estimating
the percent of pass-by and diverted trips,
Nph= p(VOLp/)
ND= p(VOLD)
Where:
p = probability of a driver already in the traffic stream.
stopping at the generator, O?:.p ?:. ]
VOLob = volume available to produce pass-by trips
VOLl) = volume on other streets avai]able to produce
divel1ed trips
Unit III - Standard Site Impact Review Procedures
A verage daily pass-by trip percentages trip and diverted
trip percentages are provided as a function ofGLA and
average daily traffic on the adjacent roadways for
several shopping centers in ITE's Trip Generation for
shopping centers (lTE: Trip Generation, p. ]-24-36).
Peak-hour percentages are suggested to be ] 0 percent
less than these daily percentages,
The percentage of pass-by trips in the PM peak hour
for shopping centers is provided in Figure VIJ-IA and
using the following equation in ITE's Trip Generation.
Ln (Pps) = -0.341 Ln (X) + 5.376
Where:
P PB = percent pass-by
X = ] ,000 GLA of shopping center
The PM peak-hour, pass-by trip percentages are usually
10 percent greater than in other times during day, (lTE:
Trip Generation, p, ]-23),
In all cases, pass-by and diverted tn-ip rates must
be justified by the applicant and approved by the
Department prior to use.
When retail land uses are involved with a mixed-use
development that attracts pass-by traffic, each land use
must be analyzed separately using the following
procedure:
1, Estimate the peak-hour, pass-by trip percentage for
each retail parcel (shopping centers, convenience
store, gas station, etc.) within the development.
lTE's Trip Generation (page 1-21) provides
guidance on this step. The estimated pass-by tnp
percentage depends on the retail site's square
footage.
2, Some of the pass-by trips will likely proceed to (or
come from) other proposed development project
land uses for their primary destinations, These
trips cannot be claimed as pass-by trips to be
reduced tram total project trip generation because
they are new trips generated by the project. Trips
between the commercial parcel and other project
land uses are internal trips.
-....
58
Step 4: Trip Generation
Aoenda Item No. 88
N-overnber 14, 2006
Page 18 of 43
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Figure 5.2 Application of Pass-By Trips
32 ITIE III Trip Generation Handbook, 2nd Edition Chapter 5
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~~ovember 14, 2006
Page 20 of 43
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FJage 21 of 43
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Type of peak hour be'ng reported: Imersedion Peak
INTERSECTION: Brow.reI SI-US...11
WEATHER:
.
Agenda Item No, 88
November 14, 2006
Page 22 of 43
Method f()l' determining peak hour: Total Entenng Volumo
QC JOEl II: 1131771131
DATE: 6/28/213136
[ US,-41 I
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o 4 85 0 0 0 80 16 0 195
o 6 80 0 0 0 80 28 a 204
o 7 70 0 1 0 69 17 0 181
o 16 93 0 1 0 86 0 1 216
o 6 78 0 0 0 83 12 0 195
o 8 69 0 0 0 76 16 0 187
o 15 100 0 1 0 78 16 1 <28
o 3 85 0 2 0 80 17 1 202
o 4 65 0 0 0 71 8 2 165
o 8 85 0 0 0 80 13 2 207 2399
o 13 86 0 0 0 71 9 0 201 2388
o 5 77 0 1 0 03 14 0 205 2386
o 15 110 0 0 0 74 24 2 244 2435
o 11 106 0 2 0 82 9 0 226 2457
o 13 11 ~ U U 0 \JU ;;3 (I <55 2531
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o 12 88 0 1 0 67 19 1 210 2576
a 6 76 0 1 0 70 20 0 2130 2548
o 0 87 0 :: 0 68 13 0 189 2635
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tqenda item No. 88
r~-ovember 14,2006
23 of 43
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Agenda Item No. 8B
November 14, 2006
Pa;]e 24 of 43
When To Use Approach Counts to Develop Intersection TMCs
Approach Counts Needed to
Check Intersection TMCs
Yes
No
Conduct Approach Counts on
All Approaches (1)
Identify Intersection
Improvements to Improve
Existing Operations
Identify Intersection
Improvements for Future
Conditions
Residual Queues
Observed for Intersection
Movements
No Need to Conduct
Approach Counts
Yes
No
Conduct Approach Counts
on Approaches With
Residual Queues (1)
No Need to Conduct
Approach Counts
(1) The approach volume for the peak hour of the intersection should be used to develop approach turning movement
volumes based on the approach turning movement percentages, This should be done for approaches with residual
queue build-up during peak hours, The approach count machines should be placed at a location where the queues
would not extend past the count machines,
Aaenda Item r\jo. 88
rJov8i1lber 14. 2006
Page 25 of 43
Project: Barefoot Plaza
Location: Collier County
Date: 7/10/2006
Analyst: KHA
Notes:
Line Month
1
2
3
4
5
6
7
8
9
10
Volume Source #1: US 41 east of Rattlesnake Hammock Road
Volume Soruce #2:
Volume Source #3:
Volume Source #4:
Volume Source #5:
Volume Volume Volume Volume Volume Average
Year Source #1 Source #2 Source #3 Source #4 Source #5 Volume
2004 37973 27758 32866
2003 36199 27069 31634
2002 36301 26082 31192
INPUT DATA OUTPUT DATA
Aggregate Best Fit
Traffic Volume
Line Month Year Volume Line Month Year Trend
1 1
2 2004 32866 2 2004 32734
3 2003 31634 3 2003 31897
4 2002 31192 4 2002 31060
5 5
6 6
7 7
8 8
9 9
10 10
Exponential
Growth Rate: I 2.66% I
Future == Existing (1 +Growth)^N
Slope:
Intercept:
R2:
Standard Error:
_ -'~.._--._---,~~--------- ~-~~'-~--I
I
Growth Rate
40,000,--- ----,--
---~----'-~----~-'-'------.
,
837
-1644614
0,931
322
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-----,.-.-----~.---.----~-..---.----...-..--.-~~______1
Linear
Growth Rate: I 2.69% I
Future == Existing (1 +Growth*N)
20,000 ---------,--
2002
2004
2003
Year
----_.._~._-_._._-~-~-_.~
Agenda Item t\!o, 88
November 14, 2006
Page 26 of 43
I NTERSECTI ON TRAFFI C VOLUME DEVELOPMENT
u.s. 41 & Broward Street
TRAFFIC CONTROL:
COUNT DATE:
TIME PERIOD:
PEAK HOUR FACTOR:
Signalized
June 28, 2006
4:55 p.m. - 5:55 p.m.
0.89
2006 PEAK-SEASON VOLUMES
"EXISTING TRAFFIC"
Raw Turning Movement Counts
Peak-Season Correction Factor
"NON-PROJECT TRAFFIC"
TOTAL VESTED TRAFFIC
EBL
o
EBT EBR WBL WBT WBR
14371~ 0
NBL NBT
1==1
NBR
I
SBL
I 0
SBT SBR
1==10
Years To Buildout (2009) 3 3 3 3 3 3
I Yearly Growth Rate 2,0% 2,0% 20% 20% 2,0% 2.0%
I BACKGROUND TRAFFIC GROWTH 10 83 70 15 9 6
2009 NON-PROJECT TRAFFIC
"PROJECT TRAFFIC"
LAND U.S.E TYPE EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Barefoot Plaza \ pa~:~BY I \ I H=d I H \~
14 5
TOTAL PROJECT TRAFFIC 0 I 14 LJ 51 5 I I I C=1 0
"TOTAL TRAFFIC" EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
2009 TOl AL TRAFFIC 175 1,882 I I 11,701 I 258 I I I I 164 c=J 104
RESOLUTION NO. 2006-_
A RESOLUTION OF THE BOARD OF CO Ul'1 TY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
RESCIND AND SUPERSEDE RESOLUTION NO. 2003-410 AND
TO ADOPT UPDATED STANDARD TRAFFIC IMPACT
STATEMENT PROCEDURES AND GUIDELINES FOR THE
REVIEW OF PROPOSED DEVELOPMENT IN COLLIER
COUNTY.
WHEREAS, the Collier County Land Development Code (LDC) requires that
roadways be planned and constructed so as to provide adequate public facilities; and
WHEREAS, there are numerous references within the LDC referring to
minimum requirements for roadways and streets; and
WHEREAS, the Transportation Planning Department's Development Review
Section is charged with assuring that all proposed new development will adequately
address the roadway needs of Collier County; and
WHEREAS, the implementation of a standard fonnat, along with defined
criteria for the preparation of Traffic Impact Statements is in the public interest; and
WHEREAS, on November I R. 2003, the Board of County Commissioners
adopted Resolution No. 2003-410, which set forth Collier County's CUITent Procedures
and Guidelines for Traffic Impact Studies: and
WHEREAS, the Collier County Planning Commission and the Board of County
Commissioners has requested more detailed AM and PM traffic analysis as well as
intersection analysis: and
WH EREAS, the Transportation Planning Department's Development Review
Section has identified improved methods and criteria to provide a more accurate and
detailed review of transportation impacts from proposed development.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU.'\TY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Procedures and
Guidelines for Traffic Impact Studies set forth in Exhibit "A", attached hereto and made
a part hereof, is hereby authorized for implementation and shall be used for the
preparation of all Traffic Impact Statements required by the LDe.
THIS RESOLUTIO.'\ ADOPTED after motion, second and majority vote in
favor of adoption this ~ day of , 2006,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
Deputy Clerk
Approved as to fonTI
and legal sufficiency:
Jeffi-ey A, KJatzkow
Assistant County Attorney
,!l.qenda Item No. 88
~~.ovember 14. 2006
Page 27 of 43
PURPOSE AND APPLICABILITY
Agenda Item No, 8B
~'.!ovember 14. 2006
Page 28 of 43
The purpose of the traffic impact study (TIS) is to quantify the potential traffic impacts, ensure compliance
with the transportation concurrency requirements consistent with the comprehensive plan and identify site
related operational deficiencies that impact the health, safety and welfare of the traveling public. The TIS
shall also, where applicable, analyze access points, median openings and intersections significantly
impacted by the development on the transportation system and develop mitigation strategies to offset the
impacts according to the methodologies and provisions as described herein. These guidelines are in
addition to the requirements of the access-management regulations and in the event of any conflict between
these guidelines and such regulations, the more stringent requirements shall apply. The TIS is required for
all applications for:
. Comprehensive Plan Amendments
. All zoning changes including DRIs
. Site Development Plans
. Subdivisions/Platting
. All development applications that produce additional traffic or modifies existing traffic
(Excluding applications for building permits)
1. METHODOLOGY STATEMENT
Prior to conducting any study, a methodology statement shall be prepared by the applicant and
submitted for review and approval by the County I . The purpose of the methodology statement is to
establish agreed upon methodologies and assumptions prior to the start of the study. A methodology
statement shall be prepared using the guidelines provided in the following paragraphs. The
methodology statement will be first reviewed by a County representative, if necessary, through a
methodology meeting with the applicant's consultant. The applicant's consultant will then revise the
statement based upon agreed methodologies. The applicant shall ensure the consultant does not
prepare a traffic study without an approved methodology statement signed by the appropriate County
representative. The applicant shall be required to pay the applicable fee with the submittal of the
methodology statement and prior to the review of the TIS, the applicant shall pay any additional fees
due based on the schedule of fees as set forth in EXHIBIT "A".
2. APPLICANT AND REVIEWER QUALIFICATIONS
All Traffic Impact Studies (TIS) are to be prepared by a transportation professional with training and
experience in traffic analysis and transportation planning.
All Traffic Impact Studies (TIS) are to be reviewed by staff or consultants of the Collier County
Transportation Development Review Team (TORT) with training and experience in traffic analysis
and transportation planning,
1 Any reference to the "County" m these guidelines shall mean the County or its consultants, contractors, or
employees, as applicable.
- 1 -
3.
A.aenda item ~~o, 88
N~ovell1ber 14. 2006
Page 29 of 43
REVIEW FEES AND STUDY CLASSIFICATIONS
An applicable consultant review fee in accordance with the schedule set forth in Exhibit A shall be
paid to the appropriate County department, along with a minimum of four copies of the TIS and
methodology statement. Transportation studies will be classified and considered under the following
criteria. The Criteria is meant to be used as a guide but in no way prohibits the county from requiring
additional study information on a case by case basis.
1. Small Scale Study
(NO SIGNIFICANT OPERATIONAL OR ROADWAY IMPACTS)
CRITERIA
· The project generates less than 50 net new total 2-way AM and less than 50 net new total 2-
way PM peak hour trips, and
· The access point to the adjacent roadway network does not require modification inside the
Right-Of-Way above a standard driveway connection. (No turn lanes or median
modifications), and
· The project is a stand alone project and not part of a larger development, and
· If the project uses a shared access point, the addition of the project traffic does not trigger
any operational deficiencies or additional work within the right-of-way.
Small scale studies shall provide a trip generation and distribution consistent with the TIS guidelines.
The study shall provide this graphically and in a table format. The study shall use the data from the
latest County adopted conculTency and ALJIR tables to demonstrate that the project will not generate
significant impacts, as defined by Section 8 of the TIS Guidelines, on the roadway network and that
the project does not directly access a roadway that is cUlTently operating above 110% of the adopted
service volume capacity or will exceed I 10'% of the adopted service capacity with the addition of the
proposed project trips. The table shall include the existing roadway capacity, back,!:,Tround traffic, trip
bank, project trips and subsequent remaining capacity for each impacted segment as stipulated by
Section 9 of the TIS Guidelines, For new access points the study shall define the access class if
applicable and demonstrate compliance with the access class guidelines. Please refer to EXHIBIT
"Small Scale Study" as a guideline for this application.
- 2 -
Agenda Item No. 88
November 14, 2006
Page 30 of 43
2. Minor Study
(NO SIGNIFICANT OPERATIONAL IMPACTS WITH MINIMAL ROADWAY
IMPACTS AND WORK WITHIN THE COUNTY RIGHT-OF-WAY)
CRITERIA
· The project does not satisfy ALL of the criteria for a Small Scale Study.
· The project generates fewer than 100 net new total 2-way AM or fewer than 100 net new
total 2-way PM peak hour trips and less than 2% of adopted LOS service volume on the
roadway segment(s) it directly accesses, and
· The access point to the adjacent roadway network may not require modifications inside the
right-of-way beyond the scope of turn lanes and median modifications, and
· If the project uses a shared access point and the addition of the project traffic, based on the
applicable analysis scenario, does trigger or cause operational deficiencies or require
additional work within the right-of-way, and
· The only mitigation required is ingress and ef,Tfess turn lane(s) and median modifications,
and
· No impacted major intersections, as defined by Section 8.b herein, are cun-ently failing or
expected to fail with the addition of the project traffic
Minor studies shall provide a trip generation and distribution consistent with the TIS guidelines. The
study shall provide this graphically and in a table format. The study shall use the data from the latest
County adopted concurrency and AUIR tables to show that the significantly impacted roadway
network, as determined by the study trip generation and distribution, has sufficient capacity. The
table shall include, as appropriate, the existing roadway capacity, background traffic, trip bank,
project trips and subsequent remaining capacity for each impacted roadway as required by Section 9
of the TIS Guidelines. For new access points the study shall define the access class if applicable and
demonstrate compliance with the access class guidelines. The study shall provide detailed PM, and
when requested AM, analysis and conclusions consistent with this guide, the land development code,
and the most recently approved right-of-way ordinance that all modifications in the right-of-way
provide safe ingress and egress including but not limited to turn lane analysis. Please refer to the
EXHIBITS as referenced throughout this document as a guideline for this submittal.
- 3 -
,Li,qenda item No. 86
i.Jovember 14. 2006
Page 31 of 43
3. l\1ajor Study
(SIGNIFICANT ROADWAY AND/OR OPERATIONAL IMPACTS)
CRITERIA
. The project does not satisfy ALL of the criteria established for either a Small Scale or
Minor Study. (ie. the project generates more than 100 net new total 2-way AM or PM peak
hour trips, the project significantly impacts one or more roadway facilities or causes them
to become deficient, or the project requires access management improvements and
intersection improvements above and beyond turn lanes and/or median modification)
Major studies shall provide a trip generation and distribution consistent with the TIS guidelines. The
study shall provide this graphically and in a table fonnat. The study shall determine using the data
from the latest County adopted conCUITency and AUIR tables whether the significantly impacted
roadway network, as detennined by the study trip generation and distribution has sufficient capacity.
The table shall include the existing roadway capacity, background traffic, trip bank, project trips and
subsequent remaining capacity for each impacted roadway as required by Section 9 of the TIS
Guidelines. For new access points the study shall define the access class if applicable and
demonstrate compliance with the access class guidelines. The study shall provide detailed AM and
PM analysis and conclusions consistent with this guide and the most recently approved right-of-way
ordinance that all modifications in the right-of-way provide safe ingress and egress including but not
limited to turn lane analysis. roadway analysis and intersection analysis. Please refer to the
EXHIBITS as referenced throughout this document as a guideline for this submittal. If the Major
Study identifies capacity or traffic operations deficiencies. the applicant may eject, by way of their
TIS study submittal, to propose mitigation strategies and demonstrate the effectiveness of those
strategies at resolving the deficiencies.
4. TRIP GENERATION
The trips fromlto the site shall be estimated using the latest Institute of Transportation Engineers
(ITE) Trip Generation publication or other rates as requested and/or approved by the County. An
example of trip generation is shown in Exhibit 4A. In selecting between Trip Generation Average
Rates and Equation, ITE guidelines as depicted in Figure 3.1 page 10 of the ITE Trip Generation
Handbook should be followed. Figure 3.1 has been reproduced as Exhibit 4B. If the county and the
applicant cannot agree on an acceptable trip generation, the applicant shall provide a study of three
locally similar uses. The study shall be prepared consistent with ITE policies and procedures and
must be approved by the county prior to beginning the study.
In order to estimate the net new trips from a project, vested trips and trips from existing use, if any,
should be subtracted from the total trip generation potential of the proposed project. Trip reduction
for existing land use, however, will be pennissible only if the site was operational within the last
twelve (12) months and \\'ill be determined at the Methodology Meeting.
- 4 -
Aaenda Item No. 8B
N~ovember 14, 2006
Page 32 of 43
5. INTERNAL CAPTURE
Internal capture is permitted for multi-use developments as defined in Chapter 7 of the ITE Trip
Generation Handbook. The multi-use developments should typically be between 100,000 to 2
million sq.ft. and should be planned as a single real-estate project. The calculation for internal
capture should be done according to the procedure outlined in Chapter 7 of the ITE Trip Generation
Handbook. Exhibit SA depicts the ITE procedure for internal capture. Alternatively, use the county
developed Excel spreadsheet with an example of internal capture for estimating net external trips (the
trips at the site driveways). Exhibits 5B and 5C depict the county procedure for internal capture.
The internal capture trips should be reasonable and should not exceed 20% of the total project trips.
Internal capture rates higher than 20% shall be adequately substantiated and approved by the County
staff.
6. PASS-BY CAPTURE
The total gross external trips for retail uses may qualify to be reduced by a pass-by factor to account
for the project traffic that is already traveling on the adjacent roadway. As per FDOT's Site Impact
Handbook page 58, the number of pass-by trips should not exceed 10% of the adjacent street traffic
during the peak hour or 25% of the project's external trip generating potential (Exhibit 6A). If the
ITE Equation Ln(T)= - 0.29Ln(X) + 5.0 (lTE Trip Generation Handbook, Page 47) for estimating
pass-by capture for Shopping Centers (LUC 820) results in more than 25'1'0 pass-by capture, the pass-
by rate should be reduced to 25% for the peak hour. The daily capture rate is assumed to be 10%
lower than the peak hour capture rate. The entering pass-by trips should be equal to the exiting pass-
by trips and in the same direction as the entering pass-by trips i.e. if 20 pass-by trips heading EB
entered the project driveway, then 20 pass-by trips should exit the project driveway to go EB. The
approved pass-by percentage shall be applied to the total traffic and the resulting number of pass-by
trips should be equally split between the inbound and outbound trips. Exhibit 6B from ITE Trip
Generation Handbook (Figure 5.2 Page 32) depicts the application of pass-by trips. In the analysis of
the site-access intersections, the pass-by trips shall be included and separately identified.
The following pass-by rates may qualify to be permitted for other land-uses with higher potential for
pass-by capture:
· 50% Pass-By:
Gasoline Stations with and without convenience store (LUe 844, 845)
Fast Food Restaurants with Drive- Thru Windows (LUe 834)
Pharmacy with and Without Drive- Thru Windows (LUC 880, 881)
Convenience Market with and without Gasoline Pumps (LUC 851, 853)
Drive-In Bank (LUC 912)
· 40% Pass-By:
Quality Restaurants and High Turnover Sit-Down Restaurants (LUC 831, 832)
- 5 -
p.,oenda Item !\io, 88
rSovember 14, 2006
The pass-by rates for all other retail land uses should comply with FDOT's guidelines. p~~ pgs~!bY
rates higher than the above pennitted rates shall require justification and prior approval from the
County staff.
7. TRIP DISTRIBUTION/ASSIGNMENT
The most current version of the appropriate Collier County Model is acceptable in determining the
trip distribution percentages and trip assignments. The results of the model will be reviewed by
Collier County for reasonableness to ensure the existing and future travel patterns are correctly
simulated. Manual trip distribution and assignments may also be acceptable as long as they are
reviewed and accepted by Collier County and logically replicate the existing and future travel
patterns. This review may take place during the Methodology Meeting if the manual trip distribution
has been perforn1ed at this juncture. Otherwise, the manual trip distribution must be reviewed and
approved by Collier County prior to identification of the Significantly Impacted Roadway Network or
other subsequent steps of the TIS process.
The trip distribution shall be shown f,'Taphically in both percentages and number of trips. The total
project trip distribution and assignment at project driveways and adjacent intersections are different
for project sites with and without full access median openings. Therefore, the trip distribution shall
also be shown separately for Total Project Trips and the Net New Project trips. The maximum
directional project trips on roadway segments shall be highlighted in these figures. Exhibits 7 A
through 7C provide a sample for trip distribution and assignment.
The trip distribution percentages in the study network should add up. Any mid-block reduction in trip
percentages shall be graphically depicted with adequate information and shall be discussed and
approved by staff at the methodology meeting.
8. SIGNIFICANTLY IlVIP ACTED ROADWAYS/INTERSECTIONS
Significantly impacted roadways and intersections are identified based on the following
criteria:
a. The proposed project highest peak hour trip generation (net new total trips) based on the peak
hour of the adjacent street traffic will determine the limits of the trip distribution and analysis.
. Trips distributed on links directly accessed by the project where the project traffic by
direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS
standard.
. Trips on one link adjacent to the link directly accessed by the project where the project traffic
by direction is equal to or greater than 2% the peak hour service volume for the adopted LOS
standard.
. Trips on all subsequent links where the project traffic by direction is equal to or greater than
3% the peak hour service volume for the adopted LOS standard.
b. Major intersections (signalized and/or unsignalized intersections of major roadways as
determined during methodology meeting) that are part of the significantly impacted roadways,
major intersections that are within 1,320 feet of the site access, and all site-access intersections
are considered significantly impacted.
c. With the Traffic Study Report, the applicant, on a separate page, shall provide a list and number
- 6 -
Agenda Item No. 8B
November 14, 2006
of the intersections studied for the purpose of establishing the review fee per the fe6~~e:;:ruM fs3
outlined in EXHIBIT "A".
d. Any intersection or link which may be adversely impacted as identified by the County at the
methodology meeting based on the size and degree of the project that may, at the county's
discretion, be included for analysis in the Significantly Impacted Roadway/Intersection Network
9. ANAL YSIS SCENARIOS and DEFINITIONS:
Scenarios:
a. Existing Scenario is defined as the documentation of existing traffic on the existing significantly
impacted roadway network.
b. Base Scenario is defined as the analysis of existing traffic, plus background traffic for the
estimated build-out year on the E+C (existing plus committed) significantly impacted roadway
network.
c. Proposed Scenario(s) As defined by Table 9.1 below
Table 9.1: Proposed Scenario(s) Requirements
Table 9,1
Background Traffic Incremental Operational
Build Out Horizon Development Trips (3) Network Capacities Scenarios Analysis
5 Years or Less Maximum Allowable AUIR + Background 5-year CIE NO Methodology
Comprehensive (1) Growth to Build-Out Meeting
Land Use
Amendment Maximum Allowable AUIR + Background Methodology
Over 5 Years (1 ) Growth to Build-Out 5-year CIE (4) 5 Year Increments Meeting
5 Years or Less AUIR + Background Methodology
Re-Zoning (from zoning Maximum Allowable Growth to 5-year 5-year CIE NO
(including application) Horizon Meeting
Conditional Use
applications) Over 5 years Maximum Allowable AUIR + Background 5-year CIE (4) 5 Year Increments Methodology
Growth to Build-Out Meeting
5 Years or Less Maximum Allowable AUIR + Background Methodology
(from zoning Growth to 5-year 5-year CIE NO
application) (2) Horizon Meeting
PUD Re-Zoning
Over 5 years Maximum Allowable AUIR + Background 5-year CIE (4) 5 Year Increments Methodology
(2) Growth Build-Out Meeting
2 Years or Less Proposed - Current AUIR E+C E+C Mandatory Per TIS
Site Phase (5) Study Guidlines
Plan/Subdivision
Over 2 Years Proposed - Current AUIR + Background E+C 2 year, 5 Year, Mandatory Per TIS
Phase (5) Growth to Build-Out Additional 5 Years Study Guidlines
(1) Maximum allowable Trip Generation may be reduced subject to the Methodology Meeting and adoption of corresponding
conditional or phasing language in the Land Use Ammendment
(2) Planned Unit Development rezoning may serve to limit the maximum allowable trips over the build-out horizon compared to
comparable Zoning
(3) Or as stipulated during methodology meeting
(4) Applicant may be allowed or required to consider additonal roadway networks (ie, Interim Cost Affordable Plan)
based on methodology Meeting
(5) The Significantly Impacted Network shall be determined based on the traffic generation and distribution of the current
proposed phase,
- 7 -
14, 2006
35 of 43
Scenario Definitions:
a. Significantly Impacted Roadway Network: As defined in Section 8, above.
b. Network Capacities: Based on either the E+C network, or in the case of zoning and land use
amendments, the existing roadway network + projects fully funded in the 5 year CrE
c. Build-Out Year: The year in which that quantity of development considered by the TIS is
anticipated to be substantially complete and eligible for Certificate of Occupancy. The build-out
year shall be documented in the approved methodology statement.
d. Background Traffic: As defined in Section 12, below.
e. E+C Network: The E+C network is defined as all the existing roads, plus all the improvements
that are funded for construction within the first two years of the local government's or the FDOT's
adopted Transportation Improvement Programs for applications requiring a Certificate Of Public
Adequacy (COA).
f. Incremental Scenarios: Future scenarios based on 5 year increments beyond the build-out
year.
10. GENERAL ANALYSIS REQUIREMENTS AND SOFTWARE
a. Level of Service (LOS) and turn-lane length analysis (in accordance with the County's access
management standards) are required for all significantly impacted intersections described under
Section 8.
b. All roadway adopted LOS and corresponding Service Volumes will be taken from the currently
adopted AUIR or as agreed during the methodology meeting.
c. Use of the analysis software is allowed in accordance with the following:
(I) The latest version of Highway Capacity Software (HCS) and Synchro software can be used
for signalized and unsignalized intersection analysis. For certain complex and saturated
traffic conditions. the County may require traffic analysis through SimTraffic or CORSIM.
(2) The electronic copy of the analysis files shall be provided. The hard copy of the summary
sheets with sufficient details of the input data and the MOEs (measures of effectiveness)
shall be provided unless otherwise requested by the County. (See Sample Exhibits lA and
IB)
(3) Other analysis software may be used if requested and/or approved by the County.
(.:1-) The input data to the software shall be field verified, where applicable, and provided in the
report including, but not limited to:
(a) Existing AM and PM peak hour volumes with geometry, including lane widths and
turn-lane storage lengths at intersections (without taper). Similar information should be
included for future analysis years. (See Sample Exhibits 2A through 2C)
(b) Traffic factors such as the K. D, and T factors (See Sample Exhibit 3). The K factors
shall be documented when travel demand forecast volumes are used for developing
peak hour segment volumes and intersection turning movement volumes for the
analysis year(s). The documentation of K factor, however, will not be required if
historic growth rates are used for extrapolating the existing traffic data (segment
volumes and intersection turning movement volumes) for the analysis years(s).
(c) Heavy vehicle factor of five percent in the urban area if data is not available. Major
Studies outside the urban area will be required to verify the factor if not available from
existing sources less than 1 year old. This method will be established at the
- 8 -
(5)
methodology meeting.
(d) Directional distribution factor (D Factor) from AUIR.
(e) Peak-hour factor (PHF) for the intersections. This value should not be greater than
0.95.
(f) Existing signal timing and phasing (to be obtained from the County with a hard copy
provided in the report). The existing signal timing of a signal which is part of a signal
system, including its maximum and minimum settings, shall not be changed pursuant to
determination of adequate intersection or roadway segment capacity without the prior
approval of the County staff.
Other parameters that govern the roadway/intersection capacity analysis shall be based on
the parameters described in the latest version of the Highway Capacity Manual.
Agenda Item 1\10. 88
November 14, 2006
Page 36 of 43
11. TRAFFIC COUNTS
All counts shall be conducted based on acceptable engineering standards. Raw turning movement
counts (TMCs) shall include passenger cars and trucks and shall be provided for all Significantly
Impacted intersections as agreed upon at the methodology meeting. Daily directional machine counts
(minimum 48 hours) for all Significantly Impacted road segments as deemed necessary by the County
staff for operational analysis purposes shall also be provided. If requested by the County, at least one
of the daily count locations for each impacted roadway facility will be a vehicle classification count
conducted for a minimum of 48 hours. The TMC data shall be summarized in the fonnat similar to
the example depicted in Exhibits SA or SB. The raw TMCs shall be adjusted using the most recent
and appropriate Peak Season Conversion Factors (PSCF) published by FDOT or Collier County. The
machine counts shall be adjusted using the most recent PSCF and axle adjustment factors. To the
extent that any adjusted machine count volumes indicate lower traffic volumes than those adopted in
the cun-ent AUIR, these counts shall be discussed with and approved by Collier County prior to use
for subsequent components of the TIS. Adjustment factors shall be approved at the methodology
meeting.
The intersection turning movement volumes collected in the field indicate the throughput for every
individual movement at the intersection and mayor may not reflect the demand for the individual
movements. If residual queues are observed for any movement at an intersection, the turning
movement volume will not reflect the true demand for that movement. Approach counts will be
needed for those approaches where the demand is exceeding the capacity and residual queue builds up
during the peak hour. The placement of the approach count machine is equally important to measure
the demand. The count machines shall be placed at a location where the queues would not extend
past the count machines. The locations and need for approach counts will be detennined during the
methodology meeting or requested as pati of a sufficiency review.
The approach volume for the peak hour of the intersection shall be used to develop approach turning
movement volumes based on the approach turning movement percentages. This shall be done for
approaches with residual queue build-up during peak hours. The approach count machines shall be
placed at a location where the queues would not extend past the count machines. In no event,
however, should the estimated turning-movement counts be less than the existing field counts.
Segment tube counts shall be done concun-ently with the intersection turning movement counts where
the segment is pati of the intersection. The segment machine counts at mid-blocks shall be checked
against turning-movement counts at the adjacent intersections. In general, the mid-block counts and
turning-movement counts should not be substantially different unless the difference can logically be
explained. Approved FDOT or County-maintained counts may be used for verification if they are
less than one year old in the high f,'Towth areas. Counts from a similar approved study may be used if
the information is less than one (1) year old. New counts will be requested if there are recent
improvements to the transportation system that may cause significant traffic diversions. Counts more
than one year old from the year of the TIS submittal will not be acceptable unless otherwise approved
by Collier County. The counts will be done on Tuesdays, Wednesdays, and Thursdays of a typical
- 9-
Aqenda Item No. 88
t,fovernber 14. 2006
work week and are not to be done immediately before, during, or after a major holiday. Page 37 of 43
12. BACKGROUND TRAFFIC GROWTH/FUTURE TRAFFIC
The existing traffic counts shall be increased by a growth factor up to the project's build-out date
(shall be reasonably specified) to account for increases in existing traffic due to other approved
developments. The build-out year shall be in accordance with table 9.1. The estimation of the
background traffic-growth rate and backb'TOund traffic shall be based on the following:
Historical growth rates (minimum of the past three years) may be used in areas where the
expected growth is representative of the past growth. (See Sample Exhibit 9)
b. The growth/future traffic on committed roads that do not currently exist shall be based on the
most appropriate adopted model, as directed by the County staff for each specific application.
If the appropriate adopted model as directed by the County staff is used, the traffic growth rate for
existing roads shall be based on the growth rate as detennined by comparing the most recent,
validated year, model volume to the future model volume. The future model volume is
determined by applying the project's build-out year, socioeconomic data to the committed
network. The build-out year, socioeconomic data may be obtained by interpolating between
MPO's or the County's adopted validated year and the adopted interim or future year,
socioeconomic data.
d. The socioeconomic data of the model shall reasonably represent, if appropriate, the recently
approved developments in the vicinity of the project as approved by the County during the
methodology process. At a minimum, the build-out year socioeconomic data is to consider
development approvals (DRIs, Planned Unit Developments or major rezonings) that may not be
included in the modeL a minimum of ten miles from the project boundary. It will be the
responsibility of the Applicant to review and prepare the amended data set unless otherwise
available from the County.
The TIS will consider all vested development
intersections. This information shall be obtained
methodology meeting.
Minimum, annual growth rates in all cases shall be two percent, unless otherwise approved by the
County.
The assumed f:,'Towth rate and method of calculation for each impacted roadway segment shall be
presented in a table.
h. Development of the future intersection turning movement count shall be adequately documented.
(See Sample Exhibit 10)
a.
c.
e.
on the significantly impacted links and
from the County and agreed upon at the
f.
g.
13. APPLICABLE STANDARDS
a. The LOS standards for all major road segments shall be consistent with the letter standards per
the County's latest adopted conCUlTency tables in the Annual Update and Inventory Report
(AUIR).
b. Although it is acknowledged that Collier County does not have an adopted LOS concurrency
standard for intersections of major roadways, the perfonnance of intersections on the network is
critical to maintaining the adopted LOS on the adjacent segments. As such, the operating LOS of
sit,rnificantly impacted intersections (the intersections as a whole, as well as individual
- 10 -
Agenda Item No. 88
~-Jovember 14, 2006
movements) may be evaluated in the TIS using appropriate indicators such as volun:FeEl{bed~a~itY
ratio (V/C), delay, and lCU (Intersection Capacity Utilization), with respect to the identification
of any appropriate solutions or mitigation measures for the Existing, Base, and Future Scenarios.
c. The delay for individual turning-movements and through-movements may exceed the segment
standard by one letter grade, but not below LOS "E", provided that the volume/capacity (v/c)
ratio for the subject movement remains less than or equal to one. Average control delays up to
100 seconds are acceptable for individual turning movements and through movements where the
corresponding v/c ratio is less than 0.8.
d. All other design and traffic operations standards as specified in the Land Development
Regulations, Right-of-Way Handbook, Access Management resolution and other applicable
County ordinances.
14. INVENTORY OF THE EXISTING AND FUTURE CONDITIONS
The following additional infonnation may be required:
a. The Horizon (Build-Out) year of the project must be a reasonable date and in accordance with
table 9.1.
b. Tabular presentation of the LOS standard of all the existing significantly impacted roadways and
tabular presentation of the LOS standard for the significantly impacted segments with committed
roadway improvements.
c. Graphical presentation of the existing and E+C link and intersection geometry with storage
lengths for turn lanes, speed limits and traffic control devices. (Sample Exhibits 2A through
2C)
d. Tabular presentation of the date(s) of the traffic data collection and the appropriate peak season
and axle adjustment factors used for adjusting the raw traffic counts. (Sample Exhibit 3)
e. Graphical presentation of the existing link AADTs, directional peak hour volumes for the links,
and peak hour turning movement volumes at the intersections. (Sample Exhibits 2A through
2C)
f. Tabular presentation of the approved traffic factors (K, D, T) for the roadway segments within the
study area. (Sample Exhibit 3)
g. Graphical presentation of the project's proposed access locations, types, and internal roads with
connections to the County's build-out or long-range plan of roadways. The graphic shall also
cover the area beyond the boundary of the project to include all the external, major roadways and
existing or future, access points and types of developments sun'ounding the project as agreed
upon at the methodology meeting.
h. Pavement marking plans/concept plans of roadways that provide direct access to the project and
have completed or are undergoing design or route study phase, if available.
1. Graphical presentation of total (adjusted for internal capture, if any) and net new project traffic
distribution both in percentages and number of project trips. (Sample Exhibits 7B and 7C)
j:- The trip distribution percentages in the study network should add up. Any mid-block reduction in
trip percentages shall be graphically depicted with adequate infonnation.
15. PHASED DEVELOPMENTS
The traffic-generation estimate shall consider the total traffic generation of the cumulative
development (including traffic from previously developed or approved phases) for purposes of
operational analysis. For purposes of evaluating mitigation needs, only the impacts of the traffic
above and beyond the traffic from the previously developed uses or prior approved phases (where
mitigation is already accomplished in accordance with the TIS guidelines) need to be considered.
- 11 -
16. FREEWAY/INTERSTATE IMPACTS
,A,genda Item 1\)0 88
~.Jovernber 14, 2006
Page 39 of 43
Traffic studies will not be required to analyze the traffic impacts on interstate/freeways except at
interchanges. Interchange analysis shall include analysis of exit ramp storage capacity, as would be
the case with any intersection analysis, pursuant to maintaining safe operating conditions on the
limited access facility
17. EQUAL MITIGATION FOR OPERATIONAL IMPACTS
Operational impacts of the development project traffic will have to be mitigated for intersections
failing to achieve acceptable levels of service (as outlined under the APPLICABLE STANDARDS
section). To mitigate the impact of the development traffic, a concept called equal mitigation will be
used except as otherwise required by the Board of County Commissioners (BCC). Equal mitigation
shall mean the implementation of an improvement that, at minimum, results in the reduction of delay
per vehicle on each lane group at deficient intersections prior to the addition of the development
traffic. Equal mitigation will apply to improvements such as extending existing turn-lane lengths at
intersections but will require delay estimation through traffic simulation. Other improvements such
as installation of hard-wire signal coordination and installation of real-time demand responsive signal
coordination system such as SCOOT or equivalent intelligent traffic management systems (ITMS)
may also be acceptable if approved by the County staff
Acceptable mitigation improvements will offset the impacts of the development without adversely
impacting the below-standard movements as measured by capacity and delay, and as further
described below.
Improvements will be deemed acceptable if capacity is added (through the addition of general
purpose through-lanes, auxiliary turn-lanes. or ITMS options that are accepted by Collier County) that
restores or improves the delay and V IC ratio to the level it was in the "base scenario."
The developer shall only be responsible for the equal mitigation improvement; however, for
infonl1ational purposes only, if equal mitigation improvements are identified at any deficient
location(s) that would result in delay being reduced to the "base scenario" but not to the acceptable
LOS, then additional improvements that may be needed to bring the entire deficient location(s) back
to the LOS standard, shall also be identified and reported separately. For example, an existing
intersection is operating at LOS F with 120 seconds of delay per vehicle. After adding the project
trips, the delay increases to 140 sec/veh. Providing a second left-turn lane reduces the overall delay
to 120 sec/veh but the intersection is still operating at LOS F. The applicant will only be responsible
for providing a second left-turn lane which brings down the intersection delay to the original level. If
the left-turn improvement reduces the overall delay from 140 sec/veh to 100 sec/veh, the applicant
will be required to pay only 50(>~) of the cost of the left-turn lane improvement. However, the
intersection still failing and the applicant will need to identify other improvements that would be
required to achieve an acceptable LOS E with a delay of less than RO sec/veh.
The design and construction of any mitigation improvements shall be in accordance with Collier
County or FDOT standards, as applicable.
The analysis of intersections to demonstrate the adequacy of an improvement to achieve equal
mitigation must be based on a consistent traffic-signal timing strategy and must follow the steps
below:
a. Analyze the "base scenario" condition which would include the eXlst1l1g traffic plus the
background traffic on an E+C network for the analysis year. For this scenario, the existing timing
plan is required. If the signal operates as an isolated intersection, optimization of cycle length,
- 12 -
Agenda Item No. 88
roJovember 14, 2006
phasing, and splits can be performed. However, if the sil!Dal is part of a sil!Dal ~~ref.P, C([nV
modifications or adiustments must be hi2hli2hted and approved by the county before
finalizin2 the analysis and submittin2 the TIS. The choice of signal-timing methodology in
this step must be carried consistently into the next step. From the analysis, an overall Intersection
Signal Delay and an Intersection Capacity Utilization are reported by Synchro.
b. The next analysis is to evaluate the total future traffic (background plus project traffic) on E+C
network (future scenario). For this analysis. the si2nal timin2 plan in Para2raph 17.a may be
optimized bv Svnchro. If the LOS standard is met, no further analysis is required. If the LOS
standard is not met, further analysis to identify appropriate mitigation is required.
c. The next analysis is to evaluate total future traffic on an improved intersection concept (future
scenario with mitigation). The same signal-timing strategy used in Paragraph 17.a is required. If
the overall Intersection Signal Delay and the Intersection Capacity Utilization are equal or less
than in Paragraph No. 17.a, the improvement is considered to be adequate to offset the impacts of
the development.
d. Any changes to existing conditions, including traffic-signal timing or phasing changes shall be
noted and hi2hli2hted in the conclusions of the report.
e. If the developer presents evidence acceptable to the Transportation Administrator or designee that
the required equal mitigation improvements are not feasible in relation to the development
proposed, mitigation strategies at alternative location(s), other than the primary location(s), may
be proposed and may be accepted if approved by the Transportation Administrator or designee.
At minimum, the improvements shall meet the following criteria:
(1) The location(s) must be within the impacted area and must be at or near deficiency.
(2) The improvement must be other than simply a signal-timing or phasing change.
(3) Mitigation must, at the minimum, improve the overall vehicle-hours of delay, intersection-
capacity utilization, and/or speed of the alternative location(s) by the equivalent amount of
the reduced vehicle-hours of delay, intersection-capacity utilization, and/or speed at the
primary location( s).
(4) The improvements must not already be, or in the process of being condition of approval of
another development.
(5) All the applicable analysis requirements for the primary location(s) shall apply to the
analysis of alternate location(s).
18. ALTERNATIVE MITIGATION FOR OPERATIONAL IMPACTS
An applicant may request alternative mitigation in the local area when equal mitigation fails to
completely offset the impact of the development. Alternative mitigation recognizes that in certain
situations it may be a benefit to the county and the traveling public to allow for additional fonus of
mitigation to be incorporated within the review and approval of new development and the
redevelopment of existing property. The following items may be considered and approved by the
Transportation Administrator or designee in conjunction with or as an alternative to equal mitigations
as defined above:
a. Donation of right-of-way for future improvements.
b. Payments of an additional roadway impact fees set to fund future improvements.
c. Installation and/or purchase of Intelligent Traffic Management Systems (lTMS) approved by the
county.
d. Participation in various forms of alternative transportation including but not limited to: the
inclusion of a park and ride site into the development, the inclusion of public transit shelters, the
purchase of a public transit vehicle and maintenance on an existing or new route.
e. Commuter subsidies.
- 13 -
f. Pedestrian connections.
g. Interconnections with existing developments.
h. Area wide system improvements to adjacent intersections and roadways that improve the level of
service above and beyond the impacts of the proposed project.
/\genda Item No. 88
~~c<vernber 14. 2006
Page 41 of 43
19. FAIR-SHARE MITIGATION
If the developer presents evidence acceptable to the Transportation Administrator or designee that the
required equal mitigation is not cost feasible in relation to the development proposal, the developer
may propose fair-share mitigation which must be approved by the Transportation Administrator or
designee.
The fair-share payment shall be calculated as follows:
a. Identify all the needed improvements to bring all deficient locations back to the LOS standard.
b. Submit a signed and sealed cost estimate of the required improvements as approved by the
County. The estimate will include all costs associated with the completion of the improvement
from concept to finished product.
c. Calculate the fair-share cost of those improvements per the following fonnula:
For Intersection Improvements
A = MOE for Base Scenario (Backl:-'Tound Traffic with E+C network)
B = MOE for Total Traffic (Background plus Project Traffic) without Improvements
C = MOE for Total Traffic (Background plus Project Traffic) with Improvements
D = Cost of Improvement
F air Share =
[Change in MOE from A to C]
[Change in MOE from B to C]
x Total Cost of Improvements [D]
For example, if A = 120 sec/veh delay; B = 140 sec/veh delay; C = 100 sec/veh delay
Fair Share =
A-C=120-100=20
B - C = 140 - 1 00 = 40
x Total Cost of Improvements [D]
20. Construction Traffic
Any development (minor and major) anticipated to produce construction traffic that would
significantly affect the flow of traffic on adjacent roadways shall provide mitigation measures if
requested by the County. The County reserves the right to make this determination and the applicant
shall be responsible for providing details of the anticipated construction traffic volumes, hours of
operations, and proposed mitigation measures and obtain approval from the County. At the County's
discretion, the County may require all off site operational improvements identified and approved in
the TIS to be in place Plior to any on site construction.
- 14 -
Agenda Item No. 88
November 14. 2006
Page 42 of 43
EXHIBIT A
Collier County
Traffic Impact Study Review Fee Schedule
Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and
Sufficiency Reviews. Fees for additional meetings or other optional services are also provided below.
Methodolo2V Review - $500 Fee
Methodology Review includes review of a submitted methodology statement, including review of submitted
trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination,
written approval/comments on a proposed methodology statement, and written confirmation of a re-
submitted, amended methodology statement, and one meeting in Collier County, if needed.
"Small Scale Studv" Review - No Additional Fee (Includes one sufficiency review)
Upon approval of the methodology review, the applicant may submit the study. The review includes: a
concurrency detennination, site access inspection and confirmation of the study compliance with trip
generation, distribution and maximum threshold compliance.
"Minor Study Review" - $750 Fee (Includes one sufficiency review)
Review of the submitted traffic analysis includes: optional field visit to site, confinnation of trip generation,
distribution, and assignment, concurrency detennination, confinnation of committed improvements, review
of traffic volume data collected/assembled, review of off-site improvements within the right-of-way, review
of site access and circulation, and preparation and review of "sufficiency" comments/questions.
"Maior Study Review" - $1.500 Fee (Includes two intersection analvsis and two sufficiency reviews)
Review of the submitted traffic analysis includes: field visit to site, confirmation of trip generation, special
uip generation and/or trip length study, distribution and assignment, concurrency detennination,
confirmation of committed improvements, review of traffic volume data collected/assembled, review of
traffic b'Towth analysis, review of off-site roadway operations and capacity analysis, review of site access
and circulation, neighborhood traffic intrusion issues, any necessary improvement proposals and associated
cost estimates, and preparation and review of up to two rounds of "sufficiency" comments/questions and/or
recommended conditions of approval.
"Additional intersection Review" - $500 Fee
The review of additional intersections shall include the same parameters as outlined in the "Major Study
Review" and shall apply to each intersection above the first two intersections included in the "Major Study
Review"
"Additional Sufficiency Reviews" - $500 Fee)
Additional sufficiency reviews beyond those initially included in the appropriate study shall require the
additional Fee prior to the completion of the review.
Other Miscellaneous Services:
Additional optional services, if necessary, will be provided per the schedule below
- 15 -
Optional Services:
1. Attend review meetings in Collier County outside of the office $300
2. Attend public meetings $600
SAMPLE EXHIBITS
- 16 -
Agenda Item No. 88
November 14, 2006
Page 43 of 43
Agenda Item No. 8e
November 14, 2006
Page 1 of 511
,.,,...-,
EXECUTIVE SUMMARY
Petition: PUDEX-2006-AR-9610 G.L. Homes of Naples II Corporation, represented by
Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the Terafina
PUD (Ordinance 04-15) which is scheduled to sunset on March 9, 2007. The subject
property consists of 636.8 acres and is located 1 mile north of Immokalee Road, north of
the Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48 South, Range
26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider a request for two 2-year extensions
of the development time limit of the Terafina 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 1O.02.l3.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 and every year thereafter. The purpose of the repOli is to evaluate whether or
not the project has commenced in earnest with the time limits for approved PUDs.
For Planned Unit Development projects approved prior to October 24, 2001, if on the fifth year
of their adoption the authorized development has not commenced to the thresholds established
by Section 10.02.13.0, then the PUO has "sunsetted." The LDC allows PUD projects to be
considered for up to two, 2-year extensions. This petition seeks approval of two 2-year
extensions for a tern1 of four years. This extension would allow the applicant four years to obtain
necessary development approvals in order to develop under the existing PUD approval.
This project is a 636.8 acre project that was re-zoned from PUO to PUO on March 9, 2004 by
means of Ord. 2004-15 (Exhibit A) which repealed, in its entirety, the original Terafina PUD
Ord. 2001-71. There was a Scrivener's Error Ord. 2004-69 that con'ected Ord. 04-15 that had
omitted the zoning atlas map; then Ord. 2005-06 provided for a Scrivener's Error amendment to
correct Ord. 04-69 which incorrectly referenced the zoning atlas map and Land Development
Code.
This PUD is scheduled to sunset on March 9, 2007 and if the extension request is approved the
applicant will have four years from the date of its expiration which would be March 9, 2011.
Svnopsis of Approved Land Uses:
-
The Terafina PUD is approved for 850 mixed use residential dwelling units which will consist of
single-family detached dwellings, two-family and duplex dwellings, town-homes and multi-
family dwellings as well as garden apartments. As part of this extension request, no changes are
PUDEX-06-AR-9610 Terafina PUD
September 26, 2006 BCC
Page 1 of 6
Item i'~o. Be
14 2006
2of:i11
proposed to the PUD's land use nor are any changes proposed to the Master Plan. The PUD
would retain the approvals that were granted in 2004; any changes would require a separate
amendment request.
Also, the PUD is approved for a maximum of five thousand (5,000) square feet of Convenience
CommerciallNeighborhood Village Center Uses that are located within the Recreational
CenterINeighborhood Village Commercial Center depicted on the Master Plan and the
commercial uses that are permitted are listed in Section 7.4.G of the PUD document.
Consistency with the Collier County Growth Manal!ement Plan (GMP):
The subject property is designated Urban (Urban Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
Relevant to this petition, this Subdistrict permits a variety of residential development types at a
base density of four (4) dwelling units per acre, subject to the Density Rating System; limited
commercial uses within a residential PUD, subject to criteria; and other non residential uses such
as open space and recreational uses.
Review of the Density Rating System yields the subject site is eligible for a density of 4 du/a.
The PUD was approved at a density of 1.3 units per acre and deemed to be consistent with the
density rating system at the time of approval. In addition, the commercial uses were deemed
consistent with the PUD Neighborhood Village Center Subdistrict of the Future Land Use
Element. 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 density or uses,
CONCLUSION:
Based upon the above analysis the proposed extension may be deemed consistent with the Future
Land Use Element.
Transportation Element:
The Transportation Services Division has recommended approval of the PUD Extension because
the project is consistent with policy 5.1 and 5,2 of the Transportation Element of the GMP as
well as being consistent with the Metropolitan Planning Organization (MPO) Long Range
TranspOliation Plan.
Consistency with the Collier Countv Land Development Code (LDC):
Section 10.02. I 3.0 of the LDC requires the Board of County Commissioners (BCe) to make
formal findings to suppOli approval of a PUD extension request. Staff offers the following
findings for consideration by the BCC:
PUDEX-06-AR-9610 Terafina PUD
September 26, 2006 Bee
Page 2 of 6
Agenda Item t'Jo. 8e
~-Jovember 14, 2006
Page3of511
1. The PUD and the Master Plan are consistent with the current Growth Management
Plan. including, but not limited to, density, intensity and concurren(~v requirements
(LDC lO.02.13.D.6.b.i.); and
No changes to the OMP 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 Conservation and Coastal Management Element consistency
requirements.
This PUD preserve location is inconsistent with OMP policy 6.1.1. since the Master Plan
illustrates several small preserves on the western portion of the property and the native
vegetation preserve does not emphasize the largest contiguous area. Also, the flow-way cuts
through the largest preserve furthermore the United States Army Corps of Engineers
(USACE) approve the PUD's pennit but without the flow-way. However, pursuant to the
current guidance in the OMP and LDC the inconsistencies will be corrected at submittal of
the first application for development order.
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 zOlling (LDe IOJ)2.13.D.6. b.ii); and
The Terafina PUD land uses approved pursuant to Ordinance 04-15 remain compatible with
existing and proposed uses in the area.
3. The approved development Willllot, b.v itsellor in conjunction Hith other development, place
an unreasonable burden on essential publicfacilities (IDC 10. 02.13.D. 6. b.iii).
The Environmental Services Department indicates that the project will place an unreasonable
burden on native vegetation. The Terafina PUD document requires the f1ow-\~'ay as part of
the site plan; this flow-way would connect to the Mirasol PUD which was rejected by
USACE. The PUD is inconsistent with OMP policy 6.2.4. (1) and (2), environmental staff
has deemed this petition inconsistent to the OMP. However, the PUD's document contains
language to address other public facilities. As mentioned earlier any inconsistencies with the
OMP and LDC will be corrected at submittal of the first application for development order
(plans or plat).
Staff Comments:
The subject property is located nOlih of Immokalee Road on the east side of what will be the
future extension of Logan Boulevard. North of Terafina is Parklands DRI (Ord. 03-42) which is
approved for 1,603 residential dwelling units at a gross density of 2.5 units an acre; south of the
subject property is aIde Cypress DRI which is approved for 1,100 residential dwelling units at a
gross density of 2.10 units an acre; bordering the west of the subject propeliy is Mirasol PUD
approved for 799 residential dwelling units at a gross density of 0.5] units an acre which abuts
the eastern edge of Heritage Bay DR!.
PUDEX-06-AR-9610 Terafina PUD
September 26, 2006 Bee
Page 3 of 6
item r'~o, 8e
14, 2006
Page 4 of 511
Development approvals have been sought for the PUD since 2001. The South Florida Water
Management District (SFWMD) permit was approved in 2002 (Environmental Resource Permit
[ERP] pern1it 11-02055-P). The applicant is requesting a modification to the ERP permit,
authorizing construction and operation of a surface water management system serving the
Terafina PUD. The permit modifies the ERP permit by removing the flow-way from the east
preserve area and proposing a revised surface water management system.
The initial permit application with the United States Army Corps of Engineers (USACE) was not
approved. The applicant applied for a Site Development Plan in 2003 for the construction of the
flow-way and in the same year another application for the excavation to create the flow-way. The
flow-way is along the eastern property line and is designed to help drainage, water flow and
storn1water management in the area which would reduce the flooding that occurs in the area.
On June 2, 2006 the USACE approved the wetland and environmental impact permit for the
PUD excluding the flow-way and with compensatory mitigation which consist of an on-site
preserve consisting of 283.98 acres, off-site preserves consisting of 107 acres in Hendry County,
and the purchase of 8.74 credits at Big Cypress Mitigation Ban1e The permit mandated that the
mitigation area shall be created by the enhancement of 153.97 acres of wetland through
mechanical removal of exotic vegetation, grading and planting with native species; creation of
22.5 I acres of upland preserve; and the creation of 2.53 acres of wetland buffer; and the on-site
mitigation areas will be enhanced, maintained, managed and preserved in perpetuity. The pelmit
also states the pelmittee shall perform off-site mitigation for unavoidable wetland impacts by
purchasing 154 acres within the Corkscrew Regional Ecosystem Watershed Trust (CREW).
Staff review of the PUD extension has revealed there are environmental concerns that are related
to the flow-way. In Section I Statement of Compliance, it states the Terafina PUD will be in
compliance with the goals, objectives and policies of Collier County set f01ih in the GMP. The
Preserve Area Requirements in Section 5 of the PUD document contain language that provide for
minor adjustments to the boundaries of the preserve areas based on wetland pennitting
considerations.
.-.,,-...
The Environmental Services Department is concerned that the developer will not preserve the
largest contiguous area possible as defined in Section 6.1.1 of the GMP and Section 3.05.07 of
the LDC. Staff originally approved the conceptual PUD Master Plan because the proposed flow-
way was recommended by the SFWMD but since then was denied by the U.S. Army Corrls of
Engineers, but environmental staff has subsequently advised against the preserve being located
in the eastern portion of the PUD because it no longer meets the criteria of the GMP. The
applicant, as part of the revised and approved SFWMD and Corps pelmits understands that the
preserves now have to confornl to the recently amended criteria as defined in the GMP. It should
be noted that in Section 8.1.A of the PUD Document provides the developer the latitude to
reconfigure the required preserves at the submittal of the first plat or plans and as such, staff shall
insure the developer complies with the modified State and Federal pennits as well as all
applicable GMP and LDC regulations. All preservation areas shall be designated as preservation
areas on all construction plans and shall be recorded on the plat with protective covenants per
Florida Statutes. Additionally, pursuant to the language in the PUD Document under 8.1.F the
applicant shall be subject to all environmental ordinances in effect at the time of development
PUDEX-06-AR-9610 Terafina PUD
September 26, 2006 Bee
Page 4 of 6
,Agenda Item t\Jo, 8e
November 14,2006
Page5of511
order approvals to which said regulations relate. As such, staff has determined that the developer
has the latitude to modify the preserve designations at plan and plat submittal.
The OMP is a multi-faceted document designed to serve as the County's guide for future growth
and development. The OMP makes policy choices for the County and provides a flexible
framework for adapting to real conditions over time. Florida state law requires all development
applications including rezoning to be consistent with the Comprehensive Plan. Since the PUD
document states the PUD shall be subjected to all OMP regulations at time of development order,
the PUD will go through an extensive review during the Site Development Plan process or
during Plans/Final Plat review. At that time the developer will have to act in accordance with the
county's OMP and LDC regulations.
FISCAL IMPACT:
If the Extension of the PUD is approved it will have no fiscal impact upon Collier County. If the
PUD is denied, Logan Boulevard from Vanderbilt Beach Road to lmmokalee Road would not be
funded. The Board of County Commissioners approved a Developer Contribution Agreement
(DCA) with G.L. Homes of Naples for the design and construction of Logan Boulevard in
exchange for vesting and impact fee credits. The DCA was to advance the design and
construction of Logan Boulevard between Vanderbilt Beach Road and Immokalee Road. G.L.
Homes is advancing $7,528,875 in road impact fees to construct Logan Boulevard. The
developer has completed the design of the two lanes and obtained the permits and necessary
right-of-way acquisition to build the roadway. For the DCA, the developer will receive vesting
for 850 residential units for the Terafina Developmcnt on the future Logan Boulevard north of
lmmokalee Road.
The County will be responsible for the costs above and beyond the current committed impact
fees which are currently estimated at a level of $7,528,875.
LEGAL CONSIDERATIONS:
Staff completed a comprchensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based, which is found in
LDC Section 10.02. I 3.D.6.b. A summary of the legal considerations and findings is noted
below:
· The PUD Document and the Master Plan (Exhibit A) remain consistent with the current
Future Land Use Element including, but not limited to, density and intensity requirements
but do not remain consistent with the CUlTent Conservation and Coastal Management
Element consistency requirements of the GMP ; and
· The PUD Document and the Master Plan are no longer consistent with the CUlTent
Conservation and Coastal Management Element; and
· The approved development is compatible 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; and
PUDEX-06-AR-9610 Terafina PUD
September 26,2006 Bee
Page 5 of 6
Agenda Itsm ~Jo. 8e
t-Jovernber 14, 2006
Page 6 of 511
· Approved development will not, by itself or in conjunction with other development, place an
unreasonable burden on essential public facilities.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve petition PUDEX-2006-AR-
9610 based on the Developer's inability to obtain other governmental entities permit approval.
The basis for the approval is for the reason that the developer has been actively pursuing USACE
approval since February 12, 2001 and this has prevented the applicant from pursuing any
development order within the County.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning and Land Development Review
PUDEX-06-AR-9610 Terafina PUD
September 26, 2006 Bee
Page 6 of 6
Item Number:
Item Summary:
Meeting Dale:
ITem r\ic
1,1.200Fi
Paq:; 7 of c,11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
r his It(~m requires that all piJnl~-;:pants (Je slIvorn in and ex Dcme dlSclDsure be providea by
COFnnllSSIOf1 members PUDEX-200G-AR-9C10 G.L Homes of Naples II Corporation
represemed by Robel'! Duane, of r~ole Montes, IS r~qUe5tlllQ two 2 ..year pUCr Extensions tor
t~le Teratlna PUD (Ordinance 04-15) wtll(:rllS scrleduied to sunset on March ~!, 2007 The
subject property cons!sts of 6368 acres and 1$ located 1 ITHle north of Imrnokalee Road
north of the Olde Cvpress PUD and east of Quail Creek, In Section 16. Township 48 South
Range 26 East, Collier County Flonda
11/14/2006900 GO AM
Date
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Zoning & Land Development Review
10/26120061,10:04 PM
Date
Approved By
Constance A_ Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10126120062,31 PM
Date
Approved By
R.ay Bellows
Community Development &
Environmental Services
Chief Planner
Zontng & l..<''.ln(j Development Review
1 0126/2006 2,36 PM
Date
Approved By
,Jeff KiJt2i<:(~V/
Cmmty Attorney
~.S~;l~tilnt Coum~/ p,ttonw'l
County Atlorm.'y 'Jfflcf'
10f26:2006 4:46 PM
[;;;te
Approved By
r/<1~.lenc S1:ewnn
E:X~;('lJfIVe SecRt:lry
Community Dev :;iorrncn~ &. CommlJnit\, DC':0Iopmr:l'nt &.
Envirc,r,mentai :;.cn.'ICIC':; jldrnin
~ :();, r--fJ1
E:r'.':irunl~(n:t3! ~>"r'.'lC0;
D::n0
Approved By
tJDP;J!d L
1 rZVF p~;.2t;;;I: Scr\r'I:::~~;
T;W1"P'y.L"1ti~)n F':~1:1n:n9 Dlrc~:t()!
\ r~mSp('n:1don Pi;:mni'19
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E. h:"Jei. A:;:P
D;1te
Approved II)'
Tr3ns,:!C::>;':.')t:~:'n ~;()rvi'~e:::,
nnsp(~rt<1t1on D:.,'isicn P,arninistr:Hol
cnq,Y:I-:,:;tiOf: :.;erviu)~, j.:"'dmin.
4:~7 f:'M
Approved By
SllS2n [.flurril:J. ;~:CP
C()mntunitj D€V~:")prllc:"t e.
E:l\:ir()tWH'!ntzd 3enl!~;e5
Laning LlHld [1(~.jcl~jpn1Dnt Diret'tor
OllIe
2;:;njpg C'k L<~nd ;:')cvc!opmet1~ He.viiN
101~)I::?nJS 1:03 PM
Cornmurllly Development &
Apprnvcd By
Joseph f-<.. SC':[I,nitl
C[l\!!rOnm€:1t;1: Service:: J~(irnlns.trzHor
fOlate
Comr::unitJ' D€vdopnHc"Tt & ~0:1HllU:^d"/ Dc'.!:-' ':lprnc:nt &.
E;~rl'.n~Gnrncnt;l! S0"'!IC<~':, Atimln
11/3/20061 :04 Pf,f,
E,:!\.lrrOnrf)>:::-nt;li S!")r\'r~..'s
Date
Approved By
['!'lc!i2e: Sn)~'r;()wz';'-i
County MGn~>,ers Office
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Agenda Item No, 8e
r~ovember 14, 2006
Page9of511
RESOLUTION 06~ ~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1O.02.13.D OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE, REQUESTING
TWO 2- YEAR POO EXTENSIONS FOR THE TERAFJNA PUD
(ORDINANCE 04-15) WHICH IS SCHEDULED TO SUNSET ON MARCH 9,
2007, EXTENDING THE CURRENT PUD APPROVAL TO MARCH 9,2011;
AND PROVIDING AN E}<l"RCTIVR DATE.
WHEREAS, the Terafina PUD. Ordinance 04-15 adopted on Mm'ch 9, 2004, is subject
the provisions of Section lO.02.13.D, of the Land Development Code (LDC), Time LimiLs for
Approved PUD Zoning Districts togeUlCr with their respective Master Plans; and
WHEREAS, the Terafina PUD was adopted consistent with and under the provisions of
the Collier COllnty Growth Mmwgement Plan; and
WHEREAS, The Board or County Commissioners has rcvicwed the pun and has
determincd it appropriate to approve two 2-year PUD Extensions for the Terafina PUD
(Ordinance 04-15), which is scheduled to sunset on March 9. 2007. until March 9, 2011; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1, The above recitals are adopted herein by reference as if fuJIy set forth herein.
2. Tbis Resolution shall constitule evidence of compliance with the review
requirements of Scction '10.02. J 3.0 of thc LDC.
1 Pursuant to said scctioll of the LDC, the current PUD approval is hereby extended
to Marcil 9. 2011; at the end of which time the owner shall submit to tbe procedures in LDC
Section 1O.0213.D.
This Resolution shall become effective immediately upon its approval.
BE IT FURTHER RESOLVED that this Resolution be rccanlen in the minutes of this
Board and in the rccords of the Petition for whidl the extension is granted.
This Resolution adopted nfter motioll, second, and m!~ority vote.
Done tbis _~ day of
,2006.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
, Deputy Clerk
By:
FRANK HALAS, CHAIRMAN
By:
!il sufficiency:
Q("'"
'-" -J
2D06
I'. -... A
OT ::::'! I
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
PUDEX-2006-AR-9610
PRO.rECT #2002050014
DATE: 4/27/06
MELISSA ZONE
]
TELEPHONE # 954753-1730
E-MAIL
CELL #
FAX # 954575-5240
ADDRESS:
KEVIN.RA TTERREE(cUGLHOMES.COM
NAME OF AGENT ROBERT DUANE
ADDRESS 950 ENCORE WAY
TELEPHONE # 239 254-2049
CITY NAPLES ST A TE--B,. _ZIP 34110
CELL # FAX # 239254-2099
E-MAIL ADDRESS:BOBDUANE@HMENG.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGL Y AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
pun Exlcnsioll AppliCRlton
Agenda Item No. 8e
t-Jovember 14, 2006
Page 11 of511
COMPLETE THE FOLLOWING FOR ALL ASSOCIATION(S) AFFILIATED WITH THIS PETITION. PROVIDE
ADDITIONAL SHEETS IF NECESSARY.
NAME OF HOMEOWNER ASSOCIATION: OlOE CYPRESS PROPERTY OWNERS HOME ASSOCIATION
MAILING ADDRESS: MS. CAROL WilSEY. PRESIDENT 889 111 TH AVE NORTH #202 CITY NAPLES,
STATE FL ZIP 34108
NAME OF HOMEOWNER ASSOCIATION: QUAil WEST MAILING ADDRESS: MS. SANDRA HESSE.
PRESIDENT 5950 BURNHAM RD CITY NAPLES. STATE FL ZIP 34119
NAME OF MASTER ASSOCIATION: OLDE CYPRESS MASTER MAILING ADDRESS MS. SANDY
HOULDSWORTH, ASSOCIATION MANAGER 4501 T AMIAMI TRAIL NORTH SUITE 300
CITY NAPLES, STATE FL ZIP 34103
NAME OF CIVIC ASSOCIATION: LONGSHORE LAKES FOUNDATION MAILING ADDRESS MR. TED
MONTY. GENERAL MANAGER. 11399 PHOENIX WAY CITY NAPLES STATE FL ZIP 34119
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
N/A
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
Percentage of Ownership
PUD Extension Application
_NJA
,A.Qen(~a !tern r"~o, Be
rJovernber14,2006
12of511
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
N/A
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name
of the general and/or limited partners.
Name and Address
Percentage of Ownership
G.L. Homes of Naples Associates II, Ltd.
Bv: G.L. Homes of Naples II Corporation, General Partner
(See allached affidavit)
J>UD Extension Application
Agenda Item ~~o, Be
~~ovember 14, 2006
Page 13 of 511
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE ME, the undersigned' Notary Public, personally appeared N. Marla Menendez (the
"Affianr), to me well known to be the person who made and subscribed the foUowlng Affldavll, who, upon
being first by me duly sworn on oath, deposed and said as follows:
1. Affiant Is the Vice President of G.L. HOMES OF NAPLES II CORPORATION, a Florida
corporallon, the soJe general partner of G.L. HOMES OF NAPLES ASSOCIATES II. L TO.,s Florida
limited partnership (the "Partnership") and as such has personal knowledge of the business and affairs of
said Partnership and of all facts stated hereunder.
2. The sole general partner of the Partnership Is G.l. HOMES OF NAPLES II
CORPORATION, a Florida corporation (the wCorporatlon"), having an address of 1600 Sawgrass
Corporate Parkway, SuIte 300, Sunrise, Florida 33323.
(a) The sole shareholder of the Corporation is G.L HOMES OF FLORIDA HOLDING
CORPORATION, a Florida corporation rFlorida HoIding"), having an address of 1600 Sawgrass'
Corporate Parkway, Suite 300. Sunrise, Florida 33323.
(b) The sole shareholder of Florida HOlding is Itzhak Ezratti, havIng an address of
1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323.
3. The limited parlners of the Partnership are: (a) G.L. HOMES OF FLORIDA LIMITED
CORPORATtON, a Florida corporation ("Florida Limited"), having an address of 1600 Sawgrass
Corporate Parkway, Suite 300, Sunrise, Florida 33323; and (b) RESIDENTIAL FUNDING
CORPORATION, a Delaware corporatjon ("RFC"), having an address of 8400 Normandale Lake
Boulevard, Suite 250. Minneapolis, MInnesota 55437.
(a) The sole shareholder of Florida Limited is Florida Holding, having an address of
1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323.
(i) The sole shareholder of Florida Holding Is Itzhak Ezratti, havIng an
address of 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise. Florida 33323.
(b) The sole shareholder of RFC is RESCAP CORPORATION, having an address of
8400 Normandale lake Boulevard, Suite 250, Minneapolis. Minnesota 55437.
(i) The sola shareholder of RESCAP CORPORATION is GENERAl
MOTORS ACCEPTANCE CORPORATION, having an address of 6400 Normandale Lake Boulevard,
Suite 250, Minneapolis, Minnesota 55437.
4. This Affidavit is made and given In connection with that certain application for a
Development Order Extension for the Terafina PUD by the Partnership, This Affidavit Is made under
penalties of perjury. In addition, Affiant declares that Affiant has examined this AffidavIt and to the best of
Affiant's knOwledge and belief It is true, correct, and complete, Affiant further declares that Attlant nas the
authority to execute this Affidavit on behalf of the Partnership.
5. Affiant is executing this Affidavit solely in her capacity as Vice President of the general
partner of the general partner of the Partnership, and no resort shall be had to any of Affjant's personal
assets on account hereof.
6. This affidavit is being given 10 correct an in inadvertenl inaccuracy contained in
paragraph 3(b) of the Affidavit prevIously delivered to ColHer County In connection with that certain
application for a Development Order Extension for the Teraftna PUD by the Partnership, a copy of which
is attached herelo as Exhibit "A".
ttsnl !''-10. 8e;
14,2006
Page 14 of 5 1
G.L. HOMES OF NAPLES ASSOCIATES II. LTD., a Florid2
limited partnership
OI'P'~ ~'v,~:- Anna B. Ernst
;: ~ ~ Commission # DD454514
'~t \)".:;< Expires July 25, 2009
t-:CF ,.':\~nt.l'..JNrt"O'fr""'.l~.1r,u.~ e(Q.~.'j'('l1~
Personally known 10 me, or
Produced IdentifICation
e. If there is a CONTRACT FOR PURCHASE, wifh 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
N/A
Agenda Item No. 8e
November 14, 2006
Page 15 of 511
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
N/A
g. Date subject property acquired ~ leased 0 Term of lease 5/5/2003 yrs.fmos.
If, Petitioner has option to buy, indicate the following:
Date of option: N/A
Date option terminates:
Anticipated closing date
, or
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.
Detailed Ic!!al descrirltion of the property covered by the aJmlication: (If space is inadequate, a"ach
on separate page.) If request involves ehange 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 or 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.
PUD Extcnsion Application
Section!T ownship!Range
16
/ 48S
26E
"'9snda, lle:l} r'~S B,~
r"-./cvernoer 14. LO(J'O
Page 16 of 511
Lot:
Plat Book
Block:
Page #:
Subdivision:
Property I.D.#: 00183600000
Metes & Bounds Description: All of Section 16, Township 485, R 26E. Collier County, FL. less and exce})t
the westerlv 80 ft. thereof.
Size of property: 5280 ft. X ' 5260 ft. :: Total Sa. Ft. 2.777.280 Acres 636.8
Addrc,'is/eenerallocation of subiect property:
One mile north of Immokalee Road, north of the Olde Cypress I)UD and east of Quail Creek
Zoning land use
N PUD Parklands Vacant
S PUD!Olde Cypress Residential/Golf Course
E PUD Marasol Vacant
W PUO Quail West/Golf Course
Does the owner of the subject propel1y own propel1y contiguous to the subject property? If so,
give complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Secti on!T ownship IRange
N/A
/
/
lot:
Plat Book
Block: Subdivision:
Page #: Property 1.0.#:
Metes & Bounds Description:
,~~~m~$j~~N~~Y~~~t,;;~j~Am'
Has this Master Plan received any previous extension(s)? 0 YES [2J NO
If YES, please indicate the date of approval{s) and submit a copy of the
Board of County Commissioners' approval.
Was the planned development proposed for two or more phases? n YES [gJ NO
If YES, please provide a copy of the approved phasing schedule.
PUD Extension Applicalion
Has the Master Plan sunsened? 0 YES [gj NO
If NO, please indicate the date that it wUl be sunselted: March 9. 2007
explain why the Master Plan will be allowed to sunset:
The PUD is not proposed to sunset.
Agenda Item No. Be
November 14. 2006
Page 17 of 511
and
If YES, please explain why the Master Plan Was allowed to sunset: See cover letter
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.
TelafinG was oliainally rezoned by ordinance 01-71 and subseauently rezoned bv ordinance 04-15.
Is the extension requested for: 0 the 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 concurlency requirements.
Please see cover letter
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.
Please see cover letter
Does the development shown on the Master Plan place an unreasonable burden on essential public
facilities? Please explain.
See cover letter
PUD Extension Application
[tern Nc.. 8e::
14 2006
180f511
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, nowever, many
communities hove 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 restrict1ons.
Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on
this property within the last year? 0 Yes ~ No
If so, what was the nature of that hearing? A Developer Contribution Aqreement is scheduled to ao before
the B.C.C. in 2006 for this P.U.D. Hearina willlikelv be held before this application is scheduled.
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 "dosed" when the
petitfoner withdraws the application through written notice or ceases to supply necessary information to continue
processinq or otherwise actively pursue the rezonino for a period of six (6) months. An application deemed
"closed" wilt not receive further processing and on application "closed" through inactivity shall be deemed
withdrawn. An application deemed "closed" may be re-opened by submitting a new application, repayment
of all application fees and granting of a determination of "sufficiency". Further review of the project will be
subiect to the then current code. (LDe Section lO.03.05.Q.)
GENERAL INSTRUCTIONS
Application information must be clearly printed or typed. AI! material must be legible and completed
in full. All requirements must be subm[tted as indicated below, unless otherwise determined during the
pre-application meeting.
GENERAL APPLICATION
To be completed in full.
PRE~APPLlCA liON MEETING NOTES
Provide copies of notes taken at pre-applicotlon meeting
PROJECT NARRATIVE
Provide a written statement describing how the criteria listed in subsection 10.02.1 2 of the land
Development Code have been met.
PUD Extension Applicalion
ADDRESSING CHECKLIST FORM
Must be completed and approved by the Addressing Deportment, 2800 North Horseshoe Drive,
Naples, Florida 34104. Phone (239) 403-2482, FAX (239) 659-5724
Aqenda Item r'~o. 8e
N'ovember 14,2006
Page 19 of 511
PUD DOCUMENT
Original PUD approval ordinance.
FEES
Required fee in the amount of $1,000.00 per current Fee Schedule. Check sholl be mode payable to:
Collier County Boord of Commissioners.
AERIAL PHOTO
Whether or not on EIS is required, two copies of a recent aerial photograph, (token within the previous
twelve months), minimum scole of one inch equals 400 feet, shall be submitted. Safd aerial shall
identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with
Florida Deportment 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 0 calculation
and location(s} of the required portion of native vegetation to be preserved (per LDC Section
3.05.07).
OWNER/AGENT AFFIDAVIT
Affidavit signed by owner authorizing agent to act as representatIve. Must be signed and notarized.
WARRANTY DEED
A copy of the lost 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 pion no larger thot 24" X 36", drawn to 0 maximum scale of 1 Inch equals 400 feet, [and one reduced
8 lj'/' X 11" copy] depicting the following:
.
011 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 (os well as location of existing utility services to the site
.
proposed and/or existing landscaping and buffering as may be required by the County
PUD Extension Applicali OIl
.Aaenda Il~,m ~~o. 8e
OTHER rJovember 14, 2006
. . . . . . . Paqe 20 of 511
After initial review of the request, stoff 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 Collter 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 Exlension Application
Agenda Item No. 8e
t~ovember 14, 2006
11
THIS COMPLETED CHECKLIST IS TO BE SUBMlrrED WITH APPLICATION PACKET
No. of Copies
018
018
~ 18
~ 18
~ 18
[gJ18
~ 18
(g]2
[gJ2
19]
[2g 18
~ 18
[gJ18
~2
[gJ18
Completed ApplicaUon
Pre~Applicatjon Meeting Notes
Master Plan 24" X 36"
Master Plan 8 '/:," X 11" (See Exhibit A in Ordinance 04-l5)
Approved PUD Ordinance (Ordinance 04-15)
Warranty Deed or Contract for Sale (See Exhibit B in Ordinance 04-15)
Owner/Agent Affidavit, signed & notarized
Aerial Photos with Habitat Areas Identified (See FLUCCS & wetland aerial)
Addressing Checklist
Required Fees (See enclosed c1leck # 00000814)
EIS (older than 5 years ok lor this purpose per environmental reviewer)
Traffic Impact Statement (See 2001 tra/fic study)
Utility Provision Statement (See Mr. Duane's narrative)
Current Listed Species Survey
Proposed DCA Agreement
As the authorized agent/applicant for this petition, I attest that all of the information
indicated 011 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.
~-4P.d AL~_ ~M<'~
Agent/Applicant Signature "
PUD Extension Application
'~)
ORDINANCE NO. 04- --LL-
AN ORDINANCE AMENDING , ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLlJER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 8616N AND BY
CHANGING TIlE ZONING CLASSIFJCA TION OF THE
HEREIN DEsCRffiED REAL PROPERTY FROM "PUDN
TO "POO" PLANNED UNIT DEVELOPMENT KNOWN
AS TERAFJNA POO, FOR PROPERTY LOCATED
APPROXIMATELY ONE MILE NORTH OF
JMMOKALEE ROAD (CR 846), EAST OF THE QUAIL
CREEK SUBDIVISION AND NORTH OF THE OlD
CYPRESS PUD, IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 637 ACRES; PROVIDING
FOR TIll REPEAL OF ORDINANCE NUMBER 01-71,
THE FORMER TERAFINA PUD; AND BY PROVIDING
AN EFFECTIVE DATIl.
P.GJ::Ja ~~i~~~C
r"TO\ieITlber ~ 4. 2006
Page 22 of 511
Ie- ~.~
, '
-"" ...
~':-I
> ,
r,;
17.
... ""-.
(.. ~
0--> -. ~; 1
;.~:..: :; J
6~i
l>f11 -.J
'':.J
WHEREAS, Roben L. Duane of Hole Monles,lne., representing GLH Development LLLP,
petitioned the Board of County Commissioners 10 change the zoning classification of th.e herein
~crib:~_real prop.e.rty.
NOW, THEREfORE, BE IT ORDAINED BY Ihe Doard of COllnty Commissioncrs of
Collier County, Florida, that:
SECTION ONE:
\
';
{
111e zoning classification of Ihe hercin described real property located in Section 16,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to .PUD"
Planned Unit Development in accordance with thePUD Document, attached hereto as Exhibit "A",
which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map
Nmnber 8616N, as described in Ordinance Number 91-102, the Collier County Land Developmcnt
Sf-CHON TWO:
Code, is hereby amended accordingly.
Ordinance Number 01-71, known as the Tcrafina PUD, adopted on November 27,2001, by
the Board of Counly Commissioners of Collier County, is hereby repealed in its entirely.
.'
Page I of 2
})UD EX-2006-AR-961 0
PROJECT #2002050014
DATE: 4/27/06
MELISSA ZONE
Agenda Item No. 8e
November 14, 2006
Page 23 of 511
(' )
l,,/
SECTION TIIREE:
This Ordinance shall become effective UpOD filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~ day of H cuch . 2004.
ATIEST:"'",
.,' .p~(~at.~~~lC, CLERK
:' f~ .~.' ..(~~~ :."..% \
: .~. " 0,' ':'-' ,'j.-;.,., , " 0 "
: ='1: jy~l~.f/i"f'"\ P':',..~, ~
: ... '" : ~ ,!~:,.I; ~\~~) ~.> ~
1- Uf-!,' . ..... "" ~. . 0
~U~~. .:Jt"
'~ ~~ ..... Att"~ .:..- ',- .. . .
,%-. ":t.~. l"NIIl
". . .t.fgIJ~,., .~,.
J\.lIpr~Y~;lls to }lonn and
Legal Sufliciency
BOARD OF COUNTY COMMISSIONERS
COlliER COUNTY, FLORIDA
BY, ~ c:I~
DONN FIALA, CHAIRMAN
.f.- .
'1Y\L~~~ ,In. ~
Maljori , Student
Assistant County Attorney
ThIs ordll'lClnce filed with the
Secretory of Stote's Office thll
~ doy 01"fl1(', fl.( -h ...a..aa.!:J
and acknowledgement of thut
filing ,Ilcelye(\ this ~;:... cloy
Of~~~
B ' '.-taJa.:i 'A"b CJ
Doc>JIY (INto
J
PlJDZ-2003-AR-4S2SIR DJ101,~
Page 2 of 2
/\genda 11em fJo, 8e
f\JOvember 4, 2006
24of511
~~)
TERAFINA
A
PLANNED UNIT DEVELOPMENT
PREPARED ny:
)
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
HM PROJECT t 995087
REVISED BY HOLE MONTES ON JUty 25,2003
REVISED BY HOl.E MONTES ON NOVEMBER 29t 2001
REVISED BY COLLIER COUNTY ON OCTOBER 23, 200t
REVISED AUGUST 9, 2001
Rfo:VlsEDJuLY,200t
REVISED JUNE, 2001
REVISED FEBRUARY, 2001
DECEMBER, 2000
Date Reviewed by cepc:
Date Approved by BCe: :1-q - ;}Co1
Ordinance No. dCD'1 -I 5
Amendments & Repeals 0 l- '1 \
}
.._.J
Exhibit "AU
F:\PUD DOCllmenls\Tcralina\}.11.04clen!1,doc
~
C)
SECTION I ."
SECTION II
SECTION ill
SECTION IV
SECTION V
SECTION VI
SECTION vn
) SECTION VIll,
,f\genda Item No, Be
i-Jovember 14. 2006
Page 25 of 511
TABLE OF CONTENTS
Page
Statement of Compliance. ................................. ........................ ....3
Property Ownership, Legal Description, Short Title and
Statement of Unified ControL......... ........................... ....................4
I
Statement of Intent and Project Description....... .~............. ...................5
General Development Regulations.. ... ..............................................6
PreseIYe Area Requirements........... ............... ... ........ ............. n.... .16
Permitted Uses and Dimensional Standards for Residential
Development....,........... .......... ........ ........ ...... ..... ...,.... ......... ........,................ ......18
Permitted Uses and Dimensional Standards for the Recreation Center
and Commercial Uses..... ............... ,........,...... ....... .......... ....... n. ....22
Development Commitments................,..,..................................... ..27
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
Exhibit C - Cross Section of Shared Buffer Area between the Olde Cypress PUD and Terafina
2
F:\PUD DocumrnlsITcrafina\3-II.04dcan.doc
Item fJo, 8e
1!i 2006
Page 26 of 51 1
:).
SECTION I
STATEMENT OF COMPLIANCE
The development of 636.8 acres of property in Section 16, Township 48 South. Range 26 East, Collier
County, Florida, as a Planned Unit Development to be known as the Terafina PUD, will be in compliance
with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The
residential component of the project will be consistent with the growth policies, land development
regulations and applicable comprehensive planning objectives of each of the elements of the Growth
Management Plan for the following reasons: .
1. The property is located in the Urban Mixed Use District, Urban Residential Sub-dislrict as depicted on
the Future Land Use Map. The proposed gross density of 1.3 dwelling units pcr acre is consistent with
the Future Land Use Element of the Collier County Management PJ~ which allows up to fOllr (4)
dwelling units per acre at this location or a maximum of2,586 dwelling units. The proposed density is
based on the original acreage contained in the PUD (646 acres at the time oflheinitial zoning approval)
prior to the dedication of :1:9.2 acres for the extension of Logan Boulevard along the Terafina Logan
Boulevard road frontage. The total number of dwelIing units proposed is eight hundred and fifty (850)
on :1:168 acres proposed for residential use.
)
2. The subject property's location in relation to the existing or proposed community facilities and services
supports the development's residential density as required in Objective 2 of the Future Land Use
Element.
3. The proposed development is compatible with and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable land development regulations as set forth
in Objective 3 ofthe Future umd Use Element.
5. The proposed development will result in an efficient and economical extension of community facilities
and services as required in Policy 3.1. G of the Future Land Use Element.
6. The project is planned to incorporate natural systems for water management purposes in accordance with
their natural functions and capabilities as required by Objective 1.5 ofthe Drainage Sub-Element ofthe
Public Facilities Element.
7. AtI final development orders for this project are subject to the Collier COtmty Concurrency Management
System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land
Development Code (LDC) and further required by Policy 2.3 of the Future Land Use Element.
8. The proposed 5,000 square [(.let of Convenience CommerciaVNeighborhood Village Center Uses located
within the Rccreationa I Center/Neighborhood V iUagc Commercial Center depicted on the PUD Master
Plan is consistent with the Future Land Use Element PUD Neighborhood Village Center Subdistrict
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Agenda Item [\10. 8e
November 14. 2006
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SECTION n
r'
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PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PHYSICAL DESCRIPTION, SHORT mLE
AND STATEMENT OF UNlFIED CONTROL
2.1 Prouertv OwnershiR
The property to be rezoned is owned by:
GLH Development, LL.L.P, By: G L, Homes ofNapJes Associates II, Ltd., the General Partner of
GLH Development, L.LL.P. By: G .L. Homes ofNapJes II COIporation, the General Partner ofG.L,
Homes ofNapJes Associates n. Ltd.
2.2 Legal Description
The property to be rezoned is described as follows:
Section 16, Township 48 South, Range 26 East, Collier County, Florida, Jess and except the west 80'
thereof (conveyed to Collier County by that certain W manty Deed recorded in Official Record Book
3052, Page 0750), and, more particularly described in Exhibit "B"
2.3 General Description of Property
The property is located approximately 1.5 miles east ofI-7S, and 1 mile north oflmmokalee Road.
Physical Description
)
The subject property is vacant at the time of the application for rezoning. This site currently drains
from the nortbeast to the southwest. Soil types on the site are (3) Malafar Fine Sand; (7) lmmokalee
Fine Sand; (14) Pineda Fine Sand and Limestone Substratum; (21) Boca Fine Sand; and (25) Boca.
Rivieria, Limestone Substratwn. and Copeland Fine Sands, depressional (16) Oldmar Fine Sand (1 0)
Oldsmar Fine Sand Limestone Substratum. The property is located in Flood Zone X.
The zoning classification prior to the date of approval of this PUD was PUD.
2.4 Short Title
This Ordinance shall be known and cited as the "Terafina Planned Unit Development Ordinance",
2.5 Statement of Unified Control
This statement represents that the current property owner has lands under unified control for the
purpose of obtaining Pun zoning on the subject property.
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SECTION ill
n
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STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.1
Introduction
It is tbe intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (We).
The purpose of this Docwnent is to set forth the regulations for the future development of the project ,
that meet accepted planning principles and practices. and implement the Collier County Growth
Management Plan.
3.2 Proiect Description
The project contains 636.8 acres and includes land area for residential development including
preservation areas comprising (:1::.277.74 acres). TIle maximum number of dwelling units pennitted is
eight hundred fifty (850). The project wilI be developed as a mixed use residential community which
may feature an array of dwelling types and a recreation center providing for activities such as
community gatherings and recreational amenities central to the commWlity residents. including
convenience commercial uses.
r-'-)
Access will be provided from an existing sixty-foot (60') wide easement (recorded in O.R. Book
2429. Pages 0275-0282 of tlle Public Records of Collier County Florida) that runs from Immokalee
Road north to the southern property limi t5 of the Terafina proj ect, from there access will be provided,
from an existing 80' right-of-way conveyed to Collier County by that certain Warranty Deed
recorded in Official Record Book 3052. Page 0750 (in compliance with Paragraph 8.2.H of
Ordinance Number 0 1-71 (the original Ternfina PUD Ordinance) located along the western property
line thus providing access to the south to lmmokalee Road and future access for lands located to the
north.
3.3
Land Use Plan and Proiect Phasing
A. The PUD Master Plan provides for areas of commercial and residential use, water
management. retained vegetation and road rights-of-way as depicted on Exhibit 1fA". The
POO Master Plan is designed to be flexible with regard to the placement of buildings, tracts
and related utilities and water management facilities. More specific commitments will be
made at the time of site development plan and permitting approval. based on compliance
with all applicable requirements of this Ordinance, the LDC and local. state and federal
pemlitting requirements. All tracts may be combined or developed separately subject to
compliance with the HpplicabJe dimensional requirements contained within this Document.
B. The anticipated time of build-out ofthe project is approximately eight (8) years from the time
of issuance of (he first building permit, or 2011. However, actual build-out will depend on
market conditions.
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Agenda Item I'~o. 8C
~Jovernber 14. 2006
Page 29 of 511
SECTION N
~)
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to set forth the development regulations that may be applied generally to the
development of the Terafina Planned Unit Development and Master Plan.
4.1 General
The following are general provisions applicable to the PUD Master Plan:
A. Regulations for development of the Terafina PUD shall be in accordance with the contents of
this Document, the PUD Planned Unit Development District and other applicable sections
and parts of the LDC and the ColfierCountyGrowth Management Plan in effect at the time
of issuance of any development order to which said regulations relate which authorizes the
construction of improvements. The developer, his successor or assignee, shall follow the
PUD Master Plan and the regulations of this PUD as adopted and any other conditions or
modifications as maybe agreed to in the rezoning of the property. In addition, any successor
in title or assignee is subject to the commitments within this Document.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the LDC in effect at the time of building permit application.
c.
All conditions imposed and all graphic material presented depicting restrictions for the
development of the Teratina POO shall become part of the regulations that govern the
manner in which this site may be developed.
)
D. Development permitted by the approval of this petition shall he subject to a concurrency
review under the provisions of Division 3.15) Adequate Public Facilities, of the LDC.
E. Unless specifically wai ved through any van ance or waiver provisions of any other applicable
regulations, the provisions ofthose regulations not otberwise provided for within this PUD
remain in full force and effect. In the event of conflict between the provisions of this pun
and the LDC, the provisions of this POD shall govern. Items not specifically regulated by
this PUD Ordinance shan comply with the provisions of the LDC.
4.2 Site Clearing and Draina~e
Clearing, grading, earthwork, and site drainage work shall be perfonned in accordance with the LDC
and the standards and commitments of this Document in effect at the time of construction plan
approval.
4.3
Easements for Utilities
Easements, where required, shaH be provided for water management areas, utilities and other
purposes as may be required by Collier County. All necessary easements, dedications or other
instruments shall be granted to ensure the continued operation and maintenance of all services and
utilities. Those documents shall be in compliance with the applicable regulations in effect at the
time construction plans and plat approvals are requested. Easements dedicated to Collier County
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shall be counted toward the County's open space and the retention of native vegetation requirements.
()
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4.4
Protect Plan Aoproval Requirements
Exhibit II A". the PUD Master Plan, constitutes the required PUD development plan. Subsequent to.
or concurrent with PUD approval. a preliminary subdivision plat (ifrequired) shall be submitted for
the entire area covered by the PUD Master Plan. All division of property and the development ofthe
land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC.
Prior to the recording of the final subdivision plat, final plans of the required improvements shaH
receive the approval of all appropriate Collier County governmental agenc~es to ensure compliance
with the PUD Master Plan, the County subdivision regulations and the platting laws ofthe State of
Florida.
Prior to the issuance of a bui Iding permit or other development order, the provisions of Section 3.3
of the LDC, Site Development Plans, shall be applied to all platted parcels. where applicable.
Should no subdivision ofland occur, Section 3.3 ofthe LDC shall be applicable to the development
of all tracts as shown on the PUD Master Plan.
4.5
Provision for Off-site Removal ofEarthcn Material
r')
The excavation of earthen matcrial llild its slod.1>iling in preparation of water management facilities
or to otherwise develop water bodies is hereby pennitted. If, after consideration offiU activities on
buildable portions of the project site, there is a surplus of eartJlen material, off-site disposal is also
permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "development excavation"
pursuant to Subsection 3.5.5.1.3 of the LDC, wherebyoffsite removal shall not exceed ten
(10) percent ofthe total volume excavated up to a maximum of20,000 cubic yards.
B. A timetable to facilitate said removal shall be submitted to the Zoning Director for approval.
Said timetable shall include the length of time it will take to complete said removal, hours of
operation and haul routes.
c. All other provisions ofSectioll 3.5 of the LDC are applicable.
4.6 Lake Excavation and Set Back Requirements
Lakes shall conform to the requirements described in Subsection 3.5.7.1.1 and Subsection 3.5.7.1.2
of the LDC. A zero (0) foot set back shall be permitted for stmctures adjacent to lake maintenance
easement areas.
4.7 Sunset and Monitoring Provisions
The Terafina PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD
Master Plans~ and Section 2.7.3.6, Monitoring Requirements.
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4.8
Polling Places
Polling places shall be provided in accordance with Subsection 3.2.8.3.14 of the LOC.
4.9 Native Ve2.etation
The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and
Preservation of the we for the subject property. The preserve areas depicted on the PUD Master
Plan compris.e a total off:277.74 acres or forty~three (43) percent ofthe total site area and exceed the
minimum preservation area requirement of twenty-five (25) percent.
4.1 0 Open Suace
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be
allocated within eacb subsequent development area. Open space may be in the form of landscaping,
additional buffers, passive or active recreation areas and water management facilities. The total
aggregate of such open space areas shall meet or exceed the open space requirements of Section
2.6.32 ofthe LDC.
4.11 Archaeolocical Resources
The developer shall be subject to Subsection 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the eVt:nt such resources are located on the property.
,)
4.12 Common Area Maintenance
Common area maintenance, including the maintenance of common facilities, open spaces, and water
management facilities, shall be the responsibility of a homeowners' association to be established by
the developer.
4.] 3 Architectural and Site Dcsifm Standards
Development of commercial facilities within the recreation center shall meet the requirements of
Division 2.8 of the LDC.
4.14 Shma~e
A. General
1. All signage shall be in accordance with Section 2.5 of the LDC. unless such
regulations are in conflict with the conditions set forth in this Section. In that case.
the Teratina Planned Unit Development Ordinance shall govern.
2. For the purpose ofthe Terafina Planned Unit Development Ordinance, each platted
parcel shall be considered a separate parcel ofland and shall be entitled to any sign as
permitted herein.
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3.
Signs internal to the development shall be permitted in public or private rights-of-
way subject to approval of a Collier County right-of-way permit, where applicable.
,1"-',
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4. An signs shall be located so as not cause sight line obstructions.
5. All internal project rights-of-way 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.
6. Prior to Site Development Plan (SDP) submittal, a uniform sign plan shall be
required that shall indicate signage location, dimensions, an,d architectural style. All
sign age shaH be of a pedestrian scale and shall be of a unifonn character.
B. Boundary Markers
1. One boundary marker may be located at each property corner for a total of two (2).
adjacent to the Logan Boulevard. rights-of-way. The boundary marker may contain the
name of the project, and the insignia or motto ofthe development. The sign shall be set
back a minimum of 50 feet from the southern andlor northern perimeter property line.
The area of the project name shall not exceed 16 square feet.
2. The setback from any public right-of-way and any perimeter property line shall be (ten)
1 0 feet.
'--)
3. Boundary markers may be lighted provided all lights shall be shielded in a manner that
prevents direct glare onto adjacent roadways or residences.
c.
Proiect Entrance Signs
1. Two ground or wall-mounted entrance signs may be located at the entrance of the PUD
on Logan Boulevard and shall not exceed 40 square feet in size. Such signs may contain
the name of the development, the insignia or motto of the development, and the
developer's name.
2. Where one ground or wall mounted sign is provided the sign face area shall not exceed
80 square feel. lfthe sign is a single, two-sided sign, each sign face may not exceed 40
square feet in area. The sign face area shall not exceed the height or length of the wall or
monument upon which it is located.
3. The setback for project entrance signs from the public right-of-way and any perimeter
property line shall be 10 feet.
4. Project entrance signs shall not exceed a height of 10 feet above the finished grade level
of the sign site. For the purpose of this provision, finished grade shan be considered to
be no greater than the highest crown elevation of the nearest road.
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Agenda Item No, 8e
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D. Construction Entrance Signs
C)
1.
One sign, a' maximum of 20 square feet is size. shall be pennitted at each
construction entrance, to identify the entrance as a construction vehicle entrance, No
building pennit is required.
E. Internal Signs
1. Directional or identification signs may be allowed internal to the development. Such
signs shall'be used to identify the location or direction of approved uses such as, but
not limited to, models or model sales centers. club hous~, or recreational areas.
Individual signs shall be a maximum of 8 square feet per side in size. or signs
maintaining a common architectural theme may be combined to fonn a menu board
with a maximum size of 24 square feet per side, and a maximum height of 8, feet.
There shall be no maximum number of permitted directional or identification signs.
2. Real estate signs with a maximum of 4 square feet per side may be permitted in
residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #,', or
similar verbiage. NQ building pennit is required.
F. Recreation Center Signs
1.
Signs within the recreation center tract shall be subject to the provisions of Section
4.14 A and E of this Ordinance. Signagc within community recreation tracts shan
not be visible from any public road right-of~way,
,..)
G. Traffic Signs
1. Traffic signs such as street signs, stop signs and speed limit signs shall be designed to
reflect a common architectural theme. 111e placement and size of signs shall be in
accordance with DOT criteria.
4.15 Off Street Parking and Loading
All off street parking and loading facilities shall be in accordance with Division 2.3 of the LDC.
4.16 Landscaping
All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and
perimeter buffering shall be provided in accordance with Section 2.4.7 of the LOC. However, the
landscape buffer area along the south property line outside the flow-way shall be constructed in
accordance with Exhibit C.
4.17
Work Force Housing
)
The owner of the subject property shall provide 10 Collier County at no cost up to 1,736 dwelling
units for the purpose of assisting the County's work force housing program. The transfer of the
remaining density and number of dwelling units to be made available for work force housing is based
on the original acreage contained in the PUD (646 acres at the time of the initial zoning approval)
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prior to the dedication of:!:9.2 acres for the extension of Logan Boulevard along the Terafina Logan
C) Boulevard road frontage. When a work force housing program is developed to utilize the transferred
'-.../ units, those dwelling units may be transferred to other locations under any tenns and conditions the
County deems necessary to achieve the goals of the work force housing program.
4.18 SidewalksIBikepaths
A. "Pursuant to Subsection 3.2.8.3.17 of the LDC and the following, sidewalkslbike paths
provisions shall be pennitted as follows:
I. An internal pedestrian walkway system is permitted within drainage easements.
.
2. Sidewalks may be located outside platted rights-of-way, when located within a
separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or easements; however,
the landscape buffer shall be increased in width by an amount equal to the
encroachment, at the point of encroachment.
)
4. The primary project entry road and main spine road system shall have a minimum
eight foot (8') wide palhway on one side of the street and a five foot (5') pathway on
the other side of the street, or in the alternative a five foot (5') wide pathway on both
sides of the street, which may meander in and out oCthe right-of-way.
Streets and access improvements
4.19
A. Street Right ofWav Width
Street right of way width: The minimum right of way width to be utilized for local streets
and cul-de-sacs shall be fifty (50) feet. Drive aisles serving multi.family tracts shall not be
required to meet this standard.
B. Dead-end streets
Cul~de-sacs may exceed a length of one thousand 0,000) feet.
C. Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum of twenty (20) foot
radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for
intersections at project entrances.
D. Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on any project streets.
4.20 Model Homes I Sales Centers / Sales Offices I Construction Offices
A. Construction Offices
1. A temporary use permit shaH be granted initially for a period not to exceed 48 months
in length pursuant to the additional requirements of Subsection 2.6.33.3 of the LOC.
The Zoning Director may extend the tempormyuse permit for a time period equal to
the date of the issuance of the last certificate of occupancy for the project.
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B.
2. The model homes may use septic t8nks or holding tanks for waste disposal subject to
permitting under Rule 64E06, Florida Administrative Code and may use potable or
inigaiion wens. Offices located in pennanent structures shall be required to connect
to the central utility system at the time it becomes available.
Model Homes. Sales Centers. and Sales Offices
1. Model homes, sales centers, and sales offices shall be pennitted principal uses
throughout Terafina PUD.
2. Model homes shall be 'wet" or "dry" facilities.
8. "Wet" facilities may be occupied by a sales office and/or representative.
b. "DrY' facilities shall be unoccupied by a sales office and/or representative~
c. Transportation to and from unoccupied model homes shall be provided at a
sales center, which also provides required parking and handicapped
accommodations in accordance with Subsection 2.6.33.4.1.] 1 of the LOC.
3. Temporary use permits for model sales centers and sales offices that are located in
penn anent structures, other than dwelling units and dry model homes, shall not be
required.
4. Temporary use permits for (a) model sales centers, (b) sales offices located either in
permanent structures, within a dwelling unit, or in a temporary structure, (c) sales
offices located in multi- family structures, and ( d) wet model homesshaJl be required.
a. The temporary use permit shall be issued initially for a period of four (4)
yeffi's. Extensions in excess of this period shall require submittal and
approval ofaconditional use petition in accordance with Section 2.7.4 ofthe
LDC, except where the model sales center, sales office, or wet model home is
single family detached stmcturcs and are located within a "model home row",
In that case, the Zoning Director may extend the temporary use permit for an
additional year, and annually until the project is built out.
5. A model sales center or sales office shall require an approved site plan as follows; in
the case of a pennanent structure which is a detached single family dwelling unit, a
conceptual site plan (CSP) which addresses the requirements of Subsection
2.6.33.4.1.11 of the LDC; in the case ofa permanent structure which is other than a
dwelling unit, a site development plan (SOP); in the case of a temporary structure
(mobile home or sales trailer), either a conceptual site plan (CSP) which addresses
the requirements of Subsection 2.6.33.4.1.1 ) of the LDC, or a site improvement plan,
depending on the extent of the work required. All other dweIIings \Ulit types require
SDP approval.
6. A maximum oftwelve (12) model homes shall be pennitted within this development
prior to final plat approval as pennitted above. Model homes to be located within a
detached single-family dwel1ing unit may be approved following administrative
approval of a piat and construction drawings for all required infrastructure
encompassing the lots on which the models are to be constructed pursuant to
Division 3,2 of the LDC. Temporary use permits for units used for sales centers in
multi-family projects shall not be issued prior to plat recordation and final approval
of the project site development plan.
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"..)
Unoccupied or dry model homes shall be pennitted only in conjunction with an
approved site development plan for a model sales center which provides adequate
parking 10 support the rnodel(s). Temporary use pennits for occupied (wet) model
homes shall require a conceptual site plan which addresses the requirements of
Subsection 2.6.33.4.1.11 ofthe LOC.
8. These structures may use septic tanks or holding tanks for waste disp~sal sU,bject to
permitting under Rule 64E06, Florida Administrative Code and may use potable or
irrigation wells prior to the availability of the central utility system. When the central
utility system is available, connection to the central system shall be made.
9. All other applicable provisions of the LDC pertaining to mo~el homes, sales centers,
sales offices, and conshuction office shall apply.' '
4.21 Changes and amendments to PUD Document or PUDMaster Plan
Changes and amendments may be made to this PUD Ordinance and 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 permit application required by the LDe.
The Zoning Director shall be authorized to approve minor changes and refinements to the Terafina
Master Plan upon written request of the developer. The PUD Master Plan is a conceptual plan
containing approximate acreages of each land use. The actual acreages shall be detennillcd at the
time of preliminary subdivision plat or site development approval and shall be consistent with
jurisdictional agency determinations.
A. The following limitations shall apply to such requests:
] . The minor change or refinement shall be consistent with the Collier County Growth
Management Plan and the Terafina POD Document.
2. The minor change or refinement shall not constitute a substantial change pursuant to
Subsection 2.7.3.5.1 of the LDC.
7.
~
3. The minor change or refinement shan be compatible with adjacent land uses and shall
not create detrimental impacts to abutting land uses, water management facilities, and
conservation areas within or external to the PUD.
B. The foHowing shall be deemed minor changes or refinements:
1. 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.
2. Internal realignment ofrights-of-way, other than a relocation of access points to the
pun, except where the access point is required by the appropriate jurisdictional
agency.
4. Reconfiguration of residential and recreation parcels when there is no net loss to
areas identified as conservation or preserve.
C. Approval by the Zoning Director of a minor change or refinement may occur independently
from and prior to any application for subdivision or site development plan approval. Sueh
approval shall not constitute an authorization for development or implementation of the
minor change or refinement without first obtaining all other necessary County pennits and
approvals.
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4.22 Landscape Buffers. Berms. Fences. and Walls
Landscape buffers, benns, fences, and waJls are generallypennitted as a principal use throughout the
Terafina project. The following standards shall apply:
'- )
A.
Landscape bems shall have the following maximum side slopes:
1. Grassed benns: 4: 1
2. Ground covered bcons: Internal to project - 3: 1.
3. Rip-rap benns: 1: 1 with geotcxtile mat.
4. Structural walled berms: vertical
Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation
ofthe nearest residential structure within the development. If the fence or wall is constructed
on a landscaped benn, the wall shaJl not exceed six feet (6') in height from the top of berm
elevation for berms with an average side slope of not greater than 3:1 ratio.
Entry gates, columns ,and control gates and structures shall be limited to a maximum height of
thirty-five (35) feet at the project entrance. Landscape buffers, benns, fences and walls maybe
constructed along the perimeter ofthe T crarma PUD boundary prior to preliminary subdivision
plat and site development plan submittal, however, the required landscape plans shall be
submitted to the Planning Services Department for its review and approval prior to installation.
Sidewalks may be located within landscape buffers Bnd/or easements; however, the
landscape buffer shall be increased in width by an amount equal to the encroaclunent, as
measured at the point of encroachment.
A thirty (30) foot wide shared buffer shall be provided between the Terafina project and the
Olde Cypress project to the south outside ofllie flow way areas depicted on the PUD Master
Plan in accordance with Exhibit HC" of this Ordinance.
B.
c.
D.
E.
4.23 Fill Storage
Fill storage is generally permitted as a temporary principal use, not to exceed 36 months, throughout
the Terafina PUD. Fill material generated may be stockpiled within areas designated for residential
development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit,
along with plans showing the locations and cross-sections ofthe fiU storage areas shall be submitted to
Collier County Planning Services Staff for review and approval. The f?Uowing standards shall apply:
A. Stockpile maximum side slope: J: I
B. Stockpile maximum height: thirty-five (35) feet
C. Fill storage shall not be pemlitted in Preserve Areas.
4.24 General Permitted Uses
Certain uses shall be considered general permitted uses throughout the Teraf'ma PUD except in the
Preservation Areas. General permitted uses are those uses which generally serve the developer and
residents of the Terafina project and are typically part ofthe common infrastlUcture or are considered
community facilities,
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A. General Pennitted Uses:
Essential services as set forth under Subsection 2.6,9.1 ofthe LDe.
Water management facilities and related structures.
Temporary sewage treatment facilities.
Lakes, including lakes with bulkheads or other architectural or structural bank
treatments.
Guardhouses, gatehouses, and access control structures.
Community and neighborhood parks, recreational facilities.
Temporary construction, sales, and administrative offices for the developer and the
developer's authorized contractors and consultants, including necessary access ways,
parking areas, and related uses.
8. Landscape features including, but not limited to, landscape buffers, berms, fences,
and walls subject to the standards set forth in Section 4.22 of this PUD ordinance.
9. Stock pile storage subject to the standards of Subsection 3.5.7.1 0.10 of the LDC.
10. Any other use, which is comparable in nature with the foregoing uses, consistent with
the pennitted uses of this PUD, as detemlined by the Board of Zoning Appeals.
B. Develooment Standards:
Unless otherwise set forth in this Document, the following development standards shall apply
to structures:
0 1.
2.
3.
4.
5.
6.
7.
~-,.)
'-
\
----/'
J.
Setback from back of curb or sidewalk or edge of pavement of any road (whichever is
more restrictive) - twenty-three feet (23 ') except for guard houses, gatehouses, and
access control structures which shall have no required setback.
Minimum distance between unrelated structures -twelve feet (12')
2.
3. Maximum height of structures - See Table I, Development Standards
4. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein are to be in accordance with the LDC in effect at the time of
site development plan approval.
5. All principal structures shall have a minimum setback of twenty-five (25) feet from
the property line of any preserve. Accessory structures and all other site alterations
shall have a minimum of a tcn (10) foot setback from the property line.
F:\PUD Documcnls\Terafina\3-II-04cJean.doc
15
Aaenda Item No. 8e
rJovember 14, 2006
Page 39 of 511
SECTION V
n
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PRESERVE AREA REQUIREMENTS
5.1
PURPOSE
The purpose of this Section is to identity development standards for the Preserve Areas as shown on
Exhibit "A", PUD Master Plan.
5.2 PERMITTED USES
The PUD Master Plan provides for (-:!:277.74) acres for upland and wetland' preserve areas. or forty-
three (43) percent of the total site area. Minor adjustments may be made to the boundaries of
preserve areas based on wetland permitting considerations.
No building, structure or part thereof, shaH be erected, altered or used. or land used, in whole or par4
for other than the following structures in accordance with Policy 6.2.6 of the Conservation and
Coastal Management Element of the Growth Management Plan:
A. Permitted Principal Uses and Structures
1.
2.
\
- / 3.
4.
5.
Passive recreation areas, boardwalks and recreational shelters;
Biking, hiking and pervious nature trails;
Water management structures;
Mitigation areas;
Any other use, which is comparable in nature with the foregoing uses, consistent with
the permitted uses of this PUD as determined by the Zoning Board of Appeals.
B. Development Standards:
I. Minimum Yard Requirements
a. Principal structures shall be required to have a minimwn setback of twenty-five
(25) feet from preserve areas. The POO Master Plan has generally provided for
a twenty-five foot setback from wetlands within the boundary of the preserve
area. At the time ofPSP approval further documentation shall be provided that
the twenty-five (25) foot setback will be maintained for principal structures
from wetland areas.
16
F:\PUD DOCllTl\ents\Tcrafina\3.11.04clcan.doc
!:J. (l'.....n,r-f..... i i'o.m. 1';0 /0;(""':,
{'f..... vel, I".........! \ '<;; r--' ',.,--.:::
1'>JovernDer 14 LOut>
40 of 51
o
b.
Accessory structures shall be required to have a minimum setback often (10)
feet from preserve areas. unless it can be demonstrated that the structure will
not adversely impact the integrity of that preserve. The PUD Master Plan has
generally provided for a twenty-five foot setback from wetlands within the
boundary of the preserve area. At the time of PSP approval further
documentation shall be provided that the ten (10) foot setback will be
maintained for accessory structures from wetland areas.
2.
Maximum Structure Hei l?:ht
Twenty five (25) Feet
.'..-.-..
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17
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,iI,aenoa Item r'~o. 8e
rJovelTlber 14. 2006'
Page41of511
SECTION VI
C~)
PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT
6.1 Purpose
The purpose of this Section is to identifypennitted uses and development standards for areas within
the Terafma PUD designated forresidential development on the PUD Master Plan, Exhibit "Alt.
6.2 Maximum Dwelling Units
.
A maximum of eight hundred and fifty (850) dwelling units are permitted on areas designated "R" on
the PUD Master Plan. DweIJing units may be single family or multifamily.
6.3 General Description
The PUD Master Plan designates the fonowing uses for the general use designations on the Master
Plan. .
TYPE OF USE AMOUNT OF PERCENT OF
ACREAGE TOTAL ACREAGE
1. Residential 167.87 acres 26.83 %
2. Neighborhood Village! 7.21 acres 1.13 %
Recreation Site
) 3. Rights-of-Way 45.25 acres 7.11 %
4. Lakes 86.94 acres 13.65 %
5. Preserve Areas 67.32 acres 10.57 %
6. Preserve Flow ways 210.42 acres 33.05 %
7, Open Spacc 51. 71 acres 8.12%
TOTAL: 636.72 acres 100.00 %
The approximate acreage of the residential areas is depicted on the PUD Master Plan, Actual
acreage of all development tracts will be provided at the time of site development plan or final
subdivision plat approval in accordance with Division 3.3, and Division 3.2, respectively, of the
LDC. Residential areas are designed to accommodate internal roadways, open spaces, recreational
amenity areas, water management facilities, and other similar uses typically found in residential
areas.
6.4 Permitted Uses and Structures
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
part, for other than tbe following:
A. Principal Uses:
)
~'
1.
2.
3.
Single family detached dwellings
Zero-lot line dwellings
Two-famiiy and duplex dwellings
18
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Agenda 11em No, Be
r~oveillben4- :20G6
Page 42 of 511
:)
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4.
5.
6.
Single family attached and townhouse dwellings
Multi-f.'U1lily dwellings, including garden apartments
Recreational facilities such as parks, play grounds, and pedestrian
sidewalkslbikepaths
Model homes and sales centers
Any other use, which is comparable in nature with the foregoing uses, consistent with
the pennitted uses ofthis PUD as determined by the Zoning Board of Appeals
7.
8.
B. Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal residential uses
pennitted in this subdistrict, including recreational facilities, maintenance facilities,
recreation center, swimming pools, spas, screen enclosures, recreational facilities
designed to serve the development, and essential services.
2. Any other use, which is comparable in nature with the foregoing uses, consistent with
the permitted uses of this PUD as determined by the Zoning Board of Appeals.
--)
)
"
19
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()
-~)
Aaenda Item No, 8e
~..rovernber 14. 2006
Page.:13 of 511
6.5 Development Standards
TABLEl
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMlTIED USES AND SINGLE ZERO TWO SINGLE MULTI-
STANDARDS FAMILY LOT FAMILY FAMILY ;FAMlL Y
.06' DETACHED LINE & ATTACHED DWElLING
DUPLEX AND
TOWNHOUSE
Minimum Lot Areas 6,000 S.F. 3.500 3,500 S.FY) 3.000 S.F. per lAC
S.F. d.u.
Minimum Lot Width{2} , 50 35 4S 30 100
Front Yard Setback 20(41 15(4) 15(4) 20(4) 20l4}
(principal and aecessorvuses)
Side Yard Setback 6.0 o or 12 00r6 o or 12 .5BH
Rear Yard Setback:_Principat 20 20 20 20 25
- lots back to back.
Rear Yard Setback: Principal 10 to 10 10 i5
- lots abutting lakes easement
areas and common open space
areas
Rear Yard Setback:.Accessory 10 10 10 10 10
Stmctures
Rear Yard Setback: accessory 5 5 5 5 5
pools and spas(5) -lots back to
back.
Rear Yard Setback: accessory 3 3 3 3 3
screen enclosures - lots back
to back.
Rear Yard Setback: accessory 3 3 3 3 3
pools and spas(S} - Jots
abutting Jakee easement areas
and common open snace areas
Rear Yard Setback: accessory 0 0 0 0 0
screen enclosures - lots
abutting lakes easement areas
and common open space areas
Maximum Building Height 35 35 35 35 35
Distance Between Structures N/A N/A N/A 10 .5BH
Floor Area Min. (SF) 1600 1400 1200 1200 1200
Preserve Area Setback: 25 25 25 25 25
Principal Structures
Preserve Area Setback: 10 ]0 10 10' 10
Accessory Stmctures
All distances are in feet unless otherwise noted.
') BH = Building Height
20
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Notes
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.t\;1enda Itenl hlo. 8e
i-JovelTlber 14. 2006
Page 44 of 511
1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square
feet for a total minimum lot area of seven thousand (7,000) square feet.
2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located
on curvilinear streets provided the minimum lot area is stilJ maintained.
3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shaU have a
.., twelve (12) foot sideyard.
4. Setbacks shall he measured from the back ofthe sidewalk to the face of the garage door and
shall be no less than 23 feet. Should the garage door be side loaded, there shall be a 23 foot
wide paved, cleared area on a perpendicular plane to the garage door or plans shall ensure
that parked vehicles will not interfere with pedestrian traffic.
5. AU development lots/units shall meet Sections 2.4.6 and 2.4.7. respectively, of the LDe
standards for minimum landscape and buffers.
A.
Building height shall be the vertical distance from the first finished floor to the highest point ofthe
roof surface of a flat or Bermuda roof, to the deck line of a mansard roof, and to the mean height
level between eaves and ridge of gable, hip or gambrel roof. Accessory buildings shall be limited to
a height oftwenty-five (25) feet above grade,
Development of individual tracts has not been finalized at the time of rezoning with respect to the
particular type of residential dwellings. The location and mixture thereof, will be based upon the
following factors for the hannonious development of each tract with a minimum of interference
between different housing types based on the following criteria,
1. Physical separation of housing types into discrete areas.
2. Landscape or constructed barriers belween different housing types meeting at a minimum the
standards of Division 2.4, Landscaping ofthe LDC.
3. Separation of housing types by common amenities.
Maximum lot coverage will result from the application of the above development standards on
individual lots and no other limitations shall apply to lot coverage for residential structures.
Only single family detached and zero lot line dwelling units are permitted along the southern
property line adjacent to the Olde Cypress POO, outside the flow-way depicted on the PUD Master
Plan.
B.
c.
D.
21
F:\PUD Document~\TerafJna\J -11-04d('~n,doc
Agenda Item 1'-10, 8e
I'~overnber 14. 200'6'
Page 45 of 511
SECTION VII
(-)
'-..r"
PERMIITED USES AND DIMENSIONAL STANDARDS FOR
RECREATION CENTERlNEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES
7.1 Purpose
,'. The purpose of~s Section is to identify pennined uses and development standards for areas
within Terafina PUD designated on the Master Plan as "Recreation Center! Neighborhood
Village Center~.
7.2 General Description
The approximate acreage of tbe Recreation Center is indicated on the PUD Master Plan.
This acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of
tbe LDC. The Recreation CenterlNeighborhood Village Commercial Centeris designed as a
mixed use area which will acconnnodate a variety of active recreational and personal services
for the Terafina residents and guests.
7.3
Pennitted Uses and Structures
)
No building or structure. or part thereof: shall be erected, altered or used. or land used, in
whole or part, fOT other than the following:
A. Recreational facilities and structures such as pools, fitness facilities, clubhouse,
community buildings, playgrounds, playfields, and tennis courts.
B. Commercial uses permitted in Section 7.4(0) of this Document.
C. Permitted accessory uses and structures
1. Accessory uses and structures customarily associated with principal uses
pennitted in the subdistrict including pool equipment buildings and storage
areas.
2. Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses ofthis POO as determined by the Zoning
Board of Appeals.
7.4 Development Standards
A. Minimum Yard Requirements:
1, Front Yard: 25 feet
2. Side Yard: 15 feet
3. Rear Yard: 15 feet
4. Setback from the property lines abutting the lake easement area: Zero feet for
22
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4;3 of 51
B.
all principal and accessory structures. ,
5. All principal structures shall have a minimum of a twenty-five (25) foot
setback from the boundary of the preseIVc area. Accessory slructures shall
have a minimum of a ten (l0) footsetback.
Maximum height of structures - Fifty (50) feet; except clock towers or similar
architectural features which shall be pennitted up to sixty-five (65) f~et.
,..-"
,,)
C. Minimum distance between principal structures - Ten (10) feet, or greater. ifrequired
by local fire codes in effect at time of development.
D. Minimum distance between accessory structures - Ten (10) feet,.
E. Parking for recreational/non--commercial uses and structures located within the
Recreation Center - one (1) space per 300 square feet. Said requirement only applies
to non-commercial uses.
F. A maximum Qf 5.000 square feet of gross leaseable floor area for conunercialuses is
pennitted within the Recreational Centcr/Neighborhood Village Commercial Center.
G. The requirements for the Recreation CenterlNeighborhood ViIlage Commercial
Center component of the pun are set forth as follows:
1.
Land area requirement. Commercial uses shall not exceed a maximum of '
5,000 square feet of gross Ieaseable floor area in the Recreation
CenterfNeighborhood Village Commercial Center.
,J
2. Maximum floor area ratio: 0.25 for the commercial component, not to exceed
a maximum of 5,000 square feet of gross leaseable floor area.
3. Permitted Commercial uses a, set forth in Subsection 2.2.20.4.7.1.3.1 ofthe
LDC in effect as of the date of adoption of this PUD Ordimance:
Maior Category Specific uses:
a. Groups 6021-6029 Commercial banks-Dri ve~through
facilities are prohibited.
b. Group 6531 Real estate agents and managers for
property with PUD only.
c. Group 5251 Hardware store only - 2,500 sq. ft.
maximum floor area.
d. Group 5331 Variety stores-2,500 sq. ft.
maximum floor area.
e. Group 5399 Miscellaneous general merchandise
store. except catalog showrooms-
2,500 sq. it maximum floor area.
f. Group 5411 Grocery stores, except frozen food
and freezer plants, 10,000 sq. ft.
maximum floor area.
- A'l r,:_t. --. ~_.J ,'~ L"_ _,r.._t__~_
I g. Group 5"'kl
I 1 1:'11, meal, <lUU s~luod Ul<U.l\.C~;' I
23
F:\PUD Documcnts\Terafina\3-11-04clcan,doc
Agenda't'?[i}}~o._JK:'
November 14, 2006
Page 47 of 511
.~)
only.
h. Group 5431 Fruit and vegetable markets.
i. Group 5461 Retail bakeries.
j. Group 5499 Health food store only-2,500 sq. ft.
maximum floor area.
k. Group 5541 Gasoline service stations, except
truck stODS.
l. Groups 5611-5661 Apparel and accessory stores-2.500
sq. ft. maximum floor area.
m. Group 5735 Record and prerecorded tape stores.
n. Group 5812 Eating places. except caterers and
industrial and institutional food
service establishments, dinner
theaters, drive-in restaurants and
restaurants with drive-through
facilities.
o. Group 5921 Liquor storcs.
p. Group 5947 Gift, novelty, and souvenir shops.
q. Group 5949 Sewing, needlework, and piece
~oods stores.
r. Group 5992 Florists
s, Group 7212 Agents for laundries and drycleaners
only.
l Group 7215 Coin--operated laundries and dry
c1eanin~.
u. Group 7219 Diaper ' service, and garment
alteration and repair shops only.
v. Group 7231 Beauty shops, except beauty schools
and cosmetology schools.
w. Group 724] Barber shops, except barber
colleges.
x. Group 7299 Depilatory salon, electrolysis,
massage parlor, shopping service for
individuals. and tannin~ salons onjy.
y. Group 7349 Housekeeping and maid service
only.
z. Group 7841 Video tape rental.
aa. Group 7991 Physical fitness facilities
bb. Groups 8011-8021 OfficeS and/or clinics ofphysicians,
and offices andJorclinics of dentists.
cc. Group 8041 Offices and clinics of chiropractors.
o
4. Permitted Non-Commercial uses: In addition to the above commercial uses, the
Recreation Center/Neighborhood Village Corrunereial Center may also contain
recreational facilities and other amenities of the PUD, such as a clubhouse,
community center or day care center.
24
F:\PUD Documents\Tcrafina\3-II.04clcan.doc
!\qenda item r~o, Be
t'JDVSITIOer' c; ~f,.27j'OEr
Page 48 of 511
=)
5.
, Unified' plan of development and common ownership. The Recreation Center I
Neighborhood Village Commercial Center shall be a unified, and architecturally
integrated, plan of development with common ownership of ail of the property that
comprises the neighborhood village center.
6. Locational criteria and functional operation. The foHowing locational criteria and
functional operating characteristics shall characterize the Recreation
Center/Neigbborhood Village Commercial Center:
a. The Recreation CentcrlNeighborhood ViIl~ge Commercial Center
shall be internally located within the PUD such that the site has no
direct access to roads external to the PUD. The Center shaH be
located. a minimum of 660 feet from the nearest external roadway
providing access to the PUD. The Center shall be located a minimum
of330 feet from the perimeter boundaries of the PUD.
b. The Recreation CenterINeighborhood Vj1Jage Commercial Center
shall be located within a 1,760 radius of 40 percent of the total
number of approved residential units.
e.
The Recreation Center/Neighborhood Village Commercial Center
shall be pedestrian-friendly. TIlis means minimal dependency upon
access by automobiles and with location and design to encourage
pedestrian access, which shall be reflected in the pedestrian walkway
system for the entire PUD.
=)
7. 0 [[-street parking and desi 1m. In rceo gnition of the pedestrian- friendly design of the
Recreation Center/Neighborhood Village Commercial Center, as required in section
2.2.20.l4.5,c. of the LDC, the number of required off-site parking spaces shall only
beSO percent oftbat required by section 2.3.16 ofthe LDC. However, the number of
off-street parking spaces provided shall not exceed 75 percent of that required by
section 2.6.13. In all other respects, off-street parking areas shalf be designed in
accordance with the provisions of division 2.3 and 2.4 of the LDC. '
8. Design guidelines. The Recreation Centcr/Neighborhood Village Commercial Center
shall be subject to, and in compliance with, the design guidelines identified to
Division 2.8 of the LDC except as othcnvise excepted or required herein.
9. Signs. A unified sign plan shall he submitted and made a part ofthe approval for the
Rccreation CenterINeighborhood Village Commercial Center Site Development Plan.
The approved \Ulified sign plan will establish signage specifications and will
therefore become the sign regulations that will apply to tlle Recreation
CenterlNeighborhood Village Conunercial Center. The lmified sign plan shalt adhere
to Section 2.8,3.6.2.1.ofthe LDC, except that pole signs are prohibited. Signs shall
be designed so that their size and location are pedestrian-oriented.
1
.J
25
F:\PUD Documenls\Terafina\3-11.04dcan.doc
Agenda Item NO;,8,G_
~~ovel1lber 14, 2006
Page 49 of 511
10.
Phasing of develoDment. The construction of up to 5tooo square feet ofpennitted
conunercial uses at the option of the developer is allowed within the Recreation
CenterlNeighborhood Village Commercial Center at such time as the developer
detennines that thero is a demand for limited commercial uses in the market place.
~
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26
F:\PUD Documents\Terafina\3-11-04c1ean.doc
AGenda item f\jo 8C
rJov9mber 14, 200B
Page 50 of 511
SECTION vm
()
DEVELOPMENT COMMITMENTS
8.1
Environmental Standards
The purpose of this Section is to set forth the environmental commitments ofthe project developer,
A. Vegetative preserve areas depicted on the PUD Master Plan are permitted for open space and
passive recreational uses only. Vegetated preserve areas may be reconfigured provided all
other applicable requirements of this Ordinance are met. All preservation areas shan be
designated as preservation areas on aU construction plans and shall be recorded on the plat
with protective covenants per or similar to Section 704.06 of the Florida Statutes.
"
B. Environmental permitting shaH be in accordance with the State of Florida Environmental
Resource Pcnnit Rules and be subject to review and approval by Environmental Services
Department Staff.
C. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 ofth
LDC. For this site. a minimum of277.74 acres of native vegetation shall be retained on site.
D.
An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site,
with emphasis on the preservation area, shall be submitted to the Enviromnental Services
Department Staff for review and approval prior to final site plan/construction approval. A
schedule for exotic removal within all preservation areas shall be submitted with the above-
referenced plan.
)
E. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and
Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Connnission
(FFWCC) regarding potential impacts to protected wildlife species. Where protected species
are observed on site. a habitat management plan for these protected species shall he
submitted to Environmental Services Department Staff for review and approval prior to final
site planJconstruction plan approval.
F. The applicant shall be subject to all cnvir~nmcntal ordinances in effect at the time of
development order approvals to which said regulations relate.
G. Portions ofthe PUD designated as a preserve area along the eastern portion of the property
will be connected as a flow-way with the flow-way areas to the south in the Olde Cypress
PUD District and flow-way areas to the cast in the Marisol PUD Dishiet to improve water
management function in the general area and to Jessen flooding.
H, All principal structures shall have a minimum setback of 25 feet from the boundary of ar.
preserve. Accessory stmctures and all other site alterdtions sh~l have a minimum 1 O-foot setbacl
I. 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) shalf be the responsibility ofthe property owner.
27
F:\J'UD Documenls\Tcratina\3-II-04c1can,doc
8.2
:)
)
\
)
../;
Aoenda Item f\lo. 8e
f.Jovember 14. 2006 '
Page 51 of 511
Transportation ReCluirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
A. The developer shall provide arterial level street lighting at the project entrance. Such lighting
shall be in place prior to the issuance of any certificate of occupancy.
B. The road impact fee shall be as set forth in the Consolidated Impact Fee Ordinance No. 0 1-
13. or successor ordinance. Said fees shall be paid at the time building permits are issued or
as provided for by the Adequate Public Facilities Ordinance.
C. Internal access improvements shaU not be subject to impact fee credits and shall be in place
before any certificates of occupancy are issued.
D. All traffic control devices used shall conform to the Manual on Unifonn Traffic Control
Devices as required by Chapter 316.0745, Florida Statutes.
E. Roads internal to the project serving the residential uses shall be private and dedicated to the
homeowners association which shall be responsible for the perpetual maintenance of said
roadways.
F.
The developer shan provide turn Janes at the project entrance prior to the issuance of the first
certificate of occupancy for the first structure in accordance with the Collier County Public
Right-of-Way Manual and Ordinance Number 82-91, or successor ordinance.
G. The developer shall make a fair share contribution towards the capital cost oftraffic signals
at the project entrance when deemed warranted by the Transportation Services Administrator,
or his designee. These signals will be owned, operated and maintained by Collier COW\ty.
H. An additional twenty (20') feet ofright-of~way shan be provided along the western edge of
the Tcrafina project to provide for a total of eighty (80') feet of right-of-way along the
extension of Logan Boulevard. A sixty (60') foot right-oC-way presently exists. The
developer shall construct the extension of Logan Boulevard to the proposed project entrance
for Terafina, The additional road right-of-way will be dedicated to Collier County at the time
ofplatting or within ninety (90) days of the request of Collier County.
1. The Terafina pun is vested for traffic concurrency associated with the executed Standard
Form Collier County Contribution Agreement for Road Impact Fee Credits (No. 2002-009-
TR-GL Homes) dated December 17, 2002.
J. The developer may commence on-site horizontal construction within the Terafma project at
the time that the four-Ianing ofImmokalee Road is complete up to C.R, 951.
8.3
Utility Requirements
The purpose of this Section is to set forth the utilities and engineering commitments ofthe project
developer.
28
F:\PUD Documcnts\Terafina\J-II-04e1ean.doc
.. ,
:)
=)
,A.Genoa Item No. 8e
NcveliYDeT'i'4~Z!]06'
52 of 511
A.
Water distribution, sewage collection and transmission and interim water and/or sewage
treatment facilities to serve the project are to be designed, constructed, conveyed, owned and
maintained in accordance with Collier County Ordinance No. 01-156, as amended, and other
~plicable County rules and regulations.
B. All customers connecting to the water distribution and sewage colJection facilities to be
constructed will be customers of the County and win be billed by the County in accordance
.,' with the County's estab !ished rates. Should the County not be in a position to provide sewer
. service to the project, the sewer customers shall be customers of the interim utility
established to serve the project until the County's off-site sewer facilities are available to
serve the project.
C. Prior to approval of construction documents by the County, the developer shall present
verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service
Commission has granted territorial rights to the developer to provide sewer service to the
project until the County can provide these services through its sewer facilities.
D. The utility construction documents for the project's sewerage system shall contain the design
and construction of an on-site force main which will ultimately connect the project to the
future central sewerage facilities of Collier County. The force main shall be interconnected
to thc pump station with appropriately located valves to permit for simple redirection of the
project's sewage, whcn connection to the County's central sewer facilities becomes available.
E.
Easements shall be provided to Collier County Utilities Department for three separate well
field locations. Two of the well site areas shall be approximately 30 by 30 square feet in area.
The third site will be approximately 40 by 40 square feet in area to provide for a wen house.
'nlesc sites will be spaced a minimum of y.. of a mile apart. These facilities shaH be located
along the eastern edge of the Logan Boulevard right-of-way or, in the alternativc. along a 30
foot easement along the northern property line shared with the Parklands PUD, iffeasible.
An easement or easements for these areas shall be conveyed to Collier County Utilities
Department upon request.
8.4 Engineering Requirements
A. Detailed paving. grading, site drainage and utility plans shall be submitted to the
Development Services Department for review. No construction pennits shall be issued
unless detailed paving, grading, site drainage and utility plans are submitted and until
approval ofthe proposed construction, in accordance with the submitted plans, is granted by
the Development Services Department.
B. A copy of the SFWMD Surface Water Management Pcnnit must be received by the
Development Serviccs,staffprior to any construction drawing approvals.
c. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to
define the right-of-way and tracts shown on the PUD Master' Plan.
29
F:\PUD Documenls\Tcrnfina\3-II-01c1ean.doc
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Aoenda Item No, 8e
rJovenlDer'f.f'2006
Page 53 of 511
D.
The developer and all subsequent owners of this project shall be required to satisfy the
requirements of all COWlty Ordinances in effect prior to or concurrent with any subsequent
development order relating to this site, including but not limited to preliminary subdivision
plat, site dc:velopment plan and any other development orders.
8.5 Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project
developer.
A. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the LDC, except that excavation for water management features
shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side,
rear or abutting property lines fenced.
B. Landscaping may be placed within the water management area in accordance with the criteria
established within Subsection 2.4.7.3 of the LDC.
C, The wet season water table elevation shall be established at the time of South Florida Water
Management District (SFWMD) pennitting which is required for the subject property.
D. A surface water management pennit shall be obtained from the SFWMD prior to any
subdivision or site plan approval.
F.
Should the extension of Logan Boulevard be constructed by The Parklands developer, the
Terafina developer shall provide for the necessary area for storm water management within
the boundaries of the Terafina project.
G. The Terafina property is subject to that certain ttAmended and Restated Flow-way
Agreement" between lmcollicr Joint Venture, a Florida general partnership, as assignee of
J.O. Nicewonder, GLH Development, LLLP, as successor in title to Robert V ocisano as Co-
trustee under land trust agreement dated May 24, 1995, and Olde Cypress Development, Ltd.,
together with all schedules thereto, as any of the foregoing have been or may be amended.
8.6 Parks and Recreation Facilities
A playground for children shaH be provided. Tbe playground shall be located within the recreation
area depicted on the PUD Master Plan.
30
F:\PUD Documents\Terafina\3-11-04dcan,doc
Aoenja item r'~o, 8e
f'Jovenlber 14, 2006
?3g8 54 of 511
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Aaenda Item f\la. 8e
r-Jovember 14, 2006
Page 55 of 511
EXHIBIT B
LEGAL DESCRIPTION
All OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETROLEUM
RESERVATIONS RESERVED TO TIIE STATE BOARD OF EDUCATION IN DEED
RECORDED IN DEED BOOK 37, PAGE 93. PUBLIC RECORDS OF COlLIER COUNfY,
FLORIDA, AND EXCEPTING THE WEST 80 FEET. ' ·
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This instrument prepared by:
Timothy G. Hains, ~,
QUARLES & BRADYLLP
'4S01 Tamiami Trail North, Suite 300
Naples. Florida 341 03
3178685 OR: 3284 PG: 1227
UtOlIIlD 11 omcw. bCUlDI Df- ClWtDI coun, n.
05/DJ/l~D3 at 1':0511 DlICI! I. 1IOel. ClIII
eGIS J5111511.1'
DC hi 11.50
DOC-.71 111211.21
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Property 10 Number: 00183600000
SPECIAL WARRANTY DEED
THIS INDENTURE, made this Sib day of May, 2003. between Robert Vocisano.
as Trustee under Land Trust Agreement dated May 24. 1995, whose mailing address is: 4100
Golden Gale Parkway, Naples, Florida 34116, {the "'Grantorj, and OLH Development.
L.L.L.P.. a Florida limited liability limited partnership, whose mailing add~ is: ]401
University Drive, Suite 200, Coral Springs. Florida 33071 (the ""Grantee).
WITNESSETH. that said Granter. for and in consideration of the sum 'of Ten DOUlUS.
and other good and valuable consideration to said Grantor in hand paid by said Grantee. the
receipt whereof is hereby acknowledged. has granted. bllTgained and sold to the said Grantee.
and Grantee's successors and assigns forever, the following described land. situate, lying and
being in Collier County, Florida, to-wit:
All or Section 16, Townsbip 48 SOlltb, Range 26 East, CollieI' County, Florida. less
and except the Westerly 80 feet tbereof.
Subject. to covenants, easements. restrictions and reservations of record but without
reimposing same; existing zoning and governmental regulations; real estate taxes for the
cunent and subsequent years.
The subject property is vacant land and is not the homest~ property of the Grantor. nor
is it contiguous thereto. The Grantor resides at 165 Second Avenue North. Naples, Florida
34102.
THIS DEED is on absolute conveyance and said Grantor wilJ warrant and defend the
propeny hereby conveyed against lhe lawful claims and demands of all persons claiming by,
through, or under said Grantor. but against none other.
1'0 HAVE AND TO HOLD the same. in fee simple forever.
TOGETHER WITH all the hereditaments and appurtenances thereunto belonging or in
anywise appertaining to the property hereby conveyed.
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Page 57 of 511
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STATE OF FLORIDA)
COUNTY OF COLLIER}
I,,,- DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial circuit, Collier County, Florida~ do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-15
Which was adopted by the Board of County Commissioners
on the 9th day of March, 2004, during Regular session.
WITNESS my hand and the official seal of the Board of
r')
,~~j
County Commissioners of Collier county, Florida, this 12th
day of March, 2004.
, -
DWIGHT E. BROC~ /
Clerk of Cour,ts and-, Clerk? _
8x-officio td tipard of. ~ ~
~county commi~.sio~;~rs, :\:: *-'::. ': ~~:
A ~. ...' J'H,'
~-. ''7'' ,.,......:.,/ .'~'
y : Ma ureen ;eriYOfu'I~.-~' ~ :,;:.,,:
Deputy Clerk
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Agenda Item r'~o. 8C
I~o\lember 14. 2006
Page 59 of 511
ORDINANCE NO. 2004- ~
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, OR SUCCESSOR
PROVISION, BY PROVIDING FOR A
SCRIVENER'S ERROR AMENDMENT TO
CORRECT ORDINANCE 04-15, THE TERAFINA
PLANNED UNIT DEVELOPMENT (PUD) AND
BY PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS. the Collier County Board of Commissioners adopted Ordinance Number
04-15, the Terafina Planned Unit Development (PUD) on March 9, 2004; and
WHEREAS, following said action in adopting Ordinance Number 04-15, a zoning atlas
map ""as omitted and such omission constitutes a scrivener's error,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: SCRIVENER'S ERROR AMENDMENTS
read as follows:
A. The Title of Ordinance Number 04-15, the Terafina PUD, is hereby amended to
AN ORDINANCE AMENDING ORDINANCE NUMBER
~ 2004-41, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICl-I INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE THE OFFICIAL ZONING
ATLAS MAPS NUMBERED 8616N AND 86165, AND BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNO\VN AS
TERAFINA PUD, FOR PROPERTY LOCA TED
APPROXIMA TEL Y ONE MILE NORTH OF IMMOKALEE
ROAD (CR 846), EAST OF THE QUAIL CREEK
SUBDIVISION AND NORTH OF THE OLD CYPRESS
PUD, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
637 ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 01-71, THE FORMER TERAFINA
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
read as follows:
B. The text of Ordinance Number 04- 15, the Terafina PUD, is hereby amended to
Words struck through are deleted; words underlined are added.
Page 1 of 2
/\cenda ~tenl h10. Be
'~ov8ITiber 14, 2006
Page 60 of 511
The zoning classification of the herein described real property located in
Section 16, Township 48 South, Range 26 East, Collier County, Florida, is
changed from "PUD" to "PUD" Planned Unit Development in accordance
with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning
Atlas Map Nnumbered 8616N and 86165, as described in Ordinance
Number 91-102, the Collier County Land Development Code, is hereby
amended accordingly.
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ;? t .<:.A'dayof /JL.- 1,p;li1 I ,2004.
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'{la;j~~,fM 's~~~n;J&/ ~. K~CC
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~rrY' FLORIDA I
BY (/:,:-,.., J 4-'f.14
DONNA IALA, CHAIRMAN
SE,2004,,~ R.5777:R Bisp
Words strucl, throu;;h me deleted: words underlined are added.
Page 2 of 2
This ordinance filed with t..~
Secretary of Stote's Office t!le
~dayof~'f
ond ocknowlecgemont of tl1,,1,
fil~ this ~ ,Joy
of ';~~
o.mu~ C ler1r.
Aaenda Item No, 8e
tJovember 14, 2006
Page 61 of 511
STATE OF FLORIDA}
COUNTY OF COLLIER}
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-69
Which was adopted by the Board of County Commissioners
on the 26th day of October 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of October, 2004.
DWIGHT E. BROCK ':":;;;:-""'If',> "
Clerk ~f, courts....~~St~~~.~~'. .
Ex-offlclo to B??l.=d' of .....~_;o;
County commiS~~?'n~' .W\/,..:,.'......:~\.
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By: Linda A. Hod;,z'er,'f",~"'~~"""'- ",'
'. liter "'UJ'" t)\. ,," .
Deputy Clerk"'" ~'-lV'o1 ~\\", ,
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Well, G.L. Homes of Naples Associates II, Ltd. Bv: GL Homes of Naples II Corporation. General Partner
being first duly sworn, depose and say that we/I am/are the owners of the property
described herein and which is the subject matter of the proposed hearing; that all
the answers to the questions in this application, including the disclosure of interest
information, all sketches, data, and other supplementary matter attached to and
made a part of this application, are honest and true to the best of our knowledge
and belief. 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 authorrze __Robert L. Duane, AICP _____ to act as
our I my representative in any matters regard ing this Petition.
Signature of Property Owner
~'~_~t___
Signatur~perty Owner
Wv/;v ~7'rz.e.eEE, 0CfE. ~6SN~a..J( "'I=- n
G.L..fk,n,cC' or tV#~ :zz: C4t<~o4<!/loN) ~ 6b./f~
?~J!!:._q~'::.:Jk1i~s.-PLddtij;,L~g~/A7Tf ~ t-'"T 6.
Typed or Printed Name of Owner
Typed or Printed Name of Owner
The foregoing instrument ffls ac~~~edged before me this _L?::::. day of
~___, 200_L.e_, by ,*,jj{l__J!Lk(C~_______who is personally known to me v
or has produced ________________________as identification.
State of Florida
County of~;;;:o;J/ft'tJ
(Sign ture of Notary Public - State of
Florida)
:.... ;,::I~I~~~;""U au. "Te RRY" r;L"L'I'''~N.'' r.....:
: ,$'~~~1P(I:I~ ,....:
: N/~'t;.~ Commlssloo # D00212596 :
i ~~~~1 Expires 5114/2007 1
i ~,1~I%:J\\\''l~ .. Bonded lhrough j
: (600-432--1254) FIoridB Notary Assn IDC :
.u........ '''1 ......... II..... II. I.... ... u..;~....;...i
____J~--i2~-~--------
(Print, Type, or Stamp Commissioned
Name of Notary Public)
PUD Extension Application
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This instrument prepared by:
Timothy G. Hains. Esq.
QUARLES & BRADY LLP
4501 Tarnillmi Trail North, Suite 300
Naples, Florida 34103
$ 10.50 recording
$111.. ",1/1. ).r; documentary stamps
Property 10 Number: 00 I 83600000
Agenda Item No, 8e
r'~ovember 14, 2006
3178685 OR: 3284 p1}~eP2~1_511
RICOlDlD in Or!lCI~L RlCORnS of COLLIIR eOUITY, PL
OS/07/2003 It oa:o~~ DVIGBT I. BIOCI. CLIII
co~s 158'IS1t,00
Rle PII 10.50
DOC-.70 111241.20
COPIrS 2.00
letn:
QUULIS , BUDT
4501 T~lAKl fR M '300
KkPLIS r~ 34103 30iO
SPECIAL WARRANT\' DEED
The subject property is vacant land and is not the homestead property of the Grantor, nor
is it contiguous thereto. The Grantor resides at 165 Second A venue North, Naples, Florida
34102.
THIS DEED is o.n absolute conveyance and said Grantor will warrant and defend the
property hereby conveyed against the lawful claims and demands of all persons claiming by,
through, or under said Grantor, but against none olher.
TO HAVE AND TO HOLD the same. in fee simple forever.
TOGETHER WITH all the hereditaments and appurtenances thereunto belonging or in
anywise appertaining to the property hereby conveyed.
QBNAP\3905I4_2
J>UDEX~2006-AR-9610
PROJECT #2002050014
DATE: 4/27/06
MELISSA ZONE
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IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the day and
year first above written.
Signed, sealed and delivered in the presence of:
Witnesses:
\
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Robert Vocis 0, as Trustee under land
Trust Agreement dated May 24, 1995
STATE OF FLORIDA
COUNTY OF COLLIER
~N)'(...day of April, 2003,
May 24, 1995. He is lK)
(SEAL)
~.
PUBLIC
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Agenda Item No: 8e
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, .' V ' Page65of511
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~ I certify the attached is a true and correct copy of the Articles of ~
~~ Merger, filed on July 19, 2004, effective July 19, 2004, for G.L. HOMES OF~
~ NAPLES ASSOCIATES II, LTD., the surviving Florida entity, as shown by the ~
~ records of this office. ~
~ I further certify the document was electronically received u~der FAX aUditla~
~ number E04000148665 and this certificate issued '~n accordance with sectionit~~
~ 15.16, Florida Statutes, and authenticated by the code noted below. a
~~ ~~
~ The document number of this corporation is A02000000415. ~~
~ ~
~ ~
~ Authentication Code: 904A00046606-072304-A02000000415-1/1 ~~
~ ~
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fill ff{)~
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~ PUDEX.2006-AR-9610 ~jZ ,
~ PROJECT #2002050014 ~
I DATE: 4/27/06 ~
~ M~~~ ~
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n ~
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~ ~
~ ~
~ Given under my hand and the ~
~ Great Seal of the State of Florida, ~
~ at Tallahassee, the Capital, this the ~
~ Twenty-third day of July, 2004 ~~
~ ~I~
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PAGE 213' RCVD AT 7J23I2D~ 9:0&:50 AM !Eastern O.y"ght Tlmel' SIIR:FTLWEB1/0' DN15;4001 . CSIO:Oepartmentof Stale' DURATION Imm-ss);O<-ll~
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i-Jov8mber 14. 2006
Page '36 of 511
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~ I certify from the records of this office that G.L. HOMES OF NAPLES ~
~~ ASSOCIATES II, LTD., is a Limited Partnership organized under the laws of ~
~ the state of Florida, filed on March 21, 2002. ~
U ~
~ The document number of this Limited Partnership is A02D00000415. ~
"'n~ I further certify said Limited Partnership has paid all filing fees due ~
~ this office through December 31, 2004, and its status is active. ~
n I further certify that this is an electronically transmitted certificate ~
2~ authorized by section 15.15, Florida statutes, and authenticated by the ~
~l~ code, 9D4AD0045606-072304-A02000000415-1)1, noted below. J~
~ ~
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~ Authentication Code: 904A00046606-072304-A02000000,nS-1jl ~b~
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~q~ Given under my hand and the ~~
~~ Great Seal of the State of Florida, ~~
~~g~ at Tallahassee, thG Capital, this the ~Oa
....!' ~ T\'Tenty-third day of July, 2004 .......~<;,,;
nt.3 at)~
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PAGE 1/3' RCVO AT7J23J2004 9:06:50 AM lEaslem Oayllght Tlmel' SVR:FTLWEB1/0' ONIS:400t' CSID:O.par1menl or sl~te' DURATION (mm-5s):02'()6
,. "
Agenda Item No. 8e
f'..Jovernbpr 14 0)006
~'." I () 0 0 / 'f 8' &P&:g567 b: 51.1
ARTICLES OF MERGER
OF
GLH DEVELOPMENT, L.L.L.P.
INTO
G.L HOMES OF NAPLES A$SOCIATES JI, LTD.
The following Articles of Merger are being submitted in accordance with Sections
620.8905 and 620.203 Florida Statutes.
FIRST: ' The exact name, street address of ils principal office, jurisdiction and
entity type for each party are as follows:
1. GLH Development, L.L.L.P., a Florida limited liability limited partnership
1401 University Drive, Suite 200, Coral Springs, Florida 33071
Florida Document/Registration Number: A02000000736
FEIN: 04-3682189
2. G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership
1401 University Drive, Suite 200. Coral Springs, Florida 33071
Florida Document/Registration Number: A02000000415
FEIN: 57-1139851
SECOND: G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership
located at 1401 University Drive, Suite 200, Coral Springs, Florida 33071 shall be the
surviving party (the "Surviving Partnership").
THIRD: The attached Plan of Merger meets the requirements of Sections
620.8905, 620.8906 and 620.201, Florida Statutes, and was approved by each domestic
limited liability Hmlted partnership and domestic limited partnership that is a party to the
merger in accordance with Chapter 620, Florida Statutes.
FOURTH: The merger is permitted under the respective laws of all applicable
jurisdictions and is not prohibited by the certificate of limited partnership or the
partnership agreement of either party to the merger.
FIFTH: The merger shall become effective upon July 1 ttl 2004.
SIXTH: The Articles of Merger comply and were executed in accordance with the
Jaws of the State of FlorIda.
SEVENTH: The SUNiving Partnership has obtained the written consent of G.L.
Homes of Naples Associates II Corporation, to serve as the general partner of the
Surviving Partnership pursuant to Section 620.202(2), Florida Statutes.
FTl: 1241567:1
/-Ioc,t () 0 () / '1g t, &, 53
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Aaenda !terTi No. 8(.":
I, ,C/O CJ 0 / ~Y~~~b}B{
IN W1TN~7~ WHEREOF, the undersigned have executed these Articles of
Merger as of the _ '/hi day of July, 2004.
GLH DEVELOPMENT. L.L.L.P., a Florida limited liability limited partnership
By: G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership,
its general partner
By: G.L Homes of Naples II Corporation, a Florida corporation, its
general partner
By: /7~/?t ~
Richard M. No alk, Vice President
G.L. HOMES OF NAPLES ASSOCIATES f1, LTD., a Florida limited partnership,
By: G.L. Homes of Naples II Corporation, a Florida corporation,
its general partner
By: ,/74LY7~-'
Richard M. Norwalk, Vice President
FTL: 1241567: 1
110 (j 0 00 1lf-8 tc ~ S 3
I
. .
,'.:
,
Agenda Item No. 8e
1(--0 (,'," ? 00 Ilf i~v~tr 6~~f~~~
"
'11..-
PLAN OF MERGER
The following is the Plan of Merger, which was adopted and approved by each
party to the merger in accordance with Section 620.8905, 620.8906 and 620.201, Florida
Statutes.
FIRST:
The exact name andjurisdiction of each merging party are as follows:
1. GLH DEVELOPMENT, L.L.L.P., a Florida limited Habllity limited partnership (the
"Terminating Partnership").
2. G.L. HOMES OF NAPLES ASSOCIATES II, L TO., a Florida limited partnership
(the .Surviving Partnership")
SECOND: G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership
shall be the surviving party.
THIRD:
The terms and conditions of the merger are as follows:
The Agreement of Limited Partnership of the Surviving Partnership, when the
merger becomes effectrve, shall be the Agreement of Limited Partnership of the
Surviving Partnership.
FOURTH: The manner and basis of converting the partnership interests of the
Terminating Partnership into partnership interests of the Surviving Partnership, in whole
or in part, into cash or other property are as follows:
When the merger becomes effective, all the outstanding partnership interests of
the Terminating Partnership shall be terminated, and the partners of the Surviving
Partnership shall continue as the partners of the Surviving Partnership. The Surviving
Partnership is the general partner of the Terminating Partnership and has acquired all
the fimited partnership interests held by the former limited partner, RPH of Naples, Inc.,
a Florida corporation, in the Terminating Partnership.
FIFTH:The name and address of the general partner of the Surviving Partnership is G.L.
Homes of Naples II Corporation, a Florida corporation, located at 1401 University Drive,
Surte 200, Coral Springs, Florida 33071 t document number P0200Q030560.
FTL: 1241567;1
/-fz; <-/0 0 () / 'I- F Co (P s 3
14 2006
P80e in jf "511
Agenda Item N-6. 1011' ,
April 11, 2006
Page 1 of 42
EXECUTIVE SUMMARY
To seek Board approval of an Amended and Restated Developer Contribution Agreement
with G.L. Homes of Naples for the design and construction of Logan Boulevard between
Vanderbilt Beach Road and lmmokalee Road in exchange for vesting and impact fee
credits.
OBJECTIVE: To obtain Board approval of an amended and restated developer
contribution agreement with G.L. Homes to advance the design and construction of Logan
Boulevard between Vanderbilt Beach Road and Immokalee Road (see map of location in
exhibit A attached to the DCA). G.L. Homes is advancing $7,528,875 in road impact fees
to construct Logan Boulevard in exchange for vesting and road impact fee credits
consistent with the original agreement that the Board approved in December 2002. The
prior agreement is being revised due to the delays that have been experienced in obtaining
the necessary permits and right-of-way to construct the roadway. All the necessary
permitting and right-of-way acquisition has been completed to construct the roadway
starting by June 1, 2006.
CONSIDERA TION: The original Developer's Contribution Agreement between G.L
Homes and the County was approved in December of 2002 and was initiated to advance the
construction of a new two lane Logan Boulevard between Vanderbilt Beach Road to
lmmokalee. The road improvements include building a two lane roadway in an ultimate
four lane cross-section. The Devcloper, based OIl the previously approved agreement, has
completed the design of the two lanes and the permits and necessary right-of-way
acquisition (acquired by the County) to build the roadway starting construction by June t,
2006. The Developer has advertised the construction plans for bid "vith the bid closing
scheduled for late April. The Developer is responsible for the design and construction eosts
of the project up to the amount of tbe impact iCes with any excess cost (above tbe current
$7,528,875 impact fee credit) to be paid back to the Developer by October t, 2008. It is
expected with the soon to be increasing impact fees that the impact fee credit will be above
the final certified cost estimate. In exchange for the advancement of the funds to construct
Logan, the Developer, consistent with the previous Developers Contribution Agreement,
will receive vesting for 850 residential units for the Terafina Development on the future
Logan Boulevard north ofImmokalcc Road (north ofOldc Cypress).
FISCAL IlVlI>ACT: The County will be responsible for the costs above and beyond the
current committed impact fees whicb are currently estimated at a level of $7,528,875 but as
noted above the transportation impact fees are expected to increase shortly where the cost
of the roadway will be less than the impact fee credits issued for the vested project. The
total cost estimate for the project is $8,990,000 for design, construction and construction
engineering inspection (see exhihit C attached to the DCA).
GROWTH MANAGEMENT: This project is consistent with the County's GrO\vth
Management Plan and the rvU)O's Long Range Transportation Plan.
PUDEX-2006-AR-9610
PUOJECT #2002050014
DATE: 4/27/06
MELISSA ZONE
A.aenda Item No, 8e
r..Jovernber 14, 2006
Paae 71 of 511
Agenda Item No. 10A
April 11, 2006
Page 2 of 42
RECOMMENDATION: That the Board approve Amended and Restated Developer
Contribution Agreement for the construction of Logan Boulevard in the exchange for
impact fee credits and vesting of 850 units.
Prepared By: Donald Scott, TranspOItation Planning Director
Attachment: Agreement for Road Impact Fee Credits
2
Item Number:
Item Summary:
Meeting Date:
Aaenda Item No. 8e
~~-()\/9mber 14 2006
Agenda Item 1)lQ,r1,QA>2 ~'1' 511
April 1'1 ,;moB '- ,
Page 3 of 42
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
Recommendation 10 seeK Board approval of an Amended and Restated Developer
Contribution Agreement wilh G.L. Homes of Naples for the design and construction of Logan
Boulevard between Vanderbill Beach Road Bnd Immokalee Road in exchange for vesting
and Impact fee cradils. (Norman Feeler, Administrator, Transportation Services)
4/11120069:00:00 AM
Approved By
Norm E. Feder, AICP
Transportation Sarvlees
Transportation Division Administrator
Dnte
Transportatlon Sorvlces Admin,
3130120064:17 PM
ApPl"Oved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Service" Admin
3/30120064:20 PM
Approved By
Dille A, Batholl, P.E,
TrnllS[lortatlon Services
Prlnlclpal proJecl M snager
Date
Transportation Engineering and
COlIstrllclion
3130120013 4:22 PM
Approved By
Pot Latlllhartf
Tmm;portatloll Services
Exccutlva Sccretnry
Date
Traneporlatlon ServlcGS Admin
313lJ/200G 4:26 PM
Apprm'cd By
OMS Coordinator
County Manager's Office
Adminlstrativc Assistant
Dato
Office of Managemellt & Budget
3131f200G 8:23 AM
Approved By
Scott R. Teach
County Attorney
Assistant County Attorney
Date
COllnty Attornoy Offlco
4/31200Ei 11 :27 AM
Approved By
Mark Isackson
County Manager's Office
Budget Anal,'st
Data
Office or Management & Budgot
4/312006 2:43 PM
Approved n),
Jam"s V. Mudd
Board of County
Commissioners
County M1lllager
Date
County Manager's Orfico
413120067:23 PM
Aaenda Item No, se
~Jovember 14. 2006
Paqe 73 of 511
Agenda Item 1\1'0. 10A
April 11 , 2006
Page 4 of 42
AMENDED AND RESTATED
STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT
FOR ROAD IMPACT FEE CREDITS
No. __
(Amending and Restating No. 2002-009-TR-GL Homes)
THIS AMENDED AND RESTATED CONTRIBUTION AGREEMENT
["Agreement"] is made and entered into this _ of , 2006, by and
between G.L. HOMES OF NAPLES ASSOCIATES II, LTD" A FLORIDA LIMITED
PARTNERSHIP, duly organized and authorized to conduct business in the State of
Florida [hereinafter referred to herein as "Developer"], by and through Alan Fant, Vice
President of G.L. Homes of Naples II Corporation, a Florida corporation, and the
General Partner of G.L Homes of Naples Associates II, Ltd., a Florida Limited
Partnership, who is duly authorized to execute this Amended and Restated Standard
Form Collier County Contribution Agreement for Road Impact Fee Credits, and THE
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER COUNTY hereinafter referred to as
"County."
R E C I TAL S:
WHEREAS, on December 17, 2002, Developer and County entered into that
certain Standard Form Collier County Contribution Agreement for Road Impact Fees
(No. 2002-009-TR-GL Homes), hereinafter referred to as the "Original Agreement";
and
WHEREAS, for reasons beyond the reasonable control of both the Developer
and County, the roadway improvements contemplated in the Original Agreement have
yet to commence in accordance with the phasing schedule established therein "; and
WHEREAS, based on the delays associated with the commencement of
construction outlined in the Original Agreement, Developer and County are desirous of
entering into this Amended and Restated Contribution Agreement which grants cash
and credits for road impact fees and certain vesting rights for road concurrency, in
exchange for the Developer's contribution of advanced off-site roadway construction
improvements consisting of the extension of Logan Boulevard as a two (2) lane divided
roadway betwet:n Vamlerbilt Beach Road and Immokalce Road (hereinafter described
as the "Project"] as set forth in a conceptual description and graphic rendering attached
hereto in Composite Exhibit "A" and "A-I"; and
WHEREAS, Developer is the fee owner of certain lands, (hereinnfter referred to
as "Terafina"), described and graphically rendered in Composite Exhibit "Bn and "B-
t", attached hereto and incorporated herein by reference, which upon development in
the near future will be subject to the imposition of road impact fees; and
.L\genda ]tern hJD. Be:
!\Jo\len~iber '":4. 2006
Paqe 74 of 511
Agenda Item No. 10A
April 11, 2006
Page 5 of 42
WHEREAS, the parties acknowledge that the valuation of eligible anticipated
construction to the County's transportation network is based upon a Preliminary
Estimate of Probable Costs by a Professional Engineer of the Project attached hereto as
Exhibit "C"; and
'WHEREAS, the parties agree that Developer shall submit for County appl'Oval a
Final Certified Estimate of Probable Costs to design and construct the Project prepm'ed
by a Professional Engineer subsequent to the date of this Agreement and prior to the
issuance of right-of-way use permit by the County in connection with the Project; and
WHEREAS, the parties acknowledge, in the case of contributions of
construction or installation of improvements, the value of the developer's proposed
contribution shall be adjusted upon completion of the construction to reflect the actual
cost of construction or installation of improvements contributed by developer, but in
any event not to exceed fifteen [15%] percent of the approved Final Certified Estimate
of Probable Costs unless such amounts in excess of said fifteen [15%] are caused by
changes or modifications to the Project requested by the County fi'om time to time after
the County has approved and accepted the final Certified Estimate of Probable Costs of
the Project; and
WHEREAS, the parties acknowledge that it is in the best interest of the County
for the Developer to design and construct the Project; and
WIITIREAS, the Transportation Administrator will recommend to the Board of
County Commissioners that the Proposed Plan as defIned in the Impact Fee Ordinance
for donations, credits, cash and contributions as set forth in this Agreement is in
conformity with contemplated improvements and additions to the County's
transp0l1ation network; and
\VHEREAS, after reasoned consideration by the Collier County Board of
County Commissioners, [hereinafter "Board"], the Board has authorized the County
Attorney to prepare this Developer Contribution Agreement ["DCA"] upon the Board
finding that:
a. The subject Proposed Plan is in conformity with the contemplated
improvements and additions to the County's transportation system;
b. Such Proposed Plan, viewed in conjunction with other existing or proposed
plans, including those from other developers, will not adversely impact the
cash flow or liquidity () f the County's road impact fee trust account in such a
way as to frustrate or interfere with other planned or ongoing growth
necessitated capital improvements and additions to the County's
transportation system;
c. The Proposed Plan is consistent with the public interest; and
d. The proposed time schedule for completion of the Proposed Plan is
consistent with or is projected to be consistent with the most recently
2
Agenda Item No, Be
~~ovember 14, 2006
Page 75 of 511
Agenda Item No. 10A
April 11, 2006
Page 6 of 42
adopted five-year capital improvement program for the County's
transportation system; and
WHEREAS, the Board of County Commissioners finds that the contributions
contemplated by this Contribution Agreement are consistent with the County's existing
comprehensive plan; and
WHEREAS, pursuant to the Terafina PUD Ordinance No. 2004 - 15 it was
agreed, inter alia, that:
A. The road impact fee shall be as set forth in the Consolidated Impact Fee
Ordinance No.OI-13, or successor ordinance. Said fees shall be paid at the
time building permits are issued or as provided for by the Adequate Public
Facilities Ordinance.
B. Internal access improvements shaH not be subject to impact fee credits and
shall be in place before any certificates of occupancy are issued.
C. The Terafina PUD is vested for traffic concmrency associated with the
executed Standard Form Collier County Contribution Agreement for Road
Impact Fee Credits (No. 2002-009-TR-GL Homes) dated December 17,
2002.
WHEREAS, it is anticipated that the time for build-out of the Terafina
Development will exceed five {51 years for concurrency purposes, and the parties agree
that good cause exists for an automatic five [5] year extension of the initial five 15] year
vesting period provided, Developer substantially adheres to the Phasing Schedule as
dctennined by the Transportation Division Administrator [A copy of the Phasing
Schedule is attached hereto in Exhibit "D'~ and agreed to thereby by the County]; and
WHEREAS, this DCA shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act; and
WHEREAS, the parties acknowledge that all construction cost estimates shall be
based upon, and all construction plans, specifications and conveyances shall be in
conformity with, the road construction standards and procedures of the County and shall
be first approvcd by the CoHier County Transportation Administrator prior to
commencement of construction; and
WHEREAS, Developer acknowledges and agrees that it has full power and
authority to cause the construction or installation of the subject contribution and
thereafter execute any and all documentation necessary to conveyor cause to be
cOllveyed the contribution to the County in confonnance with the County's
transportation standards, procedures, ordinances and regulations; and
3
Paae 7G of 511
Agenda Item No.1 OA
April 11, 2006
Page 7 of 42
WHEREAS, Developer agrees and acknowledges that it has full power and
authority to cause the construction or installation of the subject contribution and
thereafter execute any and all documentation necessary to conveyor cause to be
conveyed the contribution to the County in conformance with the County's
transportation standards, procedures, ordinances and regulations; and
WHEREAS, Developer agrees and acknowledges that it shall not proceed to
install and construct any portion of the subject contribution until Developer's legal
counsel shall advise the County Attorney in writing that the Developer has secured a
performance bond or other surety in the amount of the Final Certified Estimate of
Probable Costs plus a 15% contingency and Developer shall submit such bond or surety
for approval by the County prior to the time of Developer's application for the right-of-
way use permit; and
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good
and valuable consideration exchanged amongst the parties, and in consideration of the
covenants contained above and herein, and the fact that all of the above recitals arc true
and correct and shall bc nllly incorporated herein and form part of the basis f()r this
Agreement, the parties agree as follo\vs:
1. The projected road impact fees needed for the construction of 850 residential
units of the Terafina Development is estimated to be Seven Million Five
Hundred Twenty Eight 'T'housand Eight Hundred Seventy Five Dollars
[$7,528,875.00].
2. Prior to the commencement of any construction work in connection with the
Project ("Construction Work"), Developer shall deliver the following items to
the appropriate governmental entity fi)r said governmental entity's review and
approval:
A. for purposes of establishing the amount of the <'Surety" (as hereinafter
defined) and the "Road Impact Pee Credit Amount" (as hereinafter defined), a
Pinal Certified Estimate of Probable Costs prepared by Developer's design
engineer ("Professional Engineer") which shall set fmih the estimated cost
(including, without limitation, the cost of any and all labor, matcrials, design,
testing, filing fees, permit fees, 111 itigation costs, construction and engineering
inspection services, and any and all other ancillary costs and expenses) of
construction necessary to complete the Prl~ect in accordance with the "Plans
and Specifications" (as hereinafter defined). After the Final Certified Estimate
of Probabl~ Costs has been submitted to and approved by the County, then the
same shall be referred to herein as the "Final Certified Estimate of Probable
Costs." The Final Certified Estimate of Probable Costs shall not be subject to
change or modification without the written consent of both Developer ancl the
4
Agenda Itern ~~o, Be
r~overnber 14, 2006
Paqe 77 of 511
Agenda Item N-o, 10A
April 11, 2006
Page 8 of 42
County. The Final CCltified Estimate of Probable Costs shall not include any of
the costs. fees or other monies paid and/or inculTed by or on behalf of the
County under paragraph 7 of this Agreement.
B. The Professional Engineer shall prepare the plans and specifications for
the engineering and site development work (as amended from time to time, the
"Plans and Specifications") for the Project. After the Plans and Specifications
have been submitted to and approved by the appropriate govemmcntal entities.
Developer shall not change, revise 01' modify the Plans and Specifications
without the prior written consent of said governmental entities.
C, On 01' before the date on which Developer submits its application for the
right-of-way use permit, Developer shall pl'Ocure, at its election, either a bond or
letter of credit ("Surety") in favor of the County in an amount equal to one
hundred-fifteen percent (115%) of the Final Certified Estimate of Probable
Costs.
3. The County shall have the right to draw against the Surety only after an "Event
of Default" (as hereinafter defined) has occurred and remains continuing beyond
the "Cure Period" (as hereinafter defined); provided, however, non....ithstanding
anything to the contrary contained in this Agreement, the County must provide
Developer with written notice of its intent to draw against the Surety (including
the amount to be drawn) not less tban ten (l0) days prior to making such draw,
and the County shall only he permitted to use the drawn Surety funds to\vards
the completion of the Project in accordance with the terms of this Agreement.
4. Developer shall have the right to (i) once per qUaJ1er reduce the Surety in an
amount equal to the amount of funds expended by Developer in connection with
the Project during the immediately preceding quarter, and (ii) terminate and
extinguish the Surety on thc datc on which the Project has been completed and
ac,cepted by the County,
5, Developer shall not have any obligation to either increase the amount of the
Surety to an amount grealer than One Hundred Fifteen Percent (1] 5%) of the
Final Certified Estimate of Probable Costs nor replace any amount of the Surety
after any draw against (by the County) or reduction of (by Developer) the same.
6. Developer shall deliver to County, simultaneously with the execution of this
Agreement, an attorney's opinion letter attached hereto as Exhibit "E" stating:
(a) Developer is an entity duly formed, validly existing and authorized to
conduct its business in the State of Florida; (ii) Developer has the requisite
authority (i) to enter into and execute this Agreement; (ii) to perform under and
in accordance with the terms and conditions of this Agreement; (iii) procure
financing in the amollnt of the Surety.
7, The County acknowledges that it has acquired all of the right-of:'way necessary
for the construction and completion of the Project, inclusive of all embankment
5
;\oenda iten~l f\lo. 8e
~ro\!elTiber 14 2006
Page 78 of 511
Agenda Item No. 10A
April 11, 2006
Page 9 of 42
easements, temporary construction easements, drainage easements, retention
areas as well as all other types of easements and areas acceptable to the County,
through eminent domain or any other method of acquisition. Any funds paid by
Developer to the County to cover the County's costs associated with such
acquisition, including, without limitation, the preparation of alternative
alignments, legal descriptions, appraisals, and acquisition funding shall be
reimbursed to Developer by the County no later than October 1, 2006. The
County's obligation to reimburse Developer under this paragraph shall survive
the completion of the Project and acceptance of the same or earlier termination
of this Agreement.
8. The amount of road impact fee credits to which Developer shall be entitled to
under this Agreement (collectively, "Road Impact Fee Credit Amount") shall be
equal to the amount of the Final Certified Estimate of Probable Costs as
amended from time to time. The Road Impact Fee Credit Amount shall be
earned and available for use by Developer immediately upon (a) Developer
expending any monies towards the design, construction and ultimate completion
of the Project with the amount of Road Impact Fee Credit Amount earned being
equal to the amount expended by Developer from time to time, and/or (b) the
County drawing against the Suret)' with the amount of Road Impact Fee Credit
Amount earned heing equal to the amollnt of monies drawn by the County
against the Surety fyom time to time, and/or (c) the payment of any and all
monies by Developer to the Coullty in the event the County is unable to collect
on the Surely and the County seeks and rec.eives payment from Developer in
lieu of the Surety, The Road Impact Fee Credit Amount once earned by
Developer shall not be subject to forfeiture, reduction, recission or diminishment
regardless of whether or not Developer commits an Event of Default. This
paragraph shall survive the completion of the Project and acceptance of the same
by the County or earlier termination of this Agreement.
9. Until such time as the Project is constructed, completed and tendered to the
County for acceptance, Developer shall indemnjfy and hold harmless the County
from all liability directly arising from the construction of the Project and shall
furnish adequate liability insurance in the amount set forth in the COllllty Risk
Management Guidelines as attached hereto as Exhibit "F".Such insurance shall
be in addition to the Surety posted for the completion of the road.
10. In the event the actual cost of construction of the Project is less than the Final
Certified Estimate of Probable Costs, Developer shall be responsible for
reimbursing the County for all 1'0 ad impact fees utilized above the actual cost of
construction, Any over-payment of credits by the COllnty shall be reimbursed to
the County within ninety [90] days after the County's demand for the same aftcr
completion of the Prc~ject, if it determines more road impact fee credits were
utilized than the Developer was entitled to rceeive. Dcveloper therefore shall
pay all the road impact fees above the actual cost of construction of the Project.
6
Aaenda Item No, Be
~rovember 14, 2006
Page 79 of 511
Agenda Item ~o, 10A
April ii, 2006
Page 10 of 42
11, Upon acceptance of the Project by the County, if the actual cost of completing
the Project exceeds the actual amount of Road Impact Fee Credit Amount
utilized by Developer, then on or before October 1, 2008, the County shaH be
obligated to reimburse Developer an amount equal to the actual cost of
completing the Project less the actual amount of Road Impact Fee Credit
Amount utilized by Developer. Therefore, the County shall reimburse
Developer for all amounts expended by Developer in completing the Project
above the actual amount of Road Impact Fee Credit Amount utilized by
Developer. This paragraph shalJ survive the completion of the Project and
acceptance of the same by the County or the earlier termination of this
Agreement.
12. In exchange for the advanced construction of the Project, Developer shall be
vested with 850 residential units in and for the Terafina Development as the
construction of the Project shall be deemed a prepayment of road impact fees
and the Developer shall be vested in these units for a minimum of five [5] years
after the execution of this Agreement. It is anticipated that the time for build out
of the Terafina Developmcnt will exceed five [5] years for traffic concurrency
purposes. The parties agree that good cause exists for an automatic five (5) year
extension of the initial five [5] year vesting period providcd7Dcveloper
substantially adheres to the Phasing Schedule attached hereto in Exhibit "D"
which phasing schedule the County has agreed to. The additional five (5) year
vesting period shall commence on the date on which the initial five (5) ycar
vesting period expires. If the total road impact fees needed for the Terafina
Development exceeds the cost of the Project, Developer sh all be responsible for
paying the difference at the rate then in effect. Said vesting shall be evidenced
in a duly authorized Certificate of Public Facilities Adequacy iSS\led by the
County. Developer shall apply for the Certificate of Public Facilities Adequacy
by way of written letter and a copy of this Agreement fully executed and the
County shall issue such certificate based on the same within thirty [30] days of
the execution of this Agreement or as soon as possible, This paragraph shall
survive the completion 0 f the Project and acceptance of the same by the County
or the earlier termination of this Agreement.
13. The County shall utilize its best eff0l1s to review and approve, and use its best
efforts to cause other governmental entities to review and approve, all plans,
specifications, applications and/or other submittals delivered to the County and
other governmental entities within ten (10) business days after the same has
been submitted to the County and such other governmental entities for review
and approval.
14. The County shall utilize its best efforts to assist and cooperate with Developer in
the application, procurement and issuance of any and all permits, inspections
and approvals necessary to construct and complete the Project in a prompt and
timely manner.
7
,Aqenda Item 1\]0. Be
rJovsmber 14. 2006
Paae 80 of 511
Agenda Item N~o. 10A
April 11, 2006
Page 11 of 42
15. The County shall join in, and the County shall use its best efforts to cause other
governmental entities to join in, any and all applications, submittals and such
other items which are necessary to construct and complete the Project.
16. The total amount of Road Impact Fee Credit Amount earned by Developer under
this Agreement shall be evidenced by a Road Impact Fee Credit Ledger.
[Attached hereto as Exhibit "G"], The County shall on a current basis maintain
on the Road Impact Fee Credit Ledger written evidence of the Road Impact Fee
Credit Amount earned, used by and available to Developer until such time the
Road Impact Fee Credit Ledger reflects a zero balance.
17, Developer shall the right to rely upon the Road Impact Fee Credit Ledger for
confirmation of the Road Impact Fee Credit Amount remaining to Developel'
under the terms of this Agreement.
18, Developer represents, warrants and covenants to the County that the following
are true and conect in all material respects as of the date of this Agreement and
shall be true and correct in all material respects until the completion and
acceptance of the Project:
A. Developer is a limited partnership dilly formed and validly existing in
the State of Florida and has the full right and lawfi.ll authority to enter into this
Agreement.
B. The execution, delivery and performance of tbis Agreement by
Developer has been duly authorized and no consent of any other person or entity
to snch execution, delivery and performance is required to render this
Agreement a valid and binding instrument enforceable against Developer in
accordance with its terms.
C. The Project shall be constructed in accordance with the Plans and
Specifications in a good and workmanlike manner fi'ee from all defects, liens,
claims and encumbrances caused by or through Developer, except as specified
pursuant to or in accordance with this Agreement.
D. Once Construction Work has commenced on the Project, Developer shall
ensure that the construction of the Project shall not stop for a period in excess of
thirty [30] consecutive days or longer, unless said stoppage is:
(a) Required by the County 01' any governmental entity and not caused
by actions or omissions of Developer or its employees or agents; or
(b) Caused by a "Force Majeure" as that term is generally known in the
constlllction industry,
8
Aaenda Item t-Jo, se
tJovember 14, 2006
Page 81 of 511
Agenda Item No. 10A
April 11, 2006
Page 12 of 42
E, Developer has not granted, and will not grant or permit to exist, any Lien
(as defined below) on or against all or any portion of the Project, other than
Permitted Encumbrances (as defined below). As used herein, "Lien" shall mean
any security interest, mortgage, pledge, lien, hypothecation, judgment lien or
similar legal process, charge, encumbrance, title retention agreement or
analogous instrument or device (including, without limitation, the interest of the
lessors under capitalized leases and the interest of a vendor under any
conditional sale or other title retention agreement), but excluding (i) any
easements, covenants or restrictions of record necessary for the construction and
completion of the Project and/or acceptable to the County and (ii) liens arising
fwm taxes or claims of suppliers, mechanics, carriers, warehouses, landlords
and other like persons, where such taxes or claims are being contested in good
faith by appropriate proceedings, or a surety posted therefore, As used herein,
"Permitted Encumbrances" shall mean Liens approved by the County.
F. The Developer represents and warrants that there arc no actions at law,
suits in equity or any other pl'Oceedings before any governmental agency,
commission, bureau, or other arbitration proceedings against or affecting the
Developer that if adversely determined would materially and adversely affect
the Developer's ability to complete the Project or would adversely affect the
Developer's ability to execute and deliver, and perfonn its obligations under,
this Agreement.
19. In the event of a thirty [30) day stoppage of work on the construction of the
Project except as described above in paragraph 19, the County shall have the
right to call upon the Surety for any necessary draw, pursuant to and in
accordance with Paragraph 3 herein, to continue or complete the Project. If the
Surety fails to immediately provide necessary funds to tbe County for the
County to conti.nue or complete the Project, the County may take any and all
legal action available to it, including declaring Developer in default of this
Agreement (subject to applicable notice and cure provisions), and the County
may take all necessary steps to complete the Project and secure "Reimbursable
Costs." The term "Reimbursable Costs" as used in and throughout this
Agreement shall mean the actual cost to complete the Project in accordance with
the Plans and Specifications for the Project as they exist at the time of default or
Event of Default by Developer under this Agreement that causes Developer's
removal from, and the County taking over and completing, the Project; tt being
acknowledged and agreed by the County that except only for Reimbursable
Costs, Developer shall not be Iiuble whatsoever for any indirect, consequential
or punitive damages of any kind 01' nature or any other costs, compensation
and/or expenses whatsoever for any default or Event of Default under this
Agreement. Consequential damages sbalI mean: losses that do not flow directly
and immediately from an injurious act, but that result indirectly from the act.
9
i\Oimja item l\lo. 8e
rJovelllber 14. 2006
Paqe 82 of 51
Agenda I(em No. 10A
April 11, 2006
Page 13 of 42
20. The County represents, warrants and covenants to Developer that the following
are true and correct in all material respects as of the date of this Agreement and
shall be true and correct in all material respects until the completion and
acceptance of the Project:
A. The County is a corporate body politic duly fonned and validly existing
in the State of Florida and has the full right and lawful authority to enter into
this Agreement.
B. The execution, delivery and performance of this Agreement by the
County has been duly authorized and no consent of any other person or entity to
such execution, delivery and performance is required to render this Agreement a
valid and binding instrument enforceable against the County in accordance with
its terms and conditions.
C. The County shall (i) issue the Road Impact Fce Credit Amount to
Developer, (it) vest the Terafina Development with traffic concurrency for 850
residential units for the initial five [5] year vesting period and the five [5] year
extension vesting period pursuant to the terms set forth in this Agreement, (iii)
issue the CCI1ificate of Public Facilities Adequacy for the initial five [5] year
vesting period and the five [5] year extension vesting period pursuant to the
terms set forth in this Agreement; all of the foregoing in accordance with and at
the times required by the terms and conditions oftbis Agreement.
D. The County shall allow Developers to use, allocate, assign and apply all
or any portion of Road Impact Fee Credit Amount duly earned hereunder in
accordance with the Collier County Consolidated Impact Fee Ordinance, and
public facility adequacy Ordinance as amended consistent with the terms and
conditions for any certifications issued from time to time.
21. The occurrence of any of the following events shall be deemed to be an "Event
ofDefuult":
A. A breach by Developer to comply \-vith any of the terms or conditions of
this Agrecment by whicb Developer is to comply.
B A breach by the County to comply with any of the terms or conditions of
this Agreement by which the County is to comply.
C. Notwithstanding anything to thc contrary contained in this Agreement,
an Event of Default shall not be deemed to have occurred unless and until the
party seeking to declare an Event of Default ("Non-Defaulting Party") has
provided the other party ("Defaulting Party") with written notice ("Default
Notice") of the default ("Default") commitmcnt by the Defaulting PUl1y in
specific detail and the Defaulting Party has failed to curc said Default within
thirty (30) days afteI' receipt of the Default Notice ("Cme Period"); provided.
however, if the Default is one not reasonably able to be cured within the Cure
10
Aqenda Item l\Jo, se
rJovember 14, 2006
Paqe 83 of 511
Agenda Item N-o, 10A
April 11, 2006
Page 14 of 42
Period [the tenn ~~reasonable" shall be defined by mutual agreement], then the
Cure Period shall be extended for an additional time period as may be
reasonably necessary to cure the Default provided that the Defaulting Party
commences to cure the Default within the Cure Period and continues in good
faith to diligently cure the Default to completion.
D, If Developer commits an Event of Default prior to Developer postjng the
Surety, then the remedy of the County shall be: (i) the right to terminate this
Agreement, (ii) the right to terminate the vesting rights of the Terafina
Development granted in and under this Agreement, and (Hi) the right to require
Developer to assign all of its right, title and interest in and to all plans,
specifications, documents, applications and permits that have been prepared,
submitted and/or issued to or on behalf of Developer,
E. If Developer commits an Event of Default subsequent to Developer
posting the Surety, then the sole and exclusive remedy of the County shall be the
right:
(i) to require Developer to assign to the County all of its right, title and
interest in and to all plans, specifications, documents, applications and
permits that have been prepared, submitted and/or issued to or on behalf
of Developer,
(ii) to require Developer to terminate any and all Construction Work,
(iii) to remove Developer from the construction site ofthe Project,
(iv) to complete the Project in accordance with the terms and conditions
oftbis Agreement using the Surety,
(v) utilize its Alternative Dispute Resolution procedure, [attached hereto
as Exhibit "H"],
(vi) pursue such other legal remedy it determines is appropriate to
recover Reimbursable Costs: it being acknowledged and agreed by the
County that except only for Reimbursable Costs, Developer shall not be
liable whatsoever for any indirect, consequential or punitive damages of
any kind or nature or any other costs, compensation and/or expenses
whatsoever for any default or Event of Default under this Agreement.
Consequential damages shall mean: losses that do not flow directly and
immediately from an injurious act, but that result indirectly from the act.
F. Notwithstanding that an Event of Default may have occurred, Developer
shall nevertheless be entitled to reimbursement from the County on or before
October 1, 2008, and the County shall be obligated to reimburse Developer on
that date, for all amounts expended or incurred by Developer under this
Agreement in excess of the amount of Road Impact Fee Credit Amount utilized
by Developer. Such reimbursement obligation of the County shall survive the
completion and acceptance of the Project by the County or earlier termination of
this Agreement.
11
Aoenda IterTl f"-lo. 8e
r~~~)'venlber ,4, 2006
Paqe 84 of 511
Agenda Item N'o, 10A
April 11, 2006
Page 15 of 42
G. If after posting the Surety Developer commits an Event of Default, then
the number of residential units vested for traffic concurrency purposes in the
Terafina Development shall be equal to the number of building permits that the
sum of the following calculations could pay for with respect to road impact fees
only: [1] tbe actual amount of money expended by Developer in connection
with the design, permitting, construction and completion of the Pt'Oject, plus [2]
any amount received by the County from the Surety and/or Developer; provided
however, if at, or any time subsequent to, Developcl' having committed an Event
of Defimlt after posting surety the sum ofnumbel's [1] and [2] above equal or
exceed the total amount of road impact fee payments needed for all building
permits for all 850 units in the Teraftna Development as set forth in paragraph
one herein, then the Terafina Development shall become and remain
permanently vested for 850 residential units for traffic concurrency purposes,
This paragraph shall survive the completion and acceptance of the Project or the
earlier termination of this Agreement.
H. In the event the County does not approve any Terafina PUD extension
requested by Developer after Developer makes an administratively complete
application submittal [or such extension pursuant to and consistent with the
provisions of Section IO.02.13.D of the Collier County Land Development
Code, Developer shall timely submit an application to amend the Terafina PUD
to extend the same (the "Amendment Application"). In such event, if: (I) the
County denies the Amendment Application, or (2) the County approves the
Amendment Application, and such approval (i) reduces the number of approved
units compared to that currently approved, and/or (ii) imposes any condition of
approval that imposes any new or significantly increases any existing obligation
(fInancial or otherwise) on the Developer, then in any of the foregoing events,
Developer shall have the right, but not tbe obligation, to terminate this
Agreement on written notice to the County, whereupon, this Agreement shall
terminate, Developer shall have no obligation to commence or complete
construction of the Project, and the County shall reimburse Developer for all
fees, costs, expenses and other charges mandated by this Agreement and
actually paid by Developer in connection with tbe Project within 6 months after
the date of such termination, This paragraph shall survive the termination of this
Agreement.
22. Developer shall not be penalized based on a Collier County Government caused
delay.
23, Thc failure of this Agreement to address any permit, condition, or term or
restriction in the actual design, permitting and construction of the Project shall
not relieve Developer or its successors of the necessity of complying \vith any
Jaw, ordinance, rule or regulation governing said permitting, requirements,
conditions, or terms of restriction in the actual design, permitting and
construction of the Project.
12
Agenda Item f"-Jo. se
November 14. 2006
Page 85 of 511
AgendC1 Item No. 10A
April 11, 2006
Page 16 of 42
24. This Agreement shall only be modified or amended by the mutual written
consent of the parties hereto or by their successors in interest.
25, The burdens 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.
26. The performance and execution of this Agreement shall be carried out in
conformance with the Risk Management Guidelines established by the County's
Risk Management Department as more particularly described in Exhibit "F"
attached hereto and incorporated herein by reference.
27. This Agreement shall be recorded by the County in the Official Records of
Collier County, Florida within fourteen (14) days after the County, by its duly
authorized Chairman, executes this Agreement. A copy of the recorded
document will be provided to Developer.
28. Any party to this Agreement shall have the ability to tile an action for injunctive
rdief in the Circuit Court of Collier County to enforce the terms of this
Agreement, said remedy being cumulative within any and all other remedies
available 10 the parties for enforcement of this Agreement.
29. The Road Impact Fee Credit Amount identified herein shall run with the
Terafina Development as described in Composite Exhibit "w' amI "B-1" and
shall be reduced by the entire amount of road impact fee due on the first
building permit issued thereon and each successive building permit until the
Terafina Development is either completed or the Road Impact Fee Credit
Amolmt is exhausted or otherwise no longer available. It shall be Developer's
obligation to notify the County that an Impact Fee Credit is avai [able, each time
a building permit is applied for. If a Road Impact Fee Credit Amount is
available, then the amount of Road Impact Fee Credit Amount utilized shall be
deducted from the available balance as shown on the Road Impact Fee Credit
Ledger,
30. An annual review and audit of performance under this Agreement shall be
performed by the County to determine whether or not there has been
demonstrated good faith compliance with the terms of this Agreement and to
report the Road Impact Fee Credit Amount applied toward payment of road
impact fees and the balance of the available unused RoaJ Impact Fee Credit
Amount. If the Collier County Board of Commissioners finds, on the basis of
substantial competent evidence, that there has been a material failure to comply
with the terms of this Agreement, then the default provisions as stated herein
shall apply.
31. The duration 01' availability of tile Road Impact Fee Credit Amount pursuant to
this Agreement, shall not be for a period in excess of five (5) years from the date
13
ltern r'~o. 8e:
14, 2006
Page 86 of 511
Agenda Item No, 10A
April 11, 2006
Page 17 of 42
of final completion of the Project and in no event shall the availability of the
Road Impact Fee Credit Amount under this Agreement exceed seven (7) years,
exclusive of any moratoria, from the date of recording this Agreement in the
Official Records of Collier County, Florida. For the purposes of this
Agreement, the date of final completion of the Project shall be the date of
acceptance of the Project by the County. An extension of the Certificate of
Public Facilities Adequacy for an additional five [5] years as provided for in this
Agreement shall be construed as a moratoria pursuant to Section 74-205 F4 of
the Consolidated Impact Fee Ordinance, as amended,
32. The off-site improvements, for purposes of impact fee credits, shall exclude any
access improvements to the Terafina Development.
33. The Transportation Administrator has determined that the proposed road impact
fee credit plan and vesting rights earned and granted under this Agreement are
consistent with the public interest.
34. Developer has delivered to the Office of the County Attorney an affidavit listing
the names and addresses of all partners, if a partnership, and stating that the
entity is in full force and effect.
35. The partks acknowledge that the contributions herein characterized as work
done and property rights acquired by a highway or road agency for the
improvement ofa road within the boundaries ofa public right of way.
36. The Road Impact Fec Credit Amount shall only be for contributions made to the
transportation network to accommodate grm'\.1h and which were made within the
respective road impact fee district where the Project is located.
37. Developer shall keep or provide for retention of adequate records and supporting
documentation which concern or reflect total project cost of construction or
installation of any improvements to be contributed, This information shall be
available to the County or its duly authorized agent or representative, for audit,
inspection, or copying, for a minimum of five (5) years from the termination of
this Agreement.
38. Any notices required or permitted to be given under this Agreement shall be in
writing and shall be deemed given if delivered by hand, sent by recognized
overnight courier (such as Federal Express), transmitted via facsimile
transmission or mailed by certified or registered mail, return receipt requested,
in a postage pre-paid envelope, and addressed as follows:
As to County:
Norman Feder, Transporlatiun Administrator
Transportation Administration
2885 South Horseshoe Drive
Naples, Florida 34104
14
Agenda Item ~~o, se
November 14. 2006
Page 87 of 511
Agenda Item No. 10A
April 11, 2006
Page 18 of 42
With a copy to County's
Legal Representative:
David Weigel, County Attorney
County Attorney's Office
3301 East Tamiami Trail, 81h Floor
Naples, Florida 34112
With a copy to County's Road
Project Representative: Jay Ahmad, Director
Transportation Engineering
& Construction Management
2885 South Horseshoe Drive
Naples, Florida 34104.
As to Developer:
G.L. Homes of Naples II Corporation
c/o Kevin Ratterree, Vice-President
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, FL 33323
With a copy to Developer's Michael S. Sheitelman, Esquire
General Counsel: 1600 Saw grass Corporate Parkway, Suite 300
Sunrise, FL 33323
With a copy to Developer's
Legal Representative
Mark F, Grant, Esq.
Ruden, McClosky, Smith, Schuster & Russell
200 East Broward Boulevard
PO Box 1900
Fort Lauderdale, Florida 33302
Notices personally delivered or sent by overnight courier shall be deemed given
on the date of receipt, notices sent via facsimile transmission shall be deemed
given upon transmission and proof of receipt as evidenced by a confirmation of
transmittal page and notices sent via certified mail in accordance with the
foregoing shall be deemed given three (3) days after being deposited in the U,S.
Mails.
39. This Agreement shall be construed and governed in accordance with laws ofthe
State of Florida and in the event of any litigation hereunder, the venue for any
such litigation, shall be in Collier County, Florida. All of the parties to this
Agreement have participated fully in the negotiation and preparation hereof and,
accordingly, this Agreement shall not be more strictly construed against anyone
ofthe parties hereto.
40. In the event any provision of this Agreement is determined by appropriate
judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or recol1strued as such authority determines, and the
remainder of this Agreement shall be construed to be in full force and eftect.
15
l\genda ltenl r'~O, 8e:
November 14.2006
Page 88 of 51 1
Agenda Item No, 10A
April 11 , 2006
Page 19 of 42
41, In construing this Agreement, the singular shall be deemed to include the plural,
the plural shall be deemed to include the singular and the use of any gender
shall include every other gender and all captions and paragraph headings shall
be discarded.
42. This Agreement constitutes the entire agreement between the parties, and
supersedes any other agreement 0" understanding of the parties with respect to
the matters herein contained, This Agreement may not be changed, altered or
modified except in writing signed by the parties hereto.
43, The parties agree that in the event that any date on which performance is to
occur falls on a Saturday, Sunday or state or national holiday, then the time for
such performance shall be extended until the next business day thereafter
occurring,
44. Developer is and shall be in the performance of all work, services and activities
under this Agreement independent of the County and not an employee, agent or
servant of the COUllty. All persons engaged in any of the work or services
performed pursuant to this Agreement on hehalf of Developer shall at all times
and in all places be subject to Developer's sole discretion and supervision and
control. Developer's relationship and the relationship of its employees, agents,
servants and contractors, shall in all respects, shall be independent of the County
and not as employees or agents of the County. Developer does not have the
power or authority to bind the COLlnty in any promise, agreement or
representation other than as specifically provided in this Agreement.
45. Except when otherwise expressly stated herein to the contrary, whenever one of
the paliies to this Agreement is to give its consent, decision, determination 01'
approval, such consent, decision, determination or approval shall not be
unreasonably withheld, conditioned or delayed.
46. The Final Certified Estimate of Probable Costs shall be adjusted upon
completion of the Project to reflect the actual cost of construction of the Project.
Developer shall not be entitled to any reimbursement under this Agreement for
those portions of the Final Certified Estimate of Probable Costs that exceed
fifteen (15%) percent of the approved Final Certified Estimate of Probable Costs
unless such amounts in excess 0 f said fifteen [15 %] percent are caused by
changes or modifications to the Project as requested by the County f1'om time to
time after the Coullty has approved and accepted the Final Celiified Estimate of
Probable Costs of the Project.
16
,Agenda Item No, se
~~ovember 14, 2006
F'aqe 89 of 511
Agenda Item No. 10A
April 11, 2006
Page 20 of 42
]7
Aoenda Item r'~o, se
rJov8mber 14,2006
Paqe 90 of 511
Agenda Item No, 10A
April 11, 2006
Page 21 of 42
List of Exhibits:
Exhibit "A": Composite Exhibit A-The Project
A~Project Description
A-I - Preliminary Alignment Logan Blvd. Vanderbilt Beach Road
To Immokalee Road '
Exhibit "B": Composite Exhibit B- The Teratina Development
B- Legal Description of Terafina Development
B-1 - Terafina Location Map
Exhibit "C": The Preliminary Estimate of Probable Costs
Exhibit "D": Phasing Schedule
Exhibit "E": Attorney's Opinion
Exhibit "Ii''': The COllnty Risk Management Guidelines
Exhibit "G": Road Impact Fee Credit Ledger
Exhibit "H": Alternative Dispute Resotution Procedures
18
Agenda Item ['.Jo, se
November 14, 2006
Page 91 of 511
Agenda Item No. 10A
April 11, 2006
Page 22 of 42
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
AS TO COUNTY:
By:,~_
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
COLLIER COUNTY, FLORIDA,
By: _,__~___________._.. _._~_.
Frank Halas, Chairman
Attest:
DWIGHT E. BROCK, Clerk
AS TO DEVELOPER:
WITNESSES:
G,L. HOMES OF NAPLES ASSOCIATES ll,
LTD., A FLORIDA LIMITED PARTNERSHIP
Print Name:
By: G.L. Homes of Naples !J Corporation
A Florida Corporation, its General Partner
By:
Print Name:
Name:
Title:
Date:
19
;\;,)snda Item ~~o, se
iJovenlber 14 2006
?aoe ~:2 of 511
Agenda Item No, 10A
April 11, 2006
Page 23 of 42
STATE OF FLORIDA
COUNTY OF BROW ARD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instnnnent
was acknowledged before me by , the of
G.L. Homes of Naples II, a Florida Corporation, freely and voluntarily under authority duly
vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal
of said corporation. He/she is personally known to me or who has produced
as identification.
WITNESS my hand (imJ official seal in the County and State last aforesaid this _ day of
,._-' 2006.
NOTARY PUBLIC
(SEAL)
Name:
(Type or Print)
My Commission Expires:
A pproved as to form and legal sufficiency:
Assistant County Attorney
K r/terafi naJ dca2ndversioJl,krO 1 0906
20
,L,cJenda !ten-I No. 8e::
t]ovember ,4, 2006
p;::, ;:.qLof511
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Agenda Item No, se
November 14, 2006
Page 97 of 511
Agenda Item No, 10A
April ii, 2006
Page 28 of 42
EXHIBIT C
Preliminary Estimate of Probable Cost
Design
Construction
Construction Engineering/Inspection
$ 890,000
$ 7 ~650,000
$ 450,000
Total
$ 8,990.000
25
. Year 4 (byOctobcr I, 20(9) --A.pplyfor mid receive a minjtllum~ofI25bpildi~lg
permits within the Tcratina dcvelopmentbct"vel';nOc~ober 1,2008jlHQ Septenlber30.~ "
2009; resulting in atotaJ of 175pemlils within the Tcrafina "deveJopmeJlfbeingreccived
prior to September 30,2009. .
21
Agenda Item No. se
. _.~_ ._,......... v,.. .,".' ,'"...".~.",W"~, "'~.';,':-,-".', ..."'...'~,.. ".......,.,... ,-..... -"'''.' ~~..,.,,,, t...kw.en;iller.. J A 2006
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.:,'," ,;,;~: i"'l~',r:i 1!~if'[~l.jr; .....'." ',:;i:n:;~H,iti!;Ef it,;; . .,;, ',' . '.-' J~~~1~fur~1:m1ti;~i~j~~~;,e1~O: j OA' . .. n,
o ..._ ..,.""..~~:~:; _:'.:;:[-:~;:;:,~::'~i''f-~':~'':~~'-; :,',:: ::'::::',~':"{'::.':~-'~:_:":~ ~-::.:'!: .. _m_'~'._.. ,..'. : '_"~'<'::~';j.>:' ... ,",
. .....,' ,.' .n",;'!' :'~~Ji~~~;6W~ROnj~~, "'.::i~;W:,.:~:,:JL;, ...' ......... .... '. .,.,'. .....:. ,"
, ", , " ~. '.> ~~:' :BEFORE. ME',' Ui$ 'um:larslw,e<i' NotarY Pubilo" Ref~,on~,lll ~ppear~d N. Marla: Mene,nde:i (tns,.-.
, "Aftlann, to' me \l\!ElJI.knd~n to p~ ,the person V1h9,inad~ and sub~cti~ed:the follo~lng Affidaylt, who, UP.QD '
bel.ng flrs~by IT!e~.ul)' ~\\Iotno.~ o~~lJ~~~p:~~ed ,andsald~~f?~I~~~:.. .. .~.: ,', ,.',' , ,. : . '.' . .,'. .
, ..,"....', .....; :,' 1',' '::,A~~t'I~'ui~.:YI~:;ri~~~j~~ni't.~:d'.~;~i86~M.~~bFr :NA.pU:;S'II~66RP6~ATJ8N;"~;~~Hcik .'.
cotpohlJlon" ttie 'sole'. gei1l'ir'al..p~rlner:9f:: ~ ~L;,:J-lOMES' O~:'tJf(l.PLES ASS(:lOle.Tl:~llj,L TO.; ..(;i\ Fl,on~a".
.lltrilt~Q pat1ne~hlllH"e ~P~I1f1~~hlp~}.fmp~~~':sucH ' h,~,~.. P~S9n~~kn()~I~dgf3()f}h.~~y~ln,es$,and,afffl,lrSQf
sBldP~rthet~l1lpai1d ohllf~cl~'~la~e~~a~e~~d~t(\,'.':U.;:,'~,".' .... . ..<;,,,q,.. . ... ';'.
.', '.: ':, .... 2:..:,:...ih~' sOI~r:_geh$raIP1~er'i'otth~:''':paM~r~hip:~IS.::Q.L; ..::HQM~s':o~,:NA'PL~~'Ol i.'.,:
.~ORPQM T10N,a FI()rl~a'.. o()rRl)r~JI()n: (ifi$ '.~QrP9~tilin~),:havln!:r;ana~dr~$s.. : of: ,1600' Sewgrass
~9rp~r.at~perk~ari:SiJlle~OO,'Sunrls,~,..F,lor~?~a3,~2:~i'!,:." . ..'.,.,"'. ' '. ,., .. .. ,",......, ..... .,.
;. c,.', (a)' thesol~sh~reholderoOhe corp~ra,tlol"ll$ (3',L.HOMESq F FLORIDA HOLD IN (3'
CORPORATION,. a FlorIda corporatlon, {"F1Q!'lda, HoldJng"), havlnganaddr!'lss of. 1600 Sawgrass,
Co,rp(jl"aie par~waY($ul\e300" SunrIse, Florida 33~2~..' ., ' .., .. .
, '" ... (b) The"solesh~reholder~fI=IQrlda;Holclln~il~ltihakEZratti,~vingan'sddfeisG of
1600Sawgrass Corpbrate Parkway, SUlte,300,Sunrlse, Florida 33323. ' . .
, . - . ", - . ,.". , . ... .. .=..'
.'. '. ...3; The limited 'partners of'~he'Partner6hlpare:(a}GL HoMESQF PLORJpAL/MITED
CORPORATION,s Florida, oorporaUon' .rFlorlcla' Llmi\sd"), .hI'JVlng. ,an ...addret;9.of '1600 Sawsrass
'CorPorate ParKway... Suite 300, Sunrise, ,Florida.. 33323: . Elrla. (b) RESIDENTIAL FUNDING
CORPORATION. a Delaware 'corporation (~RFC'), having an' address of 8400 NQrmandl!lle: Lake
B'oul~\lard, Sulte250, Mhlneapolis, Minnesota 55437.:
,. . , .
(a). The sole shareholder of PlorldaLlmlled 113 FlorIda Holding, having an addfeSsQf.
160QSswgrass Corporate Parkway; Suite 300,Sunrlse;Florlda33323.
(I) The sole !.lhll~eholderofFlol'tdaHoh:Jing Is Itzhak Ezratti, hewing ,an
,. address of 1600 ~awgrass Corporate ParkWay,SlJlle. 300, f3~~Ilse,Florlda 33323.
. .. . (b) . ThE/sole shareholder of RFOis RESCAF' CORPORfl..TION, having i3tl address of
8400 NorrilBhdale Lake Boulevard,Suite 250. Mlntle~polJs,Mlnnesota 65437, .
... ..... ..(1) , The sole dsharptlolder'of RESCAP CORPORATION Is · GENERAL
MOTO~S ACCePTANCe GORPORATION;havlngah address of 8400 Normandale LakEl ElolJleverd;
Suite 250; Mlnneapolls,Mlnnesota60437. .. . . . ... '
, ..' .. 4.' This Affidavit Is made and glvan< In 'connection with that certain applloalion fors
Developmont Order Extension for the Teranna PUO by the PartnershIp, This Affidavit Is made under
penalties .of p13rjury. .Inaddltlon, Affiant declares .IMIAffiant ha$. examIned. th Is Affidavit and to. the best of
Affiant's knowledge and belief Ills true, corrGctjand oomplete. : Afflantfurlher declares that Affian1 has the
authorityt!') execute this Aftidevlt on behalf of the partner$hlp, .
. . (5. .. Affiant Is execiiitlng. thIs Affidavit solely lnheroapaclty as Vice President of the general
partner of tho general partn~r. of the Pertnership,and no resort shall be had to any of Afflanl'spersonal
assets on account hereof.
6. This affltl,avlt Is b~lng gIven to correct an In Inadvertent Inaccuracy contained In
paragraph3(b) of the Affidavit previously dellvered to Collier County In conneotion with 1hal certain
appllcatlon for a DevelopmentOrder Extension for the Teraflna PUD by the Partnershtp,B copy of which
Is attached hereto as Exhlb!t "A". . .
[NoTARIAL SEAL)
.. ... . -
Personally known to me or
Produced Identiflcation '.. .
, ......' ...... ,,_. ..'_. _ .Agenda Iter:' ~_o,~~.~,
. ,.w:"':"~"~"..."."""'~~'fT"'::',rf~~";~}:;"~1~~.t~;,,'.
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...".,.,. +'~"C~';~..,;~.~:; ,;:~;,::...;:,:i:,: '::,,',' . . ......>,,;::": ":"'~,:, :,"~ ,,;,,>,,':: ... ;: 1': .. .." .
. ". ;., ... '.':'>,~_':':: :":':',;,'::'f.t;:!';;:RIsk,MANAotM'ENr'aOlDELl'NEsF'orF:':': ..::,' "" .....: ':'.....,:..: '..
, ,', .' ,';. ':.,..." ,...:,;"_'::,RtG.BYOln~/A,Y:AN:b..CoNs~tRtjG':rlQl-f:,,,,:',::";:';::.'" ,: ",
:: '. --. ':, ,.,,:: C', '..'."'.' 'OF'LQGAN.I30UtE~ARD, <', . " ';',': ~~ ,~."::' ,: '
..,
, .~, I)evel~p~r":~~~;l; maint~in ,,~11~ requjr~d ,C6111~;~erci'al'G~nel'al:Liabi'lity. ins~nlilce::i~,'full
.. ' :.- foi~e~ il'nd effect), Jor ~be dtltation of the, c.onst~1.lction .phase, of.J;::ogan, '!3!:>,~I~ya):d, ;until '
.: ,',' a~~~ptCd b'tth~~ CO,tlllt)' pursllant to the terius set.f?rth.h~rein. Tne :~~ca:jij~!ned)ilia!1 b~: ': ,
:~s,seftbrth ~ here ill iriExhibit '.(B;~ to th i s Developer Coilli;ibution Agr~eln,~nt Dey~IQP~1! '
':. . .'~jsha'(L,:hl&inftliiiComin,erci~J : QYllcrM.Lii-lbiU,ty.'Insuinnce ': ih:l illlit~:Qf :nor:f~~Si: than..
'-"~$l tobo.oo,O.OQ: PGI'Qccl.trrclice. c6111bilied single limits, C~:.)V~r~lge.'shal1 he' \witten, Oil un
o~cll,rrellce form. Develop~r shall name Collier COWlly us' il/'ll1dditionul insured 'on: said,
policy. .
:Jeffr~y Walker,RiskManugemcnt Director
· Collier Co untyGovenl mcnl
Agenda item r'~o 8e
t~ovember 14, 2006
of 511
30
Item No, se
1Nrn.ODOCTION:" .,.. .'.. . .,. .
. ,....'..:l,l~~da: .1~~..'pr~~i~~s'..~at~~#e~.~ai~iW~~~~.'.'J~m~~: ~~ vk1id,.....
, ,. irrevocable lind' enforceable. . Unless oilierWise p'rovi.d~ fofheiein, the 'provisions
. . :~,;.OfFloridir Slatll~es, 'Cbapter 682.01 el seti,~h'an be,ccntrOlUi1g:' ":'.' .
. , ',.... ...... '::::.'::J'bese- prbvisiof!sprovkleam~~~sifttor~Qlve,da.irria or kHsputes tha( ..
. 'O'criuidpoteptia(lYlcad:t6Iitigarlon ill eonstrU'ctiQPcon~t~i...The obJe9t is to'
,atteinpt>t6 settle claims by mutua}agre~inenrCli't9In~c} & good faith effort to .,
. settj.eClain15 and disputes prior:to Iitigati~n in'court. The methods' itwolve
binding arbitration and,pre~suit mediation, Arbitration is a quasi-judicial .. .
approach in which a dispute is resolved by a trier offact after presentations by
.. opposing parties. Its purpose is the speedyan~ec6nomicaJ resolution ofdisputes:
Arbitration is traditionally a less formal process than court litigation, Mediation
is a method llsedto scttledisputcs using an impartial person who listens to
presentation by both sidesimd facilitates settlelllentnegotiations between the .
parties... .. . .. . ... ; . .
. CollierCotintywili.utilize theT:.ventieth 1udicial Circuit. Court Mediation
and Arbitration Program, [hereinafter '~Couri Program"], to faciJillltethese .
<procedures.: . . ., ' ' ,.. '
Claim:' A demand byeilher party to acontractforan equitable adjustment
of payrnentunder a Collier County constr\.lctii:mcbntract. A claim should
cover all unresolved disputes existing atihe time of presentation to arbitration
or mediation, .
i,2 Evidence: Oral testimony, written or pnnted material or other things
presented to the arbitrator(s) or mediator[s] as proof of the existenccor
nonexistence of n pertinent fact.
." , . -.
J]"JRISDJCTION:
3.1 Aclaim that does not exceed $250,000.00, excluding interest claimed, shall
be submitted to binding arbitration, The parties may, by mutual consent,
agree to a one~person or single arbitrator panel. Aggregate claims may total
more than $250,000,00 for binding arbitration, but no single claim mav
exceed thai amount
H.
Agenda Item f\lo, se
Novernber 14, 2006
,...'.-.,......-"..
: ~';: ,ti,:;-:"~~~i::~:~,>~,.::~ i: :..~ :-.:~:::~~. ;',i \, ~,':: :,;'~' ~ ~:,:':::~\-{i :;''-:;- ;":~: ~ ~...;::
,:-~;-!;I' '-;J :.~."!:; "~: ;:~,:,;
, ;- - :;;~. ,: 0 ~ .,,:::,:-:~:~_!:~_::; ;':::~:~;_: ~,--:.. " ; '~';.:., :,,'..~_~-:: . -.. - -..,,~
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3; 2 A Clalm'in exbess df $250, OOQ.Oo'br()ughtpUrsUantto'ac()nstfuetiort~Oritracf;"
,:'w.iilith~i~PUI1ty,s~r4(~~.:sti.bipitfed :t~,lli~4iaH~~! QI', ,"'~@1g,lirt)i~tio'n 'if;~ :;;
, - . - . VqJWl~lY ligr~ep ,t9;W:all;p'8@~~"AJtcl~,~I~s: thaI1$2$O'dQQ.@iiiidhiU:,: . :.-
__- '_': :_:;:~_:__d~ili~O~~eC~~lf~i~t~~~i~:O~ns~cti?n :c~ntra~t,Wit1i -~h~;"' ',-
, . , : -..".- ,'-'~" ,..~.. . ,.;:. . . -- ... -'~ ..-
"3,3, Prior_to the-instituti~~- of any liti~tion in e. cirCuit oo~ ag~i .C~mer "
, - - Co~ty. ih.is-D~~ute__Resolution pio~e.ss must be initiated. ~ - , -
J..;:.()t1ce llie(AsPu.tJres()lutionpr.ochd~huS been-~ti~ted; - acounofiaw.may
'.~()t:consid~ the ,issues. involved: in the claim(s) until the dispu.e resolution.
p!".'>pess Iil1Sh~ncronipleted.. .
3.5 'D1e claimmustbc adisputc bctWeentheCountyand the prime contractor.
Theclahnmust be related .toissuesin dispute, which have neen preViously
.. submitted in good fnith to the County pursuant to this procedure and could
notbeiesolved byriegotiation.
4.
4.1 Eitherpal1Y shall initiate a request for mediation or arbitration within thirty .
(30) calendar days after a denial of the claim after negotiation by County
staff or no Jaterthan forty.five (45) calendar days after knowledge of a claim
by claimant. In anyevenl, no claim shall be made after the date when
institutionoflcgalorequitnbleproceedingsbascdon such claims would be
bariedby the applicable statute of Jimitalions, .
Updn request; the County will make available to any party wishing to initiate
arbitration or mediation, a procedural package containing. the n~essary
fortns. The forms shall include a Notice of Claim, 3 Request for Negotiation,
a Request for Arbitration and a Request for Mediation. The County's
Purchasing Department shall have tliese fOnDS available and they will be
included in the County's bid package.
4.3 Either party to the contract may initiate arbitration or mediation of a claim by
submitting a Request for Arbitration or a Request for Mediation Clai.mFonn
to the PurChasing Department. The initiating party must indicate on the form
whether or not they will be represented by cOlUlsel during the hearing and
may indicate a desire to resolve the claim based solely ona submittal of
document;; by the parties with no hearing,
4.4 TIle Claim Form shall be accompanied by;
2
Agenda Item No, Be
t\Jovember 14. 2006
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.e,:Ni;neWor.diffetentclaim,otherthan achangein'the amountelaimed, ~\'iIl
... be ail~:W~~;~:ll~ce the .time and date for the hearinghas.qeenset. .
-ifthe~bitiationpanelor mediator detem1Incsthatinforrt~1-tionknown to a
petson. .Qotin attendance~t the hearing or the' m~dia1ion is essential to
tirTiving~titsdeCisionor for the . fair. exerci sc of the ttlediat;oII process;. he
or she:rriayobtainawritten affidavit t'rom thaqn:rson and enter such
statem~ntinl(j therccordi "
5:2 ihe~ County silalt'set a time and 'date for an arbitrntlon hewing within 21
cUlendar'days after receipt of the .Request. In scheduling the time allotted
. fora. bearing, fpr comnlpl~d fllWf-.,Sjni1S;dl'S.!l\.on-u';>>, h'\,(,,": gff'vH' Itrl1!"e'll\..~O- rur
thegreateramount oftcstitIlony or otherinfonnationrequired iri order for the
atbitratorsJogain acornpleteundenitanding of the issues, and if a party
. requeSts additional time, the arbitrators selected may continue the matter in
.7~cillendardayjncrcments. A request for a continuance must besubmitted to
the. arbitrators no later than 48-bours prior to the commencement of the
heimn'g.. Q-nve arbitration has begUn. it may only he continued. in 24,- hour
increments. .
. .
5.3 The parliesare expected to cooperate fully with each other in exchanging
information prior to the hearing. In general, it is expected that the parties
Will .have exchanged aIldocumcnls relatjnglo the claim during negotiations
between them prior to arbitrfitlon beillginiliated. In any event"~ .a full .
3
33
-_...,---",-- '.. '.. '-".
,_.'~" ~: :'~: '.~-:~: < ~.~ :~~ -~::~~-~~.
..,
~ _' . . .".- -"'. -, _', " r ,.. - , .
: . ~ '; -",' .~.'- :.~ ~,-
AGenda item r'w, se
.., ,...rJ9YE;mb~cJ, L2QDp.",.
'.. .,' Page'1'ClG of"b'ij"::
"f\gen{J<:\:!temN();1(}A . ,
..,. . ." '. .. ':~f, ;,;':: ,:;."~r~.,'.1Eg~~~!1~1i: ;gt~tii,:,;~t(~;
.,._~.._..'.' "':~'..~""'~_'.,~_ ......: '''_''H''~'~~~':'~. ..- H .. . '_::::::;'':i- :,,!.;,._,~;
.: '-;-,~., "';::;;:~ ;:::~:';~~,::,; ~:~:::;:::. ; ~<.;~":~::~~:;:~',~~;'.:;;~~,-:;~:~} '..,,'." '- '0:.'-.
. -:. . ;<~,:::::;>_~"";"~':'b~'- :'."-'.~ :'::':-:: ::~'7~::-~'~:::.""
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,.... .-...
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. ..'.. - - .' ",' '-. ',. . ~ ~: '".
,iJ ~~,..;.~:
'.5',.4...' :.....b.~~.si~6:~~...;~~ .~i~~.~alli~~..9~i:~ot...~e:.:alt()Wc4.,..~c.ept...\ipOn.'.an drdct
from thearoitra.1orn 10 take . swom testihlijny of an unlivailable witneSs.:. ,. .. .
~ . - __. _c. ',,__. ,__,. ....... , .. ", .: .'-:' :,.'~ --. . ,"',' :"-' '-'.. ~ ~ :- .;".:'.'- ~ ...' :'. -.,
;, ,.' "..;
i . -; .':...;
. ';'INVOLVEMENTOF 'ATTORNEYSIN:A!'J'ARBrrRATION}rEAR.rNG:
. ...., ...., ., - ....,,_..,_.. . . -..', " ..".
. . 'C.ouOseror.lm~tbm; p~rson '.wbo has. sumdelltauiliority to. bind. 'thai party,atany
..heaiiDgJI1~yrepreseritllparty, A colirtreporter Will.b'c pxiseht~ 'uI1less wwvedby
Hb9th'p#ii~~: . . . . ..
Thehearlng will be infonnal and involvement ,of attorneys, if desired, is
exp eded to be minimal. -
. .. .. -
- , , . . "
b. The parties shall have full opportUnity to offef sucnevidenceasisrelevant
and matenal to thedispute. ..
(:, Unnecessary. extensive examination. or cross.exumination. or extensive
argument oflq?;al points by attorneys reprcscntingthc parties will not be
p<;rmittcd. Thea,rbitrators rnaylimit examination and argument nstheydecm
appropriate. . .
7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION:
7.1 The County or court reporter if present shall administer Moath to all persons
:wh'o afe to testify during the hearing:
7.2 D9cuments will be accepted andidelltified for thercc.ord.
7,3 Distinct and severable parts of a claim may be dealt with separately.
7;4 The. order of proceeding will be for the party initiating arbitration to first
present evidence to support their claim. At the bcginningof their initial
presentation, a part)' shall present a succinct statement of the issues and a
positionol1cach issue, . Orderly discussion between the parties as evidence is
. pres.'ntcdwillbe allowed,
7.5 Reasonable attempts will be made to assure that aU relevant evidence
necessary to an lmderstanding of the disputed issues and of value in resolving
the claim is heard andthat each party has the opportunity to adequately rebut
all argwncnts and evidence submitted. The arbitration panel will be the sole
judge of the relevance and materiality of evidence offered.
4
A')enda Item No, 8e
NoveQbQ;r14,2006
Agenda lte~ ~;:nZOOi107 of 511
., .' ,..'-:. '.';='~~-:- v~'--"~'~.=~:~;::1t',;i~.~': :Jf.r'f'p,,,"t'i~i"f~~'!8,t,~".2.'11~:,\.~._-..,:,..:,..,.....:":._,.:.,~.;...~-..,..;...;..';_.::~,..,,.,.'.',
;. ."'" ..'..... :>,..,',~~~", ~.,.,~~,: ~ "..-;:,.' "':.'!,. .. '.. '..-: ',. .". ~ ::::'.'~-:. .".....;:-~.:~.:~:. ..J-. :~. ~,' ,.., j"., I ',.,' , '~"., ,. ,,-'" ," :...~"~':~,~'_i~).';:>:):~.''';Y: . ".'1" ::: -'_,
I,' ~ :' " :".: ~ r :",'i:.r"~;:' :::.:':~ ':.':.. - - nO, '~E i..~.:,:~~.;.....~,::~,...'.~...~.~.,'~.',.:::,~'.\.,':~.~..,..~,..,i-,_);...:,'_;.,).\..~..,~~... :,:.:.'~,_.;...:'..~,'.!.. ;..../:...::,~.,.........;~..,. '.', .',.. ..',...,.-.','.',' ~~,...'" . ., .'. .., .'. ' ,-. : ;,:.. -,' ..; ,... ~.~.~ . .
. .j;;t~:\\Wi,:.j.'\I;iJit,~'t.~i'tjr,',ii\" _ ,'".,(' -', ,-- .... i',i'!'" .,.. , , . .
,...,.:,.:.,.: .. < .. ,,,, <.:::::.:.. ,.. ...:.:..,..:. ..:;:~.
p ," . -:'.',....,:":':~:~..~.:~'~ ~,.:",t... :. ":";...,--';::!;.,:.? ;:..:: .
.1-: .... -h:';:.:,;:,:'. ,"'_";'_~ .~..:..:~:~...:.:_~. . ,"',
,X~,~(~~'141~~~I~I~i~~;'~.~,~~\~i.~(~-.l~.&j "'_
, ,1.1 )vte.mbers" of the. arb,itTaJj<m pane,l may. ask quesUol1$'or-'the.'pilr:ties for ~e
" _pti.:rP-qs~j'ofc~~flcation:.". ' " ' ",', ,::;-.'- _ < -,:;: ',.., : '
1::8t~~\:~4~~~~~1;~~~eW}j~fJ.~~~e~:)s"~~~~~~',(~~~:~~~~~,'~~ch;~c:-':.
, . ..'ar~l~f;,l~n:;PaneLd,eetn~,~plat~,;.tb~l'>~er,'pl17tY.;f&t!r. $evet<l.disttdv~~~e"; · .
~~~~~~~~t~11;~~~1~~~~lli~m.j.~!ect.w
Aste,~bgraphjC: record9f .any hearings.bya Certifi~.C6urtReportei"or
allyp:revtotisly. re~()rdciitestimonyor'docuiriebt prepar?i. und~oath,
such3.$anaffidavh isadtriissi.ble... . .' , '
\
\
\
~-~ ~',~ '
'. '-':,:-"',:
. .
Each p~rty shall bear an equal share of the cost of the arbifnl.t!onpaneL
8. AJJMlNISTRA TION OF MEDIATION:
8,1 '. Th~ respondent shall. prepare n. mediation summary regarding the claim and
furn.ish:a.copy to the party requesting mediatiortnnd to the mediator so that his
receivcdat least. fourteen (14) calendar days J}rior to. the <lute scheduled for. the
rneqiatioll. . ,
8.2;. .' The CC>\loiy shail s<;t ti time and date forlhe mediatIon within 21 calendar
diysaf1er receiptoftheR,eqliesl. In scheduling the time allotted for complex
claiius; consideriltido'l'ill. be given to. the need' fot a greateclmlQunt of
infofplad6n requiredin ordedor the mediator to gain a complete ll1'lderstiU}dingof
the . i~sues. . arid if a . nBrt)l,r('jl'IP_<tf~w'3dr;t.\.s-.:n~,\'ti<<r'lltlc. UI\;YneoJatorselecled may
continuethematterin 7-calendaniayillcn:ments. A request for acontinuancc
m~t be submitted to the mediator no later than 48~hoursprior \uthe
commencement of the mediation. Once' mediation has begun. it mayoll1y be
c6ntmuedin24 '~bourincrements;
8,).. The partjesare expected tQ cooperate fully with' each Qther in exchanging
information... In ,general,.it is 'expected that the parties will.have exchanged all
documents relating to the claim during negotiations between them prior to
mediation. ...Innnyevent, full exchange of documents shall be completed no later
than seven (7) caleildardays prior to the date set for the mediation,
8.4 Each party shall bear an equal share of the cost of the mediatQ.r'. '
.
5
3S
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Aoenda item r'~o, se
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. _ _. ~:~.,. .:;. ~'~_:, ~.;_: :,:~. : ~ ;' :<~~::~,:'~'::~,:):i'":~~-~" . .:~.:-..:'_:l.'r-~::f~
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,.- ,....... .....--.-. - ----
.., . _ ._...*. ......."... 'H' _.. .._._., ,.._ ___. ,..'~ ,.._... ...., .~" -. ...-
.. i',i.',-,.': ~ ."", .,..~.~, i-., - :' c ~.:'~,i -..
" I .... C ", -'c c.....*". ,. H" . ~ . - ,.... ,;:;.. '.., ''- c~c.-; ;:, ....;-..:_,.;-,j.,;:.' ii: c." ,,",
>: : .:.~- ~ ,..:~,~ _t:':~:~ ~:~'~:~:~::.::, ;'~ : -\-~ >~::i ~~i{::HH:~nn:H~jH~jLir_Y.~~ ;:'~~:~:~<~ ;'~: ,> ~:'-' . ~,_. :: ~'~,:.,
: : :.-:~::'~~~;:~.-;,~-:::~-;..:~:.:~:::>:~::~~:::.~~.: ::-:.~ !'E~:; :~:~ ~~ .. - ~ -: "~ '..... .":. --.
" ~ ~;:::< i'_,;~.
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......-......
;
.";, _.. ~,: I'.' ,_,- i.i ,I -'. .' ~':. .. ,,;."
.. :,.. ~~,~,,:1J r1~~h!p~~~Il~n. pay' its .~~,2~sts 'and · *tt(jrti~y.fci~~:. .
. ..?~;tiijij~_.~~~t~*i~~~*~1~~~~,:~1j'~f.~....~#thJ.ed
,....... 8.7:.~;';;g'lI.p~:f~i~~toj~t?~af_~' a.l1.~lY.'~otig.ed.nj~~ti,(mWitho.tlt.go~ca~~_#..
.. '.shlillbear.'thc:cQstl;'ofthe niediator, attorneYs'JeeSaild otl1er costs, TbeGouitti
. pr,.;$y:\):th~~-:;p~~ii.o :~~tY' ti#iuired"t~&>nductitSc ~usiness,puduant; to FloridU -
StailJ(iS,:,chaptij:.2:86,..t1iaf.. partys!lall'bedeemedto 'nppear Pat.8. .mediation.
. . cOUferentloJ'Y the. physi~al presenc~()fa: reptesen~ative 'with authority to negotiate
.... ortbehalf'ofthQ;CntitYarid to. recommend: settlement .t<;> the'appropri Eite .decision.,
making ho~yorthe entity... '.. .. .. '
8,8:~-j --Ar:iiJiYi.s; d~6rtled 1~ appear if the party_or jtsrepresenta~fve having fun
auth.oiity to: s.ettle Lwithout further consultation,the. party"S-: c()unsel or a
repreientativeoftne - insurance. carrier who.. has full.. authority. to 'scttleup to the
qmb~f_Qithe:cliimaI;t's-laSt demand or policy limits, whichever islcss, without
fW1her consulmtipn. .., .
g,g.Theti1ediatorshall at all times be in control of the mediation and the
procedureit6 b~e' fo)10wcd In the. medi ation.
g,lOCounselshilll be pennitted to communicate privately with their clients. In
the discretion of the medi..,tor, mediation may proceed in the absence of counsel.
8.11 Thernedja~or. may meet and consult privately with any party or parties or
lheirco~nscl.if;ny, '
8,12.. Ira parthllorfirialagrcemenf is reached, it shall be reduced to writing .und
signed by the partY~sandthCir counsel, ifany,
8.13 ",' If the parties-do not. reach an. agreement as to any matter asa result of
mediation.; thc(inedhitor shall prepare and distribute to each party ~ report
indicating the lack of an agreement without comment Of recorrtmertdatioh,. With
th~ c::onseritof the parties. the mediator's report may also identify theouiStanding
legal"issuesor o1t1eraction by any party that,if resolved or completed, would
facilitate the possibility of a settlement.
9. CO.f\1PENSATION OF THE ARBITRATION PANEL OR MED!ATOR:
Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the
eu.ri"ent rate for the Coilrt program. An additional fee of 25% shall be payable to
IheCourt Program for idministration of any arbitration, but.shall not be.a.ssessed
fora mediation. The parties shall equally share all costs and shaU..remitall
charges to the Court Program upon the conclusion of the ADR Pshceis. .:
6
Agenda I~el'!l, No, 8C,
_ _''___'_'_', .__~."._.,"_,," < -- "7' ~, ,"'- -=<,~;;".""'''r=.c_''''b.O.".'..~'bvei'fltJ~.,.~.~~~<r:
.. .......... "ib;uj-~=J:i,';,,:' ". .... '. .'.... ':":"iA~~,\.r,i..'.r..,.~..:.d:"..:!.t.~..~~,J,',,'~.',}..,~.~.".~,l.-.,~:,,5.j,...1.',:.,,~..,.,::1,....,::...~..';'..'.'
~',:~rL,{:'.~,~ 1'?~ U::: ..',:t~~~1:':~:~:~:~:f:::~'.~'T~':;=:::~'~~:~ ':',~:..,-,~-:. ~.-;',;"...-". ~:~.. -.'~,~ ; ,,;,-;.;:.; j' ". , .. .' ',. ...-.. '. -.....',." - - - _ _ _ ~ - - - - - -" >.~; - , ..
. :~ :;, :,~"~:: ..~':':~, ~::,:,,:,: ~:1;;;';;: j::'C:. : '.', ;',:. ,:::::: ,':.,,, ..., io;;;., .,... ;:i;~r/i::::::'f:;:;'2:.:r::l ,:J::;;V';t":~.,
- _",-. ,_ ..- - : .~ ::.~ ~ ~:-:::~~. .. :-,:~~~\ ~;,;..:;,~~;~':::r?:~ ,:.:.~: ~'.~~:~>~...~'>,~:~:,~>:,,~,~":.':.'.-~~,'~:,~'-", co, ...., _ ,'."" .; .. .- -'. ": ':". -., ~.". , - - .'M.2
" ~.",.., ':',:3~;:,>T':'''::::,/:~::i,,:f,:'..;.,.::~,,:',~-.'''''.':. ....,
". .~ .\',;.:~ ~ ,', '::, ::".::~!~: :'~ ;:?: ~.~>-~
..... ....'_.-.".
,. : _,.)'':,~7.~::; :.,f ::; :,.-".
.. - -. . --..- ':>:~':~''-:,! j,,::: ';:5 ~-- .,:"
. , . - ~ ,~ - . ~ ..'-:
;" ..~ ::;: - : ,: ., : ' : '!, :' .'.<::; ~:,:::' .. .'. .: ,: .:'," - ~.: :
.,
';. ,,: ",. '.; ",:' ~ .
'B~~I~~~~~~~~~~~~~r~i~(::rs~]~::~.~~'"
1. oX::jttri~:qe)ir!lQl,~:'t1i~taH'8.rpitl'~tionplli.ld' members. bave eXp~~nce 'whli~ th~,
, typ~:ofcon,~lJlictiol:l iJlvolved in)hisprojeqt,' '~, ' .
10.4. .ltis~,uripera1ivc.that media't~rs... and arbitriitionpanel members.shbw nO
partialifyjoeither the Contractor or-the County, norhavcany conflict ofintc,riist.. .
10.,5 . Thecrlteria,: imd
niembers, bipis iSfollovis: ' ..,
, . '-. ..-....
- mediators and arbitration panel
,."" , . .. :
a. ' Theper!)on[sl:sel~~ted wi!l!1pth\lve any di,rect or indirecto..vnershipor
,:financi~l'ir1fel'e~tmthc Contractor awarded the project. theCEI'
c(.l:ns.i1lling firm selcqled for theproject,ln any subcontractor or supplier
oqhepr~ject,110lin othcqlanel .tile~bers. Eachpanel member shaU
providcastll.ternel)l of no known conflict.
,,-' ... '.
b.' No arbitrator or lllediatbr shall have had any prior il1;{()lvcmentiii tbe
'project" of a. nature thM cOl,lldbcCOI1.Strucd to comproiriisd hislllerabilily
.toiinparti~lly resolve: disputes. .
c. :,.l:'War~,itrator ,or mediator Will b~erripl()yed by the eonh-aCtor awarded
the ~ proj eet; :the eEl consulting fiimselccted for the project or by any
.' subcoritri\ctor. 6tsuppl:ier. of the. project during the life of the Contract,
ex~~pt~ as a ,plUlel member or mediator. . '
- d.TheFlonda 'aMes, of Couit Rules 10.20 '} et seq., Part II of the Rules for
, Mediators and. p~. 11 of tbe Rules for Court Appointed Arbitrators shall
, apply, except Rulel1.l1Q and Rules 10.870 through 10;900.
e. R.u.les 1.720(<:); (d), and (e) of the Florida Rules of Civil Procedure
, governing mediation are incorporated herein.
7
Item h!o. se
J acqueline-Uub15ard . Robinson
Assistant Count)' Attorney
8
Agenda Item No. se
November 14, 2006
..,..~~~'_.,,~~~,:,..:,,},~,.~,~,~,I.i,..._;:__.,.._;.::',~._...':,....:;....;_....:,.:.".i~..._,::,',:.~.:',.._:.,!,..1_:,..._:.__'j'.,,_,'.,:._.~,
'~:;:.:\i, 'r>':::~\:{~:.t..: :;. ~:>::,~;:,~:V.:~:,~:: .: ~"', " . " :." ~'~ ,. '<. > "' "'~ ,'" ':: ,', .' :- .i " - - .'.' ;,...:'." '::'._,' ,.,." ~,;-';";~. _ ~'~. ...., .'
. '", . . ;... : ." .;c , ~, :" ., '.:...; .." u.. :. -:..._~ "\ . - ..
'. ~.:~ :. :.~~:.:':i :-'
..-'- 'M~'" ":i:; 'n'_" ~ -'" ',".... _' ;,.,~ I ,:n
. . :' .,. ,..... . :,':;->,,~:,>~ :~",:::::--~'::'~, ,:...: ....., ': ;::.~..: i,~..~'.: ">~':::: .;~:~;:" ~..:'-~- ,':i:~ '.' i',:,:',t,"'::~"""" -C",':' - ,"':' .';: ,. ; ,~'. ,: ." :,,,-:
" ; !..:' r}",:.: ..' j','" ,.' ..",. ._".~ .'~ '!'.:',..:\'::.:~':..:-.-: ',,:~":;:~',., ...~ ~';'-: ~"-~.
.- ; . "; -:: ~,' :.,: >, ~ "
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. Op 'to' 14 :daY$ after' Ol:lC~C~ ,or N9tiee of Gtaiin:r wliic~ever is .t'itilt]": The
, matter~~ be ncgQ~~~ ,~lli,go';Wty Sta(l:' " '.. , " :'..
: widi~:7'tfuYs' dr ~~iP~6h,toti~e'~fCI~m:,sraffsbal,I.Pf~~~,:a ~tt.~~b~~l. . .
, " ".., -".. - 'i: ~:'~,~ :~ -: :"
"
;'-'-;
._ ,: !,~.::_,;,,",;, ;" - , " ,to., ,~'"
'V{/thiryjQPiys~~~'N~~:~ii~t~Qn'&~ithCouittY~taffen4sor Withiri45:d~y~ Qf ..,
,thedat9 QftheQcc\JJT~~ce;,a:R.equef)tfor;Nbitt:atjori oiMediation MDst be Filed.
Aft~ra'Reque~t forArbitr~ti()n()r 'Mel.iilltio'n is, Pileci:
Witllib.2i 4ays:Tfie'M e<iiation . 6tArb itiaUo~siJa Ilhc setinCliJding . then!1mes. 0- t
theparti~iparitsandQU relevant claim documents forwarded to' the Mediator or
Arbitrators,,' .
, -
NO' Li\tcrThan14 dayspriart6daJeO'fMedluti.on:, A writtcnrcbuttal to arty claim
.. must be served on opposing p~y and Mediator orArbitra~ors, '
No LaterThan48lfolirs Prior to thc.date offhe Mediationot Arbitration: Any
requ~st ror'a'.<i(j~til'iu'liIlcd'must be fih:d with the Arbitrators or Mediator with a
copy to County Statl ': ... .
. Once: Medindbn'Or A:rbiti:~t'ion beglllsit may'be c~nljnuedfor ollly24ltours ata
tUne with theconsel1t of the Arbitrators or Mediator.
Within J 4 days of C9~clu!:lion-ofArbitration or M edi ation:Writtr.Qdp.ci!~i.Qn..t11l1~L'u.
be!$sued indicatirigtbat ac~rtain'conchlsion has been reached or an impasse
entitling clatinanttoprofeed to 'court litigation.
Both parties ,mustunderta:ke~Il AI>Rproceediogs in good faith.
H/]*<:kiclDi$putcRe:oJuhon Proc<<IlIt1l
9
39
(lli3[i{!jJ
Agenda Item r'~o. 8e
i~ovember 14. 2006
PUDEX-2006-AR-9610 Page 112 of 511
PROJECT #2002050014
DATE: 4/27/06
MELISSA ZONE
ARTERIAL CORRIDOR ANALYSIS
FOR
IMMOKALEE ROAD
(Livingston Road to Collier Boulevard)
PROJECT NO, OJ08~2
PREP ARED BY:
Metro Transportation Group, Inc.
1265'1 McGi'cgor Jloulevard, Silite 4:-403..
Fod Myers, Florida 33919
941-278:'3090
September 26, 2001
CONTENTS
1. INTRODUCTION
II. BACKGROUND
III. ANALYSIS
IV. ARTERIAL LEVEL OF SERVICE DETERMINATIONS
V. CONCLUSION
Agenda 11em No, 8e
November 14,2006
Page 113 of 511
,Aoenda Item No, Be
~,Jovember 14, 2006
Pa;:)e114of511
I. INTRODUCTION
Metro Transportation Group, Inc. (Metro) has conducted a corridor analysis for
lmmokalec Road in response to Collier County staff's concem about the future traffic
conditions on lmmokalee Road. This analysis is based on the traffic conditions that are
anticipated to be present on IllUTIokalee Road after the construction of the Terafina and
Mirasal residential developments. As a result of this analysis, Immokalee Road was
analyzed from Livingston Road to Collier Boulevard (C.R. 951) utilizing the computer
analysis program SYNCHRO@ along with the latest version of the Highway Capacity
Manual and the corresponding latest version of the Highway Capacity Software (HCS). A
map of the conidor is illustrated on Figure 1.
II. BACKGROUND
Immokalce Road is currently being widened to a four-lane roadway fiom just east o[ 1-75
through Collier Boulevard. In addition, should the upcoming ~ penny sales tax
referendum he approved, lnunokalee Road between 1-75 and Airport Road will be
widened to six lanes. Both of these projects were assumed to be completed by the
analysis year selected for this report. TIle analysis year utilized [or this analysis was
2005. 111is year was selected after referencing the traffic study for both Terafina and
MirasoL
Along the corridor study area between Livingston Road and Collier Boulevard, there are
~
existing traffic signals at the following intersections:
Livingston Road
The Strand
1-75 'Vest Ramp
I-75 East Ramp
Oakes Boulevard
Laurel Oaks Elementary School
Gulf Coast High School
Collier Boulevard.
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Agenda Item ~~o, se
~~ovember 14, 2006
Page 115of511
Several new traffic signals were assumed to in place at the time ofbuild~out ofthe two
residential developments. These include the following intersections:
Northbrook Drive
Logan Boulevard Extension (Olde Cypress Entrance)
Pebblebrook Drive (Mir"asol Entrance)
Therefore, for this analysis. there were a total of eleven (11) intersections included in the
anal ysis.
The trips associated with the Terafina development was referenced from the Traffic
Impact Statement' (TIS) prepared by Metro dated December 27, 2000, as revised per
County staff, Terafina is located to the north of Immokalee Road within Section 16,
Range 26E, Township 48S in Collier County, Tcrafina is proposed to contain 340 single-
family units ~md 51 0 mu1ti~family units upon completion in 2005. Terafina will have
direct access to the Logan Boulevard extension, which is currently called OIde Cypress
Drive on the north side of lmmokalee Road.
,
The vehicle trips associated with the Mira'1ol development was referenced from the
Traffic Impact Statement (rrS) prepared by Vanasse & Daylor, LLP dated January 11,
2001. Mirasol is located to the north of lmmokalee Road within Sections 10, 15, and 22,
Range 26E, Township 48S in Collier County. Mirasol is proposed to contain 375 single-
family units, 425 multi-family units, and a golf course containing 45 holes. Mirasol will
have direct access to lmmokalee Road opposite Pebblebrook Drive as well as to the
\
extension of Collier Boulevard north of Inunokalee Road. As previously noted, it was
assumed that the intersection of Pebbtebrook Drive and Inunokalee Road will operate
under signalized conditions, although a signal at this intersection has not been approved
by the County at this time.
TIle Districtwide System PImming for Florida Intrastate Highway System report for the I-
75 Interchange at Immokalee Road, prepared for the Florida Department of.
Transportation by CH2M Hill on May 3, 2001, was referenced to obtain future traffic
volumes along the Immokalee Road corridor between Livingston Road and Oakes
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A:Jenda Item 1\10, se
f\t:JVembet" 14, 2006
Page1E;of511
Boulevard. The traffic volumes indicated on the illustration for the 2004 Design Hour
Tuming Movenients for the 6-Signal Alternative were utilized in order to obtain
background traffic conditions for the Inunokalee Road corridor from Livingston Road to
Oakes Boulevard. A copy of this diagram is located in the Appendix of this report for
reference. This diagram assumes that there will be traffic signals on Immokalee Road at
Northbrook Drive and The Strand in the year 2004.
The 2004 traffic volumes located in this diagram were factored to the year 2005 traffic
conditions based on the growth rates discussed in the CH2M Hill report on page 5. An
annual growth rate of 4.15% for lmmokalee Road was assumed, and an annual growth
rate of 5.51 % was assumed f(x the ramp volumes ofI-75.
..
Traffic from the recently constnrcted Pebblebrook Lakes development (Riehland PUD)
was also accounted for in this analysis. The TIS prepared by Vanasse & Daylor for
Pebblebrook Lakes, dated August 31, 2001, was reviewed in order to obtain traffic
projections for the intersection of Inunokalce Road at Collier Boulevard. Pehblebrook
Lakes is located within SeCtion 27, Range 26E, Township 48S in Collier County.
Pcbblebrook l...akes is under construction and is proposed to contain 300 single-family
dwelling units, 100 multi-family dwelling units and 23 I ,000 square feet of commercial
ill-ea. This development will have access to lmmokalee Road and Collier Boulevard. The
TIS created for this report analyzed the intersection of Immokalee Road at Collier
Boulevard. The traffic volumes projected at this intersection were utilized in this analysis
in order to obtain background traffic volumes for the intersection ~f Immokalee Road and
Collier Boulevard. In addition, the traffic volumes indicated in the intersection analysis
contained in the Pebblebrook Lakes TIS for the lmmokalee Road/Pebblcbrook Drive
intersection were utilized in this corridor analysis. Pcbhlebrook Drive wiII align opposite
the Mirasol residential site access drive. A copy of the Pcbblebrook Lakes intersection
analysis for Inunokalee Road/Collier l30ulevard and Immokalee Road/Pcbblebrook Drive
are included in the Appendix of this report for reference.
TIle 2001 aIde Cypress DRI Monitoring Report prepared by Metro, dated May 29,2001
was also referenced in this analysis. TIle aIde Cypress development is located on the
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Agenda Item No. se
t-Jovember 14. 2006
Page 117of511
north side of lnunokalee Road within Sections 20 and 21~ Township 48S, Range 26E in
Collier County, Florida. aide Cypress Drive, or the Logan Boulevard extension, will
provide the OIde Cypress development access to Immokalee Road. It was assumed that
this intersection will operate under signalized traffic conditions in the year 2005. At this
time, only a few residential units in the Olde Cypress development has been constructed.
In addition, the aIde Cypress development will not be completed by the time Tcrafina
and Mirasol are completed. For this reason, it was necessary to assume a certain
percentage of Olde Cypress would utilize the Logan Boulevard extension to access
Immokalec Road. aIde Cypress is proposed to contain t ,000 dwelling units upon
completion, as well as a golf course and some commercial uses. It was assumed that 50%
of the OIde Cypress development would be completed by the year 2005. Therefore, half
of the aIde Cypress trips were dish-ibuted onto Inunokalee Road and are included in the
background traffic.
Ill. ANALYSIS
In order to analy.lc the lmniokalee Road corridor from Livingston Road to Collier
Boulevard, two separate arterial analysis methods were performed, and then the results
obtained from the two methods were compared. The first method is based on modeling
lmmokalee Road in SYNCHRO@ 5. The second method is based on pelfonlling a
Highway Capacity Manual Arterial Analysis utilizing the Highway Capacity Software,
HCS 2000. In both cases, Immokalcc Road was analyzed based on the following
scenarios:
2005 background traffic conditions (w/o Terafina & Mirasol)
2005 traffic conditions with Terafina development traffic
2005 traffic conditions with Mirasol development traffic
2005 traffic conditions with both Terafina & Mirasol
Both the Terafina and Mirasol development traffic was distributed to the surrounding
roadway network bas;e<l on the FSUTMS distribution analysis, as completed by Metro ill
the Traffic Impact Analysis for the Terafina development.
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l-\aenda Item No. 8e
i'Icwember 14. 2006
Page118of511
As previously discussed, Metro assumed traffic signals at the following intersections:
Li vingston Road
The Strand
1-75 West Ramp
1-75 East Ramp
Northbrook Drive
Oakes Boulevard
aIde Cypress Drive/Logan Boulevard Extension
Laurel Oaks Elementary School
Gulf Coast High School
Mirasol!Pebblebrook Drive
Collier Boulevard.
111ese intersections were assumed to be signalized based on the CH2M Hill report
previously discussed, current traffic signal locations, and anticipated traffic signal
locations based on the future residential development and the 2005 traffic conditions.
IV. ARTERIAL LEVEL OF SERVICE DETERMINATIONS
Metro utilized the arterial analysis package SYNCHROQ to analyze both the intersection
impacts as well as the corridor impacts. SYNCHRO@ is a Windows@ based complete
software package for modeling and optimizing traffic signal timings. SYNCHRO<O
utilizes the methods of the 2000 Highway Capacity Manual to calculate capacity and
arterial analysis. In addition to the SYNCHROl!::l Analysis, Metro also conducted an
analysis utilizing the more familiar Highway Capacity Software (lIeS), developed by
McTrans which also implemcnts the methodology of the 20qO Highway Capacity
Manual.
TIle timings of each signal along the study corridor were optimized in order to provide
efficient progression of traffic along Immokalee Road. Protected left tum phasing was
':lot utilized on the cross street approach unless there were heavy through traffic volumes
or other conditions wananted such phasing. Left turns from the arterial were only
allowed on the protected phase at each location.
Page 5
___."__.u,,.__,.,~~..~..____
Agenda Item No. se
~"ovember 14, 2006
Page119of511
Based on SYNCHROCl and BCS methods utilized to analyze the lnunokalee Road
corridor, it is projected that the corridor will operate under acceptable Level of Service
conditions once the Terafina and Mirasol developments are constructed. The Appendix
of this report includes the SYNCHRO@ Arterial Level of Service reports for all four
scenarios. In addition, the data sheets from the HCS 2000 Arterial Analysis are also
included in the Appendix of this report. Table 1 illustrates the projected level of service
conditions on Immokalcc Road based on the SYNCHRO@ and HCS 2000 analyses
performed for all four traffic scenarios.
Table 1
Arterial Level of Service
Immokalee Road
2005 Traffic Conditions
Table 2 compares the intersection capacity analysis for each scenario analyzed. As can
be seen from this table, no Intersection along the corridor will be significantly impacted
as a result of either or both of the proposed developments.
Table 2
Intersection Level of Service
lnunokalee Road Conidor
2005 Traffic Conditions
Livin ston Rd. 0 D
The Strand B- B
1-75 W. Ram C C
1-75 E. Ram C C
Northbrook B B
Oakes Blvd. C C
Lo an Blvd. C C C C
Oakes Elem. A A A A
Gulf Coast H.S. A A A A
Pebblebrook A A B B
Collier Blvd. B B B C
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Agenda Item No. 8e
November '14, 2006
Page 120 of 511
V. CONCLUSION
Based on the analysis conducted by Metro, tbe lmmokalee Road corridor will not be
significantly impacted as a result of the Terafina and Mirasol residential planned
developments. Analysis conducted utilizing the arterial analysis program SYNCHROo
as well as the latest version of the Highway Capacity Software indicates that the Level of
Service along the corridor will remain unchanged once both developments are completed.
Intersection capacity analysis also indicates that the signalized intersections within the
study area will not be significantly impacted and will maintain acceptable Levels of
Service once both developments are completed. Supporting documentation as well as
data printouts from both analysis programs as well as infonnation collected by Metro
from other sources regarding background traffic conditions are contained in the Appendix
of this report for reference.
\\K:\O 1 \08\12\repOlt.d6c
Page 7
Agenda Item No. 8e
~~ovember 14. 2006
Page 121 of 511
APPENDIX
Aoenda Itenl ~~o. 8e
t~'ovember 14. 2006
Page 122of511
TRAI~FIC VOLUMES
Agenda Item ~~o. se
l~ovember 14, 2006
Page 123 of 511
DISTRICTWIDE SYSTEMS PLANNING
FOR FIllS 2004 SIX-SIGNAL
AL TERNA'l'IVE TURNING
MOVEMEN'T COUNTS
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A.genda Item [\)0. se
November 14. 2006
Page 125 of 511
PEBBLEBROOKLAKESSYNCHRO
OUTPUT: IMMOKALEE ROAD @ C.R.
951
Lanes, Volumes, Timings
2: Immokalee Rd & CR-951
l)'iJenda Item I'Jo. Be
I\Jovember 14. 2006
PaGe 126 of 511
8/31/2001
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Lane Configurations ++ 7i
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FH Permitted 0.082 0.950
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link Distance (ft) 599 2304 766
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Adj, Flow (vph) 1105 196 38p 452 368 715
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Uniform Delay, d1 33.7 1.6 .32.4 10.7 32,0 17.2. .
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Queue Length 95th (ft) 482 53 #440 1D1 355 #578 .
Interhai;t:lnK'fD.Tsv.7fnjJ~lR;:~f!5?l1f;J!?~j~~~:~7{.';(.?~~'?:%'~~22'4 ',,'!~17686~~INW}W&~:~~~it}~)~~lgr~1\~~
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Turn Bay Length (ft) .
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PM PEAK-Provided timings
Synchr9 5 Report
, Page 1
VANASSFORT-ST51
Lanes, Volumes, Timings
2: Immokalee Rd & CR-951
Agenda Item No. se
~~ovel11ber 14, 2006
Page 127 of 511
8/31/2001
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PM PEAK-Provided timings
Synchr95 Report
, Page 2
VANASSFORT-ST51
Agenda Item [\lo. 8e
November 14. 2006
Page 128 of 511
PEBBLEBROOK LAKES SYNCHRO 5
OUTPU1': IMMOKALEE ROAD @
WESTERN RESIDENTIAlj ACCESS
Lanes, Volumes, Timings
7: lmmokalee Rd & Western Residential Access
Agenda Item No. se
hlovell1ber 14, 2006
Page 129 of 511
8/31/2001
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PM PEAK-Provided timings
SynChf~ 5 Report
. Page 4
VANASSFORT-ST51
Agenda Item I'~o. 8C
Novernber 14. 2006
Page 130 of 511
IMIVIOKALEE ROAD CORRIDOR
TURNING MOVEMENT COUNT MAPS
,
2005 BACKGROUND TRAFFIC
CONDITIONS
Agenda Item No, se
November 14, 2006
Page131of511
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Aqenda !tenl f\Jo. Be
f'.Jo\/srriber 14, 200'3
Page 132 of 511
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November 14, 2006
Page 133of511
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Agenda Item No. se
i'Jovember 14, 2006
Page 135 of 511
2005 TRAFFIC INCLUDING TERAFINA
ONLY
2005
Arterial Level of Service
Arierial Level of Service: EB Immokalee Road
,!\oenda Item rb. Be
~~~ovember 14. 2006
Immokale&'Rb~d6 of 511
with Terafina only
Uvi~gst9n Road .33;5' 14,0" 47.5 0.3 2.6:4' C
The Strand II 45 37.6 3.4 41.0 0.4 35.1 A
1.75 SO(jthbound Rampl 45 27:4 21.3 48.7 0.3 19.5 0
1-75 NQ[1hbound Rampl! 45 10.9 9.2 20.1 0,1 17.9 0
NOrthbr.gpk Drlve II 45 2(.1 10.0 37;1 0.3 25.3 C
Oakes Boulevard II 45 17.5 16,8 34.3 0,2 16.9 0
Log~rj~pulevard Exte II 45' . 56:1 12.6 . .68.7 0.7 36.7 A
Laurel Oaks Elementa II 45 53.0 0.5 53.5 0.7 44.6 A
GU!(RqastHi9ti Scho II 45 ?~:O 0.8 28.8 0.3 3504 A
Pebblebrook Drive /I 45 96.3 5.6 101.9 1.2 42.5 A
C:R:',95l II .~ 45 43:0 1.7 44.7 0.5 38.1 'A
Total /I 430.4 95.9 526.3 4.9 33.2 B
Arterial Level of Service: WB Immokalee Road
C~R'95f . 40.'0 5.1 45.1 OA' 35,1 A
Mirasol Site Access II 43.0 9.1 52.1 0.5 32.7 B
GulfCqasfl'Jigh. Seho II 134.2 104 135.6 1.2 32,0 B
Lauref Oaks Elementa II 28,0 0.9 28.9 0.3 35.3 A
!~ogan ,8()ul9.yard Exte II 53.0 23.5 76,5 0.7 31.2 B
Oakes Boulevard II 56,1 8.2 6tl. ~; 0.7 39.2 A
NorthbrQok Drive II 45 17.5 3.1 20.6 0,2 28.1 B
1-75 Northbound Rampll 45 27.1 17,5 44,() 0,3 21.0 D
1-75 ~outtlbound Rampl 4::; 10.9 3,7 14.6 0.1 24.7 C
The Strand II '15 27.4 4.2 31.6 0.3 30.0 B
Livingston Road II 45 37.6 10.3 47.9 0.4 30.1 B
Total II 474.8 87.0 561,8 4.9 31.7 8
RlP
9/2712001
METROTFOR4-FF51
Synchro 5 Report
Page 1
. .
Agenda Item f\,Jo. se
f~overnber 14, 2006
Page 137 of 511
2005 TRAFFIC INCLUDING TERAFINA
AND.MIRASOL
2005
Arterial Level of Service
Itern r'~o. se
14.2006
Immokalee R'01fcr 38 of 511
with Terarina & Mirasol
Arterial Level of Service: EB Immokalee Road
'>'-1' , f:&~{$??lff':~4. :M~
.f.....,.j 'l.t~,-..::~~::.~..<.......~~}l\~~~ .l<'Il.....~,.r~.l~lJ~
The Strand 45 1.4 39.0 0.4 36,9 A
"';'i~;>,a":WIU" 'fWii:'m'gj' "''''''''''''''ltn''''''' """rg'~""'r'.'c.:, {''''f''f.jl'''~'''';)j!'},I~~'-'- 'ro'" '''~;...' "..." ,-,.. ',,"''''''', ";---'''', ,"'.'0..,' 'il"" '., '.' ""','.~"'. 'R"io/.!"';'i"'''''''fJ'!j,''7N~''(
I"",: "b)1'l' , ," l:i{t.l~m. w;'~'!Ui:}",;Ii~1;"\i*4;'~;f:i:<~'!!'it'.. '~\c!~~~ ';' . '1i1}I;!;"i;':Il\"J,1:;"~'d"<.;~.~,:",,(Ag'jp.;";';';:k'li:~:\3:~';'b":;;{;C.?hlia'{"'h.~.,,:'.j)i,:<1iX ',!
~i~~ ..-~ti~ '" I. '.. ~.C'o""'/;.llt~.;\~I1' ~.,.H'1.""l!i..\':~","""T...lJt.:~..~..:~r\.ir;_r~!"~~~~.5.t::A~kl'~.. _....-f:~:T'::.o~~h;<J'..;;.....:~:~1~~.-.:, ,-. ..',. .J-,,;.II~t1;:::.-..l- ,),.",;':'~,......'J-\. ,~.__. -J.., "'.;"'w-M~.,.1:~.~;Uol.a.l:<\~,'z,!(:~, '
1-75 Northbound Rampll 45 10,9 8,7 19.6 0.1 18.4 0
Ki1i~Y:~~~"Xi';{IJ;~ik;,r;N;r~;f'l";~;:;r:.);'!:;J(U?'::i~i:'fi,\1t~~;(,ll"'~l.l':l'(J~~:,J;'''''''r:).".',,*,;(^,,:;; /h!~ :o'\l''i-;I.~'-:-: :<~;'.:!'i[':,f"til,;:'.' :., ..' '("'liO: "t,.':~" ':, ";;;'Yd'1";j;j'if.li'i~~,~~'<i~M;{~,!~
~~*k~_J.~!Y.H:,~~t\>t~,h_\~~::f;~'lt.~i~:t_;~"~~!i~~t.t);\.~~i'i{~~~~~~l~~$~~t#i~W;,\tL\~~~~~~'fJ:?{'!j~~;:tr'~~~~>~.\':; --~,:.-,,\(.l,~1~~Jt~~:~;~',:---j :j"::::}<:=';,.}~~}::..~:~~t'-'~.R-':i~~l;::d~~::.,':=t1.91~~::f}t.~
Oakes Boulevard II 45 17.5 25.4 42.9 0.2 13.5 E
1!'6'i!rml'q(f~~'{~m'Wji*'tf.itefmjt~:i'>'f;1I%~ri~;M,~~"~1,&:.;a~::--If>~!~i~~'ff~~i!<;~~~it~4k1AV~';lf,i),';'jff~';4':'::;;;;.~'::::~;rj'(~{:'!i;:':~i;i'tii9:ft>:<l.)~')\t,*ffi~'~WAi
~~';o.f",~,~~'~~L~~.\M,l6I:.t':;;...~~;~l;.hs:r~Mi~jji ,..lli!*i~f~~/fM:x~,-,;;,\f#f,~nJlfj:(n}!~!/,M;P-~~;fo/"~'l"r',{X~.;.~"i(JfJjM."~:':-'->' ,.!t :,--~.~i.':t~~~'-'.~'-.'~' ",c~,,_~,:,;-,:~:.h!~.,:, _P':';~..:~}~Ri~;~~l~~JJ1t.,...1t.!.~Kfi...rn
laurel Oaks Elementa II 45 53.0 0,5 53.5 0.7 44.6 A
'-'-m~"~' 'f!lf.m' ""if!!t"tQ" w:%-.']Tt'''...~~''' '.~""~' "~""'_- . . "-'.'E'''' '~""''''''''''".'''J&.;;''''iI'''.'!(i'''''''1'':.' ri6.~"''''''.'' ..... "~'~~:'.''''.:..,;''~- ...m.","",....!~'~. ~.'-'~1l "
1R1U,ut ~';. Si-- '. (g .~ ;~', !i~nw!:4JJ.;r.Th~~\~' . ~1~lk >~~f . . ~ - I ;.~. '. : ;J , -tJ~~..~~~~,,~J";~....~:{1~~t~::.~ :@{..-",.g_pit1f;jr1:'_~-1;,}.t:'~,':~lv\'" :~~~'~-::~;'_~?~ . ~i~-~~-1.~{,<l)i~t.. ~.~_: 1
~!.ll,li~":"..........~ t ~n :I;;.....:~ ;CiJ.t.."t".(;"".J,.?'~~.m.:.~!J} ~~.L1';"~~!(J, _'.. ' ~,r".L ' _ f..'~...-~.f/l-~~.r:L"~'.~...~:,d"~:1-!~"'4;: .....t:n;.~.~:, ;:~,.',,~-~. :"';::J.~'-:'(.....~t, '.:,~;/c..:::", ~._i;.,-.l. *~a.""~)~~'e'I. ~-.:;,..~ I
Pebblebrook Drive II 45 96.3 4.0 100.3 1.2 43.2 A
~'>;.\'a')i"tr'<""t'''''''il'':'f,.h'"'''''lll'')J!;j;r^w..'.:'M ~,'''''':t'f= ,f!l,\l\Wll '@'):".>>'>r"''''~''':r.im,r'''. ",ll'>'::/.:'i<...'~'^C\.".'.'. ',.'j"i!'<i!.i>7.' '....K.". '"'' '~"-a! ...' """;'''''~n'X':X''i'''iw'(~w''m'','~
:.,\:~~ltk;;!.~'~17nf~ri1'~~~i'~~i~~w!]J.f~ '!S'~-:i~;>>.4f!}~1L~ii.~-'? 'ittw~' . &~~1~~~~t4~~;lf~i~ttt,~~;r~~:~{~:~;~~~{\~~:;1$~~rifr.~.'~~::::/X'~i;j;C'~~.~.~.~!~~~\~t!:~~l~~~~~Y~~~>>f.;, ri. '~-t&
Total
II
430A
129.8
560.2
4.9
31.2
B
Arterial Level of Service: WB Immokalee Road
Mirasol Site Access II 45 43.0 18,6 61.6 0.5 27.6 B
~~jl;~tsJ:rl!j9.ffii~f)ff,&~Jl:Jf~ih~~~~~t:wl!ltlrJf:lt~:w.~~j~~fi~~f~~~WjfA~~;Jiil~;;fit!:Q,,~qf;~;t!,~;;:tk;~%R:!?i~~g<<~Jt}~41~l~ff,~;~'i
laurel Oaks Elementa If 45 28.0 0.5 28.5 0,3 35.8 A
[<fBi~~![;!~mM%t1]111~}fffiJ~~~f1oJ&it~t1~~1~~~Q:~f~1i\~~~~@]f~~'~it:t~il~X{;B;;{{;:iB~W~~5it1:i~~:~f&ifu~~1~~'5c~?~
Oakes Boulevard II 45 56,1 13,6 69.7 0.7 36.2 A
f:{~BUi[<RlEt~tW.wJti1tfiX~.!2li~q~~(f~?H~~~~~![~~~lt~ii~1~~'~'l~Wi?~2$1~~A-qi;tN}Q~~(fil~1:g,fN&i~~}Ni;iQf@::;!,:11..{;;~?{AQ~~t&l!B[rgir$;i;~l!
1-75 Northbound RamplJ 45 27,1 14.9 42,0 0.3 22.3 C
tit.!?':1~gm~Y9I~J1Xf?}m~.f&~iW~~lf&&m;~~~1~:ti~M1t~~g;~r4t~mJ~i~l~f~}~;iii1f~~J~}~~J;;',Y@~;~~;';'i:Z;.:;~f;J'~'Q;:ji\'mit;i;*~fl.~];~~~;:~~S@;~,
Tho Strand II 45 27.4 8.9 36.3 0.3 26.1 C
!J:?1ii""@1#i1@Ji@?;~~;;;~V;j.i)~t1ifg~,\1~.f~J)JM9:~~iKoJ1g~t4$j~~K~~0;1t~Z:~~'G~(~? '1 "1
with T erafir,~t& MlraSdI' ' I '
~ -II- ..,. .f .- '- ~ t t'" \.. -1. .J
----
Lane Configurations 'i tt "f " tt f .." t (I , t (I
Ideal: Flow:(vp~pl): 190(). 1900, 1900 1900 1900' 1900 1900 1900 1900. 1900 19:00 100Q
Total Lost time (s) 4.0 4,0 4.0 4.0 4.0 4,0 4.0 4.0 4,0 4.0 4.0 4.0
Lane;Utll;'F'actor ,.1.0Q.. 0;!1$' t.oq,' 0.9!,q Qi!il~f; 1.00 0.97 . 1.00 1.00 1,00 1.00 1.()()
Frt 1,00 1,.00 0,85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85
FifPhjte-ct$.d . O:~?; , l.QQ too . O:~5 .1;OQ,< 1~OO:, 0~S5, 1.00 1.00 O.9~. 1.00LOO
Satd. Flow (prot) 1770 3539' 1583 3433 3539 1583 3433 1863 1583 1770 1863 1583
Fl(;P!:l'i:i)1if.f~~:,' . q;~5.1})Q' ,l;QQ\0;9$:1.QQ":,J,;QQ" 0,74, 1.00 H)O". 0;75: 1.00' 1.90
Satd. Flow (perm) 1'770 3539 1583 3433 3539 1583' 2685 1863 1583 q 1392 1863 1583
V9Idm~,Np.6h:{',," './(i~}r.:tJ#l-:;"?~9:Y"::~$$<CT$()l):;"o:'i~](j'.:"41'~:' ."15.66{);',Qc."S' ',. 2(). '3$
Peak-hour factor, PHF 0.92 0.92 0,92 0.92 0,92 0.92 0,92 0.92 0,92 0.92 0.92 0.92
AdkFrpy..:.(Vph)"';.71:': 1245' 272'. 386 ~43,,'" 11, 451' 16 717 5; '2? ~.
Lane Group Fl<;>w (vph)' 71 1245 272 386 543 11 451 16 717 5 22 38
T4rfi:r-yp~>,_" "'Prg(j'\" "'Fr~'~" pfot'.,'P:",'p,er,qr.:Pen!l 'Frf}~~P'erm." Pe(.!1l
Protected Phases 5 2 1 6 8 4
Permitti;lQPhases, Free. 6 8, Free 4
Actuated Green, G (s) 9,6 65-4 120,0 18.1 73.9 73.9 24.5 24,5 120.0 24.5 24.5
Eff~ive:~r'eeni'ge(s)' 9;'('):' 65,t+' 12().0; 18,,1' 7~t9,; 73.9 24.? 24:5 120:0 24;5 24.5
Actuated glC Ratio 0.08 0.55 1.00 0.15 0.62 0.62 0.20 0.20 1.00 0.20 0.20
C!earanq(3'Tirnc,'.($)" .4;0;; . 4:iQ4:0,4,(.1,:'4.p 4,0 4.0 4.Q 4.0
Vehicle Extension (5) 3.0 3.0 3.0 3.0 3.0 3,0 3.0 3.0 3.0
(a""G""Qi:t' "h)" :t.~,2.;,:,.',..", ,1......'~,2,'....,.~......: '1,..58. .3,'; .. 518.'.:.'~.,'.'.'.217.9':':'9'th'<:~. 5..48." .,.".., .~.O 15(m" 2134/' "380'
,n~\',:,m:',.Pi:\vp, . :/,. '. - . ,'. '" ".'" ,8~
vIs Ratio Prot 0.04 cO.35 cO.11 0.15 0.01 0,01
v{~tR~Fg'.f'erm;': .' _ ' O~'lT'O,:p1.-' ,<::0::17,
vIe Rateo 0.50 0.65 0.17 0.75 0,25 0.01 0.82
Uni.9t.n.rp~I.;iY\:.d1;&2.;,9'.' yt2:():(t4~F: '1p,5,:,~.9' 45;7
Progression Factor 0,82 0.75 1,00 1,00 1.00 1.00 1.00
Inpr~!jj~t:ita.1Qel~Yr.fj?, '2~;P:. .J,?Q:g:~:8,' Q,3.\:D.P 9..7
Delay (5) 45.6 15.6 0.2 54,5 10.7 8.9 55.4
Level'bfS,@rvi6e D' B, 'A . 0 " 8 A E
Approach Delay (s) 14.3 28.7
APprqaqo-.:L'Q$; . B " 0,
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0,9,0
0,9
A
O.pg
0.02
38;1,'
1.00
0.0
38.2
o
0.06
38..5
1.00
0,1
38.5
o
38.8
o
0;Q2
0.12
3f1:9
1.00
0;2
39.1
o
H<?M~ve~g~~ ... ,fitr.(),I;O~!~yT"':,-
HCM Volume to Capacity ratio
Act.uatedC4'cle:Length($)'" .
Intersection Capacity' Utilization
q:Ctitica.ltane.G'ro(1P',
Sprn.()tI9sttirne(~)
ICU Level of Service
12.0,
C
DID
, ''-I
Synchro 5 Report
Page 9
9/28/2001
METROTFOR4-FF51
2005
~Jl;.lmmokalee Road & Mirasol Site Access
.,J-
"
"\
'tT "'l~)'"l'-'~'''t:' ( ,<"-'. .'.1;.,' ;~">: ~" (:./. '.,' \' ""I.;~:""",~'~I'oI'\~;'" n',~.'" "if \'I~F'" I'd" ~'f.' >" ~'I"Jt"" ~"','il'ld""'l' ~I"l"l ,,,, .;:l.lU',' "'~':ifIji,:)P '1Q.";f~'
~~t. ~{'"~: .~.\~~1{ :\, .' "', ~;:,--..' ~!~--L'\:l.' ::;\~":J.,>'! .;~~~ ,:.~~~~[)~~~?:"t?~{~~;.~ ':';t'~.*t;:!~:' (~. :~J/P: ' .4\ ,'l .':.~,_f' r:..~,~ _;:t~ ~ . .;:;~'~,:. ;\l!L.:- \; ~'. ~ :: .~\I~&I~J ,,'t:..( _~X::~;~<,i :L :..:;N:-{',g
~
..;
+-
-+ .,.
('"
Lane Conngurations '" tt ., ., tt r' , t
IQ~l'FIOV{(*P.!lpl) '19QQ 1.900 1900 1900 19<xr t~ ltX)01900
Total Lost time (s) 4;0 4.0 4.0 4.0 4.0 4.0 4.0
lie.neOtibFactor, 'f~()QOJJ5 l.QO .(00 :O;~,5' ..;'~t4Q(t/n<1Q::-,
Frt 1.00 1.00 0.85 1.00 1,00 0,85 1.00
F'!ff?rdteqtEkL' . Q';~5i:~Q9't;op. ',0;9.51':00 ';',13G{F::~O;95,
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 '17'70
F.ltl~,~trbl~~::': ~'()':$?,':r.~...,f])O .'(J;95" \}:~:i',:\1;Q9<,~~Q'~~6, ' .
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1410
VO!~tri~;'N~hV;:r::::_: :'; ,'::' ',;,~&tL:~'t~~,~,' ,:' '-Y8(f' "':::~Jf<\ ';9:35{{i?i7!t~,. ;~~;:~$:: .'.
Peak~hour factor. PHF 0.92 '0.92 ,. 0.92 0.92' 0.920.920.92
~~jtlfI4W)(vphr", . "::283~','f54,9,\a7H ' "1 016::,"'/$2, ;:':;1~0
Lane G:oue Flow (vph) "283,1549 ". 87 ,11. 1016 w .82 . 60
TI"'t..,"r.o" .,' ., "'~n""'t"" .' :'..'.;:. " D .' .. . 'p' 't... . .~'.'.nl'<.".'\'D ':>,......
H~ tJc,u.pe, .~,' ". ' ',:.."rq'.f"~rm ...W' ,<(gprm!':I.,~,m/
Protected Phases 7 4 3 8
1),~(mltte'd.:Pha$e$ A . ';:'8: ' ~)2 .
I\ctuated Green, G (s) 28.2 71.1 71.1 1.5 44.4 44.4 35.4
EfflilitiY~;'(W~~'niig'(s) :2~:2, '7-1}1' 71:1. , 1.5 .\44j4',W4~4:~\l3.5.}4.
o..ctuated giG Ratio 0,23 0.59 0.59 0.01 0.37 0.37 0.29
2;{ga.:t~9.e.~:rim~\(M' .. :4,;04'0, '4~'O ':4,04'i9:>:'}4Xl'''\~:i4JO'
Vehicle -Extension (s) 3.0 3.0 3.0 3.0 3.0 3,0 3.0
i!~ft:.BwP~lfl~ph):",:," 'F4:~"~^::,'~~Q,~r ~;'";;';$3a, ." ': :'.:'--??,' \ 1, 3'Q9;';?.i:~:&~W:~;~ijJ~>'::/~' .
~atio Prot 0,16 c0.44 0.01 cO.29
". . .:.~*iJ~r-B,~trt( .':i?>' :";~():~5:'.': ", ' .'\,' ";>;!':?~fQ.;9()~;?!o';q4'
lIe Ratio 0.68 0.74 0.09 0;50 0,78 0,14 0.14
~nl,(~:ftfTfJ)'~laYf;qi'. . ",{f:f;F :,j~.7 " .\t~~.' ."$8}9 ):3~\1}}.r~s}~ :;:f~,1~1 ,
)rogression Factor 0.67 0.23 0.11 1.39 0.57 0,30 1.00
Mr~ ",'t'f 'taF@aI~r,:~2': "':'3}4'::<.1. :.:.~1.....>,'d:.:O, ....' '.i.$;8."~ '('.';.",2, '.;~."".'.::iX,t5;.~..1.;', ;.":;.\,}O.., ".;1,.;',::. .,"
,..",})l..ll... '," Y"., .
)elay (8) 31.4 5,0 1.2 97.5 21.8 7,5 31.9
ieveE6fS'ei\rice. .':C,YA "''A 'P ';<0':>" ;'A
,.'.......,'.... -,:,",;,. -,",'
\pproach Delay (s) 8.8 21.5
4?p:t:d#.qhJ:q~', . '... 'A' <'Q/,:;'
Agenda Item No. se .
November 14, 2006
Immokalee Ro1ltjJe 173 of 511
with Terafina & Mirasol
t
.,
1900
4.0
1.00
0.85
1.00
1583
1;00
1583
.,:(f . :'5
0.92 0.92
'0 .5
o 5
. Perm
2
2
35.4
35A
0.29
4;0
3.0
. .,467
,0.00
0.01
2Q~9
1.00
'O;Q'
30.0
'G
31.7
'0
I"
\It
1900.
4.0
"1.00
1.00
0;95
1770
0.76
1410
....15
0.92
,16
16
Perm
6
35.4
35.4
0.29
4,0
3.0
416
0,01
0.04
30.2
1.00
0;0
30.2
C
\..
t
1900
o
0.92
o
o
34.5
C
.,
'1000
4.0
1',00
0.85
LOO
1583
H>o
1583
",185
0.92
':201
201
Perm
6
6
35.4
35:4
0,29
4;0
3.0
467
0:,13
0.43
'34:2
1.00
, (f6
34.8
C
~'~~~:~~!~~I~?~}~ ~;;it ~~\ . fJ:h~~Jif l~.? .~~i~t. .~~7:~1t}~~~~~h~J~~~~1,~ ~~ ~~~~:~ ~:~~lJ ~\t~g:r t~'~{1~~,~.)::I<~~~~~~i ~ ':~'~:~~~ t1i~~ ~~ &~~i1~~}~}~t:t:.:\t~~~:~<~~~~_~~~~fl(~~:~';~1~~~~~if:~~:
i0MO'~~~rM\3\C:()tl.ttP,I.Q,m~y, " .
fGM Volume to Capacity ratio
(qW~~~~~~Q,yC>Ie,'.te.hgtW(s) ......'.,
,tersection Capacity Utilization
..:;:(1t~i~ilf,~~rie",GiciiJp " '"
. ':,<~R~MfUr('jVel;~f<$~i'Vrde.( ..,
;SYffg9tlQsb(@e~!(~I., .
icu Level of Service
.'....
,.,,: >;15'~1"
..,-,
0.65
1 ~O'iO
59.5%
'8
8;0
A
LP
'28/2001
jETROTFOR4~FF51
Synchro 5 Report
Page 10
2005
32: Immokalee Road & Logan Boulevard Extension
:,\gends Iten: r~o. 8e
Immd~~~:Rhk~J"~I)~~)?I'
~ cr~....... " ~,' V I
with Terafina & Miraso!
.,J- -+ l- .( +- '- ~ t r \. ~ ..;
~.."W ~i~~~r~. '~ .~..'1..~ '~._.. eo,. . --". -.
Lane Configurations 'r~ tt l' ~ tt t' , t , "f ; ."
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (5) 4.0 4.0 4.0 4,0 4.0 4.0 4,0 4.0 4.0 4,0 4.0 4.0
Lane Util. Factor 0.97 0.95 1.00 1.00 0.95 1,00 1.00 1.00 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85
Flt Protected 0.95 1.00 1.00 0.95 1,00 1.00 0.95 1.00 1.00 0,95 1.00 1.00
Satd. Flow (prot) 3433 3539 1583 1770 3539 1583 1770 1863 1583 1770 1863 1583
FlI Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 1.00 0.75 1.00 1.00
Sald. Flow (perml 3433 3539 1583 1770 3539 1583 1392 1863 1583 1392 1863 1583
Volume (vph) 575 1545 35 35 1050 160 220 15 100 105 15 385
Peak-hour faclor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 625 \679 38 38 1141 174 239 16 109 114 16 418
Lane Group Flow (vph) 6251679 38 381141 174 239 16 109 114 16 418
Turn Type Prot Perm Prot Perm Perm Perm Perm Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 2 6 6
Actuated Green, G (s) 27.7 70.0 70.0 4.0 46.3 46,3 34.0 34.0 34.0 34.0 34.0 34.0
Effective Green, g (s) 27.7 70.0 70.0 4.0 46.3 46.3 34.0 34.0 34.0 34.0 34.0 34.0
Actuated glC Ratio 0.23 0.58 0.58 0.03 0,39 0,39 0.28 0.28 0.28 0.28 0.28 0.28
Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3,0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 792 2064 923 59 1365 611 394 528 449 394 528 449
v/sRatioProt 0.18 cOA7 0.02 cO.32 0.01 0.01
vis Aa1io Perm 0.02 0.11 0.17 0.07 0.08 0.26
vie Ratio 0.79 0.81 0,04 0,64 0.84 0,28 0.61 0.03 0.24 0,29 0.03 0.93
Uniform Delay, d1 43.4 19.8 10.7 57.3 33.4 25.4 37.2 31.1 33,1 33.6 31.1 41.9
Progression Factor 0.70 0.41 0.13 0.94 0.66 1.15 1.00 1.00 1.00 1,00 1.00 1.00
Incremental Delay, d2 1.9 0.9 0.0 19,9 4.2 0.2 6,8 0.1 1.3 1,8 0.1 28.3
Delay (s) 32.4 9.0 1.4 73.5 26.3 29.5 44.0 31,2 34.4 35.4 31.2 70.1
Level of Service C A A E C C 0 C C 0 C E
Approach Delay (5) 15.1 28.0 40.6 61.8
Approach LOS BCD E
ill
HCM Average Control Delay 26.5 HCM Level of Service C .
HCM Volume to Capacity ratio 0.85
Acluated Cycle Length (s) 120.0 Sum of lost time (s) 8.0
Intersection Capacity Utilization 80.7% ICU Level of Service 0
c Critical Lane Group
RLP
9/28/2001
METROTFOR4-FF51
Synchro 5 Report
Page 11
Agenda item No. se
November 14, 2006
Page 175 of 511
HCS 2000 Al~TERIAL ANALYSIS DATA
SHEETS
2005 BACKGROUND TRAFFIC
CONDITIONS
I-\qenda Item No. 8e
t\JovE:inber 14, 2006
Page 176 of 5 1
HCS2000: Urban Streets Release 4.1
Agenda Item [\la, se
November 14, 2006
Page 177 of 5~ 1
J Transportation Group, Inc.
2o~1 McGregor Boulevard, Suite 4-403
art Myers, FL 33919
hone: 941-278-3090
-Mail:
Fax: 941-278-1906
OPERATIONAL ANALYSIS
RLP
Metro Transportation Group
9/26/2001
P.M. Peak Hour
Immokalee Road
East-bound
Col~ier County
200~ - Terafina & Mirasol
010812
nalyst:
gency ICo. :
ate Performed:
nalysis Time period:
rban Street:
irection of Travel:
urisdiction:
nalysis Year:
roject 1D: Job
Description of Arterial
rralysis period length
0.25 hr
ego
Cross street nwnc
Length
of
segment
(mi)
Urban
street
class
Free
flow
speed
(mph)
Running
time
(see)
Section
Livingston Road 0.40 2 45 37.6 1
The Strand 0.26 2 45 26.8 2
1-75 Southbound Ramp 0.10 2 45 10.9 3
1-75 Northbound Ramp 0.26 2 45 26.8 4
Northbrook Drive 0.16 2 45 17.4 5
Oakes Boulevard 0.70 2 45 59.4 6
Logan Boulevard Extension 0.66 2 45 56.4 7
Laurel Oaks Elementiry School 0.28 2 45 28.3 8
Gulf Coast High School 1. 20 2 45 138.0 9
J pebblebrook Drive 0.47 2 45 42.2 10
1 C.R. 951 0.50 2 45 44.0 11
2
3
;1
:.J
Intersection Delay Estimates,
?g Cyele Green vie Lane PVG Arr. I Unit 1nit. Cntrl. Other Inter.
length ratio ratio cap. if type fac- ext. queue delay delay LOS
C g/C X e Input AT tor (see) (veh) (s ec) (see)
120.0 0.642 0.822 3267 4 1. 000 3.0 0 9.3 0.0 A
120.0 0.802 0.685 4081 4 0.463 3.0 0 0.2 0.0 A
120.0 0.451 0.825 3057 4 0.670 3.0 0 25.4 0.0 C
120.0 0.790 0.832 2796 4 0.457 3.0 0 1.1 0.0 A
120.0 0.743 0.901 2628 4 0.444 3.0 0 2.8 0.0 A
120.0 0.617 0,967 2182 4 0.312 3.0 0 17.0 9[enda item r~C) Be
O..!~"eTh~J3A~ ')nr)6
, 'UV-..'l !~,l;:;i !'""(, .::....ul....
120.0 0.583 0.788 2064 4 0.167 3.0 0 12.2 0.0 Page ffs of 511
120.0 0.834 0.637 2952 4 0.520 3.0 0 0.2 0.0 A
120.0 0.806 0.661 2852 4 0.729 3.0 0 0.4 0.0 A
0 120.0 0.593 0.715 2097 4 0.700 3.0 0 11.1 0.0 B
1 120.0 0.545 0.625 1929 4 0.629 3.0 0 13.4 0.0 B
2
3
4
5
Arterial Level of Service
Inter. Sum of Sum of Arterial
Running control. Other time by length by Arterial LOS by
ego Sect. time delay delay section section speed section
(see) (see) (sec) (see) (mi) (mph)
1 37.6 9.3 0.0 46.9 0.40 30.7 B
2 26.8 0.2 0.0 27.0 0.26 34.7 B
3 10.9 25.4 0.0 36.3 0.10 9.9 F
4 26.8 1.1 0.0 27,8 0.26 33.6 D
5 17.4 2.8 0,0 20.2 0.16 28.5 B
6 59.4 17.0 0.0 76.4 0.70 33.0 B
7 56.4 12.2 0.0 68.6 0.66 34.6 B
8 28.3 0.2 0.0 28.5 0.28 35.3 A
9 138.0 0,4 0.0 138.4 1. 20 31.2 B
0 10 42.2 11.1 0.0 53.3 0.47 31. '7 B
1 11. 44.0 13.1.!. 0,0 57.4 0,50 31.3 B
2
3
4
5
'otal travel time (x) = 580.8 sec
'otal length (y) - 4.99 miles
::>tal travel speed, Sa = 3600 x (y) / (x) = 30.9 mph
:Jtal urban street LOS (Exhibit 15-2) = B
Intersection Files in the Analysis
1: K: \2001 \08\12 \HCS\w. Terafina. and.Mirasol \Inunokalee@Livingston.HCS
2: K: \2001 \ 08\12 \HCS\w. 'l'erafina. and.Hi.rasol \ ImrnokaleeWl'he . Strand. HCS
3: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Imrnokalee@I-75.SB.RCS
4: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@I-75.NB.HCS
5: K:\2001\08\12\HCS\w,Terafina.and.Mirasol\Immokalee@Northbrook.HCS
6: K:\2001\08\12\HCS\w.Terafina,and.Mirasol\Immokalee@Oakes.HCS
7: K: \2001 \08\12 \HCS\w. 'I'erafina. and.Mirasol \Imrnokalee@Logan.ReS
B: K:\2001\08\12\HCS\w.Terafina,and.Mirasol\Immokalee@Laurel.Oaks.HCS
9: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalcc@Gulf.Coast.HS.HCS
): K: \2001 \08\12 \HCS\w. Terafina. and. Mirasol \lrmnokalee@Mirasol.HCS
1: K:\2001\08\12\RCS\w.'l'erafina.and.Mirasol\Immokalee@951.HCS
.2:
"3 :
~ :
.J:
HCS2000: Urban Streets Release 4.1
Agenda Item No. se
November 14, 2006
Page 179 of 511
o Transportation Group, Inc.
2b51 McGregor Boulevard, Suite 4-403
ort Myers, FL 33919
hone: 941-278-3090
-Mail:
Fax: 941-278-1906
OPERATIONAL ANALYSIS
nalyst: RLP
geney/Co.: Metro Transportation Group
ate Performed: 9/26/2001
nalysis Time period: P.M. Peak Hour
'rban Street: . Immokalee Road
'ireetion of Travel: west-bound
~risdietion: Collier County
nalysis Year: 200~ - Terafina & Mirasol
roject ID: Job 010812
Description of Arterial
~alysis period length
0.25 hr
ego
Cross street name
Length
of
segment
(mi)
Urban
street
class
Free
flow
speod
(mph)
Running
time
(see)
Section
Livingston Road 0.40 2 45 37.6 1
The Strand 0.26 2 45 26.8 2
1-75 Southbound Ramp 0.10 2 45 10.9 3
1-75 Northbound Ramp 0.26 2 45 26.8 4
Northbrook Drive 0.16 2 45 17.4 5
Oakes Boulevard 0.70 2 45 59.4 6
Logan Boulevard Extension 0.66 2 45 56.4 7
Laurel Oaks Elementary School 0.28 2 45 28.3 8
Gulf Coast High School 1. 20 2 45 138.0 9
) Pebblebrook Drive 0.47 2 45 42.2 10
L C.R. 951 0.50 2 45 44.0 11
2
1
1
.)
Intersection Delay Estimates
;!g Cycle Green vlc I,ane PVG Arr. I unit Init. Cntrl. Other Inter.
length ratio ratio cap. if type fae- ext. queue delay delay LOS
C g/C X e Input AT tor (see) (veh) {see} (see)
120.0 0.576 0.687 2928 4 1. 000 3.0 0 11. 9 0.0 B
120.0 0.682 0.609 3466 -1 0.668 3.0 0 3.6 0.0 A
120.0 0.639 0.614 2262 4 0.759 3.0 0 r . 0.0 A
o.q
120.0 0.407 0.641 2068 4 0.754 3.0 0 25.9 0.0 C
120.0 0.684 0.691 2421 4 0.723 3.0 0 4.3 0.0 A
120.0 0.590 0.540 2088 4 0.B08 J.O 0 9.1 o ~enja itej{! ~~o. 8e
120.0 0.420 0.61.0 1495 4 O.82~ 3.0 0 24.3 'hovembel _,!4, 2006
0.0, ;:lan.o> 1BO nf ::;11
120.0 0.830 0.340 2952 4 0.758 3.0 0 0.1 o . 0" ::J~ A c, ~,
120,0 0.770 0.340 2731 4 0.949 3.0 0 0.1 0.0 A
0 120.0 0.592 0.425 2094 4 0.949 3,0 0 8.1 0.0 A
1 120.0 0.592 0.244 2094 4 0.908 3.0 0 7.0 0.0 A
2
3
4
5
_.________Arter ial Level of Service
Inter. Sum of Sum of Arterial
Running control. Other time by length by Arterial LOS by
:eg. Sect. time delay delay section section speed section
(see) (see) (see) (see) (mi) (mph)
1 37.6 12.9 0.0 50.5 0.40 28.5 B
2 26.8 3.0 0.0 29.7 0.26 31.5 B
3 10.9 6.7 0.0 17.6 0.10 20.4 D
4 26.8 28.4 0.0 55.1 0.26 17.0 E
5 17.4 3.6 0.0 21. 0 0.16 27.4 C
6 59.4 9.1 0.0 68.5 0.70 36.8 A
7 56.4 24.3 0.0 80.7 0.66 29.5 B
8 28.3 0.1 0.0 28.3 0.28 35.6 A
9 138.0 0.1 0.0 138.1 1. 20 31.3 B
0 10 42.2 8.1 0.0 50.3 0.47 33.6 B
1 11 44.0 7.0 0.0 51. 0 0.50 35.3 A
2
3
4
5
~--
'otal travel time (xl = 590.9 see
'otal length (y) = 4.99 miles
otal travel speed, Sa := 3600 x (y) / (x) = 30.4 mph
otal urban street LOS (Exhibit 15-2) = B
Intersection Files in the Analysis
1: K:\2001\08\12\RCS\Background.only\Immokalee@Livingston.RCS
2: K: \2001 \08\ 12 \RCS\Background. only\Ilmnokalee@The. Strand. RCS
3: K:\2001\08\12\HCS\Background.only\Irrunokalee@I-75.SB.HCS
4: K: \2001 \08\12 \HCS\Background. only\Irmnokalee@I-75 .NB. HCS
5: K:\2001\08\12\HCS\Background.only\Immokalee@Northbrook.HCS
6: K:\2001\08\12\HCS\Background.only\I~nokalee@Oakes.HCS
7: K:\2001\08\12\HCS\Background.only\Imrnokalce@Logan.HCS
8: K: \2001 \08 \12 \RCS\Background. only\Imrnokalee@LaureLOaks.HCS
9: K:\2001\08\12\HCS\Background.only\Immokalee@Gulf.Coast.HS.HCS
0: K:\20Dl\08\12\HCS\Baekground.only\Immokalee@Mirasol.HCS
1: K:\2001\08\12\HCS\Background.only\Immokalee@CR.951.HCS
2 :
3:
4:
5 :
Agenda Item No, Be
November 14, 2006
Page 181 of 511
2005 TRAFFIC INCLUDING TERAFINA .
,ONLY
HCS2000: Urban Streets Release 4.1
etro Transportation Group, Inc.
2651 McGregor Boulevard, Suite 1-103
ort Myers, FL 33919
hone: 941-278-3090
-Mail:
Fa~: 941-278-1906
nalyst:
gency ICa. :
ate Performed:
nalysis Time period:
rban Street:
irection of Travel:
urisdiction:
nalysis Year:
roject ID: Job
OPERATIONAL ANALYSIS
RLP
Metro Transportation Group
9/26/2001
P.M. Peak Hour
Irnmokalee Road
East-bound
Collier County
200~ - Terafina & Mirasol
010812
ltenl l\Jo. 8C~
14, 2D06
Page 122 of 51'1
Description of Arterial
nalysis period length
0.25 hr
2g.
Cross street name
Length
of
segment
(mi)
Urban
street
class
Livingston RDad
'1'he Strand
1-75 Southbound Ramp
1-75 Northbound Ramp
Northbrook Drive
Oakes Boulevard
Logan Boulevard Extension
Laurel Oaks Elementary School
Gulf Coast High School
J Pebblebrook Drive
1 C. R. 951
2
"3
1
:J
0.40
0.26
0.10
0.26
0.16
0.70
0.66
0.28
1,20
o . tJ.'/
0.50
2
2
2
2
2
2
')
.:,
Free
flow
. speed
(mph)
45
45
45
45
45
45
45
45
45
45
45
Running
time
(see)
Section
37.6
26.8
10.9
26.8
17.4
59.4
56.4
28.3
138.0
42.2
44.0
1
2
3
4
5
6
"7
8
9
10
11
Intersection Delay Estimates
2g Cycle Green vie Lane
length ratio ratio cap.
C g/C X e
2
2
2
2
PVG Arr.
if type
Input AT
I
fac-
tor
Unit Init. Cntrl. Other Inter.
ext. queue delay delay LOS
(see) (veh) (see) (see)
120.0
120.0
120.0
120.0
120.0
0.642 0.822 3267
0.802 0.685 4081
0.451 0,825 3057
0.790 0.832 2796
0.743 0.901 2628
4
4
1.000 3.0
0.463 3.0
4
4
4
.r'"\ ~,....,^ ..... r"'\
U.OJU J.V
0.457 3,0
0.444 3.0
o
o
9.3
0.2
A
A
^
u
o
o
^,- .
'::'::1.,*
1.1
2.8
0.0
0.0
^ r\
V.V
0.0
0.0
,..,
I..-
A
A
120.0 0.600 0.855 2123 4 0.507 3.0 0 13.3 o lenda IteEr' No. se
120.0 0.511 0.760 1808 4 0.401 3.0 0 18.4 o r ovemberI814, 2006
. Page1~,3of511
120.0 0.834 0.529 2952 4 0.564 3.0 0 0.1 0,0 A
120.0 0.807 0.545 2858 4 0.834 3.0 0 0.2 0.0 A
120.0 0.600 0.691 2123 4 0.821 3.0 0 10.2 0.0 B
.1 120.0 0.467 0.726 1652 4 0.661 3.0 0 22.1 0.0 C
2
3
4
5
Arterial Level of Service ,--
Inter. Sum 0 f Sum 0 f Arterial
Running control. Other time by length by Arterial LOS by
.eg. Sect. time delay delay section section speed . section
(see) (see) (see) (see) (mi) (mph)
1 37.6 5.4 \ 0.0 43.0 0.40 33.5 B
2 26.8 0.2 0.0 27.0 0.26 34.7 B
3 10.9 26.9 0.0 37.8 0.10 9.5 F
4 26.8 0.5 0.0 27.3 0.26 34.3 B
5 17.4 2.7 0.0 20.2 0.16 28.5 B
6 59.4 13.3 0.0 72.6 0.70 34.7 B
7 56.4 18.4 0.0 74.8 0.66 31. 8 B
8 28.3 0.1 0.0 28.4 0.28 35.5 A
9 138.0 0.2 0.0 138.2 1.20 31.3 B
0 10 42.2 10.2 0.0 52.5 0.47 32.3 B
L. 11 44.0 22.1 0.0 66.1 0.50 27.2 C
4
5
'otal travel time (xl = 587.7 see
'otal length ( y) = 4.99 miles
otal travel speed, Sa = 3600 x (y) I (x) = 30.6 mph
otal urban street LOS (Exhibit 15-2) = B
Intersection Files in the Analysis
1: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Livingston.HCS
2: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@The.Strand.HCS
3: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@I-75.SB.HCS
4: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@I-75.NB.HCS
5: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Northbrook.HCS
6: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Oakes.HCS
7: K:\2001\08\12\HCS\w.Terafina.only\Imrnokalee@Logan.HCS
8: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Laurel.Oaks.HCS
9: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Gulf.Coast.HS.HCS
0: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Mirasol.HCS
1: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@CR.951,HCS
2 :
3 :
4..:.
HCS2000: urban Streets Release 4.1
!ten-i t+o. 8(::
14. 2006
?age 18'" ::;c 511
3tro Transportation Group, Inc.
2651 McGregor Boulevard, Suite 4-403
ort Myers, FL 33919
1one: 941-278-3090
-Mail:
Fax: 941-278-1906
OPERATIONAL ANALYSIS
RLP
Metro Transportation Group
9/26/2001
P.M. Peak Hour
1rnmokalee Road
West-bound
Collier County
200~ - Terafina Only
010812
...'lalyst:
gency ICa. :
ite Performed:
lalysis Time period:
rban Street:
irection of Travel:
lrisdiction:
nalysis Year:
roject ID: Job
_Description of Arterial
lalysis period length
0.25 hr
~g.
Cross street name
Length
of
segment
(mi)
Urban
street
class
Free
flow
speed
(mph)
Running
t.ime
(see)
Section
Livingston Road 0.40 2 45 37.6 1
The Strand 0.26 2 45 26.8 2
1-75 Southbound Ramp 0.10 2 45 10.9 3
1-75 Northbound Ramp 0.2G 2 45 26.8 4
Northbrook Drive 0.16 2 45 17.4 5
Oakes Boulevard 0.70 2 45 59.4 6
Logan Boulevard Extension 0.66 2 45 56.4 7
Laurel Oaks Elementary School 0.28 2 45 2l3.3 8
Gulf Coast High School 1. 20 2 45 138.0 9
J pebblebrook Drive 0.47 2 45 42.2 10
1 C.R. 951 0.50 2 45 44.0 11
2
3
(1
5
-~.----.....~----------~-----------..~
Intersection Delay Estimates
29 Cyele Green vie Lane PVG Arr. I unit Init. Cnt.rl. Other Inter.
length rati.o rati.o cap. if type fac- ext. queue delay delay LOS
C g/C X c Inpu t A'r tor (see) {veh} (see) (see)
120.0 0.553 0.686 2809 4 1.000 3.0 0 13.8 0.0 B
120.0 0.686 0.564 3487 4 0.669 3.0 0 3.2 0.0 A
120.0 0.62'7 O. ~)61 2221 4 0.804 3.0 0 6.8 0.0 A
120.0 0.384 0.595 1953 4 0.806 3.0 0 2'7.3 0.0 C
120.0 0.682 0.615 2412 4 0.773 3.0 0 3,8 0,0 A
120.0 0.600 0.593 2123 4 0.752 3.0 0 8.9 o ~~enda It~1 No. Be
120.0 0.302 0.853 1068 4 0.776 3.0 0 44.2 o [ovembe.1i4, 2005
120.0 0.828 0.374 2929 4 0.406 3.0 0 0.0- o : 0 Page 'K5 of 511
120.0 0.800 0.366 2831 4 0.935 3.0 0 0.1 0.0 A
120.0 0.600 0.446 2123 4 0.938 3.0 0 7.7 0.0 A
1 120.0 0.600 0.2<15 2123 <1 0.895 3.0 0 6.5 0.0 A
2
3
4
5
Arterial Level of Service
Inter. Sum 0 f Sum of Arterial
Running control. Other time by length by Arterial LOS. by
,ego Sect. time delay delay section section speed section
(see) (see) (see) ( see) (mi) (mph)
1 37.6 13.8 0.0 51. 4 0.40 28.0 B
2 26.8 3.2 0.0 30.0 0.26 31.2 B
3 10.9 6.8 0.0 17.7 0.10 20.4 D
4 26.8 27.3 0.0 54.1 0.26 17.3 D
5 17.4 3.8 0.0 21. 3 0.16 27.1 C
6 59.4 8.9 0.0 68.3 0.70 36.9 A
7 56.4 44.2 0.0 100.6 0.66 23.6 C
8 28.3' 0.0- 0.0 28.3 0.28 35.6 A
9 1.38.0 0.1 0.0 138.1 1. 20 31.3 B
0 10 42.2 7.7 0.0 49.9 0.47 33.9 B
1. 11 44.0 6.5 0.0 50.5 0.50 35.6 A
4
5
'otal travel time (x) ;;:: 610.0 see
'otal length (y) ;;:: 4.99 miles
otal travel speed, Sa == 3600 x (y}/{x) ;;:: 29.4 mph
otal urban street LOS (Exhibit 15-2) ;;:: B
_..________ Intersection Files in the Analysis
1: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Livingston.HCS
2: K:\2001\08\12\HCS\w.Terafina.only\I~nokalee@The.Strand.HCS
3: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@I-75.SB.HCS
4: K: \2001 \08\12 \HCS\w. 'l'erafina. only\Immokalee@I-75.NB.BCS
5: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Northbrook.HCS
6: K:\2001\08\12\HCS\w.Terafina.on]y\Immokalee@Oakes.HCS
7: K:\2001\08\12\HCS\w.Terafina.only\IImnokalee@Logan.HCS
8: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Laurel.Oaks.HCS
9: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Gulf.Coast.HS.HCS
0: K:\2001\08\12\HCS\w.Terafina.only\Immokalee@Mirasol.HCS
1: K: \2001 \08\12 \HCS\w. Terafina. only\Irrunokalee@CR. 951. HCS
2 :
3 :
4;
Aoenda Item No. 8C
t-Jovember 14. 2006
Page 186 of 511
2005 TRAFFIC INCLUDING MIRASOL
ONLY
HCS2000: Urban Streets Release 4.1
Agenda Item No. se
~~ovember 14, 2006
Page 187 of 511
Transportation Group, Inc.
:b~l McGregor Boulevard, . Suite 4~403
)rt Myers, FL 33919
~ne: 941-278-3090
.Mai 1 :
Fax: 941-278-1906
OPERATIONAL ANALYSIS
RLP
Metro Transportation Group
9/26/2001
P.M. Peak Hour
Immokalee Road
East-bound
Collier County
2001 - Terafina Only
010812
lalyst:
rency/Co. :
Lte Performed:
lalysis Time period:
'ban Street:
.rection of Travel:
lrisdiction:
lalysis Year:
'oject ID: Job
Description of Arterial
.alysis period length
0.25 hr
!g.
Cross street name
Length
of
segment
{mi)
Urban
street
class
Free
flow
speed
(mph)
Running
time
(sec)
Section
Livingston Road 0.40 2 45 37.6 1.
The Strand 0.26 2 45 26.8 2
1-75 Southbound Ramp 0.10 2 45 10.9 3
1-75 Northbound Ramp 0.26 2 45 26.8 4
Northbrook Drive 0.16 2 45 17.4 5
Oakes Boulevard 0.70 2 45 59.4 6
Logan Boulevard Extension 0.66 2 45 56.4 7
IJaurel Oaks Elementary School 0.28 2 45 28.3 8
Gulf Coast High School 1. 20 2 45 138.0 9
Pebblebrook Drive 0.47 2 45 42.2 10
C.R. 951 0.50 2 45 44.0 11
Intersection Delay Estimates
9 Cycle Green vie Lane PVG ll.rr . I Unit Init. Cntrl. Other Inter,
length ratio ratio cap. if type fac- ext. queue delay delay LOS
C g/C X e Input AT tor (s ee) (veh) (see) (see)
_120.0 0.676 0.743 3437 4 1.000 3.0 0 5.4 0.0 A
20.0 0.800 0.640 4068 4 0.590 3.0 0 0.2 0.0 A
j.20.0 0.427 0.794 2898 4 0.724 3.0 0 26.9 0.0 C
120.0 0.792 0.724 2805 4 0.510 3.0 0 0.5 0.0 A
120.0 0.723 0.796 2560 4 0.616 3.0 0 2.7 0.0 A
,.6..'Jsnda item !\~o. 8e:
120.0 0.602 0.880 2129 4 0.459 ],0 0 13.8 o . OtJovernbfi 14, 2CiCH3
120.0 0.533 0.863 1885 4 0.354 3.0 0 18.9 0.0 8801'511
120.0 0.834 0.626 2952 4 0.388 ],0 0 0.2 0.0 A
120',0 0.806 0.646 2852 4 0.741 3.0 0 0,4 0.0 A
120.0 0.567 0.732 2005 4 0,718 3.0 0 13.5 0.0 B
120.0 0.5:;5 0,611 1964 4 0.605 3.0 0 12.4 0.0 B
Arterial Level of Service
Inter. Sum of Sum of Arterial
Running control. Other time by length by Arterial LOS by
~g . Sect. time delay delay section section speed section
(see) (see) (see) (see) (mi) (mph)
1 37.6 6.9 --4 0.0 44.5 0.40 32.4 B
2 26.8 0.2 0,0 27.0 0.26 34.6 B
3 10.9 26.9 0.0 37.8 0.10 9.5 F
4 26.8 0.6 0.0 27.4 0.26 34.2 B
5 17.4 2.5 0.0 19.9 0.16 28.9 B
6 59.4 13.8 0.0 73.2 0.70 34.4 B
7 56.4 18.9 0.0 75.3 0.66 31.5 B
8 28.3 0.2 0.0 28.4 0.28 35.4 A
9 138.0 0.4 0.0 138.4 1. 20 31. 2 B
10 42.2 13.5 0.0 55.7 0.47 30.4 B
11 44.0 12.4 0.0 56,4 0.50 31. 9 B
=
584.1
4.99
30.8
B
see
miles
mph
)tal
,tal
ltal
~tal
travel time (x)
length (y)
travel speed, Sa
urban street LOS
=
= 3600 x (y)/(x) -
(Exhibit 15-2} =
Interseet,ion Files in the Analysis
.. K: \2001 \08 \12\HCS\w .Mirasal. only\Immokalee@Livingston.HCS
'. K: \2001 \08\12\HCS\w.Mirasol.only\Inuuokalee@The.Strand.RCS
'. K:\2001\08\12\HCS\w.Mirasol.only\Irmnokalee@I-75,SB.HCS
.. K: \2001 \08\12 \HCS\w. Mirasol. only\Immokalee@I-75 .NB. IICS
': K: \2001 \08\12 \HCS\w .Nirasol. only\Immokalee@Northbrook.HCS
': K: \2001 \08\12\HCS\w .Mirasol. only\Inunokalee@Oakes.RCS
K: \2001 \08\12 \RCS\w. Mirasol. only\Inunokalee@Logan.RCS
:: K: \2001 \ 08 \ 12 \HCS\w .]\1irasol. only\Inunokalee@Laurel. Oaks. lIes
'. K: \2001 \08\12 \RCS\w .Mirasol. only\Immokalee@Gulf.Coast.lIS.nCS
': K: \2001 \08\12 \HCS\w ,Nirasol. only\Immokalee@Mirasol.RCS
K:\2001\08\12\HCS\w,Mirasol,only\Irumokalee@CR.951.RCS
HCS2000: Urban Streets Release 4.1
Aoenda Item No, Be
rJovember 14, 2006
Page 189 of 511
:0 Transportation Group, Inc.
2651 McGregor Boulevard, Suite 4-403
art Myers, FL 33919
hone: 941-278-3090
';-Mail:
Fax: 941-278-1906
_______OPERATIONAL ANALYSIS
RLP
Metro Transportation Group
9/26/2001
P.M. Peak Hour
Immokalee Road
, West-bound
CoLl-ier County
200~ - Background
010812
.nalys t :
I,gency ICo " :
ate Performed:
nalysis Time period:
1rban Street:.
'irection of Travel:
urisdiction:
illalysis Year:
'roject ID: Job
Description of Arterial
nalysis period length
0.25 hr
ego
Cross street name
Length
of
segment
(rni )
Urban
street
class
Free
flow
speed
(mph)
RUlming
time
(see)
Section
Livingston Road 0.40 2 45 37.6 1
The Strand 0.26 2 45 26.8 2
1-75 Southbound Ramp 0.10 2 45 10,9 3
1-75 Northbound Ramp 0.26 ? 45 26.8 4
Northbrook Drive 0.16 2 45 17.4 5
Oakes Boulevard 0.70 2 45 59.4 6
Logan Boulevard Extension 0.66 2 45 56.4 '7
Laurel Oaks Elementary School 0.28 2 45 28.3 8
Gulf Coast High Behool 1.20 2 45 138.0 9
0 Pebblebrook Drive 0.47 2 45 42.2 10
1 C.R. 951 0.50 2 45 44.0 11
.2
3
4
5
Intersection Delay Estimates
eg Cycle Green v!e I...ane PVG Arr. I Unit Init. Cntrl. Other Inter.
length ratio ratio cap. if type fae- ext. queue delay delay LOS
C g!C X e Input AT tor (see) (veh) (see) (see)
120.0 0.558 0.658 2839 4 1. 000 3.0 0 12.9 0.0 B
120.0 0.688 0.536 3496 4 0.704 3.0 0 3.0 0.0 A
120.0 0.623 0.521 2203 4 0.829 3.0 0 6.7 0.0 A
120.0 0.367 0.560 1869 4 0.842 3.0 0 28.4 0.0 C
120.0 0.680 0.560 2415 4 0.807 3.0 0 3.6 0.0 A
120.0 0.617 0.661 2182 4 0.661 3.0 0 8,4 .L':Jsnda Itpnl r'~o. Be
o . Q'n\ID''Y'bd\14 r'no,::::
120.0 0.386 0,810 1365 ~ ~,_j,'-...d,!.......1 . .:...l.. v
4 0.700 3.0 0 32.6 0.0 ?a';J8 ~JO of 511
120.0 0.834 0.446 2952 4. 0.483 3.0 0 0.1 0.0 A
120.0 0.806 0.437 2852 4 0.896 3.0 0 0.1 0.0 A
0 120.0 0.370 0.752 1309 4 0.901 3.0 0 32.8 0.0 C
1 120.0 0.616 0.241 2179 4 0.576 3.0 0 5.6 0.0 A
2
3
11
5
Arterial Level of Service
Inter. Sum of Sum of Arterial
Running control. Other time by length by Arterial LOS by
ego Sect. time delay delay section section speed section
(see) (s ec ) (see) (see) (mi) {mph)
1 37.6 11. 9 0.0 49.5 0.40 29.1 B
2 26.8 3.6 0.0 30.4 0.26 30.8 B
3 10.9 6.4 0.0 17.3 0.10 20.8 D
4 26.8 25.9 0.0 52.7 0.26 17.8 D
5 17.4 4.3 0.0 21.7 0.16 26.5 C
6 59.4 8.4. 0.0 67.8 0,70 37.2 A
7 56.4 32.6 0.0 89.0 0.66 26.7 C
8 28.3 0.1 0.0 28.3 0.28 35.6 A
9 138.0 0.1 0.0 138.1 1.20 31.3 B
0 10 42.2 32.8 0.0 75.0 0.4'1 22.6 C
1 11 44.0 5.6 0.0 49.6 0.50 36.3 A
2
3
4
5
otal travel time (x) - 619.5 see
otal length (y) = 4.99 miles
:)tal travel speed, Sa = 3600 x (y) / (x) = 29.0 mph
otal urban street LOS (Exhibit 15-2) = B
Intersection Fi.les in the Analysis_
1: K: \2001 \08\12 \HCS\w. Terafina. and.Mirasol \Inuuokalee@T,ivingston. RCS
2: K: \2001 \08\12 \HCS\w. Terafina. and.Mirasol \Immokalee@'l'he. Strand. RCS
3: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@I-75.SB.HCS
4: K:\2001\08\J.2\HCS\w.Terafina.and.Mirasol\Immokalee@I-75.NB.HCS
5: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@Northhrook.HCS
6: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Imnlokalee@Oakes.HCS
7: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@Logan.HCS
8: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@Laurel.Oaks.HCS
9: K: \2001 \08\12 \HCS\w. 'l'erafina. and.Mj rasol \Immokalee@Gulf.Coast. IIS, HCS
D: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@Mirasol.BCS
1: K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@951.BCS
:? :
3 :
~ :
5 :
Agenda Item No. se
November 14, 2006
Page 191 of511
2005 TRAFFIC INCLUDING BOTH
TERAFINA AND MIRASOL
HCS2000: Urban streets Release 4.1
i920f511
!tto Transportation Group, Inc.
~651 McGregor Boulevard, Suite 4-403
lrt Myers, FL 33919
lone: 941-278-3090
-Mail:
Fax: 941-278-1906
lalyst:
reney/Co. :
lte Performed:
~1ysis Time period:
~ban Street:
,reetion of Travel:
lrisdiction:
lalysis Year:
'oject ID: Job
OPERATIONAL ANALYSIS
RLP
Metro Transportation Group
9/26/2001
P.M. Peak Hour
Irnmokalee Road
East-bound
CoLl-ier County
200~ - Mirasol Only
010812
Description of Arterial
lalysis period length
0.25 hr
!g.
Cross street name
Length
of
segment
(mi)
Urban
street
class
Free
flow
speed
(mph)
Rurming
time
(see)
Section
Livingston Road 0.40 2 45 37,6 1
The Strand 0.26 2 45 26.8 2
1-75 Southbound Ramp 0,10 2 45 10.9 3
1-75 Northbound Ramp 0,26 2 45 26.8 4
Norlhbrook Drive 0.16 2 45 17.4 5
Oakes Boulevard 0.70 2 45 59.4 6
Logan Boulevard Extension 0.66 2 45 56.4 7
Laurel Oaks Elementary School 0.28 2 45 28.3 8
Gulf Coast High School 1.20 2 45 138.0 9
Pebblebrook Drive 0.47 2 45 42.2 10
C.R. 951 0.50 2 45 44.0 11
0.967 4 0.312 3.0 0 17.0 Agenda Item No. se
120.0 0.617 2182 o .0 Novemtlir 14, 2006
120.0 0.583 0.788 2064 4 0.167 3.'0 0 12.2 0.0 PagtB193 of 511
120.0 0.834 0.637 2952 4 0.520 3.0 0 0.2 0.0 A
-'. 20.0 0.806 0.661 2852 4 0.729 3.0 0 0.4 0.0 A
_20.0 0.593 0.715 2097 4 0.700 3.0 0 11.1 0.0 B
120.0 0.545 0.625 1929 4 0.629 3.0 0 13.4 0.0 B
Arterial Level of Service
Inter. Sum of Sum of Arterial
Running control. Other time by length by Arterial LOS by
g. Sect.. time delay delay section section speed section
(see) (see) (see) (see) (mi) (mph)
1 37.6 9.3 0.0 46.9 0.40 30.7 B
2 26.8 0.2 0.0 27.0 0.26 34.7 B
3 10.9 25.4 0.0 36.3 0.10 9.9 F
4 26.8 1.1 0.0 27.8 0.26 33.6 B
5 17.4 2.8 0.0 20.2 0.16 28.5 B
6 59.4 17.0 0.0 76.4 0.70 33.0 B
7 56.4 12.2 0.0 68.6 0.66 34.6 B
8 28.3 0.2 0.0 28.5 0.28 35.3 A
9 138.0 0.4 0.0 138.4 1.20 31.2 B
10 42.2 11.1 0.0 53.3 0.47 31. 7 B
11 44.0 13.4 0.0 57.4 0.50 31.3 B
tal travel time (x) =
tal length (y) ~
tal travel speed, Sa = 3600 x (y)/(x) ~
tal urban street LOS {Exhibit 15-2} =
580.8
4.99
30.9
B
see
miles
mph
r'ntersection Files in the Analysis__
K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@Livingston.HCS
K: \2001 \08\12 \HCS\w. Terafina. and.Mirasol \Immokalee@'rhe. Strand .HCS
K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@I-75.SB.HCS
K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Irnmokalee@I-75.NB.HCS
K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@Northbrook.HCS
K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Imrnokalee@Oakes.HCS
K:\2001\08\12\HCS\w.Terafina~and.Mirasol\Inmlokalee@Logan,HCS
K: \2001 \08\12 \HCS\w. Terafina.and.Mirasol \Immokalee@Laurel.Oaks.ReS
K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@Gulf.Coast.HS.HCS
K; \2001 \08\12 \HCS\w. Terafina. and.Mirasol \Inunokalee@MirasoLHCS
K:\2001\08\12\HCS\w.Terafina.and.Mirasol\Immokalee@951.HCS
HCS2000: urban Streets ~elease 4,1
11em !~o. 8e
14. 2006
194 of 511
etro Transportation Group, Inc.
2651 McGregor Boulevard, Suite 4-403
art Myers, FL 33919
hone: 941-278-3090
;-Mail ~
Fax: 941-278-1906
OPERATIONAL ANALYSIS
RLP
Metro Transportation Group
9/26/2001
P.M. Peak Hour
1mmokalee Road
West-bound
Collier County
200~ - Background
010812
.nalys t :
,gency I Co. :
ate Performed:
nalysis Time period:
frban Street: .
'irection of Travel:
urisdiction:
.nalysis Year:
Iroj eet ID: Job
Description of Arterial
nalysis period length
0.25 hr
ego
Cross street name
Length
of
segment
(mi)
Urban
street
class
Free
flow
speed
(mph)
Running
time
(see)
Section
Livingston Road 0.40 2 45 37.6 1
The Strand 0.26 2 45 26.8 2
1-75 Southbound Ramp 0.10 2 45 10,9 3
1-75 Northbound Ramp 0.26 2 45 26.8 4
Northbrook Drive 0.16 2 45 17.4 5
Oakes Boulevard 0.70 2 45 59.4 6
Logan Boulevard Extension 0.66 2 45 56.4 7
Laurel Oaks Elementary School 0.28 2 45 28.3 8
Gulf Coast High School 1. 20 '} 45 138.0 9
.<..
0 pebblebrook Drive 0.47 2 45 42.2 10
1 C.R. 951 0.50 2 45 44.0 11
.2
3
4
.5
Intersection Delay ~s timates_~__
eg Cycle Green vie Lane PVG Arr. I unit 1nit. Cntrl. Other Inter.
length ratio ratio cap. if type fac- ext. queue delay delay LOS
C g/C X c Input AT tor (see) (veh) {see) (see)
120.0 0.558 0.658 2839 4 1.000 3.0 0 12.9 0.0 B
120.0 0.688 0.536 3496 4- 0.704 3.0 0 3.0 0.0 A
120.0 0.623 0.521 2203 4 0.829 3.0 0 ,... ..., 0.0 '1\
\). I ~..
120.0 0.367 0.560 1869 4 0.842 3.0 0 28.4 0.0 C
120.0 0.680 0.560 2415 4 0.807 3.0 0 3.6 0.0 A
120.0 0.602 0.613 2129 4 0.726 3.0 0 9.0 o ~enda It~1 l\lo, Be
120.0 0.442 0.707 1563 4 O. '/55 3.0 0 24.2 o . oovembe.., 14,2006
. Page ~5 of 511
120.0 0.834 0.415 2952 4 0.641 3.0 0 0.1 0.0 A
120.0 0.803 0.407 2843 4 0.914 3.0 0 0.1 0.0 A
120.0 0.367 0.712 1301 4 0.918 3.0 0 31.9 0.0 C
1 120.0 0.621 0.235 2197 4 0.634 3.0 0 5.3 0.0 A
2
3
4
5
Arterial Level of Service
Inter. Sum of Sum 0 f Arterial
Running control. Other time by length by Arterial LOS by
ego Sect. time delay delay section section speed section
(see) (see) (see) (see) (mi) (mph)
1 37.6 13.3 0.0 50.9 0.40 28.3 B
2 26.8 3.3 0.0 30.1 0.26 31.1 B
3 10.9 6.7 0.0 17.6 0.10 20.4 D
4 26.8 25.4 0.0 52.2 0.26 17.9 D
5 17.4 4.0 0.0 21. 4 0.16 26.9 C
6 59.4 9.0 0.0 68.4 0.70 36.9 A
7 56.4 24.2 0.0 80.6 0.66 29.5 B
8 28.3 0.1 0.0 28.3 0.28 35.6 A
9 138.0 0.1 0.0 138.1 1.20 31.3 B
0 10 42.2 31. 9 0.0 74.1 0.47 22.8 C
L_ 11 44.0 5.3 0.0 49.3 0.50 36.5 A
4
5
ota1 t.ravel time (x) = 611. 0 see
otal length (y) = 4.99 miles
Jtal travel speed, Sa = 3600 x (y}/(x) = 29.4 mph
Jtal urban street LOS (Exhibit 15-2) = B
Intersection Files in the Analysis
1: K:\2001\08\12\HCS\w.Mirasol.only\Immokalee@Livingston.HCS
2: K:\2001\08\12\HCS\w.Mirasol.only\InMokalee@The.Strand.HCS
3: K:\2001\08\12\HCS\w.Mirasol.only\Immokalee@I-75.SB.HCS
~: K:\2001\08\12\HCS\w.Mirasol.only\Immokalee@I-75.NB.HCS
5: K:\2001\08\12\HCS\w.Mirasol.only\Immokalee@Northbrook.HCS
6: K:\2001\08\12\HCS\w.Mirasol.only\Immokalee@Oakes.HCS
7: K~ \2001 \08\12 \HCS\w. Mirasol. only\Inunokalee@Logan.HCS
3: K:\2001\08\12\HCS\w.Mirasol.only\Irnmokalee@Laurel.Oaks,HCS
9: K:\2001\08\12\HCS\w.Mirasol.only\Immokalee@Gulf,Coast.HS.HCS
): K:\2001\08\12\HCS\w.Mirasol.only\Immokalee@Mirasol.HCS
L: K: \2001 \08 \12 \HCS\w. Mirasol. only\Inunokalee@CR. 951. HCS
2:
'3 :
L
PUDEX-2006-AR-9610
PROJECT #2002050014
DATE: 4/27/06
MELISSA ZONE
ltenl ['Jo. 8C~
i4.2006
': 95:)f 511
E~RONMENTALIMPACT
STATEMENT
TERAFINA
SEe 16, TWP 48S, RNG 26E COLLIER COUNTY, FLORIDA
Revised
February 2001
PREPARED BY:
TURRELL & ASSOCIATES, INC.
3584 EXCHANGE AVE. SUlTE B
NAPLES, FL 34104
--
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...........~~-~~-_. ....-..
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---"':i'.i'-'--"-"-''''~ir''''::''''-'~.~''''''~- --"
Agenda Item No. se
November 14, 2006
fMFfNl of 511
Environmental Impact Statement
SEe 16 TWP 48S RNG 26E
Revised 02/05/01
3.8.5.1 Applicant Information:
1. Responsible al!ent who wrote EIS and his edUcatiOD and job related
environmental experience.
Timothy Hall
BS, Wildlife Ecology, University of Florida
MS. University of Florida
10 years environmental field experience
2. Owner's name and address.
Robert Voc/sano
1100 5,h Ave. South, Suite 201
Naples, 3390/
3. Affidavit of proof ofautborized 31[eot
Plea.ve reference PUD submittal by Hole Montes and Associates.
3.8.5.2 Development and Site Alteration Information:
1. Description ofllroposoo land u.se.
2. LC2al Description of site.
Please reference EXHIBIT #2, legal description.
3. Location aDd address description.
The project is located in North Naples, one mile north of lmmokalee Road and
approximately J ~ miles east of /-75.
3.8.5.3 Mappinll and SUPpOrt Grapbics:
1. General Location Map.
Please reference Exhibit #3, location map.
......~....-
----._"'-_._--~........~- ~ -... ,.":"'~~ ~
._.....,.......~..".:~-
~r.~p........
_ __~l--V7'"'"~~ "--
1
!ten! !\Jo. 8(~
14. 2006
Paqe 198 of 51
TEiu.FINA
Environmental Impact Statement
SEe 16 TWP 48S RNG 26E
Revised 02/05/01
2.
Aerial pboto of site with boundaries delineated.
Please reference Exhibit #4, aerial.
TODOl!rapbic map shoJine. upland contours.
3.
Please reference USGS Quad. Map and EBLS topographic
survey grid results, Exhibit #5.
4. Existinl! rand use o(site and sorrouudiD2 area.
The site consists of one section of land totaling 646 undeveloped acres. The property
is currently used as unimproved forested pasture for grazing of cattle.
To the north and east are undeveloped parcels, the proposed ParkJands development
to the north and Mirasol /0 the east, Both are proposed residential and golf
communities and both are currently submitted to SFWMD for Environmental
Resource Permitting. To the south is the Old Cypress rIJsidential community and /0
the west is Quail West.
5. Soils ma p.
Please reference Exhibit #6. Soils map and descriptions.
6. Drainal!e plan.
Please reference Exhibit #7, Water Management Plan,
7. Development plan includinS! phaSEn! pro!!ram, service area of cxistillll and
propOsed public (acilities. and existinl! and proposed transportation network in
the impact area.
Please reference Exhibit #7, Water Management Plan as well as the PUD zoning
application. Sewer service is in the Collier County North Treatment Area. Water
service will be provided by the North COlmty Treatment Plant. T.IS results indicate
that the existing traffic facilities are adequate to service the development, The
expected time to build-out is approximately 6 years.
3.8.5.4 Impact Cateeories:
3.8.5.4.1
Bio-Physical
1. Air Quality.
8.
Changes in level of air poUutaots as defined by current reauJations.
_ Ai,!!-o~~t~o~ ;generated b~~!!:!!dbfjties..may.cm::!.s.!!1..dust-fto'!!.-~-=-::~~_~;;.
...~~~ ._~'=''''''1:-'''-':~~ --- - .-- -, .-.... -. -
--=.-...-<-~.
2
Agenda Item No, se
November 14, 2006
Page 199 of 511
TERAFlNA
Environmenta/lmpact Statement
SEe /6 TWP 488 RHG 26E
Revised 02/05/01
earthmoving activities and operation of heavy machinery. Some smoke may
result from the open burning of debris. In addition, air poilu/ion levels may
be temporarily elevated by exhaust fUmes generated by construction related
equipment and, in the longer term, added to hy automobile emissions from
future residents.
b. Number ofpeople tbat wiD be affected bv air pollution resultim! from the
proiect.
No air pollution will be generated by this project that is in contradiction to
State standards. .As a result, it is not anticipated that anyone wil/ be ajJected
directly.
c. Procedures that win be used to reduce adverse impacts ofair DOllution.
Water will be sprayed where necessary for dust control. Any open hurning,
if deemed feasihle, will be dependent upon daily issuance of a burning
permit from the North Naples Fire Department where wind direction and
moisture levels (dampness) are taken into consideration prior to issuance.
2. Water Quality.
a. Chan2cs in levels and types of water pollution as defined by current
re2'U 18 tions.
Water quality is not expected to be degraded as a result of this project.
Storm water runoff from the site will be directed via grassed swales into on-
site lakes for retention and treatment to State water quality standards. No
water will be released from the project site until required pre-treatment has
been accomplished in the surface water management system. Wet/and
preserve areas will be protected by sillatz'on barriers.
Road draioat:e.
Runoff from road areas will be connected and directed into grassed
retention areas and via pipes into the on-site surface water management
system. Please also reference EXHIBIT #7, Water Management Plan,
Sbeet Row.
Sheetflow of water across the site will be maintained through theflow-way
preserve area proposed Flow-way design will allow flows matching existing
conditions so as /0 not adversely affect existing wetlands during normal
stonn events. The flow-way design is such that extra conveyance is provided
across the site during extreme storm events. This added cOlTlleyance will
provide flood relief to the Bonita Springs areas that have been prone 10
J100ding over the past several years,
_. >--=,,-~~~,--:i=-".="': _____~_
__~_~~~_.....-o<=---;-----"._~~-"_' .
-~_. .- ~~~~:'':,""",",,::''''':-~ .~ ---
------""---=- ...--..
........-. --~~, .-"'"
3
it9m rh. Be
14,2006
TERAFfNA
Environmental Impact Slatement
SEe 16 TWP 48S RNG 26E
Revised 02105/0 I
LOIs and building areas that are located adjacent to lakes or
mitigation/preserve areas will be graded such that the back halfwill sheet
flow across grassed lawn into the on-site lakes. Please also reference
EXHIBIT #7, Water Management Plan.
Rear lot Jinelbuildine: site draina~e.
Lots and building areas that are located adjacent to lakes or
mitigation/preserve areas will be graded such Ihat the back hal/will sheet
flow across pervious ground into the lakes or preserve areas.
Interconnection o(the water msoa1!ement system will occur as foUows:
InterconnectJ'on will occur through a series of lakes, pipes, and swales.
Water will Ihen flow into the local drainage pattern via Ihe Cocohatchee
Canal or the proposed flow-way system. Please reference EXHIBIT #7,
Water Management Plan.
b. Inventory of water uses that are re,~tricted or precluded because of
pollution levels rcsultinl! from this project.
171ere are no restricted or precluded water uses anticipated due to pollution
levels resultingfrom tlzis project,
c. Person affected bv water poUution resultin2 from the proiect.
The project is not expected to generate water pollution in contradiction to
state standards.
d. Proiect desb!ns and actions which will reduce adverse impacts of water
pollution.
The project will incorporate standard South Florida Water Management
District water quality control features to detain and pre-treat stormwater
runoff. Wetlands will be protected from siltation by the use of stakedjilter
cloth or hay bales at the wetland/upland interface during construction.
Preserving and enhancing the existing flow-way will mean sheet flow water
from o./J-site will not come into contact with developed areas. Control
elevatioll of tire drainage basins will ensure adequate pre-Ireatment of
stormwaters before said waters enter the local drainage pattern.
3. Pbysio!!rapby and ecolo!!Y
a. A description of soil types found in tbe proiect area.
Please reference Exhibit #6, Soils map and descriptions.
--..._____n.. ~~~--"-,--,,-,
~~.:...~~~~'l!:5
~~---:;:::;;:
. ~, ....' ..
4
Agenda Item No. 8e
~~ovember 14, 2006
Page 201 of 511
TERAFlNA
Environmen/allmpact Statement
SEe 16 TWP 48S RNG 26E
Revised 02/05/0 I
b. Areal extent or proposed tOpOaraphic modification throullh excavatio!!,
dredainf! and filliDa.
Under the current proposed plan. approximately 240.92 acres of wetlands
will be filled, 47.60 acres excavated, and 82.16 acres of uplands impacted,
In all, 370.68 acres of topographic modification is proposed.
c. Removal and/or disturbance of natural barriers to storm waves and
floodJoll.
The Flow-way component of this project will actually help 10 alleviate
upstream flooding problems.
d. Modifications to natural drainal!e patterns.
Farming activities and development in the upstream and downstream areas
has severely altered the historic drainage patterns on this. Plans for this
project include designation of approximately 2 J 0 acres in the eastern part
of the site as ajlow-way preserve connected to adjacent properties to the
east and south. 111eflowway will consist of native vegetation as well as an
excavated channel lake Jystem that will help to alleviate flooding problems
by increasing the storm stage outflows to more historic levels. This is being
coordinated with both the US Anny Corps of Engineers and the South
Florida Water Managemeni District as it will provide a much needed route
for seasonal flows in addition to valuable wetland preserve. 171e flow-way
will serve to restore more natural historic jlows to the site as well as to
upstream areas.
e. Extent ofimpervious surface and percent of eroundwater recharge area
to be covered.
Impervious surface comprises 155 acres with pervious (groundwater
recharge) areas at 491 acres.
f. Annual drawdoWd of 2roQndwater level resultine: from Dse.
A conswnptive use permit will be needed from the SFWMD for irrigation of
the project. Preliminary findings indicate that the existingfluctua/ions in
the water table are up to 5 feet difference between wet and dry seasons. No
drawdown of local water table leveLr is expectedfrom the project and will
not be allowed under the consumptive use permit.
g. Increased sUlation in natural water bodies resultiol! from the propOsed
~
No permanent increase in siltation is expected to occur in natural water
--=::.-?<!dies or in the Q~~..a.r.esu/t.ol!hi3~R!:~~gfef';1!i11::='~~.:;;.
~. ~~.===--~=--=--~~. ~~ :'>ii:......
5
,fJ,Qsnda ite;Ti f\Jo. 8C':
IJov91Tlber 14, 2006
Page 2U2 of 511
TERAFINA
Environmental Impact Statement
SEe 16 TWP 48S RNG 26E
Revised 02/05/01
flow through catch basins, grassed swales, and/or lakes prior to discharge
into wetlands, during which time particulates and suspended material will
drop out of the water column. Temporary construction impacts have been
considered and all on-site designated wetland preserves protected by the
use of staked, loed in filter cloth around the wetland boundaries and the use
of hay bales where necessary.
4. Wetlands.
a. Number of acres of Collier County iurisdictional wetlands bv veeetaoon
type, vC2etation composition, vel!etatioD abundance, and their wetland
functions.
A jurisdictional determination has been carried out by the South Florida
Water Management District and the verified line is delineated on the
enclosed aerial.
A breakdown of wetland community by habitat type. dominant species and
acreage is presented in the table and supporting FLUCFCS (Florida Land
Use Cover and Forms Classification System) map presented as Exhibit #8.
b. Determine present seasonal hi!!h water levels and historical bil!h water
levels bv utilizine: lichen lines or otber bioJouical indicators.
Elevations of historic wet season's high water levels have been obtained by
locating high watermarks. sediment lines, lichen and mosS lines or
adventitious roots on approximately 14 trees throughout the site. The
average wet season high water elevation was determined to be 13.4' NGVD
with historic high water at 14.9' NGVD.
c. Indicate how the project desil!:D improves/affects prc--development
bydroperiods resultine from the profect.
The nahlral hydrologic regime on this site has been considerably altered by
development and agricultural practices in the upstream watershed as well
as by banns and development downstreamfrom the project. Whereforested
wetlands in the east Bonita Springs area were clearedfor farming, the water
storage capacity was lost such that properties in the watershed to the south
are artificially inundated during the summer wet season,
~_____~=====;.- -~~. -- _ ~ :z:ft~''''''-'~~--
Current project design provides water storage capacity within the preserve
acreage internal to the project as well as the flow-way preserve along the
east side of the project, more accurately recreating not only historic
Irydroperiods on the project site but those of the surrounding areas as well.
A" excavated ribbon of intercomlected lakes will he constructed within the
preserve area that will increase the conveyance capability oftheflow-way
during storm events. 71jis conveyance system will be controlled with gate
structures to mimic natural gr.QJJJ:ld water. eleJJ.atio.1Ldt/.!!n~no.rmaL-",",::;;;;;;::,:.c_;';;'.
~~~~,,___,___-=-_~...~~-,.,".,.---,-.::..'"~_~ .,_ J":"":"
6
~-=o.~~~"C"'~ 'H'I1_.
Agenda Item No, se
t~ovember 14. 2006
Page 203 of 511
TERAFINA
Environmentallmpacl Statement
SEe 16 TWP 48S RNG 26E
Revised 02105/01
conditions, but will allow increased flow during flooding conditions. The
system within the Terafina preserve will average 200 feet wide and 4 feet
deep. A marsh community will be planted within the excavated areas.
d. Indicate tbe prooosed percent oCtbe defined wetlands to be impacted and
tbe effects of proposed impacts on the functions of the wetland areas.
Jurisdictional wetlands total 533, J acres out 0/ a tota/646.5 project acres,
The proposed activity will impact 280.52 acres which represents 52.6% of
total on-site wetlands. The impacts are incurred through residential
development, golf course, lakes, and roads. These impacts represent a
permanent loss of wet/and function. It must be noted that a lot of the
wetlands are trans Wonal in nature due to the fact that the upland areas are
converting to wetlands due to the flooding conditions that now occur on an
annual basis on the site,
A vast majority of the site burned during the summer of 2000 and as a
result, the already heavy inlestation olmelaleuea has golfen even worse,
ft.-fost of the native vegetation is stressed or dying due to the altered
hydrology and the competition of the increasingly dense me/aleuca stands,
Under the proposed county guidelines for wetland protection, the impacted
wetlands would all fall within the class 11 and class III designations, All
class I wetlands on the project site are slated for preservation.
e. Indicate bow the proiect deshzn minimizes impacts on tbe wetlands.
Viis project has been designed taking into account the biological condition
of the existing wetlands and regional water management concerns as well
as project goals. All on-site wetlands are impacted to some extent by the
invasion of exotic species such as Mela/euea and Brazilian pepper and
development has been restricted as much as possible to these reduced
functioning wetlands preserving the higher quality areas. Efforts have also
been made to keep internal preserve areas connected to the large flow-way
preserve through a series of open areas andflyway corridors.
t Indicate bow tbe proiect desiVl shan compensate for the wetland impacts
pursuant to the Collier Couutv Growtb Manaeement Plan,
In order to offset adverse environmental impacts resultingfrom developmenJ
activities in 280.52 acres of wetlands, the development plan provides jOr
preservation and restoration of the remaining on-site wetlands. Vte
preservation of 247.4J acres of wetlands and 26.92 acres of uplands is
proposed. The entire site has been impacted so that in addition to
disruption of the natura! hydrologic regime the invasion of exotic.J has
reduced the functional value and integrity of all on-site wetlands, All
preserved wetlands will be cleared of invasive exotic species and maintained
=~ an ~?!.ic ~<;Q1JJi.!1.WJ-,--~JhaLar..e-"ev.oid....ofJ.e11JJlan~afEe:;:- _
-':.~~
7
item No. se
14 2006
Pa;]9 204 of 511
TERAFlNA
Environmental Impact Stateme7ll
SEe J 6 TWP 48S RNG 26E
Revised 02/05/01
vegetation will be planted with appropriate native vegetation. Slash pine,
cypress and other canopy :;pedes will be utilized as will appropriate mid.
story and ground cover plantings. Approximately one million dol/ars of off-
site mitigation credits will a/so be purchased to make up for any on.site
deficits that remain after the final preservation credits have been awarded.
By impacting wetlands which have experienced hydrologic alteration and
exotic infestation to a degree that reduces functional we/land value, the
project minimizes its impacts to wetlandfunctions.
A combination of on and off-sUe mitigation is proposed so that there is no
net loss of wetlands pursuant to the County Growth Management Plan.
Final mitigation requirements will be coordinated with State and Federal
agencies according to guidelines presented in the SFWMD Basis of Review.
5. Upland utilization of wildlife and species of special statns.
a. Number ofacres of uplands bv v~et.ative type. vC2etJltive composition.
veeetation abundance, and tbeir upland functions.
A breakdown of upland community by habitat type, dominant species and
acreage is presented in the table and supporCing FLUCFCS (Florida Land
Use Cover and Forms Classification System) map presented as Exhibit #8.
b. Indicate proposed percent of defined uplands to be impacted and the
effccts ofproJ>osed impacts on the functions of upland areas.
Of a total up/and acreage 0/1/3.4 acres. project design will impact 86.47
acres, which is 76.3 %. Effects of the proposed impacts will be a reduction
in acreage available, post-development,
c. Indicate how the proiect desil!D minimizes impacts on uplands.
Attempts have been made to preserve Ihe higher quality upland areas and
those adjacent to good quality wetlands to maximize wildlife value. Efforts
have also been made to keep internal preserve areas connected to the large
flow-way preserve through a series afopen areas andflyway corridors.
d. Provide a plant and animal species survey to include at 9 minimum,
species ofsPfCial status tbat are known to inhabit bioloeical communities
similar to tbose cxistiDI! OD site and conducted in accordance witb the
1!uidelines oftbe Florida Game and Fresh Water Fl$b Commission.
Please reference EXHIBIT #9, Threatened and Endangered Species Survey.
-~~---,~-~....- - -,~~.~
....,.......-q.or...,-_.-,-'=C"..~~,..._-_-..~
_ ~ ....r-t.">);!:u...:'"..~~--~-_._-- -'=-:'.r=+;><;\l;Ji"'=-.-
. _.....~~~n-;~,q;l.':O""-'
8
Agenda Item t~o. se
November 14, 2006
Page 205 of 511
TERAFINA
Environmen(oZlmpac( Statement
SEe /6 TWP 48S RNG 26E
Revised 02/05/01
e. Indicate how the Droiect desitln minimi2:es impacts on species of sPeCial
status.
Preservation and enhancement of 274.35 acres of mixed wetlands and
uplands will retain viable habitat and forage area for wildlife using the
subject site, Of note is the layout of the large preserve area in the east part
of the property which is contiguous to the preserved areas of adjacent
properties thus maximizing wild lift value, This preserve area will also
contain the ribbon lakes that that will help to re-establish the historic
ouJjQll rates from this portion of the watershed. This created marsh and lake
habitat will also provide valuableforaging area for the areas wading birds,
most notably the wood stork.
Historic utilization of the northwestern portion of the site by red-cockaded
woodpeckers was mentioned in the attached Threatened and Endangered
Species Survey and has been discussed with the State and Federal Wildlife
Agencies. No current RCWactivity has been noted on the site and almost all
of the trees that are known to have had cavities have been killed, either
through stress induced by the high waters, fire, beetles, or a combination of
several }Qctors, The restoration of the area to native vegetation and to
historic water regimes will make the preservesfar more attractive to RCW
utilization than exists today. Proper management techniques that may
include mldstory removal and prescribed burning will be employed to insure
that the preserves remain viable to potential RCW usage.
6. Marine and estuarine rc.t;!ources.
Not applicable.
7. Noise.
a. Describe cbao2e$ in decibels and dUl1ltiOD of noise lZenel1lted duriD2 and
after the proiect (both day and DieM) tbat will exceed Collier County
re2ulations;
No noise will be generated by the project, either during construction or
subsequently that will exceed County, State or Federal regulations. Noise
from construction will be typical of that generated by clearing/excavation,
hauling, etc., and will be limited to normal working hours, Past-
construction. there should be no additional increase in noise with the
exception of that generated by personal automobile use by residents. This
is not a,zticipated to exceed County standards.
b. steps that will be taken to reduce noise leveJs durin!!: and after the vroiect;
!!M!
lloJ applicable, see above.
~04,:.I.N!'!oL"".ez_
~...~.:mc.
_........-,:w-~~hi:iio::Il~...~-~
......~.(,__ ~___-~J.:__"" -
9
3.8.5.4.2
~~~;-~-~
l\genda ~tern r'~o. ec
l~o\j8Jllber 1i 2006
Page 206 of 511
TERAFlNA.
Environmental impact Statement
SEe 16 TWP 48S RNG 26E
Revised 02/05/01
Co proiect compliance with Federal Aid Hi2hwav Pro2ram Manual 7-3-3.
Not applicable.
Public Facilities and Services
t. Wastewater MsoBllement
Wastewater produced by future residents and users of the project will he directed by
underground pipes and sewers to Collier County's North Regional Waste Water
Treatment Facility, approximately three miles to the wesl- south west on Goodlet/e-
Frank Road.
8. Describe exlstin2 treatment facilities as to capacity. percent caoacitv
beine used. type of treatment aDd de2ree of treatment.
71,e County 's North Regional Waster Water Treatment Facility is currently
operating at approximately 100% of its 8.5 million gallons per day (mgd)
capacity. The facility is under construction to upgrade its capacity to 13.5
mgd. The upgrades are slated to be on-line in 2001. The facility provides
primary and secondary treatment oj wastewater as well as high level
disinfection to provide re-use water for non-potable application in golf
courses, medians, and other irrigation or landscaping arenas.
b. If applicable. describe similar features of proposed new treatment
facilities.
Not applicable.
b. Describe tbe character and fate or both liquid and solid emuent~.
Effluent generated by this project will be limited to that from
domestidresidential use and as described above will be directed via pipefor
treatment at the nearest Collier County facility.
2. Water Supplv.
8. Estimate of avera2C daily potable and ooD-potable water demands by the
proiect.
Average flow for the project would be 850 units X 2.5 persons/unit X 154
gallons per day/person = 327,250 gal/ons per day.
Peak flow would be twice average flow or 654,500 gallons per day.
Non potable water usage will be dependant on a consumptive use permit
filed with the SFWMD.
-_.~_.~-----~-- - -~".,~
A""""_-":-._'1fW,>~;:I!O.lI<:"'--'-;;-"""""""~;'"",~~~~","""'''''~a,oi''H''''~'~
o;r:........-.li.......~~-.~
10
Agenda Item ~~o. se
November 14, 2006
Page 207 of 511
TERAFlNA.
Environmental Impact Statement
SEe 16 TWP 488 RNG 26E
Revised 02/05/01
b. Source of.be raw water supply.
Potable water for the project will be accessedfrom the existing water mains
servicing the Olde Cypress development along lmmokalee Rd. A spur of the
waler main was put in place up to the property line during the COnstruction
of the Olde Cypress infrastructure.
Non potable water will be drawnfrom underground sources hut, as stated
earlier, will be dependant on a consumptive use permit filed with the
SFWMD.
c. Analysis of oo-site treatment systems relative to State and County
standards.
Not applicable.
3. Solid Wastes.
a. Estimate of averaee dailv volume of solid wastes.
Solid wasle generation est/mates would be 850 units X 2 persons/unit X 5
lbs/day = 4.25 tons per day.
b. Proposed method of disposal ofsolid wastes.
Solid wastes will be handled by Waste Management afCollier County,
c. Any plans for reCVCIiDI! or resource recoverY.
Curbside newspaper, aluminum can and glass pickup will be available.
4. Recreation and open spaces.
s. Acreaae and facilities demand resultio2 from tbe new use.
This project consists of combined residential and recreational facilities
which include golf and tennis with associated amenities. Much of the project
site, post-deve/opment will consist of open space with attractive, native
landscape vegetation. Off-site recreational needs will thus be minimized
a/though the site is within a reasonable travel distance to County beaches
and associated facilities. The project is not expected to impact those
facilities to a large extent. Facilities demand for J 700 residents would
equate to 2.2 acres of community park space and 4.4 acres of regional park
space.
b. Amount o(public: psrk/recreation land donated bv tbe developer.
None.
-
"'~_"__."'-~ ;...~l'I.\d'!l.!l!!-
-............-
~~~...~~~.I:..o.a
"'_UW.~"li<I\
11
ltenl I\Jo. 8C
14. 2006
Page 205 of 51 1
TERAFlNA
Environmental Impact Statement
SEe /6 TWP 48S RNG 26E
Revised 02105/0 I
c. Man8eement plaos for any open water areas or one-half acre or more
within the project.
Lakes developed within the project will be constructed in accordance with
the County and South Florida Water Management criteria. Lake
management requirements will include periodic removal of excess
vegetation within and around the lakes on an as needed basis. Common
area and lake management will be the responsibility of the home owners
association. Easements for water management areas will be dedicated to
the County.
c. Plans for recreational development by tbe developer on dedicated lands.
Not applicable.
e. Amount of pub tic recreation lands removed from inventory bv the Dew
~
None.
f. Development and/or blockaee ofaccess to public beacbes and waters.
None.
5. Aesthetic and Cultural Factors.
a. Provide documentation from the Florida Master Site File. Florida
Department oeState and anv printed historic arcbaeoloeical surveys that
bave been conducted on tbe proiect area.
Please reference EXHIBIT #10, Master Site File response letter.
b. Locate an, known historic or arcbacololrlcal sites and the refatioosbip to
tbe proposed protect desien.
No known archaeological sites exist on the subject property as per EXHIBIT
#10.
c. Demonstrate bow the proiect desien preservcs the bistorkJarchaeolO2ical
intCllrity of tbe site.
Not applicable,
""~ -
Irr........~~-"-- -~~=-~ ,
_~~___~~~ ~......~,:~-==.~;~::; -~~-._.:::. _ .~~ 'T"_
__~~...., -~~~r;.~'o:L..,,=~
~=--~._-
~------.;~~
12
Agenda Item No, se
l~overnber 14, 2006
Page 209 of 511
TEIUFlNA
Environmental Impact Statement
SEe 16 TWP 48S RNG 26E
Revised 02105/01
d. Indicate any natural scenic features that mi2ht be modified bv the proiect
desie:D- aDd explain what actions shan be utilized to preserve aesthetic:
values.
Modifications to existing natural scenic features may entail the clearing of
forested areas and construction of buildings and facilities associated with
the proposed project, In it's existing condition, however, the site comprises
dense exotic vegetation and offers litlle in the way 0/ aesthetic or
recreational value. Construction and management of preserved areas will
result in an overall aesthetic improvement through development with exotic
species removed and native landscaping utilized throughout. Internal
preserves connected to tire flow-way preserve will also enhance wildlife
viewing opportunities for the residents.
c. Provide tbe basic architectural and landscapine desillos.
Architectural and landscape designs will be submitted during the review
process to Collier County Project Review Services, The designs will be
consistent wilh what is required by Ihe Land Development Code.
6. Monitorioe.
a. Describe the desit!D and procedures OraDV proposed monitoriD2 durine
aDd after site preparation and development.
A wetlands monitoring and maintenance plan wi/! be required by the South
Florida Water Management District for the proposed wetland restoration.
This plan will be submitted to the County upon finalization with the District.
Section 3.8.6 SPECIFICS TO ADDRESS
3.8.6.1 General: The statement should specificallv address the following:
3.8.6.1.1 Indicate bow tbe propOSed proiect bas incorporated the naturaL aesthetic aDd cultural
aud 3.8.6.1.2 resources and other eQvironmental considerations in the pranDiol! aDd deshm oftbe
propOsed project. aDd list tbe environmental impac1(s) oftbe prooosed action aDd the
reasanes) that tbe impad(s) are unavoidable and that tbe imp.d(s) represent the
minimum impac:ts ~!Isible to the envlroomcnta I Qua lily of the site a lid/or the
surroundin2 area. which millht be affected bv tbe proposed use.
The proposed Terafina project will provide residential and recreational amenities for
Northern Collier County's growing populace while contributing 10 regional storncwater
management efforts.
Much of the project in /('s current state consists afhydrologically and ecologically impacted
wetlands that through exotic invasion and altered hydrology have lost most of their
functional value. Thus as it stands the site is of lit/Ie environmental benefit to the region as
a whole. The project has been designed with wldfi! land use ;!oals I,! ~~
_, ~.~~~~~~ _ __.. 1l'III"'111'<l1"~-" T"'~~"'I!'............,.=_. . _.,,~._~tlti.&
13
3.8.6.1.3
3.8.6.1.1
3.8.6.1.5
A.':Jenja iterT~ r\lO. 8e;
rJJvember 14. 2006
P a.rJ? ') 1 lJ' nf S"'1 "'I.
TEXilFINA. " , ,
Env;ronmentallmpact Statement
SEe /6 TWP 48S RNG 26E
Revised 02/05/01
Environmental impacts will entail a lDSS of280.52 acres of wetlands and 82.16 acres of
uplands. Given the high wetland acreage on the site at 533.1 of a total project acreage o.f
646, these are unavoidable impacts and represent the least possible to result in afinancially
viable project.
Provide substantiated alternatiYes to the proposed proiect so that reasons for the choice
of a coone of action are clear. not arbitrary or capricious.
Alternatives to the project include no action which wo.uld result in unfeasible financial
burden ar search far alternative sites, Given the prDject's IDeation, surrDunded by
properties which are currently under development or with plans in place, fUture land use of
the project site is inevitable. This plan represents the best possible scenario. given the
cooperation between surrounding properties (Mirasol to the east and Old Cypress to the
south) to. incorporate a regionally significantflov..'-way preserve. Design and permitting of
this feature is accurring in tandem and through the regulatory agencies.
Immediate sbort-term and lODe-term impacts to the environment.
Short term impacts will result from the use of mechanized equipment an-site and increased
naise levels dwing construction. Long fenn impacts include the lass offunction and wildlife
value: of 280.52 acres af currmtly degraded we:tlands and 82.16 acres of naturally
functianing uplands in addition to the efficts o/increased populatian in the subject area with
correspanding requirementfor electricity, wafer supply and treatment, traffic considerations
Qnd recreational use of the project's environs. Construction of the flow-way will result in a
large, exotic free preserve contiguous to the CREW lands to the east that aside from
providing enhanced wildlife habitat will also. provide flood rellefto historically flood-prone
areas afBonita Springs and Northern Callier County.
AoV irreversible and irretrievable commitments of natural resources which would be
involved in the proposed action should be implemented.
Irreversible and irretrievable commitments of natural resources, if the proposed action is
authorized, will be the clearing and filling af. 280.52 acres of wetlands and 82.16 acres of
- --
uplands, with the assaciated loss in functional and wildlife value.
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Aaenda Item f\lo, se
November 14, 2006
Page2130f511
PUDEX-2006-AR-9610 REV: 2
P,'oject: 2002050014
Date: 8/7/06 DUE: 8/21/06
TERAFINA
COLLIER COUNTY
LISTED SPECIES SURVRY
.July 2006
Prepared For:
GL /lomes
1401 University Drlve
Suite 200
Coral Springs, Florida 33071
Prepared By:
Passarella and Associates, Inc.
9110 College Pointe Court
Fort l\1yers, Florida 33919
(239) 274-0067
Project No, 03GLH856
.l\genda Item l\jo. 8e
t~ovember 14. 2006
Page 21.1 of 511
TABLE OF CONTENTS
Page
Introduction.,.. ........... ..........., ..... ................." ........., ...., .......... ...., ........ .......... ......" ............... ........1
Vegetation Mapping..... ,.........,. .......... ................ ............... ..................... ........... ......,....,. ......... .....1
Survey Methodology.................. ....... ....... .............. ......' ......................................, ............, .......,.,.7
Survey Results.................... ................. ................................... ............... ..... ..... ........ ..... ......... ......7
S U In n1ary .",... . .. .. .. . .. . . , . . .. . . ... .. ... . . , .. .., . , . .. .. . . .. . .. .... . .. , .. . . . .. .. .. .. .. . .. .. . . , .. . , . .. .. . . , .. . .. . . . . .. , ... . , . .... . . . ..... .. . , . 8
Referen ces .......,..... ....... ,........ ........,..... .. ,................ ........... ....... ................. ..... ,,, ......... ,....... , ......... 9
Figure l.
Figure 2.
Agenda Item No. se
November 14, 2006
Page 215 of 511
LIST OF FIGURES
Page
Proj ect Location Map .,....... .... ......... ......... ....... ...., ........ ...,..................... ........ ........2
Aerial with FLUCFCS overlay...................................................................,',....... 3
ii
Table 1.
Table 2.
Agenda Item No. 8e
November 14, 2006
Page 216 of 511
LIST OF TABLES
Page
Existing Land Use and Cover Summary....... ........... ....... ...... .... ........ .... ................ 1
Listed Species Observed ......... ......... .......... ....... ................. .......... ........ ..............,.. 7
111
Agenda Item r\la, se
November 14, 2006
Page 217 of 511
LIST OF AI>PENDICES
Page
Appendix A. Aerial with FLUCFCS and Listed Species Locations .....,....."...........,.............. A-I
IV
INTRODUCTION
An updated Collier County listed species survey was conducted for the Terafina project by
Passarella and Associates, Inc. The following summarizes the results of the updated listed
species survey for the project.
The Terafina property totals 646.49+ acres and is located in Section J 6, Township 48 South,
Range 26 East, Collier County (Figure 1). The parcel is undeveloped, forested land. The
sun-ounding land uses include the Parklands proj ect to the north; OIde Cypress residential
neighborhood to the south; the Mirasol project to the east; and the Quail West residential
neighborhood to the west.
VEGET A TION MAPPING
Vegetation mapping was previously accomplished usmg rectified aerial photographs and
groundtruthing. Groundtruthing was previously conducted in March 2003. The vegetation
communities were mapped using Levels III and IV of the Florida Land Use, Cover and Forms
Classification System (FLUCFCS) (Florida Department of Transportation 1999), with Level IV
used to denote hydrological or anthropogenic disturbances. Table 1 provides the brcakchwn of
the FLUCFCS codes by acreage and percent of exotics, while a description of each of the
classifications follows. The FLUCFCS map with acreages is provided as Figure 2,
Table 1.
Existing Land Use and COVel" Suuunal1'
3219 El Palmett5.,lprairie, Disturbed (O-24YoE_x~!i(;s)
4119 El Pine Flatwoods,l?isturbed (0-24% Exotics)
4119 E2 ~i!~~ Flatwoods, Disturbed {25:~~o/Ogxg~ics)
411?_ E~ Pine Flatwoods, Qi~tUI:9~d (50-75% Exotics)
424 Melaleuca
~.___._.__ _'"n'________n___.....____
424 t Melaleuca, I-Iyd!ic:_______
4291 El ~ilx:~1yltle/Wi]low, Dist\.lrbcd~-~4o/(1E
1~_91 E2 Wax-M rtlc/\Villo~I,I?i~turbed (25-49%
6169 El PClE,Ash, Disturbed (0-24% Ex_()tics).
6219 El CY)l'CSS, Dist1.lrbeclJQ.:11% Exotics)
6219 E2 ._ _<:::ypress, Disturbed (25-49% Exotl~~L
6219 E3 Cy JrCSS, Distur~~clr50-75% Exotics)
Cypress/Pine/Cabbage Palm, Disturbed
. (0-24% Exotics)
6249 E2 Cypress/Pine/Cabbage Palm, Disturbed
(25-49% Exotics) ___ _____
Cypress/Pine/Cabbage Palm, Disturbed
50-75% Exotics)
I-I dric ~ine,_pisturbed (0-24% Exotics)
C"'",r'\ r.'''' TT..,l..;.. n:..", ,,:~..,..l,..rl (I'J<;: AnO/. Ti",.,,:,"~\
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-~
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,_. .--.--.----
309,30 I 47.8
---------
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_._---'~
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0.56 0.1
-
5,09 0.8
--~--~_.__...._...-
18.73 2.9
---
15.11 2.3
__H' .
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----~-
2.53 0.4
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. ----. \
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I --._-
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-
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~..Q:.:--,--~ ~. v
Aaenda Item I
~~ovember 14 ,f;
P ,2006
age2190f511
l1:.tW1
N
w*
j)~E
S
PAS !:i.ARE LLA a ~''''''''''''w
Consult7 ASSOCIATES
DRAWN BY: J.t ng Ecologists .
. DATE: 7/24/06
FIGURE 1. PROJECT
TERAFINA LOCATION MAP
2
Table 1. (Continued)
L
H dric Pine, Disturbed (50-75% Exotics
. Freshwater Marsh, Disturbed (0-24% Exotics)
Freshwater Marsh, Disturbed (25-49~ Exotics)
I Disturbed Land
TOT ALS
156.27
1.31
0.10
4.42
646.49
Palmetto Prairie, Disturbed (0-24% Exotics) (FLUCFCS Code 3219 E1)
This habitat occupies 2.R8::1: acres or 0.4 percent of the site. The canopy is open or may contain
scattered slash pille (Pinus elliottii) and melaleuca (Melaleuca quinquenervia). The sub-canopy
is open or may contain wax-mYltle (Myrica ccr(fera), myrsine (Rapanea punctata), melaleuca,
and Brazilian pepper (Schinus lercbinthi/olius). The ground cover is predominantly saw palmetto
(Serenoa repcns) and also contains rusty lyonia (Lyonia ferruginea.), grapevine (Vitfs
rotundifolia), and greenbrier (Smilax auriculata).
Pine Flatwoods, Disturbed (0-24% Exotics) (FLUCFCS Code 4119 El)
This habitat occupies 23.04::1: acres or 3.6 perccnt of the site. The canopy is dominated by slash
pine. The sub-canopy consists of wax-myrtlc, myrsine, dahoon holly (flex cassine), ear-leaf
acacia (Acacia aUl'icu1tformis), and melaleuca. The ground cover is sa\-\' palmetto.
Pine Platwoods, Disturbed C2)-49% Exotics) (FLUCFCS Code 4119 E2J
This habitat occupies 60.23::1: acres or 9.3 percent of the site. This community is similar to
FLUCFCS Code 4119 E 1; however, the canopy and sub-canopy consist of 25 to 49 percent
melaleuca.
Pine Flatwoods (50~7S% Exotics) (FLUCFCS Code 4119 E3)
This habitat occupies 21.80.L at;res or 3.4 percent of the site. This community is similar to
FLUCFCS Code 411 E2; however, the canopy and sub-canopy consist of 50 to 75 percent
melaleuca.
Melaleuca (FLUCFCS Code 424)
This upland habitat occupies 1.02:1: aeres or 0.2 percent of the site. The canopy is dominated by
greater than 75 percent melaleuca with widely scattered slash pine. The sub-canopy contains
melaleuca and wax-myrtle. The ground cover includes melaleuca, yellow-eyed grass (Xyris sr.),
rosy camphorweed (Pluchea rosea), little blue maidencane (Amphicarpum muhlenburgiania),
and scattered saw palmetto.
Melalcuf.~, Hvdric (F.:.VJCFCS Code 4241)
This wetland habitat occupies 309.30::1: acres or 47.~ percent of the site. The canopy is dominated
by greater than 75 percent melaleuca with widely scattered slash pine and cypress (Taxodium
distichum). The sub-canopy contains melaleuca, slash pine, wax-myrtle, and dahoo11 holly. The
ground covel' consists of barc ground with yellow-eyed grass, gulf muhly (.Muhlenbergia
4
Aoenda Item No. se
~{ovember 14, 2006
Page 221 of 511
capillaris), hatpins (El'iocaulon decangulare), rush fuirena (Fuirena scirpoidea), and little blue
maidcncane.
Wax-Myrtle/Willow. Disturbed (0-24% Exotics) (FLUCFCS Code 4291 El)
This wetland habitat occupies 0.59:1: acre or 0,1 percent ofthc site. The canopy is open, while the
sub-canopy is wax-myrtle and willow (Salix caroliniana) with zero to 24 percent melaleuca or
Brazilian pepper. Ground cover includes torpedo grass (Panicum repens), arrowhead (Saggitaria
lancefolia), Alligator flag (Thalia genicula/a), and little blue maidencane.
Wax-Myrtle/Willow, Disturbed (25-49% Exotics) (FLUCFCS Code 4291 E2)
This habitat occupies 3.56:!: acres or 0.6 percent of the site. This community is similar to
FLUCFCS Code 429 El; however, the canopy and sub-canopy consist of 25 to 49 percent
melaleuca or Brazilian pepper.
Pop Ash. Disturbed (0-24% Exotics) (FLUCFCS Code 6169 El)
This habitat occupies a.56:!: acre or 0.1 percent of the site. The canopy is pop ash (Fraxinus
carotiniana) and willow. The sub-canopy is willow and wax-myrtle. The ground cover is
scatlered arrowhead, maidencane (Panicum hemitomon), and swamp fern (Blechnum
scrrulatum).
Cypress. Disturbed (0-24% Exotics) (FLUCFCS Code 6219 El)
This wetland habitat occupies 5.09:1: acres or 0.8 percent of tbe site. The canopy is dominated by
cypress. The sub-canopy consists of cypress, wax-myrtle, dahoon holly, and zero to 24 percent
melaleuca. The ground cover includes rush fuirena, rosy camphor weed, swamp fern,
yellow-eyed grass, beak-rush (Rhyncho5]70ra inundaLa), Tracy's beak-rush (Rhyncho.spora
tracyi), and gulfdunc paspalum (Paspalum monostachyum). Deeper ponds within the cypress
domes support a ground cover of pickerelweed (Pontederia corda/a), arrowhead, and Alligator
flag.
Cypress, Disturbed (25-49% Exotics) (FLlJCFCS Code 6219 E2)
This habitat occupies 18.73:1: acres or 2.9 percent of the site. This community is similar to
FLUCfCS Code 6219 E 1; however, the canopy and sub-canopy consist of 25 to 49 percent
melaleuca and Brazilian pepper.
Qypress, Disturbed (50-75% Exotics) (FLUCFCS Code 6219 E3)
This habitat occupies 15.11:1: acres or 2.3 percent of the site. This community is similar to
FLUCFCS Code 6219 E2; however, the canopy and sub-canopy consist of 50 to 75 percent
melaleuca and Brazilian pepper.
Cypress/Pine/Cabbage Palm. Disturbed (0-24% Exotics) (FLUCrCS Code 6249 El)
This wetland habitat occupies 0.56:!: acre 01' 0.1 percent of the site. The canopy is a mix of slash
pine and cypress. The sub-canopy consists of slash pine, cypress, dahoon holly, and wax-mYltle.
The canopy and sub-canopy consist of zero to 24 percent melaueuca and Brazilian pepper. The
ground cover includes flatsedge (Cyperus haspans), beak-rush, Tracy's beak-rush, yellow-eyed
grass, and gulfdune paspalum.
5
14. 2005
Cypress/Pine/Cabbage Palm, Disturbed (25-49% Exotics) (FLUCFCS Code 624 E2)
This habitat occupies 2.53:J: acres or 0.4 percent of the site. This community is similar to
FLUCFCS Code 6249 E1; however, the canopy and sub-canopy consists of 25 to 49 percent
melaleuca and Brazilian pepper.
Cypress/Pine/Cabbage Palm, Disturbed (50-75% Exotics) (FLUCFCS Code 6249 E3)
This habitat occupies 8.30::1:: acres or 1.3 percent of the site. This community is similar to
FLUCFCS Code 6249 E2; however, the canopy and sub-canopy consist of 50 to 75 percent
melalcuca and Brazilian pepper.
Hydric Pine, Disturbed (0-24% EXQtics) (FUJ(:F.'CS Code 62~9 El)
This wetland habitat occupies O.82:J: acre or 0.1 percent of the site. The canopy contains slash
pine. The sub-canopy contains slash pine, melaleuca, and wax-myrtle. The canopy and sub-
canopy consist of zero to 24 percent melaleuca. The ground cover includes gulfdune paspalum,
little blue maidencane, rosy camphorweed, beak-rush, and rush fuirena.
Hydric Pine, Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2)
This wetland habitat occupies 10.27:J: acres or 1.6 percent of the site, This community is similar
to FLUCFCS Code 6259 E1; however, the canopy and sub-canopy consist of 25 to 49 percent
melaleuca.
Hydric Pine, Disturbed (50-75% Exotics) (FLUCFCS Code 62j9 E3)
This wetland habitat occupies 156.27+ acres or 24.2 percent of the site. This community is
similar to FLUCFCS Code 6259 E2; however, the canopy and sub~canopy consist of 50 to 75
percent mcla!cuca,
Freshwater Marsh, Disturbed (0-24% Exotics) (FLUCFCS Code 6419 Ej}
This wetland habitat occupies 1.3 H acres or 0.2 percent of the site. The canopy is absent. The
sub-canopy contains widely scattered \vax-myrtle, primrose willow (Ludwigia peruviana), and
zero to 24 percent Brazilian pepper. The ground cover includes arrowhead, Alligator flag, and
mai dencane.
Freshwater Marsh, Disturbed (25-49% Exotics) (FLUCFCS Code 6419 E.1J.
This wetland habitat occupies 0.10:J: acre or less than 0.1 percent of the site. This community is
similar to FLUCFCS Code 6419 El; however, the sub-canopy consists of 25 to 49 percent
Brazilian pepper.
Disturbed Land (FJ..UCFCS Code 740)
This upland area occupies 4.42:1: acres or 0.7 percent of the property. The canopy is open. The
sub-canopy contains scattered Brazilian pepper. The ground cover includes dog fe1U1el
(Eupatorium capill(jolium), ragweed (Ambrosia artemisi(folia), ceasarweed (Urena lobata),
sweet broom (Scoparia dulcis), hairy beggar-ticks (Bidens pilosa), sandspur (Cenchrus sp.),
smutgrass (Sporabolis indicus), flatsedge, and bahiagrass (Paspalum notatum).
6
Agenda Item No. se
r~overnber 14, 2006
Page 223 of 511
SURVEY METHODOLOGY
The property was surveyed for wildlife species listed by the Florida Fish and Wildlife
Conservation Commission (FWCC) and U.S. Fish and Wildlife Service (USFWS) as
endangered, tlu'eatened, or species of special concern; and for plant species listed by the Florida
Depaliment of AgricuLture and USFWS as endangered, threatened, or commercially exploited.
The listed wildlife species surveyed for included, but was not limited to, red~cockaded
woodpecker (Picoides borealis), Southeastern American kestrel (Falco sparverius paulus), bald
eagle (Haliaeetus leucocephalus), wood stork (Mycteria americana), gopher tortoise (Gopherus
polyphemus) and their commensals, such as the Eastern indigo snake (Drymarchon corais
couperi), gopher frog (Rana arealata), Big Cypress fox squirrel (Sciurus niger avicennia),
Florida black bear (Ursus americanus flaridanus), and Florida panther (Puma conc%r coryi)
(FWCC 2004). The listed plant species surveyed for included species typical to forested upland
and wetland habitats in this geographical region, as well as listed epiphytes and terrestrial
orchids common in Southwest Florida.
The survey was conducted for a period of five consecutive days by qualified ecologists walking
parallel belt transects tlu'ough suitable habitat to ensure that sufficient visual coverage of ground
and flora was obtained. Transects were spaced from 50 feet to 150 feet apart, depending on
habitat. Habitats were inspected for listed plant and wildlife species, At regular intervals, the
ecologists stopped, remained quiet, and listened for wildlife vocalizations.
SURVEY RESULTS
The listed plant and wildlife species survey was conducted on July 17, 18, 19, 20, and 21, 2006.
Listed species identified on the project site are listed in Table 2. A cluster of seven white ibis
were observed roosting in a slash pine tree on the project site in association with Melaleuea,
Hydric (FLUCFCS Code 4241). An aerial photograph \vith the approximate locations of the
listed species observed is provided as Appendix A. No listed plants were observed during the
surveys.
Table 2.
Listed Species Observed
FWCC - Florida Fish and Wildlife Conservation Commission
USFWS - U.S. Fish and \Vildlife Service
sse - Species of Special Concern
7
,A,oenda Itell1 hlo. 8C
~Jovember 14. 2006
Page 224 of 511
SUMMARY
A total of one listed species was observed on-site, the white ibis. This species is listed as a
species of special concern by the FWCC.
8
Aoenda item t'Jo. se
IJovember 14. 2006
Page 225 of 511
REFERENCES
Florida Depattment of Transportation. 1999. Florida Land Use) Covel' and Forms Classification
System. Procedure No. 550-010-001-a. Third Edition.
Florida Fish and Wildlife Conservation Commission. 2004. Florida's Endangered Species,
Threatened Species, and Species of Special Concern. Official Lists) Bureau of Non-
Game Wildlife, Division of Wildlife. Florida Fish and Wildlife Conservation
Commission. Tallahassee, Florida.
9
APPENDIX A
AERIAL WITH FLUCFCS
AND LISTED SPECIES LOCATIONS
.~aenda Item l\lo. 8e
r-Jovember 14, 2006
Page 226 of 511
Agenda Item ~\!o, se
Hovernber 14, 2006
Page 227 of 511
'1-'t~JlMt1.1'
t:J""~>.,.'::-,,.).' 'Jj""~(,'~.:?-
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~~""./!
.-')05'." It>'':.'1-~\')~
SOUTIi FLORIDA WATER MANAGEMENT DISTIUCf
3301 Cun Oub Road. West Palm Beach, Plorida 33406 · (561) 686-$800 . FL W ATS 1-800.432-2045 · TOO (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416468G . www.sfwmd.gov
October 31, 2006
G.l. Homes of Naples Associates II, Ltd.
1600 Sawgrass Corporate Parkway - Suite 300
Sunr~se, FL 33323
Subject:
Addendum to Staff Report Dated October 3D, 2006
AppUcation No, 060713~9, Saturnia Falls (FKA Teraflna P.U.D.)
Collier County, S16rr48S/R26E
Enclosed Is an addendum to a staff report sent to you on October 30, 2006, It Is requested that
you reCld this addendum thoroughly and understand its contents. The recommendations as
stated in the staff report and the addendum will be presented to our Governing Board for
considElration on Wednesday, November 8,2006. Please note, the meeting wlfl be held at
the Ocean Reef Club located at 35 Oeean Reef Drive in Key Largo.
Should you wIsh to object to the staff recommendaUon or file a petition, please prov~de written
objections, petitions, and/or walvers to:
Elizabeth Veguilla, Deputy Clerk
South Florida Water Management District
Post Office Box 24680
West Palm Beach, Florida 33416-4680
The "Notice of Rights" addresses the procedures to be followed if you desire a public hearing or other.
review of the proposed agency action. You are advised, however, to be prepared to defend your
position regarding the permit application when It Is considered by the Governing Board for final agency
action. even if you agree with the staff recommendation, as the Governing Board may take final
agency action which differs materia'ly from the proposed agency action.
P lease contact the District if you have any questions concerning this matter,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 31st day of
October, 2006 In accordance with Section 120.60 (3), Florida Statues.
Sincerely, n
a-l~~.t ~
Robert M. Brown, Director
Environmlmtal Resource Regulation Department
RMB/gh
RECEJVED
NOV 0 2 200S
CERTIFIED MAil # 70050390000598180256
RETUI~N RECEIPT REQUESTED
GOVERNING BOARD
EXECUTIve: OFFICE
Kevin McCarty, Orajr
lrela M. Bague. Vire-Chnir
Miya Durl-Slewart
Alice J. Carlson
Michael Colling
Nicolas J. Gutierrez. Jr., Esq.
Lennarl E. LindMl, P.E,
Harkley R. Thornton
Malcolm S, Wade, Jr.
Carol Ann WeIde, EXttutive Direaor
NOTICE OF RIGHTS
As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the
opportun~ties which may be available for adminIstrative hearing and/or Judicial review when the
substantial interests of a party are determined by an agency. Please note that this Notice of
Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may
be an applicable or appropriate remedy. You may wish to consult an attorney regarding your
legal rights.
Right to Request Administrative Hearing
A person whose substantial interests are or may be affected by the South Florida Water
Management District's (SFWMD or District) action has the right to request an administrative
hearing on that action pursuant to Sections 120.569, 120,57, and 120,60(3), Fla. Stat. Persons
seeking a hearing on a District decision which does or may determine their substantial interests
shall file a pl:!tition for hearing with the District Clerk within 21 days of receipt of written notice of
the decision in accordance with Rule 28-106.111, Fla. Admin. Code, Any person who receives
written notice of a District decision and fails to file a written request for hearing within 21 days
waives the right to request a hearing on that decision as provided by Subsection 28-106.111(4),
Fla. Admin. Code.
The Petition must be filed at the Office of the District Clerk of the SFWMD, 3301 Gun Club
Road, P.O. Box 24680, West Palm Beach, Florida, 33416, and must comply with the
requirement:s of Rule 28-106.104, Fla. Admin. Code. Filings with the District Clerk may be
made by mi:li1, hand-delivery or facsimile. Filings bye-mail will not be accepted, A petition
for administrative hearing is deemed filed upon receipt during normal business hours by the
District Clerl< at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28-
106.104, Fla. Admin. Code, any document received by the office of the District Clerk after 5:00
p.m. shall be filed as of 8:00 a.m. on the next regular business day.
. Filin~f8 made by mail must include the original and one copy and must be addressed to
the OffIce of the District elerk, P.O. Box 24680, West Palm Beach, Florida 33416.
. Filin~ls by hand-delivery must also include the original and one copy of the petition.
Delivery of a petition to the District's security desk does not constitute filing, To
ensure proper filing, it will be necessary to request the Districfs security officer to
contact the Clerk's office. An employee of the District's Clerk's offtce will file the
petition and return the extra copy reflecting the date and time of filing.
. Filin9s by facsimile must be transmitted to the District Clerk's Office at (561) 682-6010.
Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files
a document by facsimile represents that the original physically signed document will be
retained by that party for the duration of that proceeding and of any subsequent appeal
or subsequent proceeding in that cause, Any party who elects to file any document by
facsimile shall be responsible for any delay, disruption, or interruption of the electronic
signals and accepts the full risk that the document may not be properly filed with the
clerk as a result. The filing date for a document filed by facsimile shall be the date the
District Clerk receives the complete document.
Rev. 9/12/06
Aoenda item No. se
~Jovember 14, 2006
Page 229 of 511
The following prOVlSlons may be applicable to SFWMD actions in combination with the
applicable Uniform Rules of Procedure (Subsections 40E-0.109(1)(a) and 40E-1.511(1)(a), Fla.
Admin. Code):
(1)(a) uReceipt of written notice af agency decision" as set forth in Rule 28-106.111,
Fla. Admin. Code, means receipt of either written notice through mail or posting
that the District has or intends to take final agency action, or publication of notice
that the District has or Intends to take final agency action.
(b) If notice is published pursuant to Chapter 40E-1, F .A.C.,
publication shall constitute constructive notice to all persons, Until notice is
published, the point of entry to request a formal or informal administrative
proceeding shall remain open unless actual notice Is receIved.
(2) If the District's Governing Board takes action which substantially differs from the
notice of intended agency decision, the persons who may be substantially
affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla.
Admin. Code, unless otherwise provided by law. The District Governing Board's
action is considered to substantially differ from the notice of intended agency
decision when the potential impact on water resources has changed.
(3) Notwithstanding the timeline in Rule 28-106.111, Fla. Admin. Code, intended
agency decisions or agency decisions regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign Submerged Lands
pursuant to Section 373.427, Fla. Stat., shall provide a 14 day point of entry to
file petitions for administrative hearing.
Hearings Involving Disputed Issues of Material Fact
The procedure for hearings involving disputed issues of maleriat fact is set forth in Subsection
120.57(1), Fla. Stat., and Rules 28-106.201-.217, Fla. Admin. Code. Petitions involving displ.lted
issues of material fact shall be filed in accordance with Rule 28-106.104, Fla. Admin. Code, and
must comply with the requirements set forth in Rule 28-106.201, Fla. Admin. Code,
Hearings Not Involving Disputed Issues of Material Fact
The procedlJre for hearings not involving disputed issues of material fact rs set forth in
Subsection 120.57(2), Fla. Stat. and Rules 28-106.301-.307, Fla. Admin. Code. Petitions not
involving disputed issues of material fact shall be filed in accordance with Rule 28-106.104, Fla.
Admin. Code, and must comply with the requirements set forth in Rule 28-106.301, Fla. Admin.
Code.
Mediation
As an alternative remedy under Sections 120.569 and 120.57, Fla, Stat., any person whose
substantial interests are or may be affected by the SFWMD's action may choose to pursue
mediation. The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat,
and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. Choosing mediation will not
adversely affect the rights to a hearing if mediation does not result in a settlement.
DISTRICT COURT OF APPEAL
Pursuant to Sections 120,60(3) and 120.68, Fla. Stat., a party who is adversely affected by final
SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal
pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in
the appellate district where a party resides and filing a second copy of the notice with the SFWMD
Clerk within 30 days of rendering of the final SFWMD action,
Rev. 9J12/06
2
Ite:TI tJD, Be
1.1 2006
Page 230 of 51
erp_stafCreport.rdf
last Date For Agency Action: 09-NOV-2006
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name: Salurnia Falls (F.K.A Terafina P.U.D)
Permit No.: 11-02055-P
Application No.: 060713-9 Associated File: 060810-5 WU
Application Type: Environmental Resource (Conceptual Approval Modificalion And Construclion/Operation
Modification)
Location: Collier County, S16rr48S/R26E
Permittee: G.L. Homes Of Naples Associates II. Ltd.
Operating Entity: Salurnia Falls Homeowners Association, lnc
Project Area: (;46.49 acr'es
--
Drainage Basin:
Receiving Body:
WEST COLLIER
COCOHA TCHEE CANAL
DRAFT ~J
Subject to Govern i n'''jt
Boord Approval
Sub Basin: COC _ '-'
Project land Use: Residential
Class: CLASS III
Special DralnalJe District: NA
Total Acres Wetland On site:
Total Acres Wetland Preserved Onslte:
Total Acres Impacted Onslte :
Total Acres Presv/Mlt Compensation Onsito:
Total Acres presv/Mit Compensation Offsite:
Conservation E~asement To DistrIct: Yes
SovereIgn Submerged Lands: No
533.1 0
253.04
280.06
284.41
154.00
PROJECT PURPOSE:
This application is a request for a modification to an Environmental Resource Permit authorizing
Conslruction and Operation of a surface water management system serving a 639.28-acre residential.
development, part of the 646,49-acre project known as Saturnia Falls (FKA Terafina PUD). In addition,
the applicant is requesting Conceptual Approval of a surface water management system serving the
remaining 7.21.acre recreational area, with discharge into Cocohatchee Canal via onsile and offsite
wetlands and a 48" drainage outfall pipe.
App.no, : 060713-9
Page 1 of 24
Aoenda Item 1\]0. 8e
rJovember 14, 2006
Page 231 of 511
_ erp_stafCreport.rdf
PROJECT EVALUATION:
PROJECT SITE DESCRIPTION:
The project site is located a mile north of Immokalee Road, approximately 2 miles east of 1-75 and lies
near the Corkscrew Regional Ecosystem Watershed (CREW) lands. location maps are attached as
Exhlblls 1.0 and 1.1. The enlire project s1te consists of 646.49 acres.
Since the site Is relatively flat, much of the site contains standing water during, and for several months
following the end of the rainy season. A large portion of the site is part of or contiguous to a wetland
slough system extending to the north and northeast to the Corkscrew Swamp and to the south and
southeast to the Cocohetchee Canal.
PROJECT BACKGROUND:
An Individual Environmental Resource PermIt was issued by the Governing Board in May 2002 for this site
known al the tllTle as Wlldewood Lakes, authorizing the Construction and Operallon of a surface water
management system to serve a 436.10 acre residential and golf course development within a 646.50 acre
parcel. The applicant was Robert Vocisano. The applicalloIl associated with that permit was originally
denied by the Governing Board In December 1998 after the applicant indicated that all requested
information had been supplied and requested final agency action in accordance wlth Section 373.4141
F.S. The appliC'.ant then elected to pursue mediation through the process outlined in Section 120.573 F.S.
After three years, the applicant provided the necessary information to address staffs concems and the
application was submitted to the Governing Board with a recommendation for approval in 2002. For
purposes of this staff report, the permit issued on April 11, 2002 wlll be referred to as the April 2002
permit.
On September 5, 2002 a letter modification was Issued to modify the work schedule and mitigation
payment requirements.
A General Environmental Resource Permit modiHcation was issued in August 2003 to authorize
Construction and Operation of a surface water management system to serve 9.70 acres of roadway
Improvements known as Logan Boulevard Extension, which lies withIn the western 80 ft. of the property.
On April 2, 2003, a letter modification was lssued to modlfy the work schedule and mitigation payment
requirements.
On March 10, 2004, the Governing Board approved an Environmental Resource Permit modification to
authorize the Construction and Operation of a surface water management system to serve a 421.40 acre
residential development within a 646.50 acre parcel known as Terafina PUD, with discharge to the
Cocohatchee Canal via an conveyance channellflow-way known as the Mirasol Flow-way along the
eastern side of the project. SpecIal Conditlon No. 18 of the March 2004 Permit required construction of the
flow-way and associated control structures to be completed prior to any construction within the
development site. The flow-way and associated control structures and surface water management system
were never conslructed. For purposes of this staff report, the permit issued 011 March 10, 2004 will be
referred to the March 2004 permit.
On February 9, 2004 a letter modification was issued to extend the time deadline for submittal of the
required mitigation payment. That payment has since been made to purchase CREW lands.
A tetter modification was issued on October 5, 2006 authorizing installation of a 48" reinforced concrete
drainage outfall pipe within the limits of the Logan Boulevard right-of-way to convey the discharge from the
Saturnia Falls (Terafina PUD) project to the Cocohatchee Canal.
PROPOSED PROJECT:
App.no. : 060713.9
Page 2 of 24
erp_stafCreport.rdf
This application is a proposal to modify the residential project permitted in the March 2004 Permit. The
development sIte will consist of single-family residentIal areas, recreation area and internal roadways. This
applicaUon modifies the March 2004 Parmlt by removing the flowway from the east preserve area and
proposing a revised surface water management system (SWMS). The remainder of the Site plan including
road alignments, type and number of houses, lots, takes and grading informatlon, wetland impacts and
mitigation remain consistent with the March 2004 Permit, however runoff from Logan Boulevard, along the
western boundary of the project site will not be direcled to the Satumia Falls water managment system.
The March 2004 Permit did include runoff from Logan Boulevard. Presently. the surface water
management system for Parklands Collier, 11-02231-P I Is to be modified to accept the runoff from Logan
Boulevard.
THE MODIFIED SURFACE WATER MANAGEMENT SYSTEM:
The surface water management system (SWMS) is proposed to be modified in this application. The
modification proposes an alternate surface water management system to serve the 397.46 acres of
residential development. The SWMS consists of eleven (11) interconnected lakes, lake interconnects,
catch basins, collection culverts, and two (2) operable control structures. The maintenance of the
operable control structures shall be conducted In accordance with Special Condition 3 and a Control
Stucture Agreement to be finalized prior to any work on the site. The operatlon of the operable conlrol
structures shall be in accordance with Special Condition 3 and Exhibit 2.17. The design of the SWMS
allows runoff from the east preserve area. part of the existing wetlands stough system, to enter the SWMS
when the water levels exceed elevation 14.20 ft NGVD. This elevation represents the current wet season
inundation level present on the east boundary of the property.
The modified SWMS consists of eleven (11) controlled sub-basins and the southeast preserved area with
a total area of 397.46 acres. Stormwater runoff within each sub.basin shall be collected in catch basins via
sheet flow, curb and gutter and directed to the interconnected wet detentlon lake system prior to
discharging to Cocohatchee Canal through the operable control structures: WCS-1 and WCS-2. Control
Structure WCS-1 \s located in Lake 4 discharging to cocahatchee Canal via a 48" RCP drainage outfall
under Logan Boulevard. Control Structure WCS-2 is located in the east berm adjacent to the wetlands
slough and discharges directly to the slough. The design criteria of the operable control structures are
discussed in the following paragraphs. The inter-connected wet detention lakes provide the required water
quaHly treatment and attenuation during the 25 year. 3 day storm event. The required water quality
treatment volume for this project is based on the first inch (1") of runoff within the developed area with an
additional 50010 water qua!1ty treatment.
To be consistent with the hydroperiod of the wetlands slough located to the east of the project site during
dry season/low fiow conditions and to provide flood storage in order to reduce upstream and downstream
flood stages in the slough durIng wet season! high flow condilions, the operable control structures are
scheduled based on the water levels in the wetlands stough. Hydrologic mode' HEC-HMS and hydraulic
model HEC-RAS were used to provIde a simulation of flood waves propagating through the wetlands
slough. The model's upstream and downstream boundary conditions were established by existing studies,
including Tomasello Consulting Engineers' SHEET2D model resutts (Tomasello, 2006) and the Big
Cypress Basin's Cocohatchee Canal Phase 4 Improvements (Feng, 1999). The hydraulic models indicate
that during the 25 year - 3 day storm event the water level in the slough fluctuates between 13.40 ft NGVD
to 15.31 ft NGVD. This information was used as the tailwater conditions for 1he design of the SWMS. The
model results also indicate that the water level in the slough is below elevatlon 14.00 ft NGVD
approximately 70% of the year.
Durlng dry season! and the beginning of a wet period conditions (the water level in the slough is below
elevation 14.00 ft NGVD). the SWMS shall discharge to the slough through Control Structure WCS-2 fitted
with an operable bleeder at the control elevation of 13.40 ft NGVD and a fixed discharge V-Notch weir at a
crest elevation 14.20 ft NGVD. This discharge will flow southerly through the existing wetland SIOUg~1 to
Ihe Cocohatchee Canal. Control Structure WCS-1 will be closed during these periods and there will be no
App.no. : 060713-9
Page 3 of 24
Aaenda Item ~~o, Be
r.Jovember 14, 2006
Page 233 of 511
erp_stafCreport. rdf
offsite dlschargEl to the 46-inch diameter pipe In Logan Boulevard Right-ot-Way through Control Slructure
WCS-1. The maximum discharge rate under these condltlons Is 15.28 cfs and will occur to the slough.
Based on the slough's hydraulic model results, operation under this condition sl1all occur approximately
70% of the time on an annual basis.
During the wet season I high flow conditions (the water level In the slough is above elevatIon 14.00 ft
NGVD). the SWMS shaH discharge predominately to Cocohatchee Canal. When the water level in the
slough reaches 14.00 feet NGVD. the operable bleeder in Control Structure WCS-2 will close and the
operable bleeder/discharge structure on Control Structure WCS-1 will open. During the 25 year-3 day
storm. the maximum discharge rale ot 13.50 cfs through Control Structure WCS-1. will occur to the 48"
RCP drainage outfall under the Logan Boulevard right-of-way, via the bleeder/discharge structure with a
control elevation of 13.40 feet NGVD. During these condItions, discharge will also occur through the fixed
discharge structure on Control Struclure WCS-2 with a maximum value of 2.10 cfs. The total discharge
rate during the operation in this condiUon is 15.61 cfs. This dIscharge Is also directed to the Cocohatchee
Canal.
To transition from Control Structure WCS-1 being open and the bleeder in Control, Structure WCS-2 being
closed to the reverse condition the water level In the slough at the outfall of Control Structure WcS-2 must
be at an elevation of 13.7' NGVD and receeding.
As described in the portion of the hydraulic model of the wetland slough system, during the 25 year - 3 day
storm event, the water level in the slough fluctuates from 13.40 ft NGVD to 15.31 ft NGVD. When the
water level In the slough 15 higher than the elevation 14.20 ft NGVD and the water level in the SWMS
lower than the elevation 14.20 ft NGVD, runoff from the slough shall enter into the SWMS through the 60
degree V-Notch weir, part of Contro~ Structure WCS-2. The SWMS is designed to receive runoff from lhe
slough to provide additional flood storage to maintain / reduce upstream and downstream flood stages in
the slough during wet season I high flow conditions. Stormwater runoff from the slough shall be routed to
the SWMS and discharges through Centrol Structure WCS-1, conveying the discharge directly to
Cocohatchee Canal.
In consideration of the proposed project, the applicant provided an analysis to evaluate the effects of the
proposed project on the slough stage levets. The analysis included an evaluation of inundaUon levels
during the 25 year ~ 3 day storm event and the 100 year ~ 3 day storm event. The analysis compares the
exisling conditions and proposed conditions with the effects of wetlands restoration in speclflc locations as
a mitigation strategy. This approach requires removal of exotic vegetation as specified In the mitigation
plan to achieve the conveyance designed into the hydrologic analysis of this application and maintain this
condition into perpelulty. The results from the analysis ensure that stages during both the 25 year - 3 day
storm event and 100 year - 3 day storm event, at both the project sIte and adjacent locations will not stage
higher than existing conditions.
In addition to the above considerations, the applicant for the Mirasol project (Permit No. 11-02031-P /
Application No. 060524-2) analyzed the runoff lnto the Cocohatchee Canal from the slough system located
east of this site. That analysis was used in the design of this project (Tomasello, 2006) included not only
evaluations of Inundation levels but also total flows into the Cocohatchee Canal. The area evaluated was
bounded on tho south by the Cocohatchee Canal and included the study area used in both the South Lee
County Watershed Plan study and the BCB Cocohatchee Canal stUdy. During the 25 year - 3 day event,
the existing discharge to the Cocohatchee Canal is 553 cfs, based on the hydrologic analysis provided on
the Mirasal Application. The proposed Mirasel Application resulted In a total of 529 cfs entering the
Cocohatchee Canal from the combined slough system and Mirasol pass-through system. Under U,is
application, the resultant conditions would result in an additional 13.50 efs being directed to the
Cocohatchee Canal under the Logan Boulevard right-of-way. This results in a total post development flow
to the Cocohatcnee Canal of 542.50 cfs, 10.50 crs less than the existing pre-deveiopment discharge for
the area.
App.no. : 060713-9
Page 4 of 24
/\genda item No, Be
tJovember 14, 2006
Page 234 of 511
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LAND USE:
A. The land use category "Other" totaling 249.03 acres represent areas which are not part of controlled
drainage basins. This land use category can be broken down as follows:
A1. East Preserved Area - 210.42 acres
K2.. East Buffer - 5.17 acres
A3. East Riprap - 1.14 acres
A4. North Preserved Area. 28.12 acres
A5. North Right-of-way - 4.16 acres
B. The land use category "Preserved" totaling 38,99 acres represents preserved areas which are part of
controlled drainage basins. This land use category can be broken down as follows:
81. South PreBerved area - 25.97 acres
82. Southeast Preserved Area - 4.19 acres
83. Wildlife Corridor - 8.83 acres
C. This phase of construction does not Include the improvements wIthin the 7.21-acre recreational site
(requested for Conceptual Approval).
Conceptual:
Area
(ae)
BasIn Site Building Coverage .91
Pervious 3.17
Impervious 3.13
Total: 7.21
Construction:
Project:
This Phase Total Project
Building Coverage 73.74 74.65 acres
Impervious 46,00 49.13 acres
Lake 86,94 86.94 acres
Other 249.03 249.03 acres
Pervious 144.58 147.75 acres
Preserved 38.99 38.99 acres
Tota!: 639.28 646.49
Basin: SiTE
This Phase
Total BasIn
Blli!d~ng Coverage
Impervious
73.74
74.65
acres
46.00
49,13
acres
App.no,: 060713.9
Page 50! 24
Agenda Item No, se
~~overnber 14, 2006
Page 235 of 511
erp_staftreporl.rdf
Basin: SITE
This Phase
Total Basin
lake
Pervious
Preserved
Total:
86.94
144.58
38.99
390.25
86.94
141.75
38.99
397.46
acres
acres
acres
WATER QUANTITY :
Discharge Rate:
The proposed development's discharge rate is within the allowable discharge rate previously permitted
0.04 cfs/acre (25.60 CSM) in the May 2002 Permit. The allowable discharge rate during the 25 year. 3
day storm event was based on the Cocohatchee Canal Plan and ColHer County Ordinance 90-10.
As shown in the table below, the peak discharge from the project is 15.61 cfs and it is within the allowable
discharge rate 15.90 efs.
Discharge Storm Frequency: 25 YEAR-3 DAY
Design Rainfall: 11.1 inches
SITE
Allow Disch
(cfs)
15.9
Method Of
Determination
Previously Permitted
Peak Disch
(efs)
15.61
Peak Stage
( ft, NGVD)
15.38
Basin
Finished Floors:
Building Storm Frequency: 100 YEAR-3 DAY
SiTE
Peak Stage
( ft, NGVD)
16.05
DesIgn Rainfall: 13.3 Inches
Proposed MIn. Finished Floors FEMA Elevation
(ft, NGVD) (ft, NGVD)
16.6 N/A
Basin
Road Design:
Road Storm Frequency: 25 YEAR-3 DAY
Basin Peak Stage
( ft, NGVD)
SITE 15.38
DesIgn Rainfall: 11.1 inches
Proposed Min. Road Crown
( ft, NGVD)
15.7
Parking Lot Design:
Parking lot Storm Frequency: 25 YEAR-3 DAY
BasIn Peak Stage
( ft, NGVD)
SITE .,.-'-----15.38
Design Rainfall 11,1 inches
Proposed Min.Parklng Elev.
( ft, NGVD)
15.7
App.no, : 0607'13-9
Page 6 of 24
,A,osnd3 ltenl 1\l0. 3e
f'J::J\/emb9f i 4 2006
Page 236 of 511
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Flood Ptain/Campensating Storage:
In the existing conditlons, the project site provides historic storage for runoff from the eastern part of Lee
and Collier COlmtles during the middle to latter part of the normal rainy season. Inundation 1n this area is
due to a number of factors including the restriction in the natural slough conveyance system through
reduction in width, development to the west and an Invasion of exotic species in the slough. As the wet
season progresses, the dense exotic vegetation impedes the conveyance of flaw and the resulting
elevated water stages inundate properties adJacent to the wetlands. With the onset of the dry season, the
slough recedes quickly as water table elevations drop.
To analyze impacts to the existing conditions, the applicant provided an analysis to evaluate the effecls of
the proposed project on the slough stage levels. Hydrologic model HEC*HMS and hydraulic model HEC-
RAS were used to provide a simulation of flood waves propagating through the wetlands slough. The
model's upstream and downstream boundary conditions were established by exIsting studies, including
Tomasello Consulting Engineers' SHEET2D model results (Tomasello, 2006) and the B1g Cypress Basin's
Cocohatchee Canal Phase 4 Improvements (Feng, 1999). The analysis Included an evaluation of
inundation levElis during the 25 year - 3 day slorm event and the 100 year - 3 day storm event. The
analysis compares the eXisting conditlons and proposed condltrons with the effects of wetlands restoration
in specific locations as a mitigation strategy. This approach requires removal of exotic vegetation as
specified In the mitigation plan to achieve the conveyance designed Into the hydrologic analysis of this
application an,l maintain this condition into perpetuity. The results from the analysis ensure that stages
during both the 25 year - 3 day storm event and 100 year - 3 day storm event. at both the project site and
adjacent locations will not stage higher than existing conditions.
Control Elevation:
SITE
Area
(Acres)
397.46
Ctrl Elev
( ft, NGVD)
13.4
WSWT Ctrl Elev
(ft, NGVD)
13.40
Method Of
Determinat~on
Basin
Previously Permitted
Receiving Body:
Basin
Site
Site
DischarQe Structures:
Bleeders:
BasIn
Receiving Body
COCOHATCHEE CANAL (LOGAN BLVD
OUTFALL)
WCS-2 ONSITE AND OFFSITE WETLANDS
Note: The units for all the elevation values of structures are ( ft, NGVD)
Str.#
WGS-1
Str# Count
Type
Width
HeIght
Length Dia.
Invert
Angle
Invert Ele\
SITE
SITE
WCS-1 '1
WCS-2 1
Reclanguiar Notch
Rectangular Notch
6'
6'
.351
.35'
13.4-
13.4
Culverts:
Basin
SITE
App.no. : 060713.9
Str# Count Type Width Length Dia.
WCS-1 1 Reinforced Concrete Pipe 6500' 48"
Str# Count Type Width Length Dia. Crest Elev.
WCS-1 In~et 10.33' 12' 18
Str# Count Type Width Height length Dia. Elev.
Page 7 of 24
Inlets:
Basin
SITE
Weirs:
Basin
Agenda Item 1\10, Be
November 14, 2006
Page 237 of 511
erp_stafLreport.rdf
DischarQe Structures:
Weirs:
SITE
SITE
SlTE
WCS-1
WCS-2
WCS-2
1
1
1
Sharp Crested
Sharp Crested
V-Notch
9'
20'
1.391 1.2'
15.36 (crest)
15.4 (crest)
14.2 (crest)
WATER QUALITY :
As shown In the table below, the proposed surface water management system provides the water quality
volume 49.68 BC-ft, based on the firsl inch (1 ") of runoff wIthin the developed area with an additional 50%
of water quality treatment. '
The Cocohatchee Canal has been listed as an impaired water body by the Florida Department of
Environmental Prolection (DEP) for Dissolved Oxygen (DO) and Jrol"l (Fe). After revIew of the submllted
information, staff has concluded that the proposed project will not contribute 10 the canal's water quality
impairment.
Urban Stormwater Management Program and Construction Pollution Prevention P~an specifications and
guidelines are part of the required water quallty. Construction and dally operation of the project shall be
conducted in accordance with Special Conditions No. 2Q-21 and Exhibits No. 2.21 and 4.0-4.6 which are
Incorporated by reference and shall be retained in the permit file.
Accordingly, no adverse water quality impacts are anticipated to result from this project.
SITE
Treatment
Wet Detention
Voi Req.d
(acoft)
49.68
Vol Prov'd
( ac-ft)
49.68
Basin
Treatment Method
WETLANDS:
The sita contains 533.1 acres of wetlands, wilh the remaining areas being upland communities. The
wetlands are primarily hydric pine systems Infested to a large degree by melaleuca. The upland
communities are primarily located along the western property boundary with a few scattered upland
Islands located throughout the sile, The orlslte uplands are high quality areas dominated by a canopy of
slash pines with a strong saw palmetto understory. In addition, the uplands include cabbage palms, wax
myrtle and scattered Dahoon holly.
Mitigation Proposal:
APRIL 2002 PERMIT (W1LDEWOOD LAKES):
The mitigation to offset the proposed 273.13 acres of direct wetland impacts involved both onslte
mlligation and offslte mitigation.
The onsite mitigation proposal consisted of the enhancement of 250.10 acres of wetlands and
preservation of 29.15 acres of uplands. All wetland and upland preserves, including the 11.95 acres of
connector preserves, were to be enhanced by the removal of exotic and nuisance vegetation, with
supplemental plantings where necessary in accordance wilh the mitlgatlon plan. The connector preserves
were not included in the mitlgalion analysis for offsetting wetland impacts on Wildewood Lake. All wetland
and upland preserves were to be piaced under a conservation easement.
The offslte mitigation proposal consisted of the transfer of funds to the District specifically for the purchase
of 154 acres (which equates to 25.67 credits) of land within CREW, a project within the District's Save Our
App.no. : 060713-9
Page 8 of 24
I'-\aenda Ite:T! r'Jo. 8e
rIol/ember i4 2006
23E:J DT 511
erp_staftreport.rdf
Rivers Program.
For the CREW mitIgation, in addItion to the purchase of the land, the applicant was obligated to provide
funds to cover restoration and long-term management costs of actMties such as exotic removal,
prescribed burning, etc.
The permltlee provided a draft letter of credit as financial assurances that the mitigation, monitoring and
maintenance work would be conducted as permitted.
Detailed mitigation, monitoring and maintenance plans can be found on Exhibits 2&-70 of the April 2002
permit.
MARCH 2004 PERMIT (TERAFINA PUD):
The following mitigation plan was proposed to offset the proposed 280.06 acres of direct wetland impacts.
The onsite mitigation consisted of the preservation and enhancement of 253.04 acres of wetlands,
preservation of 31.27 acres of uplands, and creation of 0.1 acre of wetlands. The wetland enhancement
included hand removal of exotics. regrading and replanting within the proposed flow-way, and buffers
along the flow-way. The grading plan for this area included the establishment of four marshes for wading
bird foraging habitat. The locations of these areas were shown on Sheet E~7 of the environmental plan
attached as Exhibit 3.6 of the March 2004 staff report. In addition, 23.5 acres of flow-way conveyance
were to be constructed pursuant to the March 2004 permit.
It should be noted that the onsite mitigation acreage IIs1ed in the April 2002 Permit was revised with the
March 2004 permit due to more accurate AutoCAD measurements. The revisions resulted in the
permitted preserve areas (mitigation and flow-way) being adjusted to 284.44 acres in the March 2004
PermIt.
The location of the onsite mitigation was shown on Sheet E.5 of the environmental plan as Exhibit 3.4 of
the March 2004 Permit staff report. A revised/monitoring/maintenance plan was attached as Exhibit 3.7a -
3.7f of that staff report.
The wetland plan included the establishment of five interconnected preserves Within the western portion of
the development, a habitat buffer along the north property Une, 210 acres associated with the flow-way on
the eastern third of the property, and a created upland buffer between the development and the flow-way.
The five interconnected preserves located within the interior of the development plan included both upland
and weiland habitats. The five preserves were to be interconnected by box culverts under the proposed
roads. These box culverts were designed to provide wHdlife crossings to facilitate wildlife movement
between preserve areas. The five preserves were con nected to the 210 acre flow-way on the eastern
third of the property. All wetland and upland preserves were to be placed under a conservation easement
as Exhibit 3.86 - 3.8g of that staff report (March 2004 Permit).
CURRENT STATUS OF MITIGATiON:
In June 2004, the applicant submitted $1,260,798.00 as funding for the off-site millgalion in CREW. As a
result, the applicant has provided a substantial amourtl of up-front mitigation for the proposed wetland
impacts. A baseline monitoring report for the on-site mitigation was also submitted in September, 2004.
THIS PROPOSED MODIFICATION(SATURNIA FALLS fka TERAF1NA PUD):
The total area designated as mitigation In the current modification wHl remain unchanged from the March
2004 Permit (284,41 acres). These areas are designated as follows:
_ 146.32 acres Vv'eHand enhancement through hand removai of exotics
_ 104.24 acres Wetland enhancement through mechanical removal of exotics. grading to weUand
App.no. : 060713-9
Page 9 of 24
Agenda Item f\Jo, se
r-Jovember 14, 2006
Page 239 of 51 1
erp_stafUeport.rdf
elevations and planting with native vegetation
- 0.10 acre Wetland creatlon/restoratlon from uplands
- 2.48 acres Enhancement of the preserve slough buffer
- 31.27 acrElS Upland Preservation
. 284.41 acres Total
The wetland enhancemenl areas that require mechanical removal of exotic vegetation. site grading and
replanting are those areas where the existing coverage of exotic plant species range between 75% and
100% (see E),hibits 3.1 and 3.2). These marshes will be graded to varying depths to allow for the
concenlratlon of prey for wading birds in conjunction with seasonal fluctuations in water levels (see Exhibit
3.4).
The proposed modification also includes an updated monitoring and mainlenance schedule. conservation
easement, and financial assurance. All other elements of the mlllgation plan remain as previously
permitted (see Exhibits 3.1 through 3.4).
The proposed plan for the onslte millgalion areas In the current modification no longer includes excavation
of a flow-way within the mitigalion area. As part of the proposed modification, the area previously
designated as a flow-way will be placed under a conservation easement and the exoUc plant species will
be removed in accordance with Exhibit 3.4A. However, the prevIously designated flow-way area will not be
counted toward any mitigation credit for lhe proposed project.
The proposed modification of the surface water manage men I system to eliminate the flow-way will not
adversely affect the mitigation area. As described in the Proposed ProJect narrative, outfall of surface
water runoff to the Logan Blvd outfall will occur in accordance wIth the operating schedule of the outfall
structures. Tt,is wll1 occur when the mitigation area can no longer receive runoff due to the water level
within the wetlands. This change is necessitated due to the elimination of the proposed flow-way
excavation. During the dry season and portions of the wet season, the site will discharge exclusively to
the mitigation areas, insuring appropriate hydrology for wading bird foraging and other functions. When
water levels are high enough for water discharge from the site toward Logan Blvd, the wetlands within the
mitigation area will not need additional water to support these functions.
Wetland Inventory:
The impacts and mitigation for this project were previously reported, wilh the March 2004 Permit, and are
not being reported again to FDEP with this application.
App,no. ; 060713.9
Page 10 of 24
"':lend", Item No, Be
rJovernber 14, 2006
24Qof511
erp _ stafUeport. rdf
Wetland Inventory :
CONSTRUCTION MOD -CREW
SId1te T5ue I
rypej Pre-Development
Post.Oevelopment
Pre
Fluc
C5
AA
Type
Pres.
Acreage CUlTlInl With l1me Risk Adj. Post Atli Functional
(Acres) Wo Pres Project Lag (Yrs) Factor Factor Fluccs Delta Gain I Loss
OFF 625 Enhancement 154.00
Total: 154.00
Wetland Inventory :
CONSTRUCTION
~te ~:I~
Pro
Flue
es
MOD -Saturnia FaHs (fl<a Terafina PUD)
Pre.Davelopment I
Post-Oevelopment
M
Ty~
Pres.
Acreage Cumlnl With TIme RIsk Adj. POSt Adj Functional
(Acres) Wo Pres Project Lag (Vrs) Factor Factor Fluces Delta GaIn I Loss
CRT ON 424 R~storaUon!Creallon .10
ENH ON GAC Enhancement 253.04
IMP O~ 610 Dirac! 279.25 .000 .000
IMP2 ON 641 Direct .61 -~ .000 .000
UPL ON 411 Preservation 31.27
Total: 564.47 .00
Fluccs Code Description
411 Pine Flatwoods
411 Pine Flatwoods - Hydric
411 Pine F\atwoods -
Upland
424 Melaleuca-Upland
424 Melal euca-W etland
610 Wetland Hardwood
Forests
625 Hydric Pine Flatwoods
641 Freshwater Marshes
6AC Cypres - Pine-
Melaleuca
Endangered Species:
This project contains potential habitat for listed wetland-dependent wildlife species such as the Florida
panther (Puma concolor coryl), wood stork (Mycteria americana), Big Cypress fox squirrel, little blue
heron, and red-cockaded woodpecker.
The current modification Includes the previously permitted mitigation plan which includes compensation
for impacts to both woodstork and panther habitats. The onsite mitigation plan includes 253.04 acres of
App.na. ; 060713-9
Page 11 of 24
erp _staftreport. rdf
Agenda Item t-Jo Be
r~overnber 14, 2006
Page 241 of 51 1
wetland enhancement and 0.1 acre of wetland restoration/creation. In addition. the current modification
Includes a proposal to conduct mechanical clearing of exotic plant specIes and site grading to wetland
elevations along with plantlng of native vegetation withln 104.24 acres of the onslte mitigation areas.
These areas wlll be graded to varying depths to allow the concentration of prey for wading birds during
various times of the year in conjunction with seasonal fluctuations in water levels.
The offsite mitigation plan included the purchase of 154 acres of wetlands within the CREW program. This
mitigation has already been completed. In addition. tile U.S. Army Corps of Engineers Issued a permit on
June 2, 2006 that required the purchase of 107 acres of wetlands and uplands in Hendry County to offset
the potential impacts associated with the direct loss of wHdUfe habitat for the panther and woodstork.
While this additional requirement is not a condition of this permit modification, this permit does not relieve
the applicant from complying with all applicable rules and any other agencies' requirements and ensuring
that listed wildlife species are not adversely impacted as result of this project. A copy of the U.S. Army
Corps of Engineers permit and the associated biological opInion from the U.S. Fish and Wildlife Service is
located in the permit file.
As part of the April 2002 Permit review, a red cockaded woodpecker survey was conducted by staff from
Florida Fish and Wildlife Conservation Commission (FWC). No additional RCW surveys were requested
by FWC at that time. In addition, a Big Cypress Fox Squirrel Habitat Management Plan was submitted al
the time of the review of the April 2002 Permit. No written comments from FWC have been submitted to
the District concerning the project except In relation to lhe previously proposed flow.way preserves. The
FWC had previously requested that a wHdHfe management plan be coordinated for all of the flow-way
preserves associaled with Mirasol, Olde Cypress Golf Club and Wildewood Lakes (now known HS
Saturnia Falls). Since the flow.way is no longer proposed, no additional wildlife management plan
submittals are required in the current modification.
Species
Big Cypress Fox Squirrel
Florida Panther
Red Cockaded Woodpecker
Wood Stork
Potential Oecurence
P referred Habitat
Known Range
Preferred Habitat
Preferred Habitat
Use Types
Preferred Habitat
LEGAL. ISSUES:
The surface water management system will be operated and maintained by the Saturnia Falls
Homeowners Association, Inc. However, the operable control structures WCS-1 and WCS.2 will be
operated by tho SFWMD/Big Cypress Basin (BCB). The drart Control Structure Agreement between the
South Florida Water Management Dlslrictl Big Cypress Basin and G.L. Homes of Naples Associates lI,
L TO and Salurnia Falls Homeowners Association, tne. is attached as Exhibits No. 5.00-5.06. Pursuant to
Special Condition Number 3, no work will commence on the project site until the Control Structure
Agreement is fully executed and approved by the Dlslrict Governing Board.
The appl1cant has submitted a fully execuled draft conservation easement (Exhibit 3.6) and performance
bond (Exhibit 3.8). The conservation easement area Is described In a legal description of the mitigation
area. The conservation easement also includes the area previously designated as the flow-way (Exhibit
3.6, pages 9 through 18). However, due to errors in surveying, the submitted legal descriptions do not
currently include the required buffer areBS for tile preserved wetlands. Pursuant to Special Condition
Number Number 36, prior to recording the easement and prior to the commencement of any construction
on the project site, the applicant will submit revised conservation easement legal descriptions and sketches
of legal descriptions. that include the entire 284.41 acrss of mitigation area (Exhibit 3.6, page 41 of 41).
App.no. : 060713-9
Page 12 of 24
item r'~J. se
14, 2005
Page 242 of 511
erp_staftreport.rdf
CERTIFICATION AND MAINTENANCE OF THE WATER MANAGEMENT SYSTEM:
It ;s suggested that the permIttee retain the seNices of a Professional Engineer registered in the State of
Florida for periodic observation of construction of the surface water management (SWM) system. This will
facilitate the completlon of construction complet;on certification Form #0881 which is required pursuant to
Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South F~orida
Water Management District, and Rule 40E-4.361 (2), Florida Administrative Code (F.A.C.).
Pursuanl to Chapter 40E-4 F.A.C., this permit mey not be converted from the constructlon phase to the
operatlon phase until certlficatlon of the SWM system is submitted to and accepted by this District. Rule
40E-4.321(7) F.A.C. states that failure to complete constructlon of the SWM system and obtaIn operation
phase approval from the District within the permit duration shall require a new pennlt authorization unless a
permit extension is granted.
For SWM systems permitted with an operating entity who is different from the permittee, it should be noted
that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107. F.A.C., the permittee
is liable for compliance wilh the terms of this permit.
The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the
system Is periodically maintaIned. A significant reductlon In flow capacity can usually be attributed to partial
blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may
result. Maintenance of the SWM system is required to protect the public health, safety and the natural
resources of the state. Therefore, the permittee must have periodic Inspections of the SWM system
performed to ensure performance for flood protecl1on and water quality purposes. If deficiencIes are found,
it is the responsibility of the permittee to correct these deficiencies in a timely manner.
App,no. : 060713.9
Page 130124
erp _staftreport.rdf
Agenda Item ~~o, 8e
November 14, 2006
Page 243 of 511
RELATED CONCERNS:
CERP:
The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project
component.
Water Use Permlt Status:
Water Use permit No. 11.02053-W I initially authorized on April 11, 2002 for the WUdewood Lakes project
In accordance wnh Application No. 001216.25 and modified by leHer on March 24, 2004 for the Teraflna
project in accordance with Application No. 030820-4, expired on February 28, 2005.
The applicant proposes to wIthdraw Irrigation water from two weUs from the Lower Tamiaml Aquifer under
Water Use Permit No. 11-02053-W. Water Use Permit Applicallon No. 060810-5 has been submitted and
is being processed concurrently with this project.
The applicant has indIcated that dewatering is required for constructton of this project and will be
conducted under the existing Water Use Permit No. 11-02052-W, with an expiration date of May 9,2007.
A special condition has been added to insure that no dewatering activities may occur past that date
wllhout additional dewatering authorization (see Special Condition 19 and Mitigation Work Schedule).
This permit does not release the permittee from obtaIning all necessary Water Use authorization(s) prior
to the commencement of activities which will require such authorization. including construction dewaterIng
and irrigation, unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to
Chapter 40E-20.302(3) or is exempt pursuant to SecHon 40E-2.051, FAC.
Potable Water Supplier:
Collier County Utilitles
Waste Water System/Supplier:
Collier County Utilitles
Right-Of-Way Permit Status:
Right-of-way Permit Application No. 06-0809-1 has been submitted to the Big Cypress Basin Service
Center and reviewed concurrently wIth this application for construction actIvities within the District's right-
of-way and discharging into Cocohatchee Canal. No work shall occur within the District's right-ot-way until
the rIght-of-way occupancy permit is obtained authorizing the proposed work in the District's right-af-way
(see Special Condition 16).
DRl Status:
This project Is not a DR!.
H\storicalfArcheological Resources:
The District received correspondence from the Florida Department of State, Division of Historic:al
Resources during the processing of the previous permit appHcations for this site indicating that the agency
has no objections to the issuance of the permit.
OCAlCZM Consistency R&vlew:
The District has not received a finding of inconsistency from the Florida Department of Environmental
Protection or other commenting agencies regarding the provisions of the federal Coastal Zone
Management Plan.
App.no. : 060713-9
Page 14 of 24
14 2006
Page 244 of 511
erp_stafUeport.rdf
Third Party Interest:
Several individuals representing environmental organizations have expressed concern over wetland
impacts and water quality associated with permitted projects In this vicinity. A Professional Engineer
representing a private third party requested to receive caples of correspondence and the staff report.
These above-listed individuals are included in the distribution list for this staff report.
Pollutant Loading calculations submitted wllh the application and reviewed by staff appear to be consistent
wilh the information in the Seplember 2003 Evaluation of Alternative Stormwater Regulations for
Southwes1 Florida report which demonslrate the surface water management system reduces the post-
development loadings of storm water nutrients to levels equal to or less than the loadings generated under
pre-developmenl conditions.
Enforcement:
There has been no enforcement activity associated with this application.
App.no, : 060713-9
Page 15 of 24
3TP_stafUeport.rdf
Aaenda Item No, se
IJovember 14, 2006
Page 245 of 511
STAFF RECOMMENDATION:
The Staff recommends that the tollowing be issued:
ModificatIon of Environmental Resource Permit No. 11-02055-P to authorize Construcllon and
Operatlon at a surface water management system serving a 639.28-acre residential development, part
of the 646.49-acre project known as Saturnia Falls (FKA Teraflna PUD) and Conceptual Authorization of
a surface water management system serving the remaining 7.21-acre recreational area, with discharge
to the Cocohatchee Canal via onsile and offaite wetlands and a 46" drainage outfall p~pe.
Based on the information provided, District rules have been adhered to.
Staff recommendation is for approval subject to the attached
General and Special Conditions.
.-
ORi\fl . I
Subiect to GO\lermng
Bcerd ApPJova\
STAFF REVIEW:
NATURAL RESOURCE MANAGEMENT OIVISION APPROVAL
EN~R~V6?~
Edward Cronyn ~
SUP~
.~
Edward Cronyn
6?--
DIVISION D1RECTOR :
:J // .
-4"f /L ~~' - ;(:5 Ii LV....;
Anita R. Bain
DATE:
/()/J;t' J:~tl'
SURFACE WATER MANAGEMENT DIVISION APPROVAL
l4Z:ER'l1~
Pakorn Sutllarnnontr, P.E.
DATE: I J/-Z.7 ;G ,
App.no,: 060713.9
Page 16 of 24
"'..:)en:ja Item No, Be
t'Jovernber 14, 2006
Page 246Jf 511
erp _stafCreport .rdf
GENERAL CONDITIONS
1. All activities authorized by thIs permit shall be lmplemented as set forth in the plans, specifications and
performance criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter
373. F .S.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modIfications
shall be I<ept at the work site of the permitted activity. The complete permit shall be available for
review at the work slle upon request by District staff. The permittee shall require the contractor to
review the complete permit prior to commencement of the aclivlty authorized by this permil.
3. Activities approved by this permit shall be conducted in a manner which does not cause violations of
State water quality standards. The permittee shall implement best management practices for erosion
and pollution control to prevent violation of State water quality standards. Temporary erosion control
shall be implemented prior to and durlng construction, and permanent control measures shall be
completed wllhin 7 days of any construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring suspended solids into the receiving
waterbody exists due to the permltted work. Turbidity barriers shall remain in place at all locations
until construction is completed and soils are stabilized and vegetation has been established. All
practices shall be in accordance with the guIdelines and specifications described in Chapter 6 of the
Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 19B8), incorporated by reference in Rule 40E-4.091, FAC. unless a
project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the
permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion
or shoaling that causes adverse impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date within 30 days of the
date that this permit ;s Issued. At ~east 48 hours prior to commencement of actlvlty authorized by this
permit, the permittee shall submit to the District an Environmental Resource Permit ConstructIon
Commencement Notice Form Number 0960 Indicating the actual start date and the expected
construction completIon date.
5. When the duration of construction will exceed one year, the permittee shall submit construction slatus
reports to the District on an annual basis utilizing an annual status report form. Status report forms
shall be submitted the foHowing June of each year.
6. Within 30 days after completion of constructIon of the permitted activIty, the permitee shall submit a
written statement of compietion and certification by a professional enginesr or other individual
authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit
Construction Completion/Certification Form Number 0881A, or EnvIronmental Resource/Surface
Water Management Permil Construction Completion Certification - For Projects Permitted prior to
October 3, 1995 Form No. 0881B. incorporated by reference in Rule 40E-1.659, F.A.C. The
statement of completion and certification shall be based on onsite obseT\lation of construction or
review of as-built drawings for the purpose of determining if the worK was completed In compliance
with permitted plans and specifications. This submittal shall serve to notify the District that the system
is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the
certification process, the certification must be accompanied by a copy of the approved permi!
drawings with deviations noted. Both the original and revised specifications must be clearly shown.
The plans must be clearly labeled as "as-built" or "record" drawings. All surveyed dimensions and
elevations shall be certified by a registered surveyor.
7. The operation phase of this permit shall not become effective: unlil the permittee has complied with
the requirements of condition (6) above, and submitted a request for conversion of Environmental
Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District
determines the system to be In compliance with the permitted plans and specifications; and the entity
App.no. : 060713.(}
Page 170124
Agenda Item r\Jo, se
November 14, 2006
Page 247 of 511
erp_staff_reportrdf
GENERAL CONDITIONS
approved by the District In accordance with Sections 9.0 and 10.0 of the Basis of Review for
Environmental Resource PermIt Applications within the South Florida Water Management District,
accepts responsibility for operation and maintenance of the system. The permIt shall not be
transferred to such approved operation and maintenance entity until the operation phase of the permit
becomes effectlve. FOllowing inspection and approval of the permitted system by the District, the
permittee shall Initiate transfer of the permit to the approved responsible operating entity If different
from the permlUee. Until the permit Is transferred pursuant to Section 40E-1.6107, F.A.C., the
permittee shall be liable for compliance with the terms of the permit.
B. Each phase or Independent portion of the permitted system must be completed in accordance with the
permitted plans and permit conditions prior to the initiation of the permitted use of site Infrastructure
located within the area served by that portion or phase of the system. Each phase or independent
portion of the system must be completed in accordance with the permitted plans and permit conditions
prior to transfer of responsibility for operation and maintenance of the phase or portion of the system
to a local government or other responsible entity.
9. For those systems that wlU be operated or malntained by an entity that wUI requLre an easement or
deed restriction In order to enable that entity to operate or maintain the system in conformance with
this permit, such easement or deed restriction must be recorded in Ihe public records and submitted
to the District along with any other nnal operation and maintenance documents required by Sections
9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South
Florida Waler Management District, prior to lot or units sales or prior to the completion of the system,
whichever comes first. Other documents concernIng the establishment and authority of the operating
entity must be filed with the Secretary of State, county or municipal enlHles. Final operation and
maintenance documents must be receIved by the Distr)c! when maintenance and operation of the
system is accepted by the local government entity. Failure to submit the appropriate final documents
will result In the permlttee remaining lIable for carrying out maintenance and operation of tile permitted
system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify
the District in writing of the changes prior to implementation so that a determlnalion can be made
whether a permit modification is required.
11. This perml! does not eliminate the necessity to obtain any required federal, state, local and special,
dIstrict authorizations prIor to the start of any acUIJlty approved by this permit. ThIs permit does not
convey to the perm~ttee or create in the permIttee any property right, or any interest in real property,
nor does it authorize any entrance upon or activities on property which Is not owned or controrfed by
the permittee, or convey any rights or privileges other than those specified in the permit and Chapter
40E-4 or Chapter 40E-40, FAC..
12. The permitt(~e is hereby advised that Section 253.77, F,S. states that a person may not commence
any excavation, construction, or other activity InvolvIng the use of sovereign or othar lands of the
State, the title to whIch is vested in the Board of Trustees of the Internal Improvement Trust Fund
without obtaining the required lease, license, easement, or other form of consent authorizing the
proposed U8e, Therefore, the permittee is responsible for obtaining any necessary authorizations
from the Board of Trustees prior to commencing activity on sovereignly lands or other stale-owned
~ands.
13. The permjttl~e must obtain a Water Use permit prior to construction dewatering, unless the work
qual1fies for a general permit pursuant to Subsection 40E.20.302(3), FAC" also known as the "No
Notice" Rule.
14. The permittee shall hold and save the District harmless from any and an damages, claims, or liabilities
which may arise by reason of the construction, alteration, operation, maintenance, rem ova!,
abandonment or use of any system authorized by the permit.
App,na. : 060713.9
PagEt 18 of 24
A;Jenda Item ~~o. Be
~'Jovember 14.200<3
2.q8of511
erp_stafUeport rdf
GENERAL CONDITIONS
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit
application, including plans or other supporting documentation, shall not be considered binding, unless
a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides
otherwise.
16. The permittee shall notify the District In writing withIn 30 days of any sale, conveyance, or othor
transfer of ownershIp or control of a permitted system or the real property on which the permItted
system is located. All transfers of ownership or transfers of a permit are subject to the requirements
of Rules 40E-1.6105 and 40E-1.6107, F.A.C.. The permittee transferring the permit shall remain
liable for corrective actions that may be required as a result of any violations prior to the sale,
conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have
permission to enter, inspect, sample and test the system to insure conformity wilh the plans and
specifications approved by the permi!.
18. If historical or archaeological artifacts are discovered at any time on the project site. the permittee
shall Immediately notify the appropriate District service cenler.
19. The permittee shall lmmediately notify the District in writing of any previously submitted information
that ls later discovered to be Inaccurate.
App,no. : 060713.9
Pa08 '9 of 24
Agenda Item ~~o, se
November 14, 2006
Page 249 of 511
erp_slafUeportrdf
SPECIAL CONDITIONS
1. The conceptual phase of this permit shall expire on November 9. 2008.
The construction phase of this permit shall expire on November 9, 2011.
2. Operation of the surface water management system shall be the responsibility of SATURNIA FALLS
HOMEOWNERS ASSOCIATION, INC. Within one year of permit issuance or concurrent wilh the
engIneering certification of construction completion, whichever comes first. the permittee shall submit
a copy of the recorded deed restrictions (or declaration of condominium. if applicable), a copy of the
filed articles of Incorporation. and a copy of the certificate of Incorporation for the association.
3. Operable structures WCS-1 and WCS~2 shall be maintained by the $aturnia Falls Homeowners
Association, Jne. In accordance with Exhibits 5.00.5.06 and operated by Big Cypress Basin (BCB)
Service Center in accordance with Exhibits 2.17 and 5.00 ~ 5.06.
No work shall occur on the project sIte until a Control Structure Agreement between SFWMD/Blg
Cypress Basin. G.L. Homes of Naples Associates II. Inc. and the Saturn is Falls Homeowner's
Assocation, Inc. regarding the operation and maintenance of the structures is fully executed and
approved by the District's Governlng Board.
4. DIsCharge Facilities:
Structure: WCS-1
1 - 9.00' WIDE BROAD CRESTED weir with crest at elav. 15.36' NGVD.
1 - 6.00' W X 0.35' H RECTANGULAR NOTCH wlth Invert at elav. 13.40' NGVD.
6,500 LF of 48" dia. REINFORCED CONCRETE PIPE culvert.
1 - 10.33' W X 12.00' L drop inlet with crest at elev. 18.00' NGVD.
Receiving body: COCOHATCHEE CANAL (LOGAN BLVD OUTFALL)
Control elev : 13.40 feet NGVD.
Structure: WCS-2
1 - 1.39' W X 1.20' H 60 degree V-NOTCH weIr with crest at elev. 14.20' NGVD.
1 ~ 20' WIDE BROAD CRESTED weir with crest at elev. 15.40' NGVD.
1 - 6.00' W X 0.35' H RECTANGULAR NOTCH with invert at elav. 13.40' NGVD.
Receiving body: ONSITE AND OFFSlTE WETLANDS
Control elev: 13.40 feet NGVD.
5. The permittee shall be responsible for the correction of any erosion, shoaling or water quality
problems that result from the construction or operation of the surface water management system.
6. Measures shall be taken during construction to Insure that sedimentation and/or turbidity violations do
not occur in the receivIng water.
7. The District reserves the right to require that additional water quality treatment methods be
incorporated into the drainage system if such measures are shown to be necessary.
8. lake side slopes shall be no steeper than 4:1 (horlzontal:vertlcal) to a depth of two feet below the
control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control
elevatlon to Insure vegetative growth, unless shown on the plans.
9. Facilities other than those stated herein shaH not be constructed without an approved modification of
this permit.
10. A stable, permanent and accessible elevation reference shall be established on or wilhin one hundred
(100) feel of alf permitted discharge structures no later than the submission of the certification report.
App.no. : 1)60713-9
Page 20 of 24
!tern No. 8C=:
14, 2D06
Pa~e 250 of 511
erp_stafUeport.rdf
SPECIAL CONDITIONS
The location of the elevation reference must be noted on or with the certification report.
11. The permittee shall provide routine maintenance of alf of the components of the surface water
management system in order to remove aU trapped sediments/debris. All materials shall be properly
disposed of as required by law. Failure to properly maintain the system may result In adverse flooding
conditions.
12. This permit is Issued based on the applicant's submitted information which reasonably demonstrates
that adverse water resource related impacts will not be caused by the completed permit activity.
Should any adverse impacts caused by the completed surface water management system occur, the
District will require the permlltee to provide appropriate mitigation to the District or other Impacted
party. The District will require the permittee to modify the surface water management system, if
necessary, to eliminate the cause of the adverse impacts.
13. Minimum building floor elevation: 16.60 feet NGVD.
14. Minimum road crown elevation: 15.70 feet NGYD.
15. Minimum parkIng lot elevation: 15.70 feet NGVD.
16. No work shall occur within the Cocohatchea Canal right-of-way until all necessary right-of-way
occupancy permits are obtained authorizing the proposed work in the District's right-af-way.
17. Prior to any future construction of the area with conceptual authorization only, the permittee shall apply
for and receive a permit modification. As part of the permit application, the appllcant for that phase
shall provide documentation verifying that the proposed construction is consistent with the design of
the master surface water management system, including the land use and site grading assumptions.
18. A Water Use Permit for dewatering activities must be obtained for dewatering beyond May 9, 2007.
19. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit
No. 2.21) and on the applicable approved construction drawings for the duration of the projects
construction activities.
20. The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program
(Exhibit "E" of the Saturnia Falls Homeowners AssocIation documents) for post construction activities.
Exhibit "E" of the Saturnia Falls Homeowners Association documents, Urban Stormwater
Management Program have been included In this permit by reference as Exhibits No. 4.0-4,6,
21. Grading and structural buffers adjacent to the preserve areas, as shown on Exhibit 2. shall be
maintained in perpetuity.
22. The successful completion of the mitigation plan Is heavily dependent on proper site grading as shown
on Exhibits 2 and 3.2. Therefore, prior to demobilizlng equipment from the site and prior to planting.
the permittee shall provide an as-built survey and schedule an inspection by District Environmental
Resource Compliance staff to ensure that appropriate elevations and slopes have been achIeved.
23. The wetland conservation areas, upland buffer zones, and upland preservation areas shown on
Exhibits 2 and 3 may in no way be altered from their natural or permItted state, Activities prohibited
within the conservation areas inciude, but are not limited to: construction or placing of buildings on or
above the ground; dumping or placing soil or other substances such as trash; removal or destruction
of trees, shrubs, or other vegetation . with the exception of exotic vegetation removal; excavation,
dredging, or removal of soil materials; diking or fencing; and any other activities detrimental to
drainage. flood control, water conservation. erosion control, or fish and wildlife hablla\ conservation or
preservation.
24. Wetland preservation/mitigation areas. upland buffer zones and/or upland preservation areas shall be
dedicated as conservation and common areas In the homeowner association documents as well as
App.no. : 0607'13-9
Page 21 of 24
Agenda Item No. 8e
~~overnber 14, 2006
Page 251 of 511
erp_stafUeport.rdf
SPECIAL CONDITIONS
on the plat if the project will be platted. Restrictions for use of the conservatlon/ common areas shall
stipulate:
The wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas am
hereby dedicated as conservatIon and common areas. The conservation/common areas shall be the
perpetual responsIbility of the homeowners association and may tn no way be altered from their
natural or permItted state as documented In Permit No. 11-02055-P from the South Florida Water
Management District, with the exception of permlUed restoration activities. Activities prohibited within
the conservation areas Include, but are not limited to: construction or placing soil or other substances
such as trash; removal or destruction of trees, shrubs, or other vegetation - with the exception of
exotic/nuisance vegetation removal; excavation. dredging, or removal of soil material; diking or
fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion
control, or fish and wildlife habitat conservation or preservation.
Copies of recorded documents sl1all be submitted to the District's Environmental Resource
Compliance staff concurrently with engineering certlflcallon of construction complellon.
,25. Prior to any construction, the permittee shall submil the executed agreement, Exhibit 5.00 - 5.06, that
provides for operation of WCS 1 and 2 by the 8ig Cypress Basin.
26. Endangered species, threatened species and/or species of speciat concern have been observed
onsite and/or the project contains suitable habitat for these spectes. It shall be the permittee's
responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission andlor the
U.S. Fish and Wildllfe Service for appropriate guidance, recommendations and/or necessary permits
to avoid impacts to listed species.
27. Prior to the commencement of construction and in conformance with the work schedule in Exhibit 3.5,
the permIttee shall provide an original performance bond in the amount of $2,288,840.95 to ensure
the permittee's financial ability and commitment to complete the proposed mitigation, monitorIng and
maintenance plan as shown on Exhlbit Nos. 3.1 through 3.4. The performance bond shall utilize the
form attached as Exhibit No. 3.8, When a performance bond is established, the permittee shall also
establish a standby trust fund for deposit of aU payments under bond. The bond shall remain in effect
for the entire period of the mitigation and monitoring program. Notification of the District by the
financial institution that the bond will not be renewed or is no longer in effect shall constitute nOIi-
compliance wIth the permIt.
28. A monitoring program shall be Implemented In accordance wIth Exhibit No. 3,3 and 3.4. The
monitoring program shall exlend for a period of 5 years with annual reports submitted to District staff.
At the end of the first monItoring period the mitigation area shall contain an 80% survival of planted
vegetation. The 80% survival rate shall be maintained throughout the remainder of the monitoring
program, with replanting as necessary. If native wetland, transitional, and upland species do not
achieve an 80% coverage within the fnitlal two years of the monitoring program, native species shall
be planted In accordance with the maintenance program. At the end of the 5 year monitoring program
the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of
deSirable obligate and facultative wetland species.
29. The areas to be temporarily disturbed by the installation of control structures in wetlands will be
backfilled and replanted in accordance with Exhibit No. 2 and 3 within 30 days of installation.
Monitoring of temporary Impact areas shall be done concurrently with other required monitoring for
Satumia Falls, in accordance with Exhibits 3.3 through 3,5.
30. A mlllgation program for Saturnla Falls shall be implemented in accordance with ExhIbit No. 3.1
through 3.4. The permittee shall enhance and preserve 253.04 acres of wetlands, create 0.1 acre of
wetlands. and preserve 31.27 acres of uplands.
31. A maIntenance program shall be implemented In accordance with Exhibit No. 3.4 for the mitlgation
areas/preserves on a regular basis to ensure the integrity and viability of those areas as permitted.
App.no. : 060713-9
Page 22 of 24
l\aenda rtenl r-"~o. 8e:
Novenlber 14.2006
2~;2 of 511
erp _stafUeport.rdf
SPECIAL CONDITIONS
Maintenance shall be conducted in perpetuity to ensure that the conservation areas are maintained
free from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant Council at the time
of permit Issuance) lmmediately following a maintenance activity. Maintenance in perpetuity shall
also insure that conservation areas, Including buffers, maintain the species and coverage of native,
desirable vegetatlon specified in the permit. Coverage of exotic and nuisance plant species shall not
exceed 5% of total cover between maintenance activllles. In addition, the permittee shall manage the
conservation areas such thai exotic/nuisance plant species do not dominate anyone section of those
areas.
32. The District reserves the right to require remedial measures to be taken by the permittee If monitoring
or other informallon demonstrates that adverse impacts to onslte or offslte wetlands, upland
conservation areas or buffers, Of other surface waters have occurred due to project related activities.
33. SLit screens, hay bales, turbidIty screensfbarriers or other such sediment C<lntrol measures shall be
utilized during construction. The selected sediment control measure shall be installed landward of the
upland buffer zones around aU protected wetlands and shall be properly "trenched" etc, in accordance
with ExhibIt NO.2. All areas shaH be stabilized and vegetated Immediately after construction to prevent
erosion into the wetlands and upland buffer zones.
34. Activities associated with the Implementation of the mitigation, monitoring and maintenance plan(s)
shall be completed in accordance with the work. schedule attached as Exhibit No. 3.5. Any devlal/on
from these time frames will require prior approval from the District's Environmental Resource
Compliance staff. Such requests must be made in writing and shall include (1) reason for the change,
(2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project
development or mitigation effort.
35. A) Prior to the commencement of construction and prior to recording the conservsUan easement and
in accordance with the work schedule shown as Exhibit 3,5. the permittee shall submIt for revlew and
approval, two (2) copies of the following:
1. Project map identifying conservation area(s)
2. Legal description of conservatlon area(s)lncluding wetlands, uplands and buffers
3. Sealed boundary survey of conservation area{s) by professional Land surveyor
4. Title insurance commItment for conservation easement naming District as beneficiary using
approved valuation.
5. Formatting in accordance with paragraph F (below) if available.
The above information shall be submitted to the Environmental Compl1ance Enforcement staff in the
District service center where the application was submitted.
B) The real estate information referenced in paragraph {a) above shalt be reviewed by the District In
accordance with the District's real estate review requirements. The easement shall not be recorded
until such approval is received.
C) The permittee shall record a conservation easement over the 284.41 acres of real property
designated as a conservation/preservation/ mitigation areas on attached the Exhibit 3.6. The
easement shalt be granted free of encumbrances or interests which the District determines are
contrary to the Intent of the easement. The conservation easement shall be granted to the District
utilizing the form attached as Exhibit 3.6. Any proposed modifications to the approved form must
receive prior written consent from the district.
D) The permittee shan record the conservalion easement in the public records withtn 14 days of
receiving the District's approval af the real estate information. Upon recordation, the permittee shall
submit two certified copies of the recorded conservallon easement for the mitigation area and
associaled buffers and tiUe Insurance policy, to the Env~ronmental Resource Compliance staff in tM
App.no. : 060713-9
Page 23 of 24
Agenda Item No, se
November 14, 2006
Page 253 of 511
~rp_slattreport.rdf
SPECIAL CONDITIONS
District service center where the application was submltled.
E) In the event the conservaUon easement real estate information reveals encumbrances or interests
in the easement which the District determines are contrary to the intent of the easement, the permittee
shall be required to provide release or subordinatIon of such encumbrances or interests. If such are
not obtained, permittee shall be required to apply for a modification to the permit for alternative
acceptable mItigation.
F) The permittee shall submit two certified copies of the recorded conservation easement for the
mitigation area and associated buffers. The data should also be supplied in a digital CAD (.dxf) or GIS
(ESRI Coverage) format. The files should be in the Florida State Plane coordinate system, East Zone
(3601) with a data datum of NAD83, HARN with the map units in feet.
App.no. ; 060713-9
Paga 24 of 24
Lat 26017'40"
Long 8 f 4214511
See 16
Town 48
Range 26
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Aaenda Itern No, se
i--J'-'ove:YIber 14. 2Cl06
Pa;]e 254 of 511
APPUCA l'ION NUMBER
060713-9
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i JO\lembe:' 14, 2006
?age 274 of 511
Application No. 060713-9
SATURNIA FALLS (F.K.A. TERAFINA P.U.O.)
. DRAFT
ADDENDUM TO STAFF REPORT Subject to Governing
. Board Approva'
"_A~ ,. ...._.., .___...._...__....~___
The purpose of this addendum \s to replace Exhibit 2.17 in the Staff Report with .--
the attached exhibit.
Comer County, S16fT48SfR26E
SURFACE WATER MANAGEMENT DEPARTMENT. APPROVAL
DIVISION DIRECfOR
Date
Jt'/30/00
,
----
NATURAL RESOURCE MANAGEMENT DEPARTMENT APPROVAL
DIVISION DIRECTOR
dtPi~ ~L{,~"
Anita R. Baln
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,~genda Item No, se
November 14, 2006
Page 285 of 511
t,
TERAFINA
WETLAND MITIGATIQNIMONITORING/MAINTENANCE PLAN
SFWMD PERMIT NO. 11-02055-P
Revised August 23, 20.06
INTRODUCTION
The following outlines the wetland mitigation, monitoring, and maintenance plan for the 646.49::i:
acre Terafina project located in Section 16, Township 48 South, Range 26 East, Collier County.
The construction of Ule residential development will result in unavoidable impacts to South
Florida Water Management District (SFWMD) jurisdictional wetlands. In order to offset these
impacts, a tota.l of 284.41:1: acres of wetland preserves and upland preserves/buffers will be
established. This includes 146.32:1: acres of wetland enhancement through hand removal of
exotics, 104.24:1: acres of wetland enhancement through mechanical removal of exotics, 0.10:!:
acre of wetland created from uplands, 31.27:1: acres of upland preserve, and 2.48:!: acres of
wetland enhancement preserve (slough) buffer.
The wetland mitigation plan includes the establislunent of five interconnected preserves within
the western portion of the development. a habitat buffer along the north property line, a large
210:1: acre preserve (slough) on the eastern third of the property, and a created upland buffer
between the development and the preserve (slough).
The five interconnected preserves are located within the interior of the development plan and
include both wetland and upland habitats. The five preserves are interconnected by box culverts
under the proposed roads. These box culverts will provide wildlife crossings to facilitate wildlife
movement between the preserves. The five internal preserves are cOlmected to the 210:1: acre
preserve (slough) on the eastern third of the property.
As part of the. 21 Q:i: acre preserve (slough), 104.24:1: acres of wetlands will be enhanced through
the mechanical removal of exotics, grading to wetland elevations, and planting with native
vegetation. The grading plan for this area includes the establisrunent of four marshes for wading
bird foraging habitat. These marshes will be graded to varying depths to allow the concentration
of prey for wading birds at alternating times of the year as water levels seasonally rise and
recede.
The wetland mitigation activities will be done concurrently with the construction of the surface
water management system for lhe project. The mitigation areas will be placed under a
conservation easement to the SFW'MD.
APPLICATION NUMB~R
060,713"'9 -
Passarella and Associates, Inc. ,,'I ~ N H I
'03Gill85. Rov;,od 08123/06. .. ..,....... , -i j~ ..
ADD/REVISED SUBMITTAL I
l AUG n 2006 1
10f8
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MITIGATION PLAN
The mitigation plan includes 146.32:l: acres of wetland enhancement through hand removal of
exotics, 104.24:1: acres of wetland enhancement through the mechanical removal of exotics,
0.10:1: acre of wetland created from uplands, 31.27:t:. acres of upland preserve, and 2.48:1: acres of
wetland enhancement preserve (slough) buffer. The locations of these areas are shown on sheet
E-5 of the environmental plans.
The exotics to be eradicated include, but are not limited to, melaleuca, Brazilian pepper,
Australian pine, and downy rose-myrtle.
The hand removal of exotics from wetlands and uplands will include one or more of the
following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut
vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca
and Australian pine with diameter at breast height greater than four inches and apply approved
herbicide to cambium; (3) foliar application of approved herbicide to melaleuca saplings,
Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foliar application of approved
herbicide or hand pulling of exotic seedlings.
In areas where the density of melaleuca and Brazilian pepper trees exceeds 50 percent, cuttings
will either be band removed from the site or stacked in piles at approximately 100 foot intervals.
If left on the site, smaller melaleuca cuttings will be stacked butt end to the ground into a nearly
vertical position (i.e., teepee method). Larger melaleuca cuttings will be cut and stacked side by
side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the
previous layer up to a height of approximately six feet (i.e., log cabin method).
Supplemental wetland plantings will be conducted in the wetland preserve buffer in accordance
with the attached drawings and in the wetland enhancement areas with greater than 50 percent
coverage by exotic vegetation. Tree plantings will include a minimum of three of the five species
listed in Table I, shrub pJantings will include a minimum of two of the three species listed in
Table 1, and ground cover plantings will include a minimum of three of the four species listed in
Table 1. Planting densities for trees and shrubs will be 430 plants per acre, and planting
densities for ground cover will be 1,210 plants per acre.
Table 1.
Supplemental Planting List
~g~~~~:;~d AS~:~~~kIDAtIION NUMBER
060713- 9 -;c,
\
AUG 2 4 2006
Agenda Item No. 8e
November 14, 2006
Page 287 of 511
Table 1. (Continued)
Cord rass
Wire rass
Gulfdune
Pas alum
Saw rass
Paspalum tnonostachyum
Cladium 'amaicense
12 in.
12 in.
2 in.
2 in.
6 ft. oc.
6 ft. oc.
Mechanical removal of exotics (104.24:1: acres) will include mechanized land clearing in areas of
75 to 100 percent cover by melaleuca. Prior to mechanical removal, the limits of mechanical
removal of exotics will be flagged for review and approval by SFWMD staff. After exotic
vegetation has been removed, the cleared areas will be graded as shown on sheet E-6 of the
envirorunental plans. If available, a six inch layer of topsoil will be spread on the graded area to
achieve final grades. Due to the presence of exotic and nuisance species within the potential
donor sites (i.e., impact areas), it is not anticipated wetland topsoH will be available for use in the
. graded areas. An as-built survey of the graded site will be performed to ensure the desired
elevations have been obtained. After review and approval of the final grades by SFWMD
compliance staff, the area will be planted using the species listed in Table 2.
Table 2.
Planting List for Mechanically Cleared and Graded Areas
Zone 1
10 ft. a.c.
3 ft. a.c.
12 in 2 in. 3 ft. a.c
12 in. 2 in. 3 ft. a.c.
12 in. 2 in. 3 ft. a.c.
12 in. 2 in. 3 ft. a.c.
12 in. 2 in. 3 ft. a.c.
12 in. 2 in. 3 ft. a.c.
12 in. 2 in. 3 ft. a.c.
12 in. 2 in. 3 ft. a.c.
12 in. 2 in. 3 ft. a.c. ~
12 in. 2 in. 3 ft. a.c. Iitl!ll!lU:u
24 in. t al. 15 ft. a.c. -~
24 in. t gal. 15 ft. a.c. m
Zone 2
Zone 3
Zone 4
-
In the upland preserve areas where exotic vegetation coverage exceeds 50 percent, supplemental :c;;,:
upland plantings will be conducted. The plant species and planting specifications are provided in
Table~. Trees and shrubs will be planted at a density of 430 plants per acre and ground cover at ); _~.M.:i
a denSIty of 1,210 plants per acre. ADO/REVISED SUB'MITTA3Lo s- I. M..'."~,,'.i
Passarella. and Associates, Inc. ~. , .
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14. 2006
Page 288 of 511
Table 3.
Upland Preserve Plnnting List
Live Oak 5 ft. 3 al. 10 ft. a.c.
Slash Pine 5 ft. 3 al. lOft. O.C.
Coco Plum 3 ft. 1 gal. 10 ft. a.c.
M rsine 3 ft. 1 al. lOft. a.c.
Wax-M rtle 3 ft. 1 at. 10 ft. a.c.
Muhly Gruss ill aI'is 12 in. 4 in. . 6 ft. O.C.
Sand Cord rass 12 in. 4 in. 6 ft. O.C.
Saw Palmetto 12 in. 4 in. 6 ft. O.C.
Wire russ 12 in. 4 in. 6 ft. a.c.
The wetland preserve buffer consists of a slructural buffer and native planting to restrict access
from the development to the preserve on the eastern side of the project boundary. The buffer wil1
consist of coco plum planted at the top of the rip-rap slope and native wetland vegetation
planting at the base of the rip rap. Planting at the base of the rip rap will consist of 10-foot high
cabbage palm, slash pine, and red maple planted on 15-foot centers. An offset row of wax myrtle
will be planted on I O-foot centers immediately east of the tree row.
MITIGATION SUCCESS CRITEIUA
The following are the success criteria for the mitigation areas: 1) the conservation easement will
be recorded for the mitigation areas; 2) initial eradication of exotic and nuisance vegetation will
be completed; 3) wetland mitigation areas will contain at least 80 percent cover by desirable
obligate and facultative wetland plant species; 4) the wetland and upland mitigation areas shall
be free from exotic and nuisance vegetation immediately foIIowing a maintenance activity; and
5) the wetland and upland mitigation areas will consist of no more than five percent cover by
exotic and nuisance species. Exotic and nuisance vegetation species are identified as those
species listed by the Exotic Pest Plant Council at the time of permit issuance.
MONITORING
Monitoring Methodology
The proposed monitoring of the wetland and upland mitigation areas will consist of baseline,
time-zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels. The
baseline monitoring rcp011 will document conditions in the project site as they currently exist.
The time-zero monitoring report will document conditions immediately following wetland and
upland enhancement. The annual reports will document conditions following enhancement
activities and document the extent of success of the project. If needed, the annual reports will
identify specific actions to be taken to improve the conditions within the project area. . Sampling
APPLICATION NUMBER
I ADD/REVISED SUa-MITrAL:
AUG 2 ~ 2006
40f8
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Agenda Item No. 8e
November 14, 2006
Page 289 of 511
tratlsects and methodology for the baseline, time-zero, and annual reports will utilize identical
methods of data collection.
Vegetation Monitoring
Wetland vegetation will be monitored prior to and following enhancement and restoration
activities. Sampling in wetland areas will involve canopy, sub-canopy, and ground Cover stratum
along monitoring transects established within the enhancement areas. The location of the
monitoring transects are shown on sheet E-? of the environmental plans.
Canopy and sub-canopy vegetation species will be monitored within 20 x 50 foot plots
established along the monitoring transects. Species richness and visual estimate of percent cover
will be calculated for canopy and sub-canopy stratum.
To facilitate an intensive, accurate, and repeatable sampling program, the point frame method
(Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at
approximately 25 foot intervals along each monitoring transect. Each point frame consists of 1 In
square wire grid with 25 cross points. Any plant species directly below a cross point will be
recorded, including bare ground. Each cross point represents four percent of the square meter.
Water depths will also be recorded at each sampling station. For each sampling station,
identified species will be listed and percent cover computed and discussed.
Wildlife Monitoring
Regular observations of wildlife will be made during the monitoring event by qualified
ecologists. Observations will consist of recording evidence and signs of wildlife (i.e., direct
sightings, vocalizations, burrows, nests, tracks, droppings, etc,).
Fish and Aquatic Macroinvcl'tebratc Monitoring
Qualitative sampling of fish and aquatic macroillvertebrates along wetland transects will be
conducted using a standard D-frame aquatic dip net, mesh size. 1.0 mm. Sampling will be
conducted along vegetation monitoring transects with a minimum of 2 cm. standing water. The
collector will work the net vigorously within the vegetation, open water, and surficial bottom
sediments. Net contents will be placed in a white pan and sorted with forceps. Hard substrate, if
any, will also be examined for the presence of aquatic macroinvertebrates. Sanlpling will
continue until no new species are encountered for ten minutes. Sample size and collection times
will not exceed 200 organisms or one hour, respectively. Samples will be preserved in alcohol,
returned to the laboratory, and identified to the lowest taxonomic level possible, usually species.
When possible, fish will be identified in the field and released.
Photographic Documentation
Permanent fixed-point photograph stations will be established in the monitored areas providing
physical documentation of the condition and appearance of an area, as well as any changes
taking place within it. Monitoring photographs will accompany vegetation data in each report.
Passarella and Associates, Inc.
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Aaenda Item r,o. se
rJovember 14, 2006
Page 290 of 511
Locations of photo stations will remain the same throughout the duration of the monitoring
program.
Rainfall and Staff Gauge
Staff gauges/monitoring wells will be installed within the enhanced wetland areas. The
gauges/wells will be read once a month during the dry season (November through May) and
twice. a month during the wet season (June through October). Staff gauge data will be
summarized in the annual monitoring reports along with available rainfall data for the area.
MONITOIUNG REPORTS
The permittee will submit annual monitoring reports to SFWMD documenting the success of the
mitigation program and general condition of the preservation areas. Within 60 days of permit
issuance, the baseline wetland monitoring for the mitigation areas will be submitted to SFWMD.
The time-zero monitoring repolt will be submitted within 60 days of completion of enhancement
activities. Annual monitoring reports will include the following information:
. Brief description of mitigation and maintenance work performed since the previous report
along with a discussion of any modifications to the mitigation or maintenance program.
. Brief description of anticipated mitigation and maintenance work to be conducted over the
next year.
. Results of quantitative vegetation monitoring conducted in the enhanced wetlands and
upland buffers. A list of observed wildlife species.
. Monitoring photographs taken at photo stations within the enhanced wetlands and upland
buffers.
. Staff gaug(~ and available local rainfall data.
CONSERVATION EASEMENT
The wetland mitigation areas will be placed in a conservation easement to SFWMD. The
conservation easement will ensure that the mitigation areas will remain in a natural state in
perpetuity. These preserved mitigation areas will not be disturbed by dredging, filling, land
clearing, agricultural activities, or other constmction work whatsoever, except those activities
described in this mitigation plan.
Passarella nnd Associates, Inc.
H03GLHB56 Revised 08/23/06
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Aoenda Item ~~o, se
r.Jovember 14, 2006
Page 291 of 511
MAINTENANCE AND LONG-TERM MANAGEMENT
Following the completion of the initial exotic removal effortt semi-annual inspections of the
mitigation area will occur for the first two years. During these inspections, the mitigation area
will be traversed by a qualified ecologist. Locations of nuisance and/or exotic species will be
identified for immediate treatment with an appropriate herbicide. Any additional potential
problems will also be noted and corrective actions taken. Once exotic/nuisance species levels
have been reduced to acceptable limits (i.e., less than five percent cover), inspections of the
mitigation areas will be conducted atmually.
Maintenance will be conducted in perpetuity to ensure that the enhanced wetlands and upland
buffers are free of exotic vegetation (as currently defined by the Exotic Plant Pest Council)
immediately following maintenance and that exotic and nuisance species will constitute no more
than five percent of total combined cover.
Passarella and Associates, Inc.
#03GLH856 Revised 08/23/06
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7 ofB
Agenda Item No. 8e
November 14. 2006
Page 292 of 511
REFERENCES
Bonham~ C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New
y ork~ New York.
Passarella and Associates, Inc.
#03GLH856 Revised 08/23/06
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j\oenda Item No. 8C
N'overnber 14, 2006
Page 293 of 511
TERAFINA
WETLAND MITIGATION ACTIVITY SCHEDULE
SFWMD PERMIT PERMIT NO. l1-Q2055-P
Revised August 23,2006
Activities associated with the implementation of the wetland mitigation, monitoring, and
maintenance shall be in accordance with the following work schedule.
September 22, 2004
May 31,2007
June 30, 2007
June 30, 2007
July 31,2007
September 3D, 2007
December 31, 2007
July 31, 2008
November 30, 2008
November 30, 2009
November 30, 2010
November 30, 2011
November 3D, 2012
Baseline Monitoring Report
Submit Signed Conservation Easement and Other Required Information
Removal of Exotic Vegetation
Grading of Mitigation Areas
Plant Mitigation Area
Time-Zero Wetland Monitoring Report
Exotic Maintenance
Exotic Maintenance
First Annual Wetland Monitoring Report
Second AlUmal Monitoring Report
Third Annual Monitoring Report
Fourth Annual Monitoring Report
Fifth Annual Monitoring Report
EXHIB:IT ~
!, ..5A
I of)
Passarella and Associates, Inc.
#03GLH856 Revised 08/23/06
South Florida Water Management District
Work Schedule Requirements
Application No : 060713-9
Agenda Item r~D, 8e
I'~overnber 14,2006
Page 294 of 511
Page 1 of 1
MItigation Plan 10: SATURNIA FALLS
SUBMIT CORRECTED LEGAL DESCRIPTIONS AND SKETCHES FOR 284.41 ACRE 31.DEC-2006
MITIGATION
PERMIT REQUIRED FOR CONTINUED DEWATERING ACTIVITIES
SUBMIT PERFORMANCE BOND IN THE AMOUNT OF $2,288,840.95
SUBMIT TITLE INSURANCE/OPINION/COMMITMENT FOR CONSERVATION EASEMENT
SUBMIT RECORDED CONSERVATION EASEMENT 284.41 ACRES
EXCAVATION AND GRADING MITIGATION AREA
EXOTIC VEGETATION REMOVAL
COMPLETE PLANTING MITIGATION AREA
SUBMIT TIME ZERO MONITORING REPORT
SUBMIT FIRST MONITORING REPORT
SUBMIT SECOND MONITORING REPORT
SUBMIT THIRD MONITORING REPORT
SUBMIT FOURTH MONITORING REPORT
SUBMIT FIFTH MONITORING REPORT
07-MAY-2007
31-MAY~2007
31-MAY-2007
31-MA Y -2007
30-JUN-2007
30-JUN.2007
31-JUL-2007
30-SEP-2007
30-NOV.2008
30-NOV-2009
30-NOV-2010
30-NOV-2011
30-NOV -2012
Exhibit No: 3.5 B
Agenda Item No, 8e
~,jovember 14, 2006
Page 285 of 511
Docwnent prepared by:
Return recorded document to:
South Florida Waler Management District
3301 Gun Club Road, MSC
West Palm aench, FL 33406
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this 5th day of October, 2006, by
G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership ("Grantor"), whose mailing
address is 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise. Florida 33323, to the South
Florida Water Management District C'Grantee"). As used herein, the term "Grantor" shall include
any and all heirs, successors or assigns of the Grantor and all subsequent owners of the
"Conservation Easement Area" (as hereinafter defmed), and the term "Grantee" shall include any
successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida,
and more specifically described in Exhibit "A" attached hereto and incorporated herein
C'Property"); and
WHEREAS, the Grantor desires to construct Saturnia Falls (flea Terafina) ("Project") at a
site in Collier County which is subject to the regulatory jurisdiction of South Florida Water
Management District ("District"); and
WHEREAS, District Pernlit No. 11-02055-P ("Permit") authorizes certain activities which
affect surface waters in or of the State of Florida; and
WHEREAS, the Permit requires that the Grantor preserve, enhance, restore and/or mitigate
wetlands and/or uplands WIder the District1s jurisdiction; and
WHEREAS, the Grantor has developed and proposed as part of the Permit conditions a
conservation tract and maintenance buffer involving preservation of certain wetland and/or upland
systems on the Property; and
WHEREAS, the Grantor, in consideration of tile consent granted by the Permit, is agreeable
to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section
704.06, Florida Statutes, over that portion of the Property described on Exhibit "B" (such portion of
the Property described on Exhibit "B" is referred to herein as the "Conservation Easement Area").
FormNa.1191
Standard Passive Recreational
Rev. 03/2006
Posted: 712006
APPL\CATlON t'iu~BER
EXHIBI3I6 0,7 1 3 ~ 9 - iii
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LWC SERVICE CENTER
Item I'Jo 8e
14,2006
296of511
OR: 3122 PG: 2841
JOINDER
Uolnder ofotd. Cyp..... Muhr Property Owners Aslocl,tion to granUng of Dratnage, Ace... and
Maintenance EII.ment from Robert Vocl..no, .. Co- Trultee under Land TRI8t Aenemtnt de*,
May 24, 1"5, Old. CyP..... Developmtnl, Ltd., a Flood. 11m"" plrtMrahtp, and The Club It Old.
Cyp,.... Ltd., I Flortdl limited p.rtn,rshlp to 1M COLLIER Joint V.ntur.. I Florida general
partn'l'Ihlp]
Theundetslgned, Olde Cypress Master Property Owners Assodallon, Inc., a Florida not lor profit
corporaUon, hereby loins In this DralnaQt). Accon and Maintenance Easement for purpooes of
acknowledging and consenting to Ihe granting of the ealemon" provided for herein.
Wltnesse8:
r '
'J 01 .J,,7 -f ~. 2002 by _
of 0Ide
tXlfpOllltloo. 0Cl its behalf, ~
as ldenllficetlon.
, .a......
N ILbA. {} I U!J. Cr'.....T
PrInted Name or Notary Public
My CommIuion ExpIres: ~ - - I _. .~ t;' J V
G) ...o.\(IlJEAT
. . Iii <n,...ssou DO ICl1317
, : EXf'llES; ~ ,.m
. -'"""-,......~
"
N:\CIItN1\t\lMCOLUER O'~1ow w~ Ingr... EgrtlllIOO MIin.-.a E~doc
5
EXHIBIT ~., 1)/'11
Agenda Item No. Be
t~overnber 14,2006
Page 297 of 511
OR: 3122 PG: 2848
Exhibit -^
pageLOf~
_-.1
A PORTlON OF SECnON 16, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLUER COUNTY, FLORIDA, BEING MORE
P ARllCULARL Y DESCRIBED AS FOLLOWS:
COMMENCE A T 111E SOUTH QUARTER CORNER OF' SECTION
16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLUER
COUNTY, FLORIDA; ~ENCE RUN N.B9'S6'49"E. ALONG THE
SOUTH UNE OF 1M!:: SOUlriEAST QUARTER Of SAID SECllON
16, FOR A DISTANCE OF' 549.71 FEET, TO THE P01NT OF'
BEGIN~ING OF THE PARCEL OF LAND HEREIN DESCRIBED;
THENCE RUN. 00: 9' R A DISTANCE OF' 1,50t.02
FEET; THE .' tV FOR A DISTANCE OF
2,185.7 , 1HENCE RUN ~ 2':n-E_, FOR A
DISTA E 1~~;81 FEET; NC RUN N.89"SJ'06"E.,
FOR 01 T~GE,,-Ot\;1 . 5 J ^ POINT ON lHE
EAST LI R R OF SAID SECll0N
16: ., L N lHE EAST UNEOF
THE 0 S 10 Cll0N 16 FOR A
DIST T AST QUARlffi
CORN 6: CONllNUE
5.00'0 OF lHE SOUTHEAST
QUAR A DIST ANeE OF'
2,663.03 CORNER OF SAID
SEC1l0N 16. . (S~ 6' ~9"W., ALONG 11-tE SOUTI-t
UNE OF' SAID R A DISTANCE OF 2,094.65
FEET, TO THE POINT OF' BEGINNING; CONTAINING 210.~'
ACRES, t-40RE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA llONS
OR RESTRICllONS OF' RECORD. .
BEARINGS REFER TO lHE SOUTI-i UNE OF THE SOUTHEAST
QUARTER OF SECllON 16. TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNlY, FLORIDA, AS BEING N.B9'S6'49-E.
IEXHIBIT 3.6 ('-'hI
Exhibit --A-
Page ..6- Of .L
· ., · r.... a..,... T c-,....
',-) I\:~" t. /-'. I ...: LJ
N. 1/4 COR.
SEC. 16-48-26
S 89'53'06" W 2646.05' 50'1
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"'-LS- L1 \ 2094.65'
S 1/4 COR SCUlH um: Of' 'THC SOlJTHEAST ou...m
src. . 16-<10-26 9^SlS OF 8EAAlKl)
N 89'56'49- E 2644.36'
OLDE CYPRESS
UNli ONE
.A.Genoa item [.J;) , 8e
t.Jovember 14, 2006
Paoe 29B of 511
OR: 3122 PG: 2849
NDRTHLAST COR.
SEC. 16-49-26
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SOUTHEAST COR.
SEC. 16-48-26
EXHIBIT >.~ /\/\1/
,c"genda Item No. se
November 14, 2006
Page 299 of 511
. "
OR: 3122 PG: 2850
Exhibit .-B
Page LOfL
TRACTS A, B AND I OF OLOE CYPRESS, UNIT ONE,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT
BOOK 32, PAGES 1-11 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
EXHIBIT ~ 6 I~I
Aoenda l1em ~Jo, se
tJov8iTiber 14. 2006
Page 300 of 511
OR: 3122 PG: 2851
Exhibit _~
Page ..L Of ..a..
ALL OF secffON 15, TD\v'NSHIP 48 SOUTH. P,4NGC 26 CAS T.CD,- tl;:R CDu:vn.
rLORlJ)Ai
AND
ALL THA T PART OF SrCT/DrV 22. TOI,/N:;H}P 48 SOUTH, RANGC c6 [4:;;. COLU[R
COUNTY, FLORIDA, B[ING MORP. Pr4l?T/CUl.ARL Y D[SCRIBED AS rOL...:]:..':;,
TH[ NORTH[AST 114 OF" TH[ NDRTHV[ST JI", ANJJ THe [AST ;".'2 [JF THE: :\;[].~:f,''''[_::-
1/4 Dr THE: NORTHI.IE:S T 1/4.
THE: 1.'[;, 1/2 Dr THE SOUTHCAST 1/-4 or TH[ NORrHo,,'[sr 1/".
THE: EAST 1/2 OF' THE: NORTH'WCH 1/4 Dr ThE: SOUTHE:IlST 1/4.
,H[
TH[ \,I[ST 1/2 Dr
;..."4..
TH[ tAS i 1/2 or
]/4,
TH[ [AST lie OF
TH[ CAST 1/2 or
Th'[
TH[ NORTH 1/2 OF THE: w[sr 1/2 OF ,,'-i[ NORTHwEST JI4 OF THE: :;Ot..iT,"1[AST )/01,
THE: SOUTH\.!fSi 1/4 OF THE: NORTtll.'[Si 1/4 CF' TH[ SOUTHeAST
. .
~ " ...,.
THE: I.'CST 1/2 or SDUrHI,./[ST ;;4 iJr THE: SOUTHfAST 1/4,
TH[ weST 3/4 or TH[ [AS T 1/2 DF TH[" SouTH\.'CST 1/4 or T,.,[ ':C'_ ;M[.IST ;,'4,
.~'ID
All. THA T PARi' OF S[CTiON 10, TiJ'w'NSHIP 48 saUTH. RANG[ 26 [:AYT, CDl..d[R
COUNTY, FLOR!IJIl/
u:ss AND ~XCCPT THE FDlLOl/1NG FOUR (4,) PARC[LS:
J) TH[" SDUTH 1/2 OF THE NORTHCAST 1/4 OF THE: NORTHWE:ST 1/4
2) THI;': SOUTH 1/2 OF THE: saUTHE:~S T //4 OF THE: SOUTH[AS r 1/4
3> rHf:~ NORTHEAST 1/4 Dr THE SOl.lT"H[Asr 1/4 OF
T,t-l[ SDUrH[~ST
l/A
" ~
4) THf NORTHWEST 1/4 OF THE: SaUTHf:f'1Sr 1/4 or TH[ SaUrHE:Asr 1/4
AND
EXHIBIT
~,6 (7/'-I(
Aaenda Item No, se
i~ovember 14, 2006
Page 301 of 511
~ t .,
*t* OR: 3122 PG: 2852 *tt
Exhibit c.,
Page ..a... Of .
THf: WE S r HALF OF THE NOP.. iHVrs r QUAR Tr R Dr THr NO/? rl.;I.'E: s r m:AR ~ER OF SC Ci l eN c c,
rDI,.IN3HIP 4fJ SOUTH, RANGE: 26 CAST, COLLifiR COUNTY. FLOP!DAi AND
TN[ \.'[ST HALF OF J'N[ NDRTH[4ST CUM~'TE:R or THe saUTHI.t[ST ()UA,rtTt,~ ::;F S[C'TlD,V 2c, T;:;.../NS."ii?
48 SOUTH,RANGe 26 ~A:;r. CO...Uf:P. COUNTY, F'LQRJDAI AM)
TH[ I,'ES T H.4LF OF THE SOUT!-il.[)f {.U,ARr[.1? OF iHE: NDPThl,lCsr Q()M~r[R or SeCTiON 22.
ra",INSHIP 48 SOUTH, R~NG[ 26 [,4ji. CGLU[R COUIvTr. hCRIDA,' AND
TH[ [AST HALF OF TH[ [AST H41.F ar r
OUARTt:R OF rHC NDRTH'.lE:S r OUMP.TCR
COLL]fP. CaUNTi', rLf.7RIDAj r'lNIJ ()
AST HALF OF' THE: SDU;'H.,.CS r
..,8 SaUiH, "ANGE:. 26 CA.:> i,
THE Noei,l.jkEST CU4R TEA cr
FLD.'CIDAi AND
F THE NDR'rH.....[Si aN[ Qi..':'~ 7'::<::
THE: NORTH 1/2 OF THE: NORTH 1/2 OF SECT IDrj ll. TOWNSHIP 48 ~OUTH. RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
EXHIBIT
~.G r'llfl
item r~o, se
--T4 i006
Page 302 of 511
HM
HOLE MONTES
EI<<ifft7lS. rtJHQS. $IMIElOOS
lNOSCJIENmrEcm
g~ Erv;oIe Way' Napl... f~& ~ 110. pt.)r.e: 2J9,1~.2000' he 23UM,'1016
HM PROJECT 111995.067
9/16106
REF. DWG. #8-5934-1
EllIIBIT B
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH.
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N69"S7'OO'E, ALONG THE
SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET; THENCE RUN
NOO"09'19'W, FOR A DISTANCE OF 911.72 FEET; "THENCE RUN N74"03'12'E. FOR A
DISTANCE OF 275.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEReiN DeSCRIBEDj THENce RUN N19"49'55"W, FDA A DISTANCE OF 171.50 FEET;
THENCE RUN N12"23'43"E, FOR A DISTANCE OF 173.72 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAA CUAVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY
ALONG THE ARC OF SAID CURVEro THE LEFT, HAVING A RADIUS OF 50.00 FEET,
THROUGH A CENTRAL ANGLE OF 22"4S'13', SUBTENDED BY A OHORDOF 19.73 FEET AT
A BEARING OF N01"()l'07'E, FOR A DISTANCE OF 19.66 FEET TO THE END OF SAID
CURVE; THENCE RUN N10oZ1'Z9"W, FOR A DISTANce OF 102.10 FEET; THENCE RUN
N69"Sl'59'E, FOR A DISTANCE OF 89.33 FEET TO THE BEGINNING OF A TANGENTIAL
CIRCULAR CURVE. CONCAVE NORTHWESTERLY; THENOE RUN NORTHEASTERLY
ALONG THE ARC OF SAID CURVE TO THE LEFT. HAVING A RADIUS OF 60.00 FEET,
THROUGH A CENTRAL ANGLE OF 84"25'40', 8UBTENDED BY A CHORD OF 67.19 FEET AT
A BEARING OF N47"39'og'E, FOR A DISTANCE OF 73.BB FEET TO THE END OF SAID
CURVE; THENCE RUN NOS"Z6'Hl'E, FOR A DISTANCE OF 360.22 FEET TO THE BEGINNING
OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE AUN
NORTHWESTERL Y ALONG THE AFlC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 90.00 FEET. THROUGH A CENTRAL ANGLE OF 86"Z4'OO', SUBTENDED BY A CHORD
OF 123.22 FEET AT A BEARING OF N37"45'44"W, FOR A DISTANCE OF 135.72 FEET TO A
PO[NT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN
NORTHWESTEAL Y, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 122.04 FEET, THROUGH A CENTRAL ANGLE OF 59"10'24", SU8TENDED BY A CHORD
OF 120.79 FEET AT A BEARING OFN51"18'05"W, FOR A DISTANCE OF 126.36 FEET TO A
POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY,
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RAOlUS OF 168.00 FEET.
THROUGH A CENTRAL ANGLE OF 67'11'34", SUBTENDED BY A CHORD OF 174,86 FEET
AT A BEARING OF N11"57'Z4'E, FOR A DISTANCE OF 185,29 FEET TO THE ENDOF SAID
CURVE; THENCE RUN N4S"33'11"E, FOR A DI8TANCE OF 6.13 FEET; THENCE RUN
N59"34'40'E, FOR A DISTANCE OF 8.01 FEET TO THE BEGINNING OF AT ANGENTlAL
CIRCULAR CURVE, CONCAVE SOUTHERLY; THENCE RUN EASTERLY ALONG THE ARC
OF SAID CURVE TO THe 'RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A
CENTAALANGLE OF 57'41'29'. SUBTENDED BY ACHORD OF 144.74 FEET AT A BEARING
OF Nea'2S'25'E, FOR A DISTANCE OF 151.04 FEET TO THE END OF SAID CURVE; THENCE
RUN 862'43'51 'E. FOR A DISTANCE OF 4,28 FEET; THENCE RUN 85B"35'51"E, FOR A
DISTANCE OF 12.88 FEET; THENCE RUN 864"42'04'E, FOA A DISTANCE OF 100.52 FEET;
THENCE RUN 865"'4'49'E, FOR A DISTANCE OF 141.41 FEET; THENCE RUN N64"02'06'E.
FOA A DISTANCE OF 236.30 FEET; THENCE RUN S66'OB'4S"E, FOR A DISTANCE OF 161.27
H.'J"'" "lQll\"rN:a.ooc
NapI<l"FcrtMym.Vonllo
EXHIBIT
>.6 lif/y/
HM PROJECT 1#1995.087
9/15/06
REF. DWG; IIB.5934.1
FEET: THENCE RUN 863'49'50'E, FOR A DISTANCE OF 144.39 FEET: THENCE RUN
854'58'04'E, FOR A DISTANCE. OF 52.31 FEET; THENCE RUN 842'22'45'E, FOR A
DISTANOE Or 125.16 FEET TO THE BEGINNING OF A TANGENTIAL CIACULAR CURVE,
CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 100,00 FEET, THAOUGH A CENTRAL ANGLE OF
81 '2~'58', SUBTENDED BY ACHORD OF 130.42 FEET AT A BEARING OF 583'04'44'E. FOA
A DISTANCE OF 142.01 FECi' TO THE END OF SAIO CURVE: THENCE RUN N56'13'17'E,
FOR A DISTANCE OF 278.93 F~eT; THENCI: RUN S61'63'55'E, FOR A DISTANCE OF 181.93
FEET: THENCE RUN 821.51 '05'W ,FOR A DISTANCE OF 219.19 FEET; THENCE RUN
S73'SS'16'W, FOR A DISTANce OF 117.115 FEET: THENCE RUN N68'OB'55'W, FOR A
DIST ANCI: OF 47.94 FEET: THENce RUN 821'51 'OS'W, FOR A DI8T ANCE OF 286.15 FEET:
THENCE RUN S26'OO'OltW, FOR A DISTANCE OF 422.71 FEeTjTHENCE RUN S33.33'23"W,
FOR A DISTANCE OF 86.25 FEETj THENCE RUN 860.24'06'W, FOR A DISTANCE OF 405.24
FEET: THENCE RUN N8301&'09'W, FOR A DISTANCE OF 319.20 FEETj THENCE RUN
N7go30'60:'W, FOR A DISTANCE OF 259.59 FEEr:THENCE RUN N75.06'18'W, FOR A
DISTANCE OF 115.58 FEET TO THE POINT OF BEGINNING: CONTAINING 33.87 ACRES,
MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 46
SOUTH, RANGE 28 EAST, COLLlI:R COUNTY. Fl.OAlDA AS BEING N.eg.57'oo'e.
HOLE MONTES, ING.
CERTIF. CATE OF AUTHORIZATION LB R 1772
BY
P.S.M, "5628
STATE OF FLORIDA
U:'4ttNtt-*1\W'N'-'UI.l>OC .
EXHIBIT ~. b VI'I/
Agenda Item f'~o, se
November 14, 2006
Page 303 of 511
EXHIBIT B
ften-i No. Be
14, 2006
Page 3D4 of 511
NOW, THEREFORE, in consideration of the issuance of the Pcnnit to construct and operate
the pennitted activity, and as an inducement to Grantee in Issuing the Perinit, together with other
good and valuable consideration, the adequacy and receipt of which are hereby acknowledged,
Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for and in favor
of the Grantee upon the property described on Exhibit "B" which shall run with the land and be
binding upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. Recitals. The recitals hereinabove set forth are true and correct and are hereby
incorporated into and made a part of this Conservation Easement.
2. Purpose. It is the purpose of this Conservation Easement to retain land or water
areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to
retain such arcas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas
included in the Conservation Easernent Area which are to be enhanced or created pursuant to the
Permit shall be retained and maintained in the enhanced or created conditions required by the
Penuit.
To carry out this purpose, the following rights are conveyed to Grantee by this easement:
a. To enter upon the Property at reasonable times with, any necessary
equipment or vehicles to enforce the rights herein gnmted in a manner that will not wrreasonably
interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent with tius
Conservation Easement and to enforce the restoration of such areas or features of the Conservation
Easement Area that may be damaged by any inconsistent activity or use.
3. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and
monitoring activities, or surface water management improvements, or other activities described
herein that are permitted or required by the Pennit, the following activities are prohibited in or on
the Conservation Easement Area:
a. Construction or placing of buildings, roads, SIgns, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill, or
dumping or placing oftrash, waste, or unsightly or offensive materials;
C. Removal OJ' destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substance in such manner as to affect the surface;
Form No. 1191 2
~~:.d~~~J;~~ive Recreational APPLICATION NUMBER
Posted: 7/2006
EXHIBIT ~.(, 0 ~/~; 1 J ~ ~
I ADD/REVISED SUBMITTAL I
l OCT - 6 2006 j
LWC SERVICE CENTER
Agenda item No, 8e
t\Jovernber 14, 2006
Page 305 of 511
e. Surface use except for purposes that pelmit the land or water area to remain
in its natural or enhanced condition;
t: Activities detrimental to <b'ainage. flood control, water conservation. erosion
control. soil conservation. or fish and wildlife habitat preservation including. but not limited to,
ditching, diking and fencing; .
g. Acts or uses detrimental to such aforementioned retention of land or water
areas;
h. Acts or uses which are detrimental to the preservation of the structural
integrity or physical appearance of sites or properties having historical. archaeological. or cultural
significance.
4. Passive Recrcationat Facilities. Grantor reserves all rights as owner of the Property,
including the right to engage in uses of the Property that are not prohibited herein and that are not
inconsistent with any District rule. criteria, the Permit and the intent and purposes of this
Conservation Easement. Passive recreational uses of and on the Conservation Easement Area that
are not contrary to the purpose of this Conservation Easement may be permitted upon written
approval by the District.
a. The Grantor may conduct limited land clearing of the Conservation
Easement Area for the purpose of constructing such pervious facilities as docks, boardwalks or
mulched walking trails,
b. TIle constmction and use of the approved passive recreational facilities of
and on the Conservation Easement Area shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent possible,
impact to any wetland or upland buffer areas within the Conservation
Easement Area and shall avoid materially diverting the direction of the
natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
111. Adequate containers for litter disposal shall be situated adjacent to
such facilities and improvements and periodic inspections shall be instituted
by the maintenance entity, to clean any litter from the area surrounding the
facilities amI improvements; and
iv. This Conservation Easement shall not constitute pemlit authorization
for the construction and operation of the passive recreational facilities. Any
such work shall be subject to all applicable federal, state, District or local
permitting requirements.
ADD/REVISED SUBMITTAL
[ OCT - 6 2006 I
Foml No. 1191 3
i~:.d~3~i;~~ive RecreaAP~\.ICATION NUMBER
e){"iBIT 0 6 0,7 1 3 g 9 - ~
~., ~(c.tl
LWC SERVICE CENTER
Aqenaa Itern ~~;), se
~{ovember 14.2006
Page 3Cl6 of 511
5. No Dedication. No right of access by the general public to any portion of the
Property is conveyed by this Conservation Easement.
6. Grantee's Liability. Grantee shall not be responsible for any costs or liabilities
related to the operation, upkeep or maintenance ofthe Property.
7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the
Conservation Easement Area current and shall not allow any lien on the Conservation Easement
Area superior to this Conservation Easement. In the event Grantor fails to extinguish or obtain a
subordination of such lien, in addition to any other remedy, the Grantee may, but shall not be
obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse Grantee
for the amount paid by Grantee, together with Grantee's reasonable attorney's fees and costs,
with interest at the maximum rate allowed by law, no later than thirty days after such payment.
In the event Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute
a lien against the Conservation Easement Area which shall automatically relate back to the
recording dato of this Conservation Easement. Grantee may foreclose this lien on the
Conservation Easement Area in the manner provided for mortgages on real property.
8. Enforcement. Enforcement of the tenns, provisions and restrictions of tllis
Conservation Easement shall be at the reasonable discretion of Grantee, <md any forbearance on
behalf of Grantee to exercise its rights herclU1der in the event of any breach hereof by Grantor, shall
not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Assignment. Grantee will hold this Conservation Easement exclusively for
conservation purposes. Grantee will not assign its rights and obligations W1der this Conservation
Easement except to another organization or entity qualified to hold such interests lU1der the
applicable state laws.
10. Severability. If any provision of this Conservation Easement or the application
thereof to any person or circumstances is fO\Uld to be invalid, the remainder of the provisions of this
Conservation Easement shall not be affected thereby, as long as the purpose of tlus Conservation
Easement is preserved.
11. Tenus, Conditions, Restrictions. Purpose. Reference to the tenus, conditions,
restrictions and purpose of this Conservation Easement shall be inserted by Grantor in any
subsequent deed or other legal instrument by which Grantor divests itself of any interest in the
Conservation Easement Area. Any future holder of the Grantor's interest in the Conservation
Easement Area shall be notified in writing by Grantor of this Conservation Easement.
12. Written Notice. All nolices, consents, approvals or other conununications hereunder
shall be in writing and shall be deemed properly given if sent by United States certified mail, return
receipt requested, addressed to the appropriate party or sllccessor-in-interest.
Form No. H9i
Standard Passive Recreational
Rev. 03/2006
Posted: 7/2006
EXHIBIT
Af'~UOA ildN NUMQ~~
06071;j''''~
~. G V/tI/
I A9D/REVISEO SUBMITT~L I
l OCT - 6 2006 \
LWC SERVICE CENTER
Agenda Item t'>Jo, se
t-Jovember 14, 2006
Page 307 of 511
13. Modifications. Thi~ Conservation Easement may be amended, altered, released or
revoked only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Collier County.
TO HA VB AND TO HOLD unto Grantee forever. The covenants, tenns, conditions,
restrictions and purposes imposed with this Conservation Easement shall be binding upon Grantor,
and shall continue as a servitude running in perpetuity with the Property.
Grantor hereby covenants with said Grantee thfJ,t Grantor is lawfully seized of said Property
in fee simple; that the Conservation Easement is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement; and all mortgages and liens on the
Conservation Easement Area, if any, have been subordinated to tIllS Conservation Easement; and
that Grantor has good right and lawful authority to convey this Conservation Easement; and that it
hereby fully warrants and defends the title to the Conservation Easement Area hereby conveyed
against the lawful claims of all persons whomsoever.
[signature follows on next page]
Form No. 1191
Standard Passive Recreational
Rev. 03/2006
Posted: 7/2006
5
EXHIBIT ~~& ~/VI
L;oenda Item f'~o. se
~rDv9nlber14, 2006
Pa98 308 of 511
IN WITNESS WHEREOF, Grantor has hereunto set its authorized hand this sth day of
October, 2006.
G.L. Homes of Naples Associates II, Ltd., a
Florida limited partnership
By: G.L. Homes of Naples II Corporation, a
Florida corporation, its general partner
By: I/<::~~
Print Name: R\l.~d M.. N.x...;n\\:.
Title: Vice President
Signed, sealed and delivered in our presence as
witnesses:
/'ff!/fc'-M tr,..,J
BY:~~
Print Name: ~AJ u~
STATE OF FLORIDA
) ss:
COUNTY OF BROW ARD
On this 5' tl., day of October, 2006 before me, the undersigned notary public, personally
appeared RI<'lt('\(l.() M. NHWf)\..\<., , the person who subscribed to the
foregoing instnunent, as the Vice President of G.L. Homes of Naples II Corporation, a Florida
corporation, the general partner of G.L. Homes of Naples Associates II, Ltd., a Florida limited
partnership, and acknowledged that@She executed the same on behalf of said corporation and
partnership and that~she was duly authorized to do so. ~She is personally know to me or has
produced a __ (state) driver's license as identification,
IN WITNESS ~~'Il herewlto set my hand and official seal.
~'''1 C..,\\OL /)~I J1/~...
~ ......... "v,.., 111:
$' ....;p\l.l.l"SIO.t.'..~~ ~ NOTARY PUBLIC, STATE OF FLORIDA
~* ",~~'Wt;q~~~'" ~ ~ /J ~
=: ~~=
::2:: .... 0 : = (!
:.S\ ~ tDD ~R~,,^. : *" ~ -
.- ~ . "'..-vvuu .'::- .
~~.~~ .'~~ Prmt'Name:
%hv.'..~~rt<!'f."'~~
~/'~/Q ........ ~G~
My Commission Expir<r~'I;,,~mr.r\~t\\\"~
0,,,,""", hi..... 1101
.... V&...... ~,'-'. " """
6
Standard Passive Recreational
Rev. 03/2006
Posted: 7/2006
EXHIBIT ),G ("(1.(1
EXHIBIT" N'
Legal Description of the Prooerty
Agenda Item No, 8e
November 14, 2006
Page 309 of 511
An of Section 16, Township 48 South, Range 26 East, excepting the west 80' thereof.
Form No. 1191
Standard Pasuive Recreational
Rev. 03/2006
Posted; 7/2006
7
EXHIBIT >. C 7/4./1
Aoenda Item r'.Jo. 8C
November 14. 2006
Page 310 of 511
EXHlBIT"B"
LeeRl Descrintion of the Conservation Easement Areas
{see following thirt-two (32)pagesl
Form No. 1191
Standard Passive Recreational
Rev.03f2006
8
EXHIBIT ".~ Vv/
Agenda Item No, se
November 14, 2006
Page311of511
1bIt ~.1lfII)INd by
and _~11Un 110;
MdhIw L. GflbnId, ESQ.
o.rtck. a... & PMpIM, LlP
W1AldgtwocJd Dt1Ye. SuIte 101
NIIpM. ~ 34108
3055561 OR: 3122 PG: 2843
UCOlDlD lIomCI~ UeoUI of comll conn. n
10/0J/2002 It 1.:JOll DIIClf I. 81OCI, etlll
lie rll 4Ut
DOC-.lO .7D
COPIIS 10.00
lUSt UD
leu:
CULICI mnlllt u.
~ICI D'
~I=a
~IS 0 AGE. ACCESs AND MAINTENANCE EASEMENT (-ElIQITHHlr) Ia grlnted this Jl.. ~
dlyot , 200~, by Robert Voclaano, " eo. True... under Lind Tru.t Agreemenl dated May
24, 1995, Cypren Oevetopment, Ltd., a FIoridallmRecl pIft;nfnt\Ip. The Ctub at Olde Cypreg, Ltd.,
a Florktallmlted pamenhfp (herelnltter Individually refemtd to II . "GrInto(' and coIItctJvety refened to
at the "G...ntorti. to rMCOLUER joint Venture. a F10rtda 08..-.1 pertnerahlp, Ita IUC08ItKn and
anlgna (-GTlntee1.
steel 18 the owner of certain property known as
It.. hento and Il1C'OfpOI'ated herein (the
Club It 0kJe Cypress, Ltd.. are
which II delCrlbed In exhibit -a"
WHEREAS, Gran
R..tated Flow-Way AorHm
VocfMno .. Co- TI'\.II_ U
DevMopment, Ltd., a FSprida
AgrHment allMnded Ind restated
Stall', office on....)' 3. 20(1): Ind
WHEREAS. the Aow-Way AgHment COf'IlempletellMl a FIow-Wa)' (N ht teml II defined In
the the Flow-Way Agreement) IhaU be conatnlcWd ovw SIndt owned by the PI'UtIIndIor 8IItgneIa oa
the J*Uea to the f1ow..W.y ~t. for the mutuiI benIfl of the pwtMiI think) IMld lhelr reepectMJ
1UOCM80f8 In tl6e. ",. COMtructIon, operation end malnttnlnct ct !hi ftow..W.y II No 'con~tId
and/or I1IqUlrtd by 1M foIowfng South FIoI'Ida Water MaMgemtnt 0IPtct Envfronfmtntlll RMOUrotl
Pemlltl,nlhey may be amended or modlned from lime to tlcM: ERP If 11.()205$.p (lif)PIable to \hfl
Terann. Property). 11.o12:l2..s (app/able to Otde C)'PtMI Property), and 11-()2031-P (lIppflcabte to the
Dominant ell:ate): .nd
IRASOl. .00 m<lf'8 particulllt1y
In8nl Ellata,; and
of thet COl1eln Amended end
J.D. NIctwonder, Robert
'I 24, 1995, Ind 0kIe CypreM
I.., ~t1 (which Aow-Way
egreemenl flhtd wtth the Secfetary of
WHEREAS, Grantee doai'eI Co c:ontlruct . now wey for the dnINge of .ooace waler to thfI
CocohItchH elna!, .. conttmp4a\ed the Aow Way ~ and ther'efonl deVes to obtain ttOO
Eatement fnlm Grantrn for the purpoMI provkJlMt IwnMn.
WITNESSETH
NOW, THEREFORE, In conJldnllon of $10.00 and other good and vtIlUllblcl
cont~Uon, the receipt arid IUt'ftdency of which It hereby ~llO'Mellgod by Grantor. ~nlor henlb)r
covenants Ind conveY' the following to Grantee:
1
EXHIBIT l' c;/'1(
AClenc:ia Item No, se
r~~Qven^iber 14, 2006
Page 312 of 511
OR: 3122 PG: 2844
1. fiHll. G~ntorl acknoModge that the foregoing ~I are true and accuralJ and are
lnOOfponlled hentln by reference.
2. Grim' of e8ument ar.ntora hentby grant to Grantee. Ita .ucc:euors Indell91s. a
Orelo~, Acce.. and Melnten.1'ICe Eeaemen\ rEaaemenr) over thelr ~lve propertiM deIatbed In
ttHllltached EKhlblls A & B for the purpoeel provkied hefeIn.
3. ,Purooae of Easement. The Euement II for the upfMI P\IflK)M of providing drainage
end eooen for c:onllnicUon. qptnIUon, repelr. malnt8nance and/or replIICement ofh f1ow..Way (to be
con.tructed pUrluant to the terin. of the FlaH-W1'I Agreement (II amended). a. fufthef conlempll*s by
SouthFloOda W Iter Manevemenl Dlalric:t Permit 111.Q205G-P and Pennlt .11-01232-5 and Pwmtlt 111-
02031.P.ln perpetuity.
4l. EllHm,n\ to R~n 'tI\\b and BenefIt. Grantee', land. this E..-meot. when comblnecllnd
uUUzed In" conlunctlOn . with' the othec' MMmtntl to be gJ8Ilted \0 cnn\ee for 1M conslruction,
maintenance, repair end/Of replacement of the Flow Way. .haIt ~ ~ant to. benefit. and nan with
the We to the Dominant eltate.
5. Non-Exclusive Aaalanmenl of Easement Riahta, The non-exclualve lightl to use th4s
Euemen\ for the pufpOHI'.taiedhereln y:. cnnteJeor Grare.... auccMlOf In title. to
.ny community develQpmenl dlttrlct . 0 quuJ-goyemmental, or private enuty
fHPOOllble for nil or 8ny portion of tenance. repair andlor replIICement
of the Flow-Way. It II the . t . t. \hat the Dominant Eltate
hav. perpetue' UN and an)o t elf' lDtkIn or ttntlty c:Iwgod wt\h the
respooaNIty fO( oonltructlnll, lit or any ponlon of the Flow-
Way (for the benefit of the Grantee. and Ita IlJCCeuora In
titles. ea provided herol n.
to ec:<:UI ManeD Immediately
or malntafnlog Hid Easement,
conltruction Eaaemenll to
G
~,
., lnatrumenlor cauted the same to be
on the dIIy and )'Mf flrst above W\ittefl.
OLOE CYPRESS DEVELOPMENT. L TO., a
F\cx'lda IImled partneftNp.
~Wd~:~~4<1t~
-~fIt~~
By:
I
[Rcmlk\def of ~ !ntentioo~!y !en ~rt'kl
2
EXHIBIT 3. G ItYf'll
Agenda Item No, Be
November 14, 2006
Page 313 of 511
OR: 3122 PG: 2845
THE CLUB AT OlOE CYPRESS, LTD.. a
Florid. limited pertnlrlhlp,
STATE OF FLORIDA
COUNTY OF C:OlLIER
The foregoing Ins
RotIIrI PMII Hildy II PrNkItn
G<<IIrel P8rtnu Of 0kIe.~
ptIfI()nINy kooNn to me or Mlo hu
--
f-.
of ~ .,\1 ~by
I.~I"
I on Ita behWf. who I.
as 1dInUnc:a1ion.
PrInted
ltUIf.QdIRf
htY~'D01C\:m
EXPRS: ....". 2<<t
'*'......._.....~ .
STATE OF Fl.ORlDA
COUNTY OF COlliER
Robert~~==l~~=-~~~~~~~
of.The Club lit ()de CyprIII, Ltd., l!I FbkII tlmlted perblerIhIp, on b behII. 'M1o II ptC'tOOIIy kIlC7M'I ~ ~ _'
Of tMlo has produced A) f\-- at ~Iion. ---."
" Ifm.~ ~ /fit ~';:C
11100:= IOt317 NotIfy . ~~ I ~ r;. ?_ -
E)IJlIft...., 1, 2ClO& Pmled N8me of ~ PubItc
.......1llIIt,.."...~ ..---,
3 EXHIBIT S.b IIJtft
STATE OF . F LOft, t>A
COUNTY Or: ~1./}U l,cft~
f"~ ..... ,.r'
The foregdng InaWm8fl\ WIll ackllO'Modged bebe me ItWa (- day of ,,~~\ i . 2002 by
Robert VodHno. at Co-Truattt under land Trust Agreement dated May 24, 1995. II pwaonaIy known
to me or v.t.c) hu produced AI/ ~- uIdeoOOcaUon. --- '"
~-- I
f..t.~.J~~ ~....:--~
Notafy Public .
_[4 J Lf) It-- G ( 1.15 ({jf. T
Printed Name d Notety Pubtlc;.
MyCommiea)on ExpIfe8: :> - ,.. ~),')0
p,;)enda Item f\lo, 8e
hJo\/enlber 14,2006
Page 314 of 511
OR: 3122 PG: 2846
My Commlsalon ElCpIfea:
t; . /' d (' r. ~.
tBAOUERT
V'I' CXJMSSlOH , DO 101311
E>>ftS;..., \. ~
_lIIw...,,...._
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November 14, 2006
P::;ge316of511
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AgendaJtem No. Be
November 14. 2006
Page317of511
HM ElIIIBIT n
HOLE MONTES
!IQl11\$' lVIKRI' 6UlmOOS
lJlIlSCN'1!/a:Iflt(;ll1(
950 Encore l'Iav' NtPK. FlorlclJ34IlQ. Ph<lne: 239,2M,2000 . Fu: 2J9,21oUOn
HM PROJECT 111995.087
9/15/06
REF. DWG. 116.5935-1
~.
PROPERTY DESCRIPTION:
^ PARCEL OF LAND LOCATED t~ A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 28 EAST, COLLIER COUNTY, FLORIDA, aEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH.
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCe RUN N89'57'OO"E, ALONG THE
SOUTH LINe OF SAID SECTION 16. FOR A DISTANce O~80.00 FEET; THENce RUN
NOO'09't9'W, FOR A DISTANCE OF 1,804.74 FEET: THENCE RUN Neg'50'41'E, FOR A
DISTANCE OF 1 ,909.36 FEET TO THE POINT OF BEGINl'jING OF THE PARCEL OF LAND
HEREIN DESCRIBEDi THENC E RUN N21'SI 'OS'E, FOR A DISTANCE OF 150.55 FEET TO A
POINT ON A CIRCULAR CURVE. CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS
N27'20'51'E, A DISTANCE OF 565.00 FEETTHEREFROMi THENCE RUN IiASTERL Y ALONG
THE ARC OF SAlD CURVE TO THE lEFT, HAVING A RADIUS OF 565.00 FEET,THROUGH A
CENTRAL ANGLE OF 15'51'19', SUBTENDEO BY A CHORD OF 155,85 FEET AT A BEARING
OF 570'34'48'E. FOR A DISTANCE OF 158.35 FEET TO THE END OF SAID CURVE; THENCE
RUN S09'58'16"W, FOR A DiSTANCE OF 150.04 fEer TO A POINT ON A CIRCULAR
CURVE, CONCAVE NORTHERLY, WHose RADIUS POINT BEARS' Nl1'10'24'E, A
DISTANCE OF 715.QO FEET THEREFROM: THENCE RUN WESTERLY ALONG THE ARC OF
SAID CURVE TO THE: RIGHT, HAVING A RADIUS OF 715.00 FEET, THROUGH A CENTRAL
ANGLE OF 15"01'08', SUBTENDEO BY A CHORD OF 186.69 FEET AT A BEARING OF
N71'19'OJ"W, FOR A DISTANCE OF 167.42 FEET TO THE POINT OF BEGINNING;
CONTAINING 0.59 ACRES, MORE OR lESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 46
SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA AS BEING N.89"57'OO"E.
HOLE MONTES, INC.
CERTtFI9j'TE OF ,AUTHORIZATION LB H 1772
BY ~w-<JJt, ~ P.8.M,H662B
THOMAS M. MURPHY STATE OF FLORIDA
11"',",t"JOInwrv.JSl...POC
H.p!tl' f(><\ My.". Vtrko
EXHIBIT 1..G ~3/~
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Aaenda Item No, se
hf'l"o!Y1h8r 14. 2006
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HM
HOLE MONTES
tt<<llll!tM.PVIKR$.6lfM\'ORS
OJIWI'E N(liTEC~
950 ElIC(Ilt V'lrt. NlI9ias. F~ 3:4IiQ' PI1oIlt: 239.2St.lOOO' Fe!: 239,2~.2lI75
HM PROJECT #1995.0B7
9/15/06
REF. DWG. #B-5936-'
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN APORTION OF SECTION fa, TOWNSHIP 48 SOUTH.
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FClLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 46 SOUTH.
RANGE 26 EAST. COLLIER COUNTY, FLORIDA: THENCE RUN NOS'57'OO"E, ALONG THE
SOUTH LINE OF SAID SECTION '6, FOR A DISTANCE OF 80.00 FEET: THENCE RUN
NOO'09'WW, FOR A DISTANCE OF ',739.12 FEET; THENCE RUN N8S'SO'41'E. FOR A
DISTANCE OF 2,116.77 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED; THENCE RUN N09'58~'6'E, FOR A DISTANCE OF 150.04 FEET TO A
POINT ON'A CIROULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POiNt BEARS
NOS'26'59'E, ADISTANCE OF 565.00 FEETTHEREJ=ROM; THENCE RUN EASTERLY ALONG
THE ARC OF SAID CURVE TOTHE LEFT, HAVING A RADIUS OF 565.00 FEET, THROUGH A
CENTRAL ANGLE OF 19'04'55', SUBTENDEO BY A CHORD OF 187.30 FEET AT A BEARING
OF N88'54'32'E, FOR A DISTANCE OF 188.17 FEET TO THE END OF SAID CURVE; THENCE
RUN S18'lQ'12'E:, FOR A DISTANCE Of 99.70 FEET TOTHE BEGINNING OF A
TANGENTIAl. CIRCUlJIR CURVE, CONCAVE NORTHEASTER\. Y; THENCE RUN
SOUTHEASTER\. Y ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
275.00 F!:ET. THROUGH A CENTRAL ANGLE OF' 10"51'51', $UBTENOEO BY ACHORD OF
52.07 FEET AT A BEARING OFS23'36'OS'S, FOR A DISTANce OF 62.14 TO A POINT ON A
CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS P01NT BEARS N12"37'01"W,
A DlST ANDE OF 71 5.00 FEET THEREFROM; THENOE RUN WESTER\. Y, ALONG THE ARC
OF SAID CURVE TO THE RIGHT, HAVING A RAD1US OF 715.00 FEET, THROUGH A
CENTRAL ANGLE OF 21'23'09', SUBTENDED BY A CHORD OF 265.33 FEET AT A BEARING
OF SOB'04'34'W, FOR A DISTANCE OF 266.80 TO THE POINT OF BEGINNING: CONTAINING
0.78 ACRES, MORE OR LESS.
lHIS PROPERTY IS SUBJECT TO EASEMEN1S, RESERV AllONS OR RESTRICTIONS OF
RECORD.
BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 46
SOUTH, RANGE ~6. EAST, COLLIER COUNTY, FLORIDA AS BEIt'-lG N.89'57'00'E.
HOLE MONTES. INC. .
CERTIFICATE OF AUTHORIZATION LB 1/1772
BY ~ It. I/~.r P.S.M.1t6628
THOMAS M. MURPHY STATE OF FLORIDA
H.:\f".J\1"$oOf;T\'fiN".4.SLDOC
NopIot. FCfI ~. \lenJoo
Agenda Item No. se
November 14, 2006
Page 319 of 511
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,.. ,. Ag?ndaJ!E2m No, Be
November 14, 2006
Page 321 of 511
HM
HOLE MONTES
OOItiRll. P\JUtJll. $IJIr4YOAS'
.lHIlSCIJ'l:NDrncME
g~ E/lc:ofeWlIY' tlaplts; floriOl 34110 .f'l1ooe; 239,2$1,2000' I'll: 2J9,Z~,2015
HM PROJECT 111995.0B7
9/1 5106
REF. DWG. I#B.5937-1
EXHIBIT B
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 1 B. TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SeCTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLl.IER CO\JNTV. FLORIDA; THENCE RUN NS9.57'CO"E, ALONG THE
SOUTH LINE OF SAID SEOTlON 16. FOR A DISTANCE OF 80.00 FEET: THENCE RUN
NOO"Oll'19"W, FOR A DISTANce OF 1,916.73 FEET; THENCe RUN NeS.W'41"e, FOR A
DISTANCE OF 2,425.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED: THE SAME SEING A POINT ON A CIRCULAR CURVE, CONCAVE
NORTHWESTEAl'i, WHOSE RADIUS POINT BEARS N20.47'44'W. A DISTANCE OF 565.00
FEET THEREFROM: THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE
TO THE LEFT, HAVING A RADIUS OF 565.00 FEET. THROUGH A CENTRAL ANGLE OF
33"05'19;, SUBTENDED BY A CHORD OF 321.77 FEET AT A BEARING OF N52"S9'37"E, FOA
A DISTANCE OF 326.29 FEET TO THE END OF SAID CURVE; THENCE RUN 835"07'53'E,
FOR A DISTANCE OF 37.75 FEET; THENCE RUN 676.04'46'E, FOR A DISTANCE OF 352.09
FEET: THENCE RUN S1eoOO'31"W, FOR A DISTANce OF 170.33 FEET: THENCE RUN
823012'29"W. FOR ^ DISTANCE OF 168.00 FEET; THENCE RUN N6S"41'21"W, FOR A
DISTANCE OF 406.68 FEET; THENCE RUN S24"18'39"W. FOR A DISTANCE OF 124.80 FEET
TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS
POINT BEARS N38"35'lS"E. A DISTANCE OF 175,00 FEET THEREFROM; THENCE RUN
NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS
OF 175.00 FEET, THROUGH A CENTRAL ANGLE OF 33"14'35., SUBTENDED BY A CHORD
OF 100.12 FEET AT A BEARING OF N34"47'SO'W, FOR A DISTANCE OF 101.54 FEET TO
THE END OF SAID CURVE; THENCE AUN N18"10'12'W, FOR A DISTANCE OF lJ5.4 t FEET
TO THE POINT OF BEGINNING; CONTAINING 3.34 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLOR.IDA AS BEING N.89'57'OO'E.
HOLE MONTES. INC.
CERTlFIOATEOF AUTHORIZATION LB /11772
BY :a~ 1I!,d~ P.S.M,II5626
THOMAS M. MURp. STATE OF FLORIDA
HAlttJ\l,nOI1\WP'II'..Jn..DOC
Nop,,'fortMyort'Vonloo
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Agenda Item No, 8C
November 14, 2006
Page 323 of 511
, .
HM
HOLE MONTES
00fl(fJIS. fIJh\\t/lS. ~
lNmCN'l'~
use ~I. WW(' KlpllI. Flotid. 34110' I'hont, 23U5t2000' Fu: 2Ji.2~101S
HM PROJECT H1995.087
9/15106
REF. DWG. HB.5938.1
EIlIIDIT B
PROPERTY DESCRIPTION:
A PARCE:L OF LAND LOCATED IN A PORTION OF SECTION 16. TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMeNOE AT THE SOUTHWeST CORNEA OF seCTION 16, TOWNSHIP 46 SOUTH,
flANGE 26 EAST, COLLIER COUNTY, FLORIDA; lHENCE RUN NOS"57'OO'E, ALONG THE
SOUTH LINE OF SAIDBEOT10N 16, FOR A DISTANCE OF 90.00 FEET: THENCE RUN
NOO"09'19"W, FOR A DISTANCE OF 2,830.38 FEET: lH ENCE RUN N8S'SO'41, E, FOR A
DI$T ANCE OF'2,245.B3 FEET TO THE POINT OF BEGINNING OF THE PAROEL OF LAND
HEREIN DESCRIBED: THENCE RUN NB1"39'24'E, FORA DISTANCE OF 16.27 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEAL Y; THENCE RUN
EASTERL Y AlONG THEARG OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 280.00
FEET. THROUGH A CENTRAL ANGLE OF 22'22'00', SU8TENDED BY A CHORD OF 108.61
FEET AT A BEARING OF N70.28'24'E, FOR A DISTANCE OF 109.30 FEET TO THE END OF
SAID CURVE: THENCE RUN N59"17'24"E, FOR A DISTANCE OF 113.80 FEET TO THE
BEGINNING OF A TANGENTIAL CIRCUlAR CURVE, CONCAVE SOUTHERLY; THENCE RUN
EASTERLY ALONG THE ARC OF SAID CURVE TO THe RIGHT. HAVING A RADIUS OF
270.00 FEET"THROUGH A CENTRAL ANGLE OF 43'57'57'. SUBTeNDED BY A OHORD OF
202.14 FEET ATA BEARING OFN81"16'22'E, FOR A DISTANce OF 201.18 FEET TO THE
END OF SAID CURVEj THENCE RUN SlS"23'42"W, FOR A DISTANCE OF 40.61 FEET TO
THE BEGINNING OFA TANGENTIAL CIRCULAR CUAVE, CONCAVE EASTERLY; THENCE
RUN SOUTHERLY ALONG THE ARC OF SAID C.URVE TO THE LEFT, HAVING A RADIUS OF
485.00 FEET, THROUGH A CENTRAL ANGLE OF.38'21'29', SUBTENDED BY A CHORD OF
318.66 FEET AT A BEARING OFSOO'47'02'c, FOR A DISTANCE OF 324.69 TO A POINT OF
REVERSE CURVE, CONCAVE WESTERLY; THENce RUN SOUTHERLY, ALONG THE ARC
OF SAID CURVE TO THe RIGHT, HAVING A RADIUS OF 455.00 FEET, THROUGH A
CENTRAL ANGLE OF 70"23'04", SUBTENDED BY A CHORD OF 624.45 FEET AT A BEARING
OF S15"13'45'W, FOR A DISTANCE OF 556.94 FEET TO THE END OF SAm CURVE;
THENCE RUN N10"10'12'W, FOR A DISTANCE OF 43.16 FEET TOTHE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY
ALONG THE ARC OF SAlD CURVE TO THE RIGHT. HAVING A RADIUS OF 129.80 FEET,
THROUGH A CENTRAL ANGLE OF 21'32'14", BUBTENDED BY A CHORD OF 48.50 FEET AT
A BEARING OF N07"24'06'W. FOR A DISTANCE OF 48.79 FEET TO THE END OF SAID
CURVE: THENCE RUN NO:i"22'01'E, FOR A DISTANOE OF 144.23 FEET; THENCE RUN
N19"56'20'E. FOR A DISTANCE OF 70.11 FEET; THENCe RUN N03"22'OI'E. FOR A
DISTANCE OF BO.96 FEET TO THE BEGINNING OF ^ TANGENTIAL CIRCUlAR CURVE,
CONCAVE WESTERLY; THENCE RUN NORTHEAL Y ALONG THE ARC OF SAID CURVE TO
THE LEFT. HAVING A RADIUS OF 225.00 FEET, THROUGH A CENTRAL ANGLE OF
25"05'12', SUBTENDED BY A CHORD OF 97.73 FEET AT A BEARING OF N09'10'35'W, FOR
A DISTANCE OF 90.51 FEET TO THE END OF SAID CURVE; THENCE RUN N21"43'11'W.
FOR A DISTANCE OF101.BG FEET: THENCE RUN S6S'16'49"W. FOR A DISTANCE OF 10.00
FEET; THENCE RUN N21"43'11'W. FOR A DISTANCE OF 110,72 FEET; THENCE RUN
N6S"06'07'W, FOR ^ DISTANOE OF 203.36 FEET TO THE POINT OF BEGINNING;
CONTAINING 3.36 ACRES, MORE OR LESS.
1l:\lttS\IHD7\WN'-t.U...DOC'
Nop!o. . Fort l.lrero . v.ra
EXHIBIT >.6 1.9('11
HM PROJECT N1995.0B7
9'15106
REF. DWG. N6.5938.1
THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF
RECORD.
eEARINGS SHOWN HEREON REF!:A TO THE SOUTH LINE OF SECTION 161 TOWNSHIP 46
SOUTH. RANGE 28 EAST, COLLIER COUNTY. FLORIDA AS BEING N.69.57'OO'E.
HOLe MONTes, INC.
CERTIFICATS.QF.AUTHORIZATlON LB 111772
BY ~ 111.~ P.S.M. "61328
THOMAS M. MURPHY . STATE OF FLORIDA
"
H:\1fff\I"~'MV-ul,.DOC
Agenda Item No. 8e
~~ovember 14, 2006
Page 324 of 511
KIHIBIT B
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Page 326 of 5 1
HM
HOLE MON1'1:S
EtlJlUIl5' ftNHRS' SlIlMY\lRS
WKWIENl::lmcm
950 EoolIe W.y. N'p!el. FIoricb 34110' Phcne: m.2~Uooo. fll: 2J9,2M.2DIS
HM PROJEOT 111995.067
9/15/06
REF. DWG. IIB'5939-1
EXlIIDIT B
PROPERTY DESORIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST. COLLIER COUNTY, FLORIDA; THENCE RUN N89"57'OO'E, ALONG THE
SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET: THENCE RUN
NOO'09'111"W, FOR A DISTANCE OF 4,513.55 FEET: THENCE RuN Neg'5O'41 "E. FOR A
DISTANCE OF 1,310.09 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBEDi THENCE RUN 878'33'15'e, FOR A DISTANCE OF 154.07 FEET TO
THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY;
THENCE RUN NORTHEASTERL V ALONG THE ARC OF SAID CURVE TO THE lEFT, HAVING
A RADIUS OF 125.00 FEET, THROUGH A CENTRAL ANGLE OF 89'29'57', SUBTENDED BY
A CHORD OF 176.00 FEET AT A BEARING OF N58'41'47'E, FOR A DISTANCE OF 195,26
FEET TO THE END OF SAID CURVE; THENCE RUN N1105{3'48'E, FOR A DISTANCE OF
265.35 FEET; THENCE RUN NOO'OO'S5"W, FOR A DISTANCE OF 430.96 FEET; THENCE RUN
N89053'05'E, FOR A DI8T ANCE OF 150.00 FEET; THENCE RUN SOO'OO'55'E, FOR A
DISTANCE OF 452.01 FEET; THENCE RUN SlS'43'44'E. FOR A DISTANCE OF 342,96 FEE:T;
THENCE RUN 523'3O'35'E, FOR ^ D1STANCE OF 42.04 FEET; THENCE RUN S03'26'22'E,
FOR A DIST ANeE OF 77.15 FEET; THENCE RUN S14'56'06"W, FOR A DISTANCE OF 429.38
FEET; THENCE RUN S03'4S'30"W, FOR A DISTANCE OF 152.19 FEET TO THE BEGINNING
OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERL V; THENCE RUN
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS Of'
135.00 FEET, THROUGH A CENTRAL ANGLE OF 92'41'54', SUBTENPED BY A CHORD OF
195.36 FEET AT A BEARING OF S42'35'27'E, FOR A DISTANCE OF 218.42 FEET TO THE
END OF SAID CURVE; THENCE RUN S8S'56'24'E, FOR A DISTANCE OF 241.29 FEET;
THENCE RUN S60'28'54'E, FOR A DISTANCE OF 74.31 FEET; THENCE RUN SQ2'47'57"W,
FOR A DISTANCE OF 262,97 FEET; THENCE RUN 530'42'3O'E, FOR A DISTANCE OF 424.16
FEET; THENCE RUN S5so17'24"'N, FOR ^ DISTANCE OF 154.99 FEET TO THE BEGINNING
OF ^ TANGENTIAL CIRCULAR CURVE, CONCAVE NOF\THERL Y; THENCE RUN W ESTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET,
THROUGH A OENTRAL ANGLE OF 22'22'00', SUBTENDED BY A CHORD OF 77.56 FEET AT
A BEARING OF S70'26'24'W, FOR A DISTANCE OF 76.07 FEET TO THE END OF SAID
CURVE: THENCE RUN saj'39'24'W, FOR A DISTANCE OF 74.51 FEET; THENCE RUN
N30'42'30"W, FOR A DISTANCE OF 451.70 FEET: THENOE RUN 661 "29'05"'N, FOR A
DISTANCE OF 689,01 FEET; THENCe RUN NC3'02'17'W, FOR A DISTANCE OF 120.64
FEET: THENCE RUN N07'11'WE, FOR A DISTANCE OF 394.17 FEET; THENCE RUN
Nllao2S'28'E. FOR A DISTANCE OF 119.31 FEET: THENCE RUN NDO'31'18'E. FOR A
DISTANCE OF 180.10 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE,
CONCAVE WESTERLY; THENCE RUN NORTHERl V ALONG THE AAC OF SAlD CURVE TO
THE LEFT, HAVING A RADIUS OF 1,655.20 FEET, THROUGH A CEtlfRAL ANGLE OF
12'08'29', SUBTENDED BY A CHORD OF 350.09 FEET AT A BEARING OF N05032'5G'W, FOR
A DISTANCE OF 350.75 FEET TO THE END OF SAID CURVE; THENCE RUN N11'37'11"W,
1-\....ltn\1t7)01.l\....,.,.7IL.OOC
tllpltt . FO<I Mym' Vonloo
EXHIBIT 3.C 3 "l-/<f(
Agenda Item f'>Jo, 8e
November 14, 2006
Page 327 of 511
EXHIBIT n
HM PROJECT #1995.087
9/15/06
REF. DWG. IIB.5939.1
FOR AD1STANCE'OF 376.71 FEET TO THE POINT OF BEGINNING: CONTAINING 24.22
ACRES. MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 46
SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA AS BEING N,6S"57'OO'E.
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB 111772
BY ~.#1. ~ P.S.M.#S626
. THOMAS M. MURPHY STATE OF FlORIDA
IL:Il".lII"""",,",TSl.1>OC
EXHIBIT 3.6 3Y'/f
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t..Jovember 14, 2006
Page 329 of 511
NM
HOl.E MONTES
lOOtlmI$. f'lIUIllI'llM'IOOS
\JHWtl'NDmGIW
950 Encore Woy. U.plel, Florida :UUD. Pllone: 23US4,2000' F..: 23P~,2015
HM PROJECT 1/1995.067
9/t 5106
REF, DWG.IIB.5940.1
EDlIllrr B
PROPERTY DESCFlJPTION:
A PAACEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST. COLLIER COUNTY. FLORIDA, BEING MORE PARTICULAAL Y DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTlON t 6, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY,FLORIDA; THENCE RUN Nee"57'OO"e, ALONG 'THE
SOUTH liNE OF SAID SeCTION 18, FOFl A DISTANCE OF 2,645.04 FEET TO THE SOUTH
aUARTER CORNER ,OF SAID seCTION 16: THeNce RUN NS9056'37"e, ALONG THE SOUTH
LINE OF SAID SECTION 16. FOR A DISTANOE OF 549.60 FEET; THENCE RUN N03'36'03'E,
FOR A DISTANCE OF 14.84 FEET TO THe POINT OF BEGINNING OF THE PARCEL OF
LANe HEREIN DESCRIBED: THENCE AUN N69'34'13"W, FOR A DISTANCE OF 29.93 FEET;
THENCE RUN N03"36'OB"c, FOR A DISTANCE OF 372.32 FEET; THENCE RUN S80"23'57"C,
FOR A DISTANce OF 2S.87 FEET; THENCE RUN S03"36'03"W. FOR A DISTANCE OF 37o.eO
FeET TO THE POINT OF BEGINNING; CONTAINING 0.25 ACRES. MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF
RECORD, .
BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 16, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA AS BEING N.89"S7'OO"E. .
HOLE MONTES, INC.
CERTIFICATE OF AUTHORIZATION LB Ii 1772
BY ~L^--I- ~~ ~1. - - P.S.M.1I5628
--1HOMiS'M. MU~Hv" nrT STATE OF FLORIDA
ILIl".I\l"lOIIIWN,ISl.OOC
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HM PROJECT #1995.087
9/15/06
REP. DWG.IIB.5941.1
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST. COllieR COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 16, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY. FLORIDA: THENCE RUN S6S"S3'05'W, ALONG THE
NOATH LINE OF SAID SECTION 16 FOR A OIST ^Nce OF 1.148.91 FEET; THENCE RUN
514-42'31 'OW I FOR A DISTANCe OF 51.72 FEET TO THE POINT OF BEGINNI NG OF THE
Pi\BCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE 814"42'31 'W, FOR A
DISTANCE OF 555.22 FEET: THENCE RUN N7S-10'26'W, FOR A DISTANCE OF 29.91 FEET;
THENCE RUN NI4"42'04"E, FOR A DISTANCE OF 547.22 FEET; THENCE RUN N6S"53'OS'E.
FOR A DISTANCE OF 31.02 FEET TO THE POINT OF BEGINNING; CONTAINING 0.38
ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO. EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF SECTION 16. TOWNSHtP 46
SOUTH, RANGE 26 EAST,COLUER COUNTY, FLORIDA AS BEING S.89"S3'05"W.
HOLE MONTES, INO. .
CERT1Fl ATE OF .l\UTI:IORtZATION LB 1/ 1772
BY
P.S.M.1#5626
STATE OF FLORIDA
H"ltS\lHJ9f1\W/V,',I1.lXlC
nlpl... Fort M)'tfl'VIlOOI
Agenda Item No, se
November 14, 2006
Page 331 of 511
EXmnIT B
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Agenda Item No. 8e
November 14, 2006
Page 333 of 511
HM
HOLE MONTES
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HM PROJECT 111995.087
9115106
REF. DWG.IIB.5942.1
EXIlInIT B
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN A PORTION'OF SECTION 16, TOWNSHIP 48 SOUTH,
RANGE 26 EAST. COLLlERdOUNTY. FLORIDA. BEING MOFle PARTICULARLY DeSCRIBED
AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 16. TOWNSHIP 48 SOUTH,
RANGE 28 EAST. COLLIER COUNTY, FLORIDA; THENOE RUN 6oo'07'34"E. ALONG THE
EAST LINE OF~A'DSECTION 16. FOA A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING OFTHE PARCEL OF LAND HEREIN DESCRIBEDi THENCE CONTINUe
Soo"07'34"e, FQR A DISTANCE OF 20,00 FEET; THENce RUN6B9t53'05'W, FOR A
DISTANCE OF 1,193.17 FEeT; THENCE RUN NI4"42'04tE, FOR A DISTANCE OF 20,69
FEET; THENCE RUN Nag"S3'OS"E. FOR A DISTANCE OF 1,167.88 FEET TO THE POINT OF
BEGINNING: CONTAINING 0.55 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF
RECORD.
BEARINGS SHOWN HEREON REFER TO THE EAST LINE OF SECTION 16, TOWNSHIP 48
SOUTH, RANGE :aa EAST, COLLIER COUNTY, FI..ORIDA AS BEING S.00'07'34"E.
HOLE MONTES, INC.
ceRTIF~A~e OF AU.' THORIZATION LB 111772
BY ~ ,#1. ~./ P.S.M.lt5628
THOMAS M. MURPHY STATE OF FLORIDA
1<^,It$>lHlCtJ\WIY-'OSLl>OC
N",,"' FOl1I.1)'1fl' VIMlIoe
EXHIBIT ~. (,
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L\qenda Item 1\10. 8e
r\Tovember 14. 2006
Page 334 of 511
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November 14, 2~Ob
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t\J~o\!ember 14, 2006
Page 33'3 of 511
TERAFINA
ON-SITE MITIGATION PRELIMINARY COST ESTIMATE
SFWMD PERMIT APPLICATION NO. 11-02055-P
October 5, 2006
\i~~,~t',~;{,f_~~.t;: i)L_,~~:-,' \~{:'::'-'~'.~7;:~~~~~:~~?f~~lJ'-:~1~1~.j:'~;-:1~~~f-;;:~~'~;~>-i':~/.'~ -?;,{. \. :} '; ~,: ~~~:,;:~;-.\ L~~.::_,,/'~'-~, ~':?~ \'.;
J1,!:"I", ',H", ;,,.:.,QY3,ntifi\'.\\ :1~ 't, I_ P n t.,L;\' ~ ?,V lilt: p..rj~e5-' ''- t.? ,; <l ",.~(),st : '
'~~~f~ I \~. :~.y:., i /::.~5~'~:~..,;:~~~:::/:~;,_'~ ~:~~,.:: ~~:t;~ -:'g(> ~:.:: '.\.~ / r' -: 'J'-,;~:-:-:;-"~ ::,:~: };: -,t',:-'I.':'~':::~S,~~: ,~:~" ~ti' ::~': :.;.>:::~:: ;.~ ~~,
Clear and rub mechanical 104.34 AC
Clear and grub by hand - 180.07 AC
exotic removal I herbicide
3 Excavation - Grading of 337,670 CY
wetland enhancement
Mechanical Clearing
4 Plantings - Trees and 23,230 EA
Shrubs
5 Mechanical Clearing 504,522 EA
Plantin s -Ground Cover
G Supplemental Plantings - 43,813 EA
Trees and Shrubs
7 Supplemental Plantings - 123,287 EA
Ground Cover
Sub-Total
8 284.4 I
9 I
Sub-Total
TOTAL
$ 2,500.00 $ 260,850.00
$ 1,500.00 $ 270,105.00
$ 1.75 $ 590,922.50
$ 7.00 $ 162,610.00
$ 0.50 $ 252,261.00
$ 5.00 $ 219,065.00
$ 0.50
$ 61,643.50
$1,817,457,00
$ 213,307.50
$ 50,000.00
$ 263,307.50
$2 080,764.50
$ 750.00
$ 50,000.00
IMaintenance is for five years at $150.00/acre (5 x $150.00 = $750.00)
2Monitoling is for fiveyellrs at $1 O,OOO.OO/year (5 x $10,000.00 = $50,000.00)
APPLICATION NUMBER
060713-9
~SEi5SUBMITTAL
OC~
LWC SERVICE CENTER
Passarella and Associates, Inc.
fi03GLH856 10/05/06
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Agenda Item No. Be
November 14.2006
Page 337 of 511
06102
rOm! II 05
STATE OF FLORIDA
PERFORMANCE BOND
TO DEMONSTRATE F1NANCIAL ASSURANCE
Date Bond executed:
Effective date
Principal:
G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership
Legal Name Rnd Business Address ofl'rincipal
1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323
ADD/REVISED SUBMITTAL!
[ OCT - 6 2006 l'
LWC SERVICE CENTER
Type of Organization:
o Individual
o Joint Venture
l8J Partnership
o Corporation
State ofIncorporation:Florida
License and Registration: The Surety is licensed and registered in the State of Florida.
Surety(ies):
Namc(s) and Buslncss Addresstes)
APPUCATION NUMBER
o 6 0. 7 1 3 - 9 .-
Scope of covet'age: Mitigation, maintenance and monitoring pursuant.,to,the requirements of permit
number 11-02055-P issued by the South Florida Water Management District ("Districtll) including the
plans approved by said permit.
Total penal stirn of Bond: $2,288,840.95
Surety's Bond number:
Period of Coverage: This Bond shall continue to be effective until notification of final release by the
District. The District shall provide this notification of final release within 30 days of de tel mining the
1
eXH\BIT
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Agenoa Item [\lo. Be
~~ovember 14, 2006
338of511
06/02
Form 1105
mitigation is successful in accordance with subsection 4.3.6. B.O.R" incorporated by reference into Rule
40E-4.091, Florida Administrative Code.
KNOW ALL PERSONS BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto are
firmly bound to the District in the above penal sum for the payment of which we bind ourselves, our
heirs, executors, administrators. successors, and assigns jointly and severally; provided that, where the
Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and
severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all
other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such
sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit
of liability shall be the full amoullt of the penal sum.
NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall successfully
complete mitigation, maintenance and monitoring to the satisfaction of the District which this
Perf01mance Bond ("Bond") guarantees, as required by District pelmit number 11-02055-P and the plans
approved by such pemlit, as such permit and plans may be amended, pursuant to all applicable laws,
statutes, rules, and regulations, as slIch laws, statutes, rules, and regulations may be amended,
Or, if the Principal shall provide alternate financial assurance, as specified in the administrative rules
of the District, and obtain the District's written approval of such assurance, within 90 days after the date
notice of cancellation is received by both the Principal and the District from the Surety(ies), then this
obligation shall be null <md void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on tbis Bond obligation only when the Principal has failed to
fulfill the conditions described above.
Upon notification by the Director of the Natural Resource Management Depat1ment of the District
that the Principal has been found in violation of the requirements of permit number 11-02055-P by
failing to perfonn the mitigation, maintenance and monitoring activities for which this Bond guarantees
perfonnance, the Surety(ies) shall, within 60 days of receiving such notice, either perform such
constmction and implementation in accord,mce with the permit and other permit requirements and
pursuant to the written directions of the District, or place the Bond amount guaranteed for the
mitigation, maintenance and monitoring (the total penal slim of this Bond) into a standby trust fund as
directed by the District.
Upon notification by the Director of the Department of Resource Management of the District that the
Principal has failed to provide altemate financial assurance and obtain written approval of such
assuratlce from the District during the 90 days following receipt by both tbe Principal atld the District of
a notice of cancellation of the Bond, the Surety(ies) shall place funds in the amount guaranteed for the
mitigation, maintenance and monitoring (the total penal sum of this Bond) into a standby tmst fund as
directed by the District.
APPLICATION NUMBER
060713-9
EXHIBIT
2 ~.B;',
I ADD/REVISED SUBMITtA.L .
r OCT - 6 2006 j
LWC SERVICE CENTER
Agenda Item ~~o. se
November 14. 2006
Page 339 of 511
06/02
F'oml 11 05
The Surety(ies) hereby waive(s) notification of amendments to the mitigation plans, pelmits,
applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in any way
alleviate its (their) obligation on this Bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments
hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum
shown on the face of the Bond, but in 110 event shall the obligation of the Surety(ies) hereunder exceed
the amount of said penal sum.
The Principal may telminate this Bond by sending written notice to the Surety(ies); provided,
however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization
for termination of the Bond by the District.
Principal and Surety(ies) hereby agree to adjust the penal sum of the Bond every two years so that it
guarantees increased or decreased mitigation, maintenance and monitoring cost provided that no
decrease in the penal sum takes place without the written permission of the District.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Bond and have affixed
their seals on the date set forth above,
The persons whose signatures appear below hereby cettifY that they are authorized to execute this
Bond on behalf of the Principal and Surety(ies).
PRINCI,P AL
(/ ~ --
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CORPORATE SURETY(lES)
For each co-surcty provide the following;
Liability Limit $
ArR~:~~D6 :~~MljL ;
LWC SERVICE CENTER
Signature
Name ami Address
Alan J. Fant, Vice President
Type Name and Tille
Stma of IllcOlporalion
APPLlCA nON NUMBER
u 6 Q 7 1 8 q 9 _..
Signature
Type Name and Tille
Corporate Seal Corporate Seal
3 EXHIBIT ~,8 ~
Agenda Item ~~o. Be
t>Jovember 14, 2006
Page 341 of 511
URBAN STORMWATER MANAGEMENT PROGRAM
FOR
8ATURNIA FALLS
1,0 Introduction
This document provides details of the Ur.ban Stormwater Management Program for Saturnia
Falls located in Naples, Florida Collier County (Section 16, Township 488, Range 26E).
This Plan discusses -non~struotural controls. intended to improve the quality of stormwater runoff
by reducing the generation and accumulation of potential stormwater runoff contaminants at or
near the respective sources for each constituent, along with significant structural components of
the primary stormwater treatment system. Although many of the methodologies and procedures
outlined In thIs document are general Best Management Practices (BMP's) which can be useful
in attenuating pollutants in many types of urbanized settings, the implementation of these
practices ha~) been optimized, to the maximum extent possible, to reflect the unique character of
Saturnia Falls and the surrounding hydrologic features.
Pollution pmvention guidelines are provided for the areas of (1) nutrient and pestiGide
management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance
of the stormwater management and treatment system; (5) routine water quality testing; and (6)
construction activities. A discussion of each of these activities is given in the following sections.
2.0 Nutrient and Pesticide Manaaement
Nutrient and pesticide management consists of a series of practices designed to manage the
use of fertilizers and pesticides so as to minimize loss of these compounds into stormwater
runoff and the resulting water quality impacts on adjacent waterbodies. Implementation of a
management plan will also maximize the effectiveness of the nutrients and pesticides that are
applied.
Each homeowner must commIt themselves 10 the practice of responsible and careful landscape
design and maintenance of each lot to prevent contamination of surface waters. The guidelines
included in this section are intended to help homeowners make educated environmental choices
regarding the maintenance of individual yards within the community. These maintenance and
management guidelines are meant to promote an attractive neighborhood that preserves the
health of adjacent waterways and environmental features,
2,1 General Reaulrements
A landscape plan must be developed for each residence. The plan must be comprehensive in
nature and follow the landscape design guidelines established by the Homeowners Association
and must promote revegetation of each lot as quickly as possible.
Commercial applicators of chemicai lawn products must register with the Homeowners
Assoclation annually and provide a copy of their current occupational license. proof of business
liability Insurance, and proof of compliance with applicable education and licensing
requirements, Individual employees working under the direction of a licensed commercial
applicator are exempt from the educational requirements.
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Agenda Item No. Be
~'Jovernber 14. 2006
342of511
Only registered commercial applicators and individual lot owners are permitted to apply
chemicals within the property on a private lot. All chemical products' must be used in
accordance with the manufacturer's recommendations. The application of any chemical product
within five (5) feet of any surface water including but not limited to ponds, lakes, drainage
ditches or canals, is prohibited. The use of any chemical product in a manner that will allow
airborne or waterborne entry of such products into surface water is prohibited. This rule shall
not apply to the use of chemical agents, by certified lake management specialists. for the control
of algae and vegetation within the stonnwater lakes or ponds.
2.2 Nutrient Manaaement Proaram
Management and application of nutrients and fertilizers in Saturnia Falls will adhere to the
following guidelines:
A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding.
B. No fertilizer containing in excess of 2% phosphate/phosphorus (P20S) per
guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be
applied to turf grass unless justified by a soil test.
C. Fertilizer containing in excess of 2% phosphate/phosphorus (PZ05) per guarante~d
analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of
a drainage facility.
D. All fertilizer shall be applied such that spreading of fertilizer on all impervious
surfaces is minimized.
E. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P205) per
guaranteed analysis label shall not be applied thorough an irrigation system within 10
feet of the edge of water or within 10 feet of a drainage facility,
F. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P205) per
guaranteed analysis label shall not be applied through high or medium mist
application or directed spray application within 1 0 feet of the edge of water or within
10 feet of a drainage facility.
2,3 Pest Mana~ement Program
Proper maintenance of plants and turf areas will minimize the ability of pests to successfully
attack landscaping. Several general guidelines follow:
A. Apply fertilizer and water only when needed and in moderate amounts. Excessive
amounts of either can cause rapid growth that is attractive to insects and disease.
B. Mow St. Augustine grass to a height of 3-4 inches. If cut shorter, the plants may
become stressed and more vulnerable to pest infestation. Each mowing should
remove no more than one-third of the leaf blade, and those cuttings should remain
on the lawn to decompose.
C. It is recommended that pesticides, fungicides. and herbicides be used only in
response to a specific problem and in the manner and amount recommended by the
manufacturer to address the specific problem. Broad application of pesticides,
fungicides and herbicides as a preventative measure is strongly discouraged.
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Agenda Item No. se
November 14. 2006
Page 343 of 511
The use of pesticides, fungicides, or herbicides is limited to products that meet the following
criteria:
A. Must be consistent with the USDA-NRCS Soli Rating for Selecting Pesticides
B, Must have the minimum potential for leaching into groundwater or Joss from runoff
C. Products must be EPA-approved
D. The half-life of products used shall not exceed seventy (70) days
3,0 street Sweeplna
This practice involve,s sweeping and vacuuming the primary streets to remove dry weather
accumulation of pollutants, especially particulate matter, before wash-off of these pollutants can
occur during a storm event. This practice reduces the potential for pollution impacts on
receiving waterbodles by removing particulate matter and associated chemical constituents.
Although street cleaning operations are frequently conducted primarily for aesthetic purposes,
the primary objective of the street sweeping program for the Saturnla Falls IS to improve the
quaHtyof stormwater runoff generated from impervious traffic areas. Street sweeping activities
can be particularly effectrve durlng periods of high leaf fall by removing solid leaf material and
the associated nutrient loadings from roadside areas where they could easily become
transported within stormwater flow.
Street sweeping operations will be performed in Saturnla Falls at a minimum frequency of one
event every other month. A licensed vendor using a vacuum-type sweeping device will perform
all street sweeping activities. Sweeping activities during each event will include all primary
street surfaces. Disposal of the collected solid residual will be the responsibility of the street
sweeping vendor.
4.0 2.Q!!9 Waste Management
In general, solid waste management involves Issues related to the management and handling of
urban refuse, litter and leaves that will minimize the impact of these constituents as water
pollutants,
Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises
prior to collection is considered the responsibility of the individual homeowner, Local
requirements for refuse collection will be brought to the attention of every homeowner at closing
for the sale of the property. Information will be distributed as necessary stating specifications
for containers, separation of waste by type, where to place containers prior to collection, and
established collection schedules.
Fallen tree leaves and other vegetation, along with grass clippings, may become direct waler
pollutants when they are allowed to accumulate in swales and street gutters. All homeowners
will receive periodic educational materIals that address proper disposal of leaves and other
vegetation to minimize water quality impacts.
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l\aenda ItSiTl r'~o_ 8e
i.,Jovernber 14. 2006
Page 344 of 511
5.0 Stormwater ManaQement and Treatment System
The stormwater management system for Saturnia Falls is designed to maXimize the
attenuation of stormwater generated pollutants prior to discharge to the off-site wetland
systems. Operational details and maintenance requirements of the various system components
are given in the following sections.
5.1 Wet Detention Lakes and Lake Interconnect Pipes
The basic element of the stormwater management system consists of a series of interconnected
wet detention ponds that provide stormwater treatment through a variety of physical, biological,
and chemical processes. A wet detention pond acts similar to a natural lake by temporarily
detaining stormwater runoff, allowing opportunities for treatment processes to occur, prior to
slow controlled discharge of the treated water through the outfall structure. Pollutant removal
processes in wet detention systems occur during the quiescent period between storm events.
Significant removal processes Include gravity settling of particulate matter; biological uptake of
nutrients and other ions by aquatic plants, algae and microorganisms; along with natural
chemical flocculation and complexation processes.
Maintenance of the wet detention ponds will consist of an annual inspection. During each
annual. inspection, the following items will be reviewed and corrected as necessary:
A. Inspect the outfall structure and orifices to ensure free-flowing conditions and overall
engineering stability of the outfall system.
B. Review the banks of the lakes and canals to ensure proper side slope stabilization
and inspect for signs of excessive seepage that may indicate areas of excessive
groundwater flow and possible subsurface channeling.
C. Pl1ysicallyevaluate each of the lakes and canals for evidence of excessive sediment
accumulation or erosion.
D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired
vegetation species, percent coverage, and density are maintained.
At the completion of the inspections, a written inspection report will be prepared. listing any
deficiencies that need to be addressed or corrected by the Homeowners Association,
5.2 Stormwater Inlets. Pipes and Culverts
The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for
any accumulation of sediment, trash such as garbage bags, or debris in the culverts connecting
these inlets. Flushing out with a high-pressure hose may clean some sediment. Any noted
blockage (due to a possible obstruction, or broken pipe, etc.) should prompt further
investigation. Crushed or corroded culverts should be replaced with new ones of the same size.
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Agenda Item No. se
t~ovember 14, 2006
Page 345 of 511
5.3 Swales and Grassed Water StoraQe Araas
These provide for conveyance and/or above-ground (or surface) storage of stormwater. With
age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded
and/or revegetated. It Is a good idea to compare the existing slope and dimensions of the swale
with the permitted design plans prior to the removal of excess sediment or regrading. Areas
that show erosion should be stabilized with appropriate material such as sod, planting, rock,
sand bags, or other synthetic geotextile material.
Regular mowing of grass swales is essential. These areas also improve water quality by
catching sediment and assimilating nutrients, and recharge the underground water table.
Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked
for blockage, and, If necessary, flushed with a high-pressure hose. After a storm, swales may
remain wet for an extended period of time. This is normal 'and the water will recede gradually.
5.4 Ditches or Canals
Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags,
shopping carts, tires, cars, etc. should be completely removed. Also check to make sure there
are no dead trees or any type of obstructions which courd block the drainage flow way.
Maintenance cleaning/excavation must be limited to the same depth, width and side slope as
approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit
modification. Provisions must also be made to prevent any downstream silting or turbidity
(Contact the SFWMD Resource Compliance staff if you are unsure or need clarification.) Be
sure to dispose of all removed material properly so it won't affect any other water storage or
conveyance system, environmental area, or another owner's property.
5.5 Outfall Structure (also called the Olscharaed Control Structure or Weir)
The outfall structure should be routinely inspected to determine if any obstructions are present
or repairs are needed. Trash or vegetation impeding water flow through the structure should be
removed. The structure should have a "baffle" or trash collector to prevent flow blockage and
also hold back any floating oils from moving downstream. Elevations and dimensions should be
verified annually with all current permit information, Periodic inspections should then be
regulariy conducted to make sure these structures maintain the proper water levels and the
ability to discharge.
5.6 Earthen Embankments (Dikes and Berms)
Check for proper elevations, width and stabllization. Worn down berms - especially if used by
all-terrain vehicles or equestrian traffic - and ralnfall- created washouts should be immediately
repaired, compacted and re-vegetated.
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Aoenda item r\Jo. 8e
!'Jovember 14,200'3
Page 346 of 511
6.0 Water Qualitv Testing
TO ensure proper operation of the overall treatment system, monitoring will be performed at one
outfall (SW-1) from Saturnla Falls if there is a flow over the weirs. According to the proposed
Water Quality Monitoring Plan. monitoring may occur 3 times a year, once during the dry
season (February/March) and twice during the wet season (AugusUSeptember). A manual grab
sample will be collected at the SW-1 outfall location and analyzed for various constituents and
parameters as described in the Surface Water Quality Monitoring Plan. Trained and certified
personnel will perform sample collection and laboratory analysis. The results of the laboratory
analyses will be submitted to South Florida Water Management District as part of an annual
water quality monitoring report by December 31 of each year.
7,0 Construction Activities
A stormwater Pollution Prevention Plan (SWPPP) has been prepared for construction activities
to minimize activities contamination that may be caused by erosion and sedimentation during
the construction process. The plan includes provisions related to soil stabilization, structural
erosion controls, waste collection disposal. offsite vehicle tracking, spill prevention and
maintenance and inspection procedures. A copy of the SWPPP is attached hereto and macle a
part of hereof.
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Agenda Item No. 8e
t,lp emr>Ar 14 ?006
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OCT 2 6 2006
LWC SERVICE CENTER
THIS CONTROL STRUCTURE AGREEMENT (the "Agreement") is made and enterealtmnl'iis-_...... ... ...._-
26th day of October, 2006, by and among SOUTH FLORIDA WATER MANAGEMENT DISTRICT/BIG
CYPRESS BASIN, a public corporation of the State of Florida, whose mailing address is 3301 Gun Club
Road, West Palm Beach. Florida 33406 (the "Dlstrlcr), G.L. HOMES OF NAPLES ASSOCIATES II, LTD.,
a Florida limited partnership, whose mailing address is 1600 Sawgrass Corporate Parkway, Suite 300,
Sunrise, Florida 33323 ("Naples 11"), and SATURNIA FALLS HOMEOWNERS ASSOCIATION, INC., a
not-for-profit Florida corporation (the "Association"). The District, Naples II and the Association are
sometimes referred to herein individually as a "Party" and collectively as the "Parties".
CONTROL STRUCTURE AGREEMENT
WITNESSETH
WHEREAS, the DIstrict Is an agency of the State of Florida, created by the Florida Legislature
and given those powers and responsibilities enumerated In Chapter 373, Florida Statutes (including,
without limitation, the right and authority to enter Into contracts pursuant to Section 373.083, Florida
Statutes); and
WHEREAS, Naples II is the owner of that certain land situated In Collier County, Florida more
particularry de:.crlbed on Exhibit "A" attached hereto and made a part hereof (the "Property") upon which
Naples II Intends to develop and construct a residential community commonly known as "Saturnia Falls"
(the "Communlty"); and
WHEREAS, the Association is the entity that has been formed to administer, operate, maintain
and ultimately own the common areas of the Community pursuant to that certain Declaration of
Covenants, Rl~strictions and Easements for Saturnla Fans (as the same may be amended, modified
and/or supplemented from time to time, the "Declaration") to be recorded in the Public Records of Collier
County, Florida against that portion of the Property comprising the Community; and
WHEREAS, Naples II intends to construct two (2) water control structures (individually a "Control
Structure" and collectively the "Control Structures") within the Community with one Control Structure
being constructed within that portion of the common area of the Community more particularly described
on Exhibit "B" attached hereto and made a part hereof, and one Control Structure being constructed
within that portion of the common area of the Community more particularly described on Exhibit .C"
attached hereto and made a part hereof; and
WHEREAS, after the Control Structures have been constructed by Naples II, the (a) District shall
have the right, duty and obllgation to operate the Control Structures. and (b) Association shall have the
right. duty and obligation to maintain, repair and replace the Control Structures in accordance with and as
provided in this Agreement and the Declaration; and
WHEREAS, the Parties now seek to enter into and execute this Agreement to set forth their
respective rights, duties and obligations with respect to the construction, operation, maintenance, repair
and replacement of the Control Structures.
NOW, THEREFORE, in consideration of Ten and No/100 ($10.00) Dollars and other good and
valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, the
Parties, intending to be legally bound, do hereby agree as follows:
1. Recitals. The Recitals set forth above are true and correct and are incorporated herein
by this reference.
2. Construction of the Control Structures. Naples II shall, at its sole cost and expense,
design, permit and construct the Control Structures in accordance with all applicable statutes, rules,
regulations, ordinances, codes, permits and approvals. Naples 11 shall design and construct the Control
Structures wilh a telemetry system that is compatible with the District's Big Cypress Basin Service Center
operations. The Control Structures, after they have been constructed by Naples II, shall be "AssocIation
Property" (as defined in the Declaration) that is owned by the Association and maintained, repaired and
replaced by the Association in accordance with and as provjded In this Agreement and the Declaration.
1
EXHIBIT .-5.00
APPLICATION NUMBER
OI;(}'11 C)...f\
Aoenda Item r-.Jo. Be
rJovember 14. 2006
Page 348 of 511
Naples II shall have no duty, obligation or liability to operate, maintain, repair or replace the Control
Structures once the same have been completed and become Association Property,
4. Ooeratlon of the Control Structures. After the Control Structures have been constructed
by Naples II, the District shall, at Its sole cost and expense, operate the Control Structures in accordance
with: (a) the "Operating Schedule" set forth on the engineering plans prepared by Hole Montes for the
community; (b) applicable statutes, rules and regulations: and (c) its own standard business practices. In
that regard, Naples II and the Association hereby give and grant the District the right and authority to so
operate the Control Structures including, without limitation, the right to come Into the Community pursuant
to the grant of easement set forth in paragraph 6 below.
5. Maintenance of the Control Structures. The Association shall, at its sole cost and
expense, maintain, repair and replace the Control Structures as necessary to keep the Control Structures
In good working order, condition and repair. If, however, the Association fails to maintain, repair or
replace the Control Structures in accordance with and as provided in this Agreement and/or the
Declaration, then the District shall have the right to: (a) enter the Community pursuant to the grant of
easement set forth in paragraph 6 below and perform any such maintenance. repair and/or replacement
work at the cost and expense of the Association, and the Association shall promptly reimburse the District
any fees, costs and/or expenses Incurred by the District in performing the same; or (b) commence an
action against the Association (including, without limitation, monetary penalties and injunctive relief) to
compel the Association to maintain, repair and/or replace the Control Structures in accordance with and
as provided in this Agreement and/or the Declaration.
6. Grant of Easement. Naples II and the Association hereby give and grant to and in favor
of the District a perpetual, nonexclusive ingress. egress and access easement over and across aU private
streets and dedicated access easements located within the Community that are created by any plat of the
Property so that the District can obtain ingress, egress and access to and from the Control Structures at
all times in order for the District to exercise any of Its rights, duties and/or obligations under this
Agreement and/or in the Declaration.
7. Notices. All notIces to be given under this Agreement shall be in writing and sent to the
Parties at the addresses hereinafter provided, by hand delivery; certified mail, return receipt requested,
postage prepaid; or by a nationally recognized overnight courier service. Any such notice shall be
deemed given upon receipt if hand delivered (or attempted delivery if refused by the intended recipient
thereof); on the third (3rd) day fOllowing deposit thereof In the UnIted States mail provided such mailing
was by certified mail, return receipt requested, postage prepaid; or on the next business day after deposit
with a recognized overnight courier service.
If to the District:
South Florida Water Management DistricUBig Cypress Basin
3301 Gun Club Road
West Palm Beach, Florida 33406
Attn: Division of Procurement and Contract Administration
If to Naples II:
G.L. Homes of Naples Associates II, Ltd.
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, Florida 33323
Atln: Division President
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EXHIBIT 5,0{
With a copy to:
G.L. Homos of Naples Associates II. Ltd.
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, Florida 33323
Altn: General Counsel
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If to the Association:
Saturnia Falls Homeowners Association, Inc.
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, Florida 33323
Alln: President
With a copy to:
G.L. Homes of Naples Associates II, Ltd.
2
Agenda Item r<~o. 8e
November 14, 2006
Page 349 of 511
1600 Sawgrass Corporate Parkway. Suite 300
Sunrise, Florida 33323
AUn: General Counsel
8. Miscellaneous.
(a) This Agreement shall be construed and governed In accordance with laws of the
State of Florida, and in the event of any litigation hereunder. the venue for any such litigation. shall be in
Collier County, Florida, and In any such litigation, the prevailing Party shall be reimbursed by the non-
prevailing Party all fees, costs and expenses (Including, without limltatron, all reasonable attorneys' fees and
costs at all trial and appellate levels and proceedings) incurred by the prevailing Party therein. The Parties
have participated fully in the negotiation and preparation of this Agreement, and accordingly, this Agreement
shall not be more strictly construed agalnst anyone of the Parties. In the event any provision of this
Agreement is determined by appropriate judicial authority to be Illegal or otherwise Invalid, such provision
shall be either stricken or given Its nearest legal meaning (as such authority determines), and the remainder
of this Agreement shall remain In full force and effect. In construing this Agreement, unless the context
clearly and unambiguously intends otherwise. the singular shall be deemed to include the plural. the plural
shall be deemed to include the singular and the use of any gender shall include every other gender.
(b) The Parties agree that this Agreement may be executed in multiple counterparts,
each of which indIvidually shall be deemed an original. but when taken together shall be deemed to be one
and the same Agreement. This Agreement constitutes the entire agreement between the Parties and
supersedes and replaces any other or prior agreement or understanding of the Parties with respect to the
matters contained herein. This Agreement may not be amended, modified or terminated except in writing
signed by the Party against whom enforcement of such amendment, modification or termtnation is sought.
No waiver of ~lnY term, provision. condition, covenant or agreement herein contained by a Party shall be
effective unless set forth in a writing signed by such Party, and any such waiver shall be effective only to the
extent set forth in such writing. The failure to exercise or the delay in exercising any right, power or privilege
by a Party hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any
right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any right
or remedy provided at law or in equity.
(c) The headings of the sections, paragraphs and subparagraphs of this Agreement are
for the convenience of reference only, are not to be considered a part hereof and shall not limit or otherwise
affect any of the terms or provisions of this Agreement. This Agreement shall become effective on the date
on which the last of Parties execute the same. Whenever in this Agreement one of the Parties is named or
referred to, the heirs. legal representatives, successors and assigns of such Party shall be included, and all
terms, conditions, covenants and other provisions contained In this Agreement shall be binding upon and
inure to the benefit of each Party's respective heirs, legal representatives, successors and assigns.
[signature follows on next page]
APPLICATION NUMBER
060'713"'!9
3
EXHIBIT So L
l\qenda !terri No. 8C~
~Jovernber 14. 2006
Page 350 of 511
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first
set forth above.
Witnesses:
NAPLES II:
G.L. HOMES OF NAPLES ASSOCIATES II, L TO., a
Florida limited partnership
By:
GL HOMES OF NAPLES 11 CORPORATION, a
FlorIda corporation, Its general partner
Print:
By:
Name:
Its:
Date:
Print:
pri~l- ~b
ASSOCIATION:
SATURNIA FALLS HOMEOWNERS ASSOCIATlON,
INC., a not-for-profit Florida corporation
fi,q,J .1"
By:
Name:
Its:
Date:
,-~uJQfT:
' '~A~:J ).ll+e
10Ill/lol,..
Print:
SFWMD:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Name:
Its: Executive Director
Executed on:
Form Approved By:
SFWMD Legal Counsel
Date
EXHIBIT S-:03
4
Agenda Item ~~o. se
~~ovember 14. 2006
Page 351 of 511
EXHIBIT II A"
The Leaal Descriotion of the Prooerty
All of Section 16. Township 48 South. Range 26 East, excepting the west 80' thereof.
EXHIBIT SO ~
5
,l\oenda Item [\10. 8e
~-rovember 14, 2006
Page 352 of 511
EXHIBIT "B"
The Leaal Description of location of one (1) Control Structure
Tract L.4 of Saturnla Falls - Plat One, according to the Plat thereof, \0 be recorded in the Public Records
of Collier County, Florida.
EXHIBIT 5'.Dl)'~
6
Agenda Item No. se
~..Jovember 14, 2006
Page 353 of 511
EXHIBIT lie"
The LeQal Descriotion of location of one (1) Control Structure
Tract OS-3 of Saturnia Falls - Plat One,accordlng to the Plat thereof, to be recorded in the Public
Records of Collier County, Florida.
7
EXHIBIT SOb
Agenda item I'b. se
November 14. 2006
Page 354 of 511
STAFF REPORT DISTRIBUTION liST
SATURNIA FALLS (F,K,A TERAFINA P.U.D)
Application No: 060713-9
Permit No: 11-02D55-P
INTERNAL D1STRIBUTION
X Edward Cronyn - 2261
X Pakorn Sutitarnnontr, P.E. - 2261
X William Foley, P.E. - 2261
X A. Bain - 4250
X A. Waterhouse - 4220
X Bill Foley-6861
X C. Tears - 6861
X ERG Engineering - 6861
X ERC Environmental - 6861
X Fort Myers Backup File - 6861
X J. Golden - 4210
X Permit File
EXTERNAL DISTRIBUTION
X Perrnittee - G.L. Homes Of Naples Associates 11, Ltd.
X Agent - Hole Montes Inc,
X Attorney - Quarles And Brady LIp
X Attorney - Ruden, Mcclosky, Smith, Schuster, Russel,
P.A.
X Engr Consultant . Taylor Engineering Inc.
X Env Consultant - Passarella And Associates, Inc.
X Other Interested Party - Banks Engineering
GOVERNMENT AGENCIES
Mr. Harkley R. Thornton
Mr, Kevin McCarty
Mr. Lennart Lindahl
Mr. Malcolm S. Wade, Jr.
Mr. Michael Collins
Mr. Nicolas Gutierrez, Jr.
Ms. Allee J Carlson
Ms. Irela Bague
Ms. Miya Burt-Stewart
X Collier County - Agricultural Agent
X CoJiier County Engineer Engineering Review Services
X Div of Recreation and Park - District 4 - FDEP
X FDEP
X Florida Fish & Wildlife Conservation Commission -
Imperiled Species Mgmt Section
X Stan Chrzanowski - Collier County
X Susan Mason - Collier County
GOVERNING BOARD MEMBERS
OTHER INTERESTED PARTIES
X Audubon of Florida . Charles Lee
X Banks Engineering - David R Underhill
X Brian Farrar - Ronto Homes
X Conservancy of Southwest Florida
X Florida Audubon Society - Brad Cornell
X Florida Wildlife Federation - Nancy Anne Payton
X Franklin Adams
X Leonore Reich
X National Audubon Society, Inc.
X National WiidJife Federation - Laura Hartt
X Robert Claussen - I.M. Collier, J.V.
X Ronald Waldrop, P.E.
X S.W.F.R.P.C.
"
""
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Agenda,.J.t~ru btq. afu S",
Noven'fOEW ->>rMl!l&l
page~~JX b'~
/9'15. iJP7
,
7:-"'
"
3301 Gun Club ROlid, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-BOo-432-20<iS · TDD (561) 697-2574
Mailing Address: p.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
March 3, 2004
GLH Development, LLLP
1401 University Drive - Ste 200
€'Oral-.(lables) ,FL 33071
Subject: Application No. 030709-15, Terafina PUD
Collier County, S 16rr 48 S/R26~
Enclosed is a copy of the South Florida Wat~ Management District's staff report covering
the permit application referenced therein. It is requested that you read this staff report
thoroughly ana understand its contents. The reconunendations as stated in the staff report
will be presented to our Governing Board for consideration on Wednesday, March 10,
2004 beginning at 8:30am at Parrot Jungle Island, 1111 Parrot Jungle Island Trail,
Miami, .
FiECEIVED
MAR 0 5 20D~ .
HOLE MONTES, INC.
Should you wish to object to the staff recomme~ldation or file a petition, please provide
written objections) petitions and/or waivers (refer to the attached "Notice of Rights' I) to: .
Elizabeth Veguilla, Deputy Clerk
South Florida Water Management District
Post Office Box 24680
West Palm Beach, Florida 33416-4680
The IINoticeof Rights" addresses the procedures to be followed if you desire a public
hearing or other review of the proposed agency action. You are advised, however, to be
prepared to defend your IJosition regarding the permit application when it is considered by
the Governing Board for final agency action, even if you agree with the staff
recommendation, as the Governing Board may take final agency action which differs
materially from the proposed agency action. .
Please contact the District if you have any questions concerning this matter.
'. CERTIFICATE OF SERVICE
I JIEREBY CERTIFY, that a "Notice. of Rig~tstl has been mai~ed to the addressee this
3 day of March, 2004 m accordance With SectIOn 120.60 (3), Flonda Statutes;
Sincerely,
C'J--......,
'L---/a~~~
---- . (,.... (
~_..;:::/
v;/ "":~""---'---L.
Damon Meiers, P.E., Deputy Director
Environmental Resource Regulation Department
DM/gh
CERTIFIED #70023150000337389344
RETURN RECEIPT REQUESTED
PVDEX-2006-AR_961O
Project: 2002050014
Date: 817/06 DUE: 8/21/06
REV: 2
GOVERNrNG BOAlw
EXEClITJ\lli OFFICE
Nicolas J. Guti~nez. Jr" Esq.. Otnir
P~niP'~ Rl"flnks..1'hflIT1afi, Vicr-CJwir
Michae~ Collin~
lIur;h M. Engli~h
Kevin McC~r!y
Harkley R. Tnornton
Henry Dean, Exemtil't: Din,clLlr
.Agenda itern No. se
~~ovember 14.2006
Page 356 of 511
NOTICE 0 RIGHTS
Section 120.569(1), Fla. Stat. (1999), requrres that "each not[ e shall Inform the recipient of any administrative hearing or
judicial review that is available under this section, s. 120.57 or s. 120.68; shall Indicate the procedure whIch must be
followed to obtain the hearing or judicial review, and shall stat the time limIts which apply." Please note that this Notice of
Rights Is not intended to provide legal advice. Not all the I gal proceedings detailed below may be an applicable or
appropriate remedy. You may wish to consult an attorney rega dIng your legal rIghts,
Petition for Administrative Proceedings
1. A parson whose substantial interests are
affected by the South Florida Water Management District's
(SFWMD) action has Ihe right to requesl an !'ldminlstrative
hearing on that action. The affecled person may request
either a formal or a\1lnformal hearing, as set forth below. A
point of entry into administrative proceedings is governed
by Aules 28-106.111 and 40E-1.511, Fla. Admin, Code,
(also published as an exception to the Uniform Rules of
Procedure as Rule 40E-O.109), as set forth below.
Petitions are deemed flied upon receipt of the original
documents by the SFWMD Clerk.
a. Formal Administrative Hearino: If a
genuine issue(s) of material fact Is in dIspute, the affected
person seeking a formal hearing on a SFWMD decision
whIch does or may determine their substantial interests
shall fite a petition lor hearing pursuant to Sections 120.569
. and 120.57(1), Fla. Stal. or for mediation pursuant to.
Section 120,573, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below, of either written
notice through mail ar pasting ar publication of notice that
the SFWMD has or fntends to take final agency action.
Petllions must substantially camply with Ihe requirements
of Rule 28-106.201(2), Fla. Admin. Code, a copy of the
whIch IS attached to this Notice of Rights.
b. Informal Administrative HearinQ: If there
are no issues 01 material fact in dispute, the affected
person seeking an informal hearing on a SFWMD decision
which does or may determine their substantial interests
shalllile a petition for hearing pursuant to Sections 120.569
and 120.57(2), Fla. Stat. or for mediation pursuant 10
Section 120.573, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below, of ellher written
notice through mail or posting or publication of notice that
the SFWMD has ar intends to take final agency action.
Petitions must substantially comply with the requirements
af Rule 28-106,301(2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
c. Administrative Complaint and Order:
If a Respondent objects to a SFWMD Administrative
Complaint and Order, pursuant to Section 373.119, Fla.
Stat. (1997), the person named In the Administrative
Complaint and Order may file a petitian for a hearing no
later tha.n 14 days after the date such order is served.
Petitions must SUbstantially comply with the requirements
of either subsection a. or b. above.
d. State Lands Environmental Resource
Permit: Pursuant to Seotlon 373.427, "Fla. Stat., and Rula
40E-1.511 (3), Fla. Admin. Code (also published as an
exception to the Uniform Rules of Procedure as Rule 40E-
0.109(2)(c)), a petition objecting to .the SFWMD's agency
acllon regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign
Submerged Lands (SLERPs), must be filed within 14 days
of the notIce of consolidated intent to grant or deny the
SLERP. Petitions must substantially comply with the
requirements of either subsection a. or b. above.
e. Emeroency Authorization and Order:
A person whose substantial Interests are affected by a
SFWMD Emergency Authorlzatlon and Order, has a right
to file a petitron under Sections 120,569, 120.57(1), and
120.57(2), Fla. Stat., as provided in subsections a. and b.
above. However, the person, or the agent of the person
responsible for causing or contributing to. the emergency
conditions shall take whatever action necessary to cause
immediate compliance .wtth the terms of the Emergency
Authorizatlon and Order.
f. Order for Emerqencv Action: A person
whose substantial Interests are affected by a SFWMD
Order for Emorgency Action has a right to filo a petition.'
pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin.
Code, copies of which are attached to this Notice of Rights,
and Section 373.119(3), Fla. Stat., for a hearing on the
Order, Any subsequent agency action or proposed agency
action to initiate a formal revocation proceeding shall be
separately noticed pursuant to. section g. below.
I g. Permit Suspension, Revocation,
Annulment, and Withdrawal: [f the SFWMD issues an
administrative complaint to suspend, revoke, annul, or
I withdraw a permit, the pennittee may request a hearing to
be conducted in accordance with Sections 120.569 and
\120.57, Fla. StaL, within 21 days of either written notice
through mail or posting or publication of notice that the
SAJi/MD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-107.004(3), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights. .
2. Because the administrative hearing process
is designed to formulate final agency action, the Hling of
a petition means that the SFW MD's final action may be
different from the position taken by it previousty.
Persons whose substantial interests may be affected by
Revised August, 2000
any' such final decision of the SFWMD shall have,
pursuant to RUle 40E.1.511{2}, Fla. Admin. Code (also
published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109(2)(c)), an additional 21
days from the date of receipt of notice of said decision to
request an administrative hearing. However, the scope of
the administrative hearing shall be IIm1ted to the
substantial deviation, .
3. Pursuant to Aule 40E-1.511(4), Fl~. Adm!n,
Code, substantially affected persons entitled to a hearing
pursuant to Section 120.57(1}, Fla. Stat., may waive their
right to such a hearing and request an informal hearing
before the Governing Board pursuant to Section 120.57{2},
Fla. Stat., which may be granted at the option oi the
Governing Board. .
4. Pursuant to Rule 28-106.111 (3), Fla. AdmIn.
Cods, persons may file wlth the SFWMD a request for
extension of time far filing a petition. The SFWMD, tor
good cause shown, may grant the extension. The request
for extension must contain a certificate that the petitloner
has 'consulted with all other parties, if any, concerning the
extension and that the SFWMD and all other parties agree
to the extenslon.
CIRCUIT COURT
5. Pursuant to Section 373.617, Fla. Stat., any
SUbstantially affected person who claims that final agency
action of. the SFWMD relating to permit decisions
constitutes an unconstitutional taking of property without
just compensation may seek judicial review of the action in
circuit court by filing a civil action In the circuli court In the
judicial circuit In which the affected property is located
within 90 days of the rendering of the SFWMD's final
agency acllon.
6, Pursuant to Section 403.412, Fla. Stat., any
citizen of Florida may. bring an action for injunctlve relief
against the SFWMD to compel the SFWMD to enforce 1he
laws of Chapter' 373, Fla. Stat., and Title 40E, Fla. Admin.
Code. The complaining party must file with the SFWMD
Clerk a verified complaint setllng forth the facts upon which
the complaint is based and the manner in which tho
complaining party is affected, If the SFWMD does not take
appropriate action on the complaint within 30 days of
receipt, the complaining ~arty may then tHe a civil suit for
injunctive rellef in the 15 n Judicial Circuit in and for Palm
Beach County or circuit court in the county where the
cause of action allegedly occurred.
7. Pursuant to Sectlon 373.433, Fla. Stat. a
private citizen of Florida may file suit in circuit court to
require the abatement of any stormwater management
system, dam, impoundment, reservoir, appurtenant work or
works that violate the provisions of Chapter 373, Fla. Stat.
Agenda Item No. 8e
November 14. 2006
Page 357 of 511
DISTRICT COURT OF APPEAL
8. Pursuant to Section 120.68, Fla. Stat., a party
who is adversely affected by final SFWMD action may
seek judicIal review of the SFWMD's final decision by filing
a notice of appeal pursuant to FlorIda Rule of Appellate
Procedure 9.110 In the Fourth District Court. of Appeal or In
the appell~te distrIct where a party resides and filing a
second copy of the notice with the SFWMD Clerk within 30
days of re"nderlng of the final SFWMD action.
LAND AND WATER ADJUDICATOFlY COMMISSION
9. A party to a "proceeding below" may seek
review by the Land and. Water Adjudicatory Commission
(FLAW AC) of SFWMD's final agency action to determine If
such action Is consistent with the provIsions and purposes
of Chapter 373, Fla. Stat. Pursuant to Section 373.114,
Fla. Stat., and Rulas 42-2,013 and 42-2.0132, Fla. Admin.
Code, a request for review of (a) an order or rula of the
SFWMD must be filed with FLAWAC within 20 days after
rendition of the order or adoption of the rule sought to be
reviewed; (b) an order of the Department of Environmental
Protection (DEP) requIring amendment or repeal of a
SFWMD rule must be flied with FLAW AC wJthin 30 days of
rendition of the.DEP's order, and (0) a SFWMD order
entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Stat., must be flied no later than 20
days after rendilion of the SFW,MD's final order.
Simultaneous with filing, a copy' of the request for review
must be served on the DEP Secretary, any person named
in the SFWMD or OEP final order, and all parlies to the
proceeding below. A copy of Rule 42-2.013, Fla. Admin.
Code is attached to this Notice of Rights.
PRIV ATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific Bellon
of the SFWMD has inordinately burdened an.exisUng use
of the real property, or a vested .right to a speoific, use of
the real properly, may file a claim In the circuit court where
the real property is located within 1 year of the SFWMD
action pursuant to the procedures sel forth In Subsection
70.001 (4){a), Fla. Stat.
LAND USE AND ENVIRONMENTAL DiSPUTE RESOLUTION
11. A property owner who alleges that a SFWMD
development order (as that term Is defined in Section
70.51 (2)(a), Fla. Stat. to include permits) or SFWMD
enforcement action is unreasonable, or unfairly burdens
ttle use of the real property, may file a request 10r relief
with the SFWMD within 30 days of receipt of the SFWMD's
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51 (4) and (6), Fla. Stat.
MEDIATION
12. A person whose substantial interests are,
or may be, affected by the SFWMD's action may choose
mediation as an alternative remedy under Section 120.573,
Fla. Stat. Pursuant to Rule 28-106.111(2}, Fla. Admin,
eode, the petition for mediation shall be filed within 21
days 01 either written notice through mail or posting or
RAvised August, 2000
publication of notice that the SFWMD' has or intends to
take final agency action. Choosing medIation will not affect
the right to an administrative hearing if mediation does not
result In settlement.
Pursuant to Rule 28-106.402, Fla, AdmIn. Code, the
contents of the petition for mediation shall contain the
'followlng information:
(1) the name, address, and telephone
number of the parson' requesting mediation and that
person's representatl",e, If any;
(2) a statement of the preliminary agency.
(3) an explanation of how the person's
substantial interests will be affected by the agency
determination; and .
(4) a statement of relief sought. .
As provided in Section 120,573, Fla. Stat. (1997), the
timely agreement of all the partIes to mediate will toll the
time Ilmltatlons imposed by Sections 120,569 and 120.57,
Fla. Stat., for requesting and holding an administrative
hearing. Unless otherwise agreed by the par1;es, the
mediation must be concluded within 60 days of the
execution of the agreement. If mediation results In
settlement of the dispute, the SFWMD must enter a flnal
order incorporating the agreement of the parties. Persons
whose substantial interest will be affected by such a
modified agency declsion have a right to petition for
hearing within 21 days of receipt of the firml order In
accordance with the requirements of Sections 120.569 and
120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla.
Admin. Code, If mediation terminates without setllement of
the dispute, the SFWMD shall notify all partIes in wriling
that the administrative hearing process under Sections
120.569 and 120.57, Fla. Stat., remain available for
disposition of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action.
acHon;
V AAIANC ES AND W AIIJERS
13. A person who is subject to regulation
pursuant to a SFWMD rule and believes the applicatIon of
that rule will create a substantIal hardship or will violate
principles of fairness (as those terms are defined In
Subsection 120.542(2), Fla. Stat.) and can demonstrate
that the purpose of the underlying statute will be or has
been achieved by other means, may file a petition with the
SFWMD Clerk requesting a variance from or waiver of the
SFWMD rule. Applying for a variance or waiver does not
substitute or extend trl8 time for filing a petition for an
administratlve hearing or exercising any other right that a
parson may have concerning the SFWMD's action.
Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the
petition must include the following information:
(a) the caption shall read:
Potition for (Variance from) or (VVaiver of} Rule (Citation)
(lJ) The name, address, telephone number
and any lacsimlle number of the petitioner;
.AGenda Item r~o. se
rJovember 14. 2006
Page 358 of 511
(c) The name, address telephone number
and any facsimile number of the attorney -or qualified
representative of the petitioner, (If any);
(d) the applicable rule or portion 'of the rule;
(e) the citation to the statue the rule is
implementing;
(f) . the type of action requested;
(g) the specific facts that demonstrate a
substantial hardshIp or violatio,! of principals of faIrness
that would justify a waiver or variance for the petitioner;
(h) the reason why the variance or the waiver
requested would serve the purposes of the underlying
statute; and
(i) a statement of whether the variance or
waiver. Is permanent or temporary, If the variance or
waiver is temporary, the petition shall include the dates
indicating the duration of the requested varlanco or waiver,
A person requesting an' emergency variance from or
waiver of a SFWMD rule must clearly so state in the
caption of the petition, In addition to the requirements of
SectIon 120.542(5), Fla. Stat. pursuant to Rule 28.
104.004(2), Fla. Admin. Code, the petition must also
include:
a) the specific facls that make the situation al1
emergency; and
. b) the specific facts to show that the petitioner will
suffer immediate adverse effect unless the variance or
waiver Is Issued by the SFWMD more expeditiously than
the applicable timeframes set forth in Section 120.542, Fla.
Stat.
WAIVER OF RIGHTS
14. Failure 10 observe the relevant time
frames prescribed above will constitute a waiver of such
right.
28-106,201
INITIATION OF PROCEEDINGS
(INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
(2) All petitions flJed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner; the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanatIon of how the petittoner's
substantial interests will be affected by lhe agency
detem)jnation;
(c) A statement of when and how the petitioner
. received notice of the agency decision;
(d) A statement of all disputed issues of material fact.
If there are none, the petition must so Indicate;
(e) A concise statement of Ule uiUmate rae\s alleged,
as well as the rules and statutes which entitle the petitioner
to roliet; and
(t) A demand for relief.
Revised August. 2000
28~106_301 INITIATION OF PROCEEDINGS .
(NOT INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
{2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or I~entiflcatlon number, if known;
(b) The name, addres~l and telephone number of the
petltloner; the name. address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petItioner's
substantial Interests wlll be affected by the agency
determination;
(c) A statement of when and how tha petitioner
received notice of the agency decision;
(d) A concise statement of the ultimate faots alleged,
as well as the rules and statutes which entitle the petItioner
to relief; and .
(e) A demand'for relief.
28-107.004 SUSPENSION, REV09ATION, ANNULMENT,
OR WITHDRAWAL
(3) Requests for hearing filed In accordance With this
rule shall Include:
(a) The name and address of the party making the
request, for purposes of service;
(b) A statement that the party Is requesting a hearing
inVOlving disputed issues of material fact, or a hearing not
involving disputed issues of material fact; and
(c) A reference to the notice, order to show cause,
administratlve complaint, or other communication that the
party has received from the agency.
42~2,013 REQUEST FOR REVIEW PURSUANT TO
SECTION 373.114 OR 373,217
(1) In any proceeding arising under Chapter 373, F.S.,
review by the Florida Land and Water Adjudicatory
Commission may be Initiated by the Department or a party
by filing a request for such review with the Secretary of the
Commission and serving a copy on any person named In
the rule or order, and on all parties. to the proceeding
which resulted in the order sought to be reviewed. A
certificate of service showing. completIon of service as
required by th Is subsection shall be a raquiremE!nt for a
determinaUon of sufficIency under Rule 42-2.0132. Failure
to file the request with the CommIssIon within the time
period provIded in Rule 42-2.0132 shall result in dismissal
of the request for review.
(2) The request for review shall identify the rule or order
requested to be reviewed, the proceeding In which the rule
or order was entered and the nature of the rule or order. A
copy of the rule or order sought 10 be reviewed shall be
attached. The request for review shall state with
particularity:
(a) How the order or rule conflicts with the
requirements, provisions and purposes of Chapter 373,
F.S., or rules duly adopted thereunder;
Agenda Item No. se
November 14, 2006
Page 359 of 51'1
(b) How the rule or order sought to be reviewed
affects the interests of the party seeking review;
(0) The oral or written statement, sworn or unsworn,
which was submitted to the agency concerning the matter
to be reviewed and the date and lo.cation of the statement.
If the Individual or entity requesting the review has not
participated In a proceeding previously Instituted pursuant
to Chapter 1201. F,S'I on the order for which review Is
sought; .
(d) If review of an order Is being sought, whether and
how the activity authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises Issues of
polley, statutory Interpretation, or rule Interpretation that
have regional or statewIde significance from a standpoint
of agency p~9cedent, and all the factual bases in the
record whIch the petitioner claims support such
determlnatlon(s); and
. (e) The action requested to be taken by the
Commission as a result of the review, whether to rescind or
modify the order, or remand the proceeding to the water
management <;listrlct for further actIon, or to require the
water management distrIct to in1t1ate rulemaking to adopt,
amend or repeal a rule.
28-107.005 EMERGENCY ACTION
(1) If the agenoy finds that Immediate serious danger
to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend, Ilmlt, or
restrict a license.
(2) . the 14-day notice requirement of Section
120.569(2)(b), F. S., does not apply and shall not be
construed to prevent a h.earlng at the earliest time
practicable upon request of an aggrIeved party.
(3) Unless otherwise provided by law, withIn 20 days
after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall Initiate a formal suspension or
revocation proceeding in compliance with Sections
120.569,120.57. and 120.60, F.S.
40E-1.611 EMERGENCY ACTION
{1} An emergency exists when immediate action Is
nec:essary to protect pubiic health, safety or welfare; the
health of animals, fish or aquatic life; the works of the
Dlstrtct; a public water supply, or recreational, commercial,
industrial, agricultural or other reasonable L1ses of land and
water resources.
(2) The Executive Director may employ the resources
of the District to take whatever remedial action necessary
to aHeviate the emergency condition without the i~s.uance
of an emergency order, or In the event an emergency order
has been issued, after the expiration of the requisite time
for compliance with that order,
Revised August, 2000
Agenda item No. se
r~overnber 14,2006
Page 360 of 511
Last Date For Agency AcUon: 11-MAR-2004
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name:. Teraflna Pud
Permit No.: 11-02055-P
Application No,: 030709-15
Associated File: 030820-4 WU
030820-5 WU
Application Type: Environmental Resource (Construction/Operation Modification)
Location: Collier County, S16rr48S/R26E
Permittee: Glh Development Lllp
Operating Entity: Tarafina Homeowners Association, Inc.
Project Area: 646.5 acres
. DRAFT
'subject to Gmeming
Board f\pprova\
Project Land Use: Residential
Drainage Basin: WEST COLLIER
ReceIving Body: Cocohatchee Canal via the Mirasol flowway
Class: CLASS III
Special Drainage DistrIct: NA
Total Acres Wetland Onslte:
Total Acres Wetland Preserved Onslte:
Total Acres Impacted Onsite :
Total Acres Presv/Mit CompensatIon Gnslte:
MltlgaUon Previously Permitted: Yes
Conservation Easement To District: Yes
Sovereign Submerged Lands: No
533.10
253.04
280.06
284.41
'r?'9~iE0-mfiil!rC'i?r,\i!l~~~l!jll'%i\W!li~~'f,i'Ati!l~ir$yq,~;r,M~tiB\1'i:i{~~i1~*!iiif1(~'I.l'Wlil4J,11\~:'f.ll~!,1i\r.J';iJ~~j~fffflRl"d\'!1.'\l-1<"~&Jwm7<\<lfl~~j?,~
fii~\i;,.""Y.H;l!Ri~llj~~_'J1,\jlf1OlJlWi';lffiflIlJZUllt<~lI'."!.:lilll:ror.\\};(~~ylitJ.liEt~I!mY.!!I~iliii.~lliA~\t....M#Jl~"9,1..~tfrffi'illi:ir.'S!l1I~~a~lI!l~+'iftU
This application requests an Environmental Resource Permit modification to authorize the Construction
and Operation of a surface water management system which serves a 421.4 acre residential development
within a 646,5 acre parcel. The system discharges to the Cocohatchee Canal via the Mirasol Flovvway.
App.rlD. : 030709-15
Page 1 of 17
Agenda Item No. se
November 14, 2006
Page 361 of 511
PROJECT EVALUATION:
R__~~
I n:;~ ~l"ih i:}''\:lll~l\~~ ,,~l~~:"t' t~!i~f .Jr }-~~H~i/JkYt f )'~r\I.~hj} ~~i> }~\(~"~i:F')~'~ .1: , \ . -tt }~;,~:~J~~l J~
The project Is located a mUe north of lmmokalee Road, approximately 2 mlles east of 1~75. A location.map
Is attached as Exhibit 1. Since the site \s relatively flat, typically much of the site contains standing water
dl!ring, and for several months following the and of the rainy season. .The majorlly of the site also appears
to be part of a wetland slough system extending to the north and northeast to the' Corkscrew Swamp and
to the south and southeast 10 the Cocohatchee Canal.
A description of the wetlands and uplands within the total project area has been described wllhin
Application No.. 970923~12. The wetlands within this project area were authorized for impacts and a
mitigation plan was prOVided This application adjusts the wetland impacts and mitigation acreages based
on errors found in the orlglnalparmitls drawings. The change is minor, approximately 5% difference. .
A minor reconfiguratlon of the preserve areas is proposed in this application due to the slight revision on
the site plan In order to reflact.the proposed removal of the gall course and the addition of the lakes. In'
addition, due to a slight revision and update of the FlUCCS codes for this total project area, the
environmental plans provlded as exhibits show sonie differences compared to .the exhibits provided with
Application No. 970923-12. The revised FLUCCS map for the site is attached as Exhibit 3.1. A revised
wetland IdentificatIon map Is attached as Exhibit 3.2,
~Dnf!mJrl1D~11JlfMiJi,,._t.~ttil~~~.!~i!ffi{<<~_~..'tJl'l.tr~lll~i~~Nl.fl~
An individual Environmental Resource Permit was Issued by lhe Governing Board in May 2002 for the
project. The application associated with that permit was originally denied by the Governing Board in
December 1998 after the applicant Indicated that all requested information had been supplied and
requested final agency action In accordance with Section 373.4141 F.S. The applicant then elected to
pursue mediation through. the process outlined in the Section 120,573 F. S. and after throe years, the
applicant provided the necessary information to address staff's concerns and the application was
submitted to the Governing Board with a recommendation for approval.
A General Environmental Resource Permit modification was issued by staff for Logan Blvd, which lies
within the western 80 ft. of the property. The permit was Issued in August 2003.
......"&.:.'.."':"'-~rl~.~<IRU"~.'<'"n?;tffm';'j\"'ll}.i~)l:"~ffll&~iJd1: ~'f[.I!1Ri'.lfl!~iK':'I~flt"~~llWl{:IVJr1!"'r.!J[1i<l~~'\1?~,..,f,t:?'~~4>l~Q}ifW1\~m;ly.:;;/M;~~il\\\(;i.~>.fiJ;
~gfii>.~..,im~,~HHf.~F4ib~!_g!i'm{iW~WWl~ll!~~lliIlt~\i.!1!iidl!I~~1fi;flf<!twHM.t!tlji;~~w..w.~i~~iim,Jm~\l!lfll~,~t1),\\Ilw.im~~;Y:ifb~~iW;~tJlm\.~l\>.y
The proposed project consists of single family lots, a recreational area, and a surface water management
system, as well as minor revIsions \0 the design of logan Blvd. The eastern third of the property remains
as preserve area and is part of the flowway between the Corkscrew Swamp and the Cocohatchee Canal,
commonly known as the Mirasol Flowway, The preserve also contains 23.5 ae. of a conveyance channel
which begins on the adjacent Mlrasol project (Permit No. 11-02031-P) and continues 'south through the
Olde Cypress development (Permit No. 11-01232-8) d~scharging into the Cocohalchee Canal. This
channel received construction authorlzation, with limitations, at the February 2002 Governing Board.
The surface water management system lor the development consists of 11 interconnected lakes which
provIde water quality storage lor the proposed Improvements. A single control structure discharges to the
weUands and f10wway on the east side of the site, The Mirasol flowway consists of a two basin flowway
system, with a 4 n. deep rIbbon lake and two areas at 7 -8 n. deep. The Upper flowway basin includes a
340' wide weir, with a crest at elevation 13.5' NGVD, which maintains the water table in the upper reaches
and prevents the slough from overdraining. The Lower flowway basin, controlled by a 35' wide weir with a
CTest at elevation 12.75' NGVD, limits the discharge from the flowway, and the contributing developments
of Terafina, Mirasol and Parklands Collier, to a rate acceptable for the Cocohatchee Canal.
The design ot the conveyance channel and flowway was based on recommendations ;n the South Lee
County Watershed Plan and the Cocohatchee Canal Phase 4 Improvements Report as well as the results
App.no. : 030709-15
Page 20117
Aqenda item 1\10. 8e
I,Jovernber 14, 2006
Page 362 of 51:
. . '
of discussions with DistrIct staff. The analysis, provided by the consultants for the Mlrasol development,
showed that during the Initial part of the rainy season, the wetland systems within .the f10wway carried lhe'
flow between the Corkscrew Swamp and the Cocohatchee Carial with the peak stages cot:ltalned within
the limits of the wetland area. However, In the current condition, as the wet season progressed, the
weUand vBgetalion impeded the conveyance of flow and resulted In elevated water stages whIch
inundated properties adjacent to the wetlands Including portions of the eastern half of the proposed
project.
The design of the flowway was coordinated with Big Cypress Basin staff and the analysis of the
Cocohatchea Canal to ensure that no downstream adverse Impacts occur in the canal due to the
discharge from the channel. Since the original design of the f10wway did not anticIpate the run-off from the
proposed project during the 25 yr. 3 day storm event, revised calculations submitted with the application
show no change to the previously Identified peak stages for the 25 yr, 3 day and 100 yr. 3 day storm
events for the flowway as well as the contrIbuting developments.
The applicant previously entered an agreement (see Exhibit 4) with Mirasol which Indicated that Mlrasal
assumed responsibility for the construction of the improvements as well as th~ maIntenance of the entire
channel and control structure on the Olde Cypress property, that Teraflna could discharge to the flowway
but intended to discharge directly to the Cocohetchae Canal through double 29" x 45" RCPs, and that if
Teraflna uses the flowway for an outfall, then It must contribute to the costs of operation and maIntenance.
The applicant IndIcated that discusslonswilh Miraso\ regarding the cost contrlbutions are on-going.
Special condition No. 19 indicates that no construction can occur until the District receives a copy of any
agreement modification regarding [he maintenance end operation. cost sharing. In addition, Special
condition No. 18 indIcates that no construction can occur on the site until the Mirasal flolN'Nay and
associated control structure on the flowway are completed.
Logan Blvd., on the western property line of the project and aide Cypress to the south, provides access to
the project. The southern part is currently paved approximately 1/4 mile north of Immokalee Road.
Construction approval with Dlde Cypress extended the road to that project's northern property line.
Construction plans prevIously submitted as a modification to the permit for Teraflna, during the revIew of
Parklands Colller (Permit No, 11-02231-P), Included the portion of the roadway within the project I1mits.
Run-off from the roadway discharged into the surface water management system for Terafina. This
application modification proposes minor changes to the cross-section and adjusts the location of some of
the Interconnecting pipes. The surface water management system for Terafina continues to provide the
required water quallty treatment for the run-off.
This phase of construction does not include the improvements within the 7.21 ae. recreational site.
Construction:
Project:
PreviOUSly This Phase Total Project
Permitled
~._--_.~_.
Building Coverage 42.78 73.74 73.74 acres
Golf Course 125.36 acres
Pavement 74.64 45.46 49.68 acres
Pervious 56,71 155,12 150.90 acres
Preserved 291.20 285.23 285.23 acres
Water Mgnt Acreage 55.80 86.94 86.94 acres
App.no. : 030709-15
Page 3 ot 17
Agenda Item No. Be
November 14, 2006
Page 363 of 511
Previously
Permitted
This Phase
Total Project
Total:
646.49
646.49
646.49
ri"f.~Ci'tilii\i:NlmN.ilil'il;I'~i:;.;tt8;~'m;\j"r:i! :~,i,1io/lIIr<li~T,I',!>."s"~'U.t ~.~ '~'''j'l;''l';;.l.:'~' .r:. ':' t~: '~'''~I'f'''.~ ;."- ". !:;~. l':q.~.is';"':" ..:;~ 'r 0' .~ "- ,', ":. '. '. '~"'." . ",:.' ."\ .... ,.~
~.~;"l'1t:!mi6l\i1N{mt...v.'rtf~:'~~~~~~7.~~tr~.~:f.{\I;;;'U:~~.r~~~~:~~ff~~th~1>>~~,::j~';~;:~~?:.r;~~l~~j}1?~Ti:~~'~~-~;r"~~~~:~~!(..;i~~. :.r,"'. ~::~;';'!.~~:;~-tr.~' :::; ~~:~ ~.., >:., .:' (.'.'" t ~:~1!. '; , .
Discharge Rate :
The slla discharge from the Terafina PUD Is based on the flowway design as explaln~d in the Proposed
Project section of this staff report.
Discharge Storm Frequency: 25 YEAR~3 DAY
Design Rainfall: 11,1 Inches
Site
AUow Disch
(cfs)
291
Method Of
Determination
other
Peak Disch
(efa)
291
Peak Stage
( ft, NGVD)
15.7
Basin
Finished Floors:
As shown in the following table and the attached exhibits, minimum finished floor elevations have been set
at or above the calculaled design storm flood elevation.
Site
Peak Stage
( ft, NGVD)
16.6
Design Rainfall: 13.3 Inches
Proposed Min. Finished Floors FEMA Elevation
( ft, NGVD) ( ft, NGVD)
16.6 N/A
Building Storm Frequency: 100 YEAR-3 DAY
Basin
Road Design:
As shown In the following table and the attached exhibits, minimum road center lines have been set at or
above the calculated design storm flood elevation.
Road Storm Frequency: 25 YEAR-3 DAY
Basin Peak Stage
( ft, NGVD)
Site 15.7
Design Rainfall: 11,1 inches
Proposed Min. Road Crown
( ft, NGVD)
15.7
Parking Lot Design:
As shown in the following table and the attached exhibits, minimum parking lot elevations have been set at
or above the calculated design storm flood elevation.
Parking Lot Storm Frequency: 25 YEAR-3 DAY
Site
Peak stage
( ft, NGVD)
15.7
Design Rainfall 11.1 inches
Proposed MIIl.Parking Elov.
( ft, NGVD)
15.7
Basin
Flood PlaIn/Compensating Storage:
In the existing conditions, the project site provides historic storage for run-off from the eastern part of Lee
and Collier County during the middle to last part of the normal rainy season. The storage IS required due
App.no, : 030709.15
Page 4 of 17
Agenda liem No. 8e
November 14. 2006
PaJ8 364 of 511
to the restriction In the natural slough conveyance system through reduction In wIdth,. development to the
west and an invasion of exottc specIes In the slough. As the wet season progresses, the weiland
vegetation impeoes t11in~onveyarTce-af-f1ow-and the resulting elevated water stages inundate properties
adjacent to the wetlands. With the onset of the dry season, the slough drains quickly as water table
elevations drop.
The Mirasal. project Included an approximately 200-250 ft. wide, shallow meanderIng channel which
improves theconl/eyance through the watland slough and lowers the peak stage experienced during the
wet season. The channel begins on Mlrasal property, across the southeast corner of Wlldewood Lakes
and then south through the Olde Cypress development finally discharging Into the Cocohatchee Canal. In
addltlon to tne flows from Mlraso!, the design of the flowway provIdes a conveyance for the discharge from
Parklands Collier (Permit No 11-02231-P). Control structures on the channel limit the discharge to a rate
which the Cocohatchee Canal can accept and restrict the discharging of run-off directly Intel the canal
during the dry season and the early part of the raIny season thus prolonging water levels In the slough.
The a'nalysls provided wIth the Mirasol permit Identlfled the proposed peak stages In the slough durIng the
100 yr. storm event (see Mirasol Permit exhlblt 14). The peak stage was detarminedby balancing the
conveyance capabltities of the Cocohatche6 Canal, the relief required for the Imperial River,' and the
envIronmental needs of the slough. By Improving the conveyance, the flowway and the channel
compensate for the hIstoric storage which currently occurs on the site.
Control Elevation:
Basin
Area
(Acres) .
421.39
Ctrl Elev
(ft, NGVD)
13.4/13.4
WSWT Ctrl Elev
( ft, NGVD)
13.40
Method Of
. Determination
Site
Wetland Indicator Elevation
Receiving Body:
Basin
S1te
Str.#' Receiving Body
Outfall Cocohatchee Canai via the Mirasol FloWVv'ay
Note: The units for all the elevation values of structures are (ft, NGVD)
DischarQe Structures:
Weirs:
Basin Str# Count Type Width Height Length
Site Outfall 1 Rectangular Notch BO'
Water Qualitv Structures: Note: The units for all the elevation values of structures are
Dia.
Elav.
13.6 (crest)
( fl, NGVD)
Bleeders:
Basin Str# Count Type Width Height Length Dia, Invert Invert Elev.
Angle
Site Outfall Rectangular Notch 5' -7'--'---'-'-' 13.4
The interconnected wet detention lakes provide the required water quality storage and treatment for the
proposed improvements as well as Logan Blvd. At the time of construction of the recreation sIte, 1/2" of
dry pre-treatment will be required for the run-off from any parking areas.
Site
Treatment
Treatment Method Vol Req.d
(ae-ft)
-~..__._.-~._-----
Wet Detention 32.77
Vol Prov'd
(ae-ft)
32.77
Basin
App.no. : 030709-15
Page 5 of 17
Agenda Item t'>lo. se
t'>lovember 14, 2006
Page 365 of 511
Wetland Impacts:
This proposed modification results In wetland Impacts consistent wIth the Impacts authorized In
Application No. 970923-12, The total wetland Impacts proposed by this project are 280.06 acres.
It should be noted that the authorized wetland Impact acreage listed In the. original permIt Application No,
970923-12 fs 273,13 acres. After a refined determination of the project area acreages, It was determined
that the aGreages provided by the original permit site plan were Incorrect, the actual wetland impacts as
permitted was 28B.81 acres, This modification results In a reduction of the wetland Impacts to 280,06
acres. A revision of the wetland impact map Is attached as Exhibit 3.3.
Mitigation Proposal:
The mitigation to offset the proposed 280.06 acres of direct wetland impacts involves onsite and offsite
mitigation.
For the onsite mitigation, 137.88 acres of wetlands will be enhanced through hand removal of exotics,
89.21 acres of wetlands from the Mlrasol flow-way located on the eastern third of the property will be
enhanced through the mechanical removal of exotics, grading, and planting with native vegetation. The
grading plan for this area includes the establlshment of four marshes for wading bird foraging habItat. The
locations' of these areas are shown on sheet E-7 of the environmental plan attatch as Exhibit 3.6. In
addition, 0.10 acre of wetlands will be created from uplands, 31.27 acres of uplands will be preserved, and
2.48 acres of wetlands wl1l be enhanced as flow-way buffer. In addItIon, 23,5 acres of flow-way
conveyance will be constructed per Permit No. 11-Q2031-P,
It should be noted that the onslte mitigation acreage I1sted in the original permit Application No, 970923-12
is 291.20 acres of preserve area, which lncludes 259,97 acres of wetland preserves and 31.37 acres of
upland preserves. The project area acreages for the permitted site plan (Application No. 970923-12) has
been revised as part of this modification due tomors accurate AutoCAD measurements. The revisions
resulted In the permitted wetland preserve areas (originally listed as 275.76 acres) to be adjusted to
284.41 acres In this modlflcatlon. The slight difference in mitigation provided between ApplicatIon No.
970923-12 and this modification Is due to AutoCAD me'asurements and does result in the requirement of
additional mitigation or result in the surplus of mitigation.
The location ot the onsito mitigation is shown on sheet E.5 of the environmental plan as Exl1lbit 3.4. A
revised/monitoring/maintenance plan Is attached as Exhibit 3.7a - 3.7f.
The wetland plan Inc~udes the establishment of five interconnected preserves wIthin the western portion of
the development, a habitat buffer along the north property line, 210 acres of flow-way on the eastern third
0f the properly, and a created upland buffer between the development and the flow-way.
The five interconnected preserves are located within the interior of the development plan and include both
upland and wetland habitats. The five preserves are Interconnected by box culverts under the proposed
roads. These box culverts provide wlldlife crossings to facilitate wildlife movement between preserve
areas. The five preserves are connected to the 210 acre flow-way on the eastern third of the proporty. All
wetland and upland preserves will be placed under a conservation easement as Exhibit 3.8a - 3.8g.
The 210 acres flow-way Is part of a larger regional flow-way that extends oH-site. The flow.way originates
on the Mirasol project (Permit No. 11-20231.P) then crosses the Terafina property.. After crossing
Terafina, it passes through the Olde Cypress Property (Permit No. 11-01232-8) before outfalling to the
Cocohatchee Canal.
The offsite mitigation as previously permitted (see Application No. 970923-12) involves the transfer of
App.no. : 030709.15
Page 6 of 17
Aoenda item No. se
~Jovember 14. 2006
Page 366 of 511
funds to the DIstrict specifIcally for the purchase 01154 acres (which equates to 25.67 credits) of land
within CREW, a project withIn the DIstrict's Save Our RIvers Program.
For the CREW mitigation, in addition to the purchase of the land, the applicant is obligated to provide
funds to cover restoration and long-term management costs. The long-term management actIvities such
as exotlc removal, prescribed burning. etc., may be Junded by the interest generated by the principal
deposited In thIs accounting fund. .
Of the. $1,001,000.00 collected. the following dlsposltlon will be made:
1. Deposit $418,404,00 Into an established District account specifically designated for the purpose of land
purchase In the CREW project.
2. Deposit $437,206,00 into an establlshed District account for the performance of capital Improvement
projects (restoration work, exotic control or similar single payment costs) within the CREW project.
3. Deposit $82,390,00 into an escrow account established by the District with annual earnings from this
account used for general operations and maintenance costs Incurred by the District wlthin the CREW
project.
It should be noted that the use of CREW mitigation may not be appropriate for other projects and the
costs par acra reflected In this staff report may be revised In the future. Future use of the CREW area as
mitigation will be considered on a project by project basis.
Cumulative Impar;:t Assessment:
The proposed site plan changes involve a minor reconfiguration of the preserve areas, resulting in less
wetland lmpacts and additional preserve areas. However, the adjustments dld not result in Ihe creation of
additional ecological lift to be utllizod on future projects, No add;!ional wetland impacts are proposed.
The proposed project will not result in cumulative impacts to wetlands or OSW within the West Collier
Drainage Basin. Please see the cumulative assessment under Application No. 970923.12.
M on no rin g/Maln tenance:
The onsile mitigation, maintenance and monitoring plan ~s attached as Exhibit 3.7.a - 3.7.f. The proposed
monitoring of the wetland and upland mitigation areas will consist 01 baseline, time-zero and semJ-annual
reports for the first two years and annual monitoring of vegetation, wildl1fe, rainfall, and wetland water
levels for a period of five years. The baseline monitoring report will document conditIons in the project site
as they currenlly exist. The tlme.zero monitoring report will document conditions immediately following
wetland and upland enhancement. The semi-annual and annual reports will document conditions
following enhancement activities, document the extent of success of the project and will identify aytions to
be taken to improve the conditions within the project area when necessary. Sampling transects and
methodology for the baseline, time-zero, semi-annual and annual reports will utilize identical methods of
data collection. The monitoring plan on Exhiblt 3.6 shows the locallon 01 the vegetation transects, photo-
point stations and staff gauges. Maintenance will be conducted in perpetuity lor the onsite mitigation area
such that the coverage of nuisance and exotics between maintenance ovents shall not exceed 5%, A
mitigation, maintenance and monitoring schedule is altached as Exhibit 3.9a.
App.no.: 030709-15
Page 7 01 17
Agenda Item No. se
November 14, 2006
Page 367 of 51 '1
Wetland Inventory:
CONSTRUCTION MOD ~TERAFINA ' ONSITE
Pre-Development Post-Developmenl
Total Impacted Undisturbed Enhanced Preserved Restoredl
Existing Created
Fresh Water Forested 530.88 279.25 251.63
Fresh Water Herbaceous 2.22 ,81 1.41
Upland ~1.37
Total: 533.10 280.06 284.41
~.m~mt___. ~
Thts project contains preferred habitat for listed wetland-dependent wildlife species such as the Florida
panther (Puma cancolor caryl), wood stork (Mycterla americana), Big Cypress fox squirrel, little blue
heron, and red-cockaded woodpecker, Concerns regarding Big Cypress fox squirrel, little blue heron, and
red-cockaded woodpecker have been address In the original SFWMD Permit Appllca110n No. 970923-12
that include appropriate wlldllfe management plans.
To compensate for the impacts to wood stork and panther habltats, the applicant proposed both onslle
and offslte millgatlon. The mltigallon proposed for this developmen.t offsets the impacts associated with
the dIrect loss of wHdllfe habitat. Therefore, no cumulative impacts are expected as a result of the
proposed activities.
Irl addition to the mitigation provided in this permit to satisfy 40E-4, FAC. criteria, the U,S. Fish and
Wildlife Service has required additional mItigation and the appl1c8nt proposed to purchase and restore 52
acres at wood stork habitat and 107 aores of panther habitat both iocated in Hendry County. A copy of the
U.S. Fish and Wildlife Service review is attached as Exhibit 3.9b - 3.9c. Although this additional
requirement Is not a condition of this permit modification, this permit does not relieve the applicant from
complying wIth all applicable rules and any other agencies' requirements and ensuring that l1atad wildlife
species are not adversely impacted as result of this projeot.
l1jU6~i)J~11l~~l{il_1!A'I\fi~iW}~.lrt4~~.11,I..miRfullf~~.~~t_llM~ljmlt~l~J
The three developments adjacent to the flowway (Mirasal, Terafina aka Wlldewood Lakes, and Olde
Cypress) have enlered an agreement relating to the constructIon and maintenance of the flowway (known
as .chaln of lakes" in the agreement). The agreement Iden11fies each party as responsible for the
construction of the portion of the flowway within their property. However, a subsequent section in the
documents identifies Terafina as respon~ible for constructing the portion within Olde Cypress property.
This same section Indicates that Mirasal may construe' the enUra flowway if Terafina delays in the
construction. The Mirasol permit authorlzatlon the construction of the entire flowway.
The three developments also prepared a draH drainage, Ingress/egress, and maintenance casement giving
Mirasol access lo TeraHna and Olde Cypress property. A recorded copy of the drainage easement must be
provided to the District prior to any construction of the f1owway.
Mirasal proposed a CommunIty Development District (COD) as the entity responsible for the maintenance
of the f10wway both within the Mirasol property as well as the Terafina and aide Cypress developments.
The permittee provided a draft 01 p~riormance bond to demonstrate financial assurances that the
mitlgatiorl, monitoring and maintenance work will be conducted as permitted. The performance bond Is
App.no. : 030709.15
Page 8 of 17
AClend3 Item No. Be
r,Tovel11ber 14. 2006
Page 368 of 511
attached as ExhIbit 3.10a - 3.1 Dc and will need to be executed in accordance with special condition 32 of
the orlginal permit.
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It is suggested that the permittee retaIn the services of a Professional EngIneer registered In the Slate of
Flor1da for perIodic observation of construction of the surface water management (SWM) system, This will
facilitate the completion of construction completion certification Form #0881 which Is required pursuant to
Section 10 of the BasIs of Review for Environmental Resource Permit Applications withIn the South Florida
Water Management District, and Rula 40E-4361 (2), Florida AdmInistrative Code (FAC.).
Pursuant to Chapter 40E.4 FAC., this permit may nol be converted from the construction phase to the
operation phase until certlflcation of the SWM system Is submitted to and accepted lJy this DistrIct. Rule
40E-4.321 (7) FAC. states that failure to complete construction of the SWM system and obtain operallon
phase approval from the District withIn the permIt duration shall require a new permit authorlzallon unless a
permIt extension is granted.
For SWM systems permitted w1th an operating entity who is dlfferent from the permUtes, It should be noted
that untll the permit is transferred to tha operating entity pursuant to Rule 40E-1.6107, FAC., the permittee
is liable for compliance with the terms of this permIt.
The permittee is advIsed that the efflciency of a SWM system will normaHy decrease over tIme unless the
system is per'iodically maintained. A significant reduction in flow capacity can usually be attributed to partial
blockages of the conveyance system. Once flow capacity Is compromised, flooding of the project may
result. Maintenance bf the SWM system is required to protect the public health, safety and the natural
resources of the state. Therefore, the permittee must have periodic inspections of the SWM system
performed to ensure performance lor flood protection and water quality purposes. If deficiencies are found,
It is the responsibility of the permittee to correct these deficiel1cies In a timely manner.
App.no. ; 030709.15
Page 9 of 17
Agenda Item No. se
November 14, 2006
Page 369 of 511
RELATED CONCERNS:
Water Use Permit Status~
Water Use Application No. 030620-4 for IrrigatIon and Application No. 030820-5 for dewaterIng are
complete and will be Issued by staff concurrently with the ERP. Both applications are letter modifications
of the original permits No. 11-02053-W (Irrigation) and No. 11-02052-W (dewatering). In regards to the
Mlrasol ,flowway channel, Special Condition 15 restricts the use of dewatering during construction. This
condition Is consistent with conditions in the previous permits for Mirasol, Parklands Collier and aide
Cypress,OOThis permIt does not release the permittee from Obtaining all necessary Water Use
authorizatlon(s) prior to the commencement of activities which will require such authorization, Including
construction dewatering and irrigation, unless the work qualifies for a general permit Issued pursuant to
Section 40E-20 FAC.
Potable Water Supplier:
Collier County Utilities
Waste Water SystemfSuppJier:
Collier County Utilitltis
Right-Ot-Way Permit Status:
A Right-of-Way Permit Is not required tor this project.
DRI Status:
This project is not a DRI.
Historical/Archeological Resources:
The DIstrict received correspondence from the FlorIda Department of State, Dlvision of Historical
Resources indicating that the agency has no objections to the issuance of this permit.
DCAlCZM Consistency RevIew:
The District has not received a rlndlng of inconsistency from the Florida Department of Community Affairs
or other commenting agencies regarding the provisions 01 the federal Coastal Zone Management Plan.
Third Party Interest:
No third party has contacted the District with concerns about this application.
Enforcement:
There has been no enforcement activlty associated with thts application.
App,no. : 030709.15
Page 10 0117
Aaenda Item No. Be
t'Jovsmber 14. 2006
Page 370 of 511
STAFF RECOMMENDATION:
The Staff recommends that the followIng be Issued:
An Environmental Resource Permit modification to authorize the Construction and Operation of a
surface water management system which serves a 421.4 acre residential development wIthin a 646.5
acre parcel. The system discharges to Ihe Cocohatchee Canal via the Mlrasol Flowway.
Based on the information provided, District rules have been adhered to.
Staff recommendation Is for approval subject to the attached
General and Spec!al Conditions.
NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL
/'
/~PE VIS~R
//T::{OSS T. Mort n, fl.W.S.
"v,--
DRAFT
Subject to GoIem ing
rd Approval
STAFF REVIEW:
DIVISION DIRECTOR:
~/~2
RobertG. Robbins
. / ~
DATE: 01..r/ olJi 6' r
SURFACE WATER MANAGEMENT DIVISION APPROVAL
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App.no,: 030709.15
Page 11 of 17
Agenda Item No. Be
r~ovember 14,2006
Page 371 of 511
GENERAL CONDITIONS
1. All aotlvltles aulhorlzed by thIs permit shall be Implemented as set forth In the plans, specificatlons and
performance criteria as approved by this permit. Any deviation from the permitted 'activlty and the
conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter
373. F.S.
2. This permit or a copy thereof, complete wlth aU conditions, attachments, exhibits, and modifications
shall be kept at the work site of the permitted activity, The complete perm II shall be available for
review at the work site upon request by. DistrIct staff. The permittee shall require the contractor to
review the complete permit prlor to commencement of the activity authorIzed by this permi!.
3. Activities approved by"this permit shall be conducted In a manner which does not cause vIolations of
State water quallky standards. The permittee shall implement bast management practices for erosion
and pollution cnntrol to prevent vlolallon of Slate water quality standards. Temporary erosIon control
shall be implemented prior to and during construction, and permanent control measures shall be
completed within 7 days of any construction activity. Turbidity barriers shall be Installed and
maintaIned at all locations where the possibility of tranSferring suspended solids Into the receiving
walerbodyexists due to the permitted work. Turbidity barriers shall remain in place at alllocatlons
until construction Is completed and soils are stablilzed and vegetatlon has been established. All
practices shall ba in accordance with the guidelines and specifications described in Chapter 6 of the
Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), Incorporated by reference in Rule 40E-4.091, FAC. unless a
project-specific erosion and sediment control plan 1s approved as part of the permit. Thereafter the
permittee shall be responsible for the removal of the barriers. The permittee shall correcl any erosion
or shoa[Jng that causes adverse impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date within 30 days of the
date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this
permit, the permlltee shall submit to the District an Environmental Resource Permit Construcllon
Commencement Notice Form Number 0960 indicating the actual start date and the expected
construction completion date.
5. When the duratIon of construction will exceed one year, the permittee shall submlt construction status
reports to the District on an annual basis utilizing an annual status report form. Stalus report forms
shall be submitted the following June or each year.
6. Wilhin 30 days aller completion of cOr:lstruction of the permitted activity, the permltee shall submit a
written statement of completlon and certification by a registered profeSSional engineer or other
appropriate individual as authorized by law,' utllizing the supplied Envlronmental Resource Permit
Construction ComplationlCertlf1cation Form Number 0881. The statement of completion and
certification shall be based on onsite observaUon of construction or review of as-built drawings for the
purpose of determining ir the work was completed in compliance with permitted plans and
specifications. This submittal shall serve to notify the District that the system Is ready for inspection.
Additionally, If deviation from the approved drawings is discovered during the cerlification process, the
certification must be accompanied by a copy of the approved permit drawings with deviations noted.
Both the original and revised specifications must be clearly shown. The plans must be clearly ~abeled
as "As-built" or "Record" drawing. All surveyed dimensions and elevations shall be certified by a
registered surveyor.
7. The.operation phase of this permit shall not become effective: unlilthe permittee has complied with
the requirements of condition (6) above, and submitted a request for conversion of Environmental
Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District
determines the system to be in compliance with the permitted plans and speciflcatlons; and the entity
approved by the District ill accordance with Sections 9.0 and'1 0.0 of the Basis 01 Review for
Environmental Resource Permit Applications within the South Florida Water Management Dlslrict,
App.no. : 030709-15
paga 120117
Aoenda Item No. se
rJoveniber 14, 2006
Page 372 of 511
GENERAL CONDITIONS
accepts responsibility for operation and maintenance of ..the system, The permit shall not be
transferred to such approved operation and maintenance entity until the operation phase of the permit
becomes effective. Following Inspection and approval of the permitted system by the District, the
permittee shall Initiate transfer. of the permit to the approved responsible operating entity If different
from the permittee, Unlll the permit is transferred pursuant to Section 40E-L61 07, F.A.C., the
permittee shall be liable for compliance with the terms of the permit.
8. Each phase or independent portion of the permItted system must be completed In accordance with the
permItted plans and permit conditlons prior to the Initiation of the permItted use of site Infrastructure
located withln the area served by that portion or phase of the system. Each phase or Independent
portion of the system must be Gomp~eted in accordance with the permitted plans and parmlt conditions
prior to transfer of responsibility for operation and maintenance of the phase or portlon of the system
t9 a local government or other responsible enlity.
9. For those systems that will be operated or maintained by an entity that will require an easement or
deed restriction in order to enable that entity to operate or maintain the system in conformance wllh
this permll, such easement or deed restriction must be recorded In the public records and submitted
to the District along wIth any other final operation and maintenance documents required by Sections
9.0 and 10.0 of the Basis of Review for EnvlronlTJental Resource Permit applications within the South
Florida Water Management District, prior to lot or units sales or prior to the completion of the system,
whichever comes first. Other documents concerning the establishment and autnorlty of the operating
entity must be filed with the Secretary of State, county or municipal entities. Final operation and
maintenance documents must be received by the District when maintenance and operation of the
system is accepted by the local government entity.' Failure to submit the appropriate final documonts
will result In the permittee remaining liable for carrying out mainlenance and operation of the permitted
system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify
the Dlstrlct in wrlting of the changes prior to Implementation so that a determination can be made
whether a permit modification is required.
.11, This permit does not eliminate the necessity to obtain any required federal, state, local and special
district authorlzatlons prior to the start of any activity approved by this permit This permit does not
convey to the permittee or create in the permIttee any property right, or any Interest in real property,
nor does it authorize any entrance upon or activities on property whIch is not owned or controlled by
the permittee, or convey any rights or privileges other than those specified in the permit and Chapter
40E-4 or Chapter 40E.40, FAC..
12. The permittee is hereby advised that Section 253,77, F.S. states that a person may not commence
any excavation, construction, or other activity involving the use of sovereign or other lands of the
State, the title to which is vested in the Board of'Trustees of the 1ntemal Improvement Trust Fund
Without obtaining the required lease, license, easement, or other form of consent authorizing the
proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations
from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned
lands.
13. The permittee must obtain a Water Use parmit prior to construction dewatering, unless the work
qualifies tor a general permit pursuant to Subsection 40E-20.302(3), FAC., also known as the "No
Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by reason of the construction, allsratlon, operation, maintenance, removal,
abandonment or use of any system authorized by the permit.
App.no. : 030709.15
Page 130117
\
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GENERAL CONj'TJONS
15. Any delineatIon of the extent of a wetland or othejSUrface water submitted as part of the permit
application, Including plans or other supporting docu entation, shall not be considered binding, unless
'a speclftc condition of this permit or a formal deterOm nation under Section 373.421 (2), F.S., provides
otherwise.
16. The permittee shall notlfy the District In writing wlt.joln 30 days of any sale, conveyance, or other
transfer of ownership or control of a permitted system or the real property on whloh the permitted
system is located. All transfers of ownership or tran~fers of a permit are subject to the requirements
of Rules 40E-1.6105 and 40E-1.6107, FAC.. Thol permittee transferring the permit shall remain'
liable for corrective actions that may be required as a result of any violations prior to the sale,
conveyance or other transfer of the system. I
I
17, Upon reasonable notice to the permittee. District autnorlzed staff with proper identlficatlon shall have
permission to enter, Inspect. sample and test the system to Insure conformity with the plans and
spocifioations approved by the permit. i
I
18. If historical or archaeological artllacts are discovereCl at any time on the project site, the permlllee
shaH immediately notirythe appropriate District service center.
Agenda item No. Be
t..Jovember 14. 2006
Page 373 of 511
19. The permittee shall immediately notify the District in wrlling of any prevIously submitted informallon
that Is later discovered to be Inaccurate.
App.no. : 030709-15
1
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Paga 14 of 171
I
lG.oenda Item r'~o. 8e
~~~overnber 14. 2006
Page 374 of 511
SPECIAL CONDITIONS
1. The construction phase of this permlt shall expire on March 11, 2009.
2, Operation of the surface water management system shall be the responsibility of TERAFINA
HOMEOWNERS ASSOCIATION, INC. Within one year of permit Issuance or concurrent with the
engineering cerlification of construction complatlon, whichaver comes first, the permittee shall submit
a copy of the recorded deed restrictions (or'declaration of condominium, If applicable), a copy of the
filed artlctes of Incorporation, and a copy of the certificate of Incorporation for the assocIation.
3. Discharge Facll1t1es:
Structure: Outfall
1-80' WIDE RECTANGULAR NOTCH weir with crest at elev. 13.8' NGVD.
1-5'W X.4' H RECTANGULAR NOTCH with invert at slev. 13.4' NGVD.
Receiving body: Cocohatcnee Canal via the Mlrasal Flowway.
Control elev: 13.4 feet NGVD. /13.4 FEET NGVD DRY SEASON.
4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality
problems that result from the constructIon or operation of the surface water management system.
5. Measures shall be taken during construction to Insure that sedimentation and/or turbidity violations do
not occur in the receiving water.
6. The District reserves tho right to require that additional water quality treatment methods be
incorporated into the drainage system if such measures are shown to be necessary,
7, lake s~de slopes shall be no sleeper than 4:1 (horizonlal:vertical) to a depth of two feet below tho
control elevation. Side slopes shall be nurtured or p~anted from 2 fest below to 1 foot above control
elevation to insure vegetativo growth, unless shown on the plans,
B. Facilities other than those stated hereIn shall not be constructed without an approved modification of
this permit. A permit modification shall be obtained for any improvements within the clubhouse site.
9. ^ stable, permanent and accessible elevation reference shall be established on or within one hundred
(100) feet of all permitted discharge structures no later than the submission of the certification report.
The locatlon of the elevation reference must be noted on or with the certification report.
10. The permittee shall provide routine maintenance of all of the components of the surface water
management system in order to remove all trapped sediments/debris. All materials shall be properly
disposed 01 as required by law. Failure to properly maintain the system may result in adverse flooding
condilions.
11. This permit is issued based on the applicant's submitted information whIch reasonably demonstrates
that adverse water resource related impacts will not be caused by the completed permit activily.
Should any adverse impacts caused by the completed surface water management system occur, the
District will require the permittee to provide appropriate mitigation to the District or other impacted
party. The District will require the permittee to modify the surface watsr management system, If
necessary, to eliminate the cause of the adverse impacts.
12. Minimum building floor olevation: BASIN: Site. 16.60 feet NGVD.
13. Minimum road crown elevation: Basin: Site. 15.70 feel NGVD.
14. Minimum parking 10\ elevation: Basin: Site - 15.70 feet NGVD.
15. The channel shaH be constructed without dewatering as indicated in the previous permit
App.no. : 030709.15
Page 15 of 17
Agenda Item ~~o. se
November 14. 2006
Page 375 of 511.
SPECIAL CONDITIONS
16, Spoil generated from the excavation of the flowway must be placed on an upland or wetland Impact
location as authorized by this permit.
17. The parking area In the recreational tract shall provide a minimum dry pre-treatment .volume .of 1/2
Inch of runoff prIor to discharge Into the master surface wat~r ma'nagement system, .
18. THE CONSTRUCTION OF THE MIRASOL FLOWWAY AND THE ASSOCIATED CONTROL
STRUCTURES ON THE FLOWWAY SHALL BE COMPLETED PRIOR TO ANY CONSTRUCTION
ON THE PROJECT SITE.
19. Prior to the commencement of construction, a oopy of the agreement between the .permittee and
Mlrasol development, relating to maintenance and operation cost sharing for the Mlrasal flowway,
shall be provided to the District. .-
20. All special conditions and exhIbits prevIously stipulated by permIt number 11.02055-P remain in elleot
unless otherwise revised and shaH apply to this modification.
22. A monitoring program shail be implemented in accordanoe with Exhibit No,3.9, The monitoring
program shall extend fora period of 5 years with semi-annual reports for the first two years and
annual reports thereafter submitted to District staff. At the end of the first monitoring period the
mitigation area shall contain an 80% survival of planted vegetation. The 80% survival rate shall be
maintained throughout the remainder of the monitoring program, with replanting as necessary. If
native wetland, transitional, and upland spectes do not achieve an 80% coverage within the initial two
years of the monitoring program, native species shall ue planted in accordanoe with the maintenance
program. At the end of the 5 yoar monitoring program the entire. mitigation area shall contain an 80%
survival of planted vegetation and an 80% coverage of desirable obligate and facultative wetland
species.
23. A mitigation program for Terafina PUD shall be implemented In accordance wIth Exhibit No. 3.7a -
3.70. The permittee shall enhance 253.04 acres ot wetlands and preserve/enhance 31.37 aores
upland compensation areas. Although not calculated as mitigation, thIs acreage includes the wetlands
and upland that will be converted to flow-way conveyance and are subject to the design and plantIng
shown on Exhibit 68 and 69 of the original permit.
24. The permittee is granted a modification of lhe Special Condition No. 28 of the original permit
Application No. 970923-12, as subsequently modifiod, which extends the time tor the payment of the
mitigation money required in the original permll, No later than June 30, 2004 and prior to the initiation
of construction activities In wetlands, the permittee shall provide the mitigation payment to the
District's wetland mitIgation fund for the acquisitlon, enhancement and management of lands within
CREW, Paymont of the mitigotion fee is an enforoeable conditions of this permit subject to the District
compliance rules.
25. Activities assooiated with the implementation of the mitigation, monitoring and maintenance plan{s)
shali be completed In accordance wlth the work schedule attached as Exhibit No. 3.9, Any deviation
from these time frames will require prior approval from tho District's Environmental Resource
Compliance staft. Such requests must be made in writing and shall include (1) reason for the change,
(2) proposed starVfinish and/or completion dates; and (3) progress report on the status of the project
development or mitigation effort.
26, A maintenance program shall be'implemented in accordance with Exhibit No. 3,7c -3.7f for the
preserved/enhanced wetland and upland areas, upland buffer zones, connector preserves, and the
flow-way conveyance on a regular basis to ensure the Inlegrity and viability of those areas as
permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is
maintained free from Category 1 exotic vegetation (as deflned by the Florida Exotic Pest Plant Council
at the time of permit issuance) immediately following a maintenance activity. Coverage of exotic and
nuisance plant species shall not exceed 10% ot lotal cover between maintenance activities. in
addition, the permittee shall manage the conservation areas such that exotic/nuIsance plant species
App.no. : Q30709-15
Page 16 of 17
Agenda Item 1\10. 8e
~\!ovember 14. 2006
Page 376 of 511
SPECIAL CONDITIONS
do not dominate anyone section of those areas.
27. No later than May 20. 2004 and prior to .the commencement of construction, the permittee shall
provIde an orlgimd letter of credlVbond to ensure the permIttee's financial ability and commitment to
complete the proposed mitigation. monitoring and maintenance plan as shown on Exhibit No. 3.7a -
3.7f. The letter of credtt/bond shall be In substantial conformance with Exhibit No. 3.10a - 3.100.
When a performance bond Is established, the permittee shall also establish a standby trust fund for
deposit of a1\ payments under bond, The letter of credlVbond shall remain In effect for the entire period
of the mitlgatlon and monitoring program. Notification of the District by the financial Institution that the
letter of crediUbond wlll not be renewed or Is no longer In effect shall constitute non-compHance with
the permit.
App.no. : 030709-15
Page 17 of 17
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November 14, 2006
Page 377 of 511.
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Aqenda Item No. se
tJovernber 14,2006
Page 401 of 511
. .
. ADDUREV\SEO SUBM\1TAL TERAFINA
ETLAN MITIGATION/MONITORING/MAINTENANCE PLAN
OCT 211003 \ SFWMD PERMIT NO. 11-02055-P
OCT 2.~ 2003
FORT MYERS
The following outlines the wetland mitigation, monitoring, and maintenance plan for t e
acre Terafina project located in Section. 16, Township 48 South, Range 26 East, Collier County.
The construction of the residential development will result in unavoidable impacts to South
Florida Water Management District (SFWMD) jurisdictional wetlands. In order to offset these
impacts, a total of 284.41:1: acres of wetland preserves and upland preserveslbuffer!? will be
established, This' includes 137.88:1: acres of wetland enhancement through hand removal of
exotics, 89.2 H: acres of wetland enhancement through mechanical removal of exotics, 0.10:1:
acre of wetland created from uplands, 31.27:1: acres' of upland preserve, and 2.48::1:: acres of
wetland enhancement flow-way buffer. In addition, 23.47:1: acres of flow-way conveyance will
be constructed per SFWMD Permit No. 11-02031-P.
Revised October 20, 2003
APPUCATION NUMBER
03 tJ 7 0 9 ... 1. 5
lID
FOR1: MYERS ~~~~~~E. CENTE.R '.
INTRODUCTION
The wetland mitigation plan includes the establishment of five interconnected preserves within
the western portion of the df(velopment, a habitat buffer along the north property line, a large
210:1: acre flow-way on the eastern third of the property, and a created upland buffer between the
development and the flow-way.
The five interconnected preserves are located within the interior of the development plan and
include both wetland and upland habitats. The five preserves are interconnected by box' culverts
under the proposed roads. These box culverts will provide wildlife crossings to facilitate wildlife
movement between the preserves. The five internal preserves are. cOlmected to the 210::l: acre
. flow-way on the eastern third ofthe property.
The 21 O:l: acre flow-way is part of a larger regional flow-way that extends off-site. The f1ow~way
originates on the Mirasol project (SFWMD PelTI1it No. 11-20231-P) then crosses the Terafina
property, After crossing Terafina, it passes' through the Old Cypress project (8F\VMD Permit
No. 11-01232-8) before outfalling to the Cocohatchee Canal. Details of the flow-way are
. provided in the SFWMD staff report for Terafina, as wen as the SFWMD staff report for the'
Mirasal project.
As part of the 210:1: acre flow-way, 89.21::1: acres of wetlands will be enhanced through the
mechanical removal of exotics, grading to wetland elevatlons, and planting with native
vegetation. The grading plan for this area includes the establishment of four marshes for wading
bird foraging habitat. These marshes will be graded to varying depths to allow the concentration
of prey for wading birds at alternating times of the year as water levels seasonally rise and
recede.
EXHIBIT 3. 7 Pr
PassllfcUa and Associates, Inc. 1 of 6
#03GLH856 Revised 10/20/03
AGenda Item No. 8e
t,Jovel11ber 1.1.2006
Page 402 of 511
The wetland mitigation activities will be done concurrently with the construction of the surface.
water management system for the project. The mitigation areas will be placed under a
conservation easement to the SFWMD.
MITIGAT~ON PLAN
The mitigation plan includes 137,88:i:acres of wetland enhancement through hand removal of
exotics, 89.21:i: acres of wetland enhancement through the mechanical removal of exotics, O.lO:!:
acre of wetland created from uplands, 31.27-1::. acres of upland preserve, and 2.48-1::. acres of
wetland enhancement flow-way buffer. The location ofthese areas are shown on sheet E-5 ofthe
environmental plans.
The exotics to be eradicated include, but are not limited to, melaleuca, Brazilian pepper,
Australian pine, and downy rose-myrtle.
The hand removal .of exotics from wetlands and uplands will include one or more of the
following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut
vegetation, and treat remaining stump with approved herbicide; (2) girdle standing melaleuca
. and Australian pine with diameter at breast height greater than four inches and apply approved
herbicide to cambium; (3) foliar application of approved herbicide to melaleucasaplings,
Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foliar application of approved
herbicide or hand pulling of exotic seedlings.
In areas where the density of melaleuca and Brazilian pepper trees exceeds 50 percent, cuttings
will either be hand removed from the site or stacked in piles at approximately 100 foot intervals.
. If left on the site, smaller melaleuca cuttings will be stacked butt end to the ground into a nearly
vertical position (i.e., teepee method), 'Larger melaleuca cuttings will be cut and stacked side by
side into an area approximately six feet on a side. Cuttings will be stacked perpendicular to the
previous layer up to a height of approximately six feet (i.e., log cabin method).
Mechanical removal of exotics (89.21:J: acres) will include mechanized land clearing in arcas of
75 to 100 percent cover by inelaleuca. Prior to mechanical removal, the limits of mechanical
removal of exotics will be flagged for review and approval by SPWMD staff. After exotic
vegetation has been removed, the cleared areas will be graded as shown on sheet E-6 of the
environmental plans. If available, a six inch layer of topsoil will'be spread on the graded area to
achieve final grades. Due to the presence of exotic and nuisance species within the potential
donor sites (i.e" impact areas), it is not anticipated wetland topsoil will be available for use in the
graded arcas. An as-buill survey of the graded site will be perfonned to ensure the desired
elevations have been obtained. After review and approval of the final grades by SFVlMD
compliance staff, the area will be planted using the species listed in Table 1.
Passarella and Associates, Inc.
#03GLH856 Revjsed 10/20/03
rADDlJREV~E6 SUBMrrTAl i
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EXHIBIT ~,',~)
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Table 1.
Planting List for Mechanically Cleared and Graded Areas
Zone 1
Zone 2
Zone 3
Zone 4
MITIGATION SUCCESS CRITERIA
5 ft.
12 in,
12 in
12 in.
12 in,
12 in.
12 in.
12 in.
12 in..
12 in.
12 in.
12 in.
24 in.
24 in.
1 a1.
2 in.
2 in.
2 in.
2 in,
2 in.
2 in.
2 in.
2 in,
2 in.
2 in.
2 in,
I at.
1 aI.
Agenda Item No. se
~~ovember 14, 2006
Page 403 of 511'
10 ft. a.c.
3' ft. O,C.
3 ft, a.c
3 ft. a.c.
3 ft. a.c.
3 ft. O.C.
3 ft. a.e.
3 ft. a.c.
3 ft. a.c.
3 ft. c.C,
3 ft. a.c.
3 ft. Q,C,
15 ft, a.c.
IS [t. a.c.
The following are the success criteria for the mitigation areas: 1) The conservation easement will
be recorded for the mitigation areas; 2) Initial eradication of exotic and nuisance vegetation will
be completed; 3) Wetland mitigation areas will contain at least 80 percent cover by desirable
obligate and facultative wetland plant species; 4) The wetland and upland mitigation areas shall
be free from exotic and nuisance vegetation immediately following a maintenance activity; and
5) The wetland and upland mitigation areas will consist of no more than five percent cover by
exotic and nuisance species. Exotic and nuisance vegetation species are ide tified as those
species listed by the Exotic Pest Plant Council at the time of permit issua It},{)DUREVISED SUBMITIAL
OCT 222003 _-1
MONITORING
. Monitoring Methodology
FORT MYERS SERVICE CENTER
The proposed monitoring of the wetland amI upland mitigation areas will consist of baseline,
time-zero, and annual monitoring ofvegetatioll, wildlife, rainfall, and wetland water levels. The
baseline monitoring repOli will document conditions in the project site as they currently exist.
The time-zero monitoring report will document conditions immediately fan owing wetland and
upland enhancement. The annual reports will document conditions following enhancement
activities and document the extent of success of the project. If needed, the annual reports will
identify specific actions to be taken to improve the conditions within the project area. Sampling
transects and methodology for the baseline, time-zero, and arumal reports will utilize identical
methods of data collection.
1.tr.c~'\UCllTlm\) ll,qJM!;lra'~
Passarella and Associates, Inc.
#03GLH856 Revised 10/20/03
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EXHiBIT j. I (/
Aoenda Item ~~o. se
rTQv.3mber 14,2006
Page 404 of 51 1
Vegetation Monitoring
Wetland vegetation will be monitored prior to and f9110wing enhancement and restoration
activities. Sampling in wetland areas will involve canopy, sub-canopy. and ground cover stratum
along monitoring transects established within the enhancement areas. The location of the
monito~ng transects are shown on sheet E-7 oftho environmental plans,
Canopy and sub-canopy vegetation species will be monitored within' 50 x 20 foot plots
established along the monitoring transects. Species richness and visual estimate ofpercerit cover
will be calculated for canopy and sub-canopy stratum.
To facilitate an intensive. accurate, and repeatable sampling program. the point frame method
(Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at
approximately 25 foot intervals along each monitoring trim sect. Each point frame consists of 1 m
square wire grid with 25 cross points. Any plant species directly below a cross point will be
recorded, including Qare ground. Each cross point represents four percent of the square meter.
Water depths will also be recorded at each sampling station. For each sampling station,
identified species will be listed and percent cover computed and discussed.
Wildlife Monitoring
Regular observations of wildlife will be made during the monitoring event by qualified
ecologists. Observations will consist of recording evidence. and sign of wildlife (i.e., direct
sightings, vocalizations, burrows, nests, tracks, droppings, etc.).
Fish and Aquatic Macroinvertebrate Monitoring
Qualitative sampling' of fish and aquatic macro invertebrates along wetland transects will be
conducted using a standard D-frame aquatic dip net, mesh size 1.0 mm. Sampling will be
conducted along vegetation monitoring transects with a minimum of 2 em. ~tanding water. The
collector will work the net vigorously within the vegetation, open water, and surficial bottom
sediments. Net contents will be placed in a white pan and sorted with forceps. Hard substrate, if
any, will also be examined for the presence of aquatic macroinvertebrates.' Rampling will
continue until no new species are encountered for ten minutes, Sample size and collection times
wiII not exceed 200 organisms or one hour, respectively. Samples will be preserved in alcohol,
returned to the laboratory, and identified to the lowest taxonomic level possible, usually species.
When possible, fish will be identified in the field ci.-nd released,
Photographic Documentation
Permanent fixed-point photograph stations will be established in the monitored areas providing
physical documentation of the condition and appearance of an area, as well as any changes
taking place within it. Panoramic photographs will accompany vegetation data in each report.
Locations of photo stations will remain the same throughout the duration of the monitoring
program.
{\:-l 1 i '.i 11 ..~
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J\DDUREVISED SUBM1TTAl
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Passarella and Associates, rile,
f103GLH856 Revised 10/20/03
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EXHIBIT
Agenda Item No, se
November 14, 2006
Page 405 of 511
Rainfall and Stafr Gauge
Staff gauges/monitoring wells will be installed within the enhanced wetland areas. The
gauges/wells will be,read once a month during the dry ,season (November through 'May) and
twice a month during. the wet season (June through October): Staff gauge data will be
summarized in the annual monitoring reports along with available rainfall data for the area.
MONITORING REPORTS
The permittee will submit annual monitoring reports to SFWMD documenting the success of the
mitigation program and general condition or the preservation areas. Within 60 days of permit
issuance, the baseline wetland monitoring for the mitigation areas will be submitted to SFWMD.
The time-zero monitoring report will be submitted within 60 days of completion of enhancement
activities. Annual monitoring reports will include the following information:
. Brief description of mitigation and maintenance work performed since the previous report
along with a discussion of any modifications to the mitigation or maintenance program.
. Brief description of anticipated mitigation and. maintenance work to be conducted over the
next year.
. Results of quantitative vegetation monitoring conducted In the enhanced wetlands and
upland buffers. A list of observed wildlife species.
o Panoramic photographs taken at photo stations within the enhanced wetlands and upland
buffers. ,----..--..-.---.
ADDL/REVISED SUBMITTAL
r O~T 2~003 1
FORT MYERS S~RVICF ~f.NT~P
The wetland mitigation areas will be placed in a conservation easement' to SFWMD. The
conservation easement will ensure that the mitigation areas ,will remain in a natural state in
perpetuity. These preserved mitigation areas will not be disturbed by dredging, filling, land
clearing, agricultural activities, or other construction work whatsoever; except those activities
described in this mitigation plan.
Staff gauge and available local rainfall data.
.
CONSERVATION EASEMENT
MAINTENANCE AND LONG-TERM MANAGEMENT
Following the completion of the initial exotic removal effort, semi-annual inspections of the
mitigation area will occur for the first two years. During these inspections,. the mitigation area
will be traversed by a qualified ecologist. Locations of nuisance and/or exotic species will be
identified for immediate treatment with an appropriate herbicide, Any additional potential
--
Passarella and Associates, Inc.
fl03GLH856 Revised 10/20103
i'H'to'UC~1'It)N K\\'jMh~i~
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,Aaenda lten-I f\lo, 8e::
~crovefllber 14 200'3
406 of 511
problems will also be noted and corrective actions taken. Once exotic/nuisance species levels
have been reduced to acceptable limits (Le., less than five percent cover), inspections of the
. mitigation areas will be conducted annually. .
Maintenance will be conducted in perpetuity to ensure' that the enhanced wetlands and upland
buffers ~re free of exotic vegetation (as currently defined by the Exotic Plant Pest Council)
immediately following maintenance and that exotic and nuisance species will constitute no more
than five percent of total combined cover.
REFERENCES
Bonham, C.D. 1989. Measurements for Terrestrial Vegetation, John Wiley and Sons, New
York, New York.
ADDUREV,'SED SUBMITTAL
OCT ll~~~.l
FORT ~YERS SERVICE CENTER
J~t~~l;CATIi)N f:.1Uf\~l~ri:w
Passarella and Associates, Inc.
tl03GLH856 Revised 10/20/03
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Agenda Item No. Be
November 14. 2006
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03U709~15~f
DEED OF CONSERVATION EASEMENT'
THIS DEED OF CONSERVATrON
, 200,3 I by
day
of
(address)
("Grantor") to the South. Florida Water Management District ("Grantee"). As used herein,
the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and
all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee
shall include ,any successor or asslgnee of Grantee.
wrTNESSETH
WHEREAS, the Granto.r is'the owner of certain lands situated in C.c.L4..tEet. County,
Florida, and more specIfically described in Exhibit A attached hereto and incorporated
herein ("Property"); 'and
WHEREAS, the Grantor desires to construct (name of project)~TE€A fl'r..! A
(UProject") at a site in CO....~E-~ County,
which is subject to the regulatory jurisdiction of South Florida Water Management District
("District"); and
'. WH EREAS, Drstrict Permit No. 1\ - () 2ll SS" - ? ("Permit") authorizes certain
activIties which affect surface waters in or of the state of Florida: and
WHEREAS, this Permit requires that the Grantor pres8Ne and/or mitigate
wetlands under the District's jurisdrction; and
WHEREAS, the' Grantor has developed and proposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easementas
defined in Section 704.06, Florida Statutes (2000), over the Property,
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and recerpt of
whrch is hereby acknowledged, Grantor hereby grants, creates, and establishes a
ADDUREVISED SUBMIITAL
[ OCT 22 2003 ]
FORT MYERS.SERVICE CENTER
EXHIBIT )).caCL
Slandard Passive Recreation form - July, 2001
10f6
Aoenda Item ~~o. Be
r,Tovember 14. 2006
Page 408 of 511
'J'
perpetual conservation easement for and In favor of the Grantee upon ~~d'~lch
shall run with the land and be binding upon the Grantor, and shall remain In fullllflr1::f8nd
effect forever,
The scope, nature, and character of this conservation easement shall be as
follows:
1. . It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenlc, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained In the enhanced or created
conditions required by the Permit.
To carry out this purpose, the following rights are conveyed to Grantee by this
easement: .
a, To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and .
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2, Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited' in or on the Property:
a. Construction or placing of buildings. roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b, Dumping or placing of soH or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
C. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
':'1 '{ I) ?lJ ~! ~, '\' :;~
1.,. ~.r U .. \, .,,~ ... lL_,
ADDl/REVISED SUBMITTAL
\ l
~T_~~ 2003 J
FORT MYERS SERVICE CENTER
E ~ Ii s., 6 b
Standard Passive Recreation form - July, 2001
JiPi.':l,lf.J\TION NUM8EH 20f6
Agenda Item No. 8e
November 14, 2006
Page 409 of 51"1
. e. Surface use except for purposes that permit the land o~ter area to
remain in its natural condition~ ~~ .
. f. Activities detrlment.lto drainage,flood control, water con~
erosion contror, sot! conservation, or fish and wildlife habitat- preservation including, out
not limited to, ditching, di~lng and fencing;
g.
Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Passive Recreationa~ Facilities. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited
herein and that are not inconsistent with any District rule, criteria, the Permit and the
intent and purposes of this Conservation E'asement. Passive recreational uses that are
not contrary to the purpose of this conservation easement may be permitted upon wrltten
approval by the District.
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks or mulched
walking trails.
b, The .construction and LIse of the approved passive recreational
faCIlities shall be subject to the foliowing conditions:
i. Grantor shall minimIze and avoid, to the fullest extent
possible, impact to. any wetland or upland buffer areas within the
Conservation Easement Area and shall avoid materially diverting the
direction of the natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
Hi. This conservation easement shall not. constitute permit
authorization for the construction and operation of the passive
recreational facilities, Any' such work shall be subject to all
applicable federal, state, District or local permitting requirements.
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
(i:{ .q ? (/ f~ ~, }' S
tJ..... \... . t ~tr . ~..
ADDLJREVISED S'(TS'M"lTTAL
r ~T ~~ 2003 J !
"-~~t:n~~ rLl~VlCSCENaF,> /
Standard Passive Recreation form - July, 2001
I\J..t~uCf\.nm~ ii"HJfVJDk!f!3' of6
p.::;enda item r'Jo. 8C
rJovember 14. 2006
Page 410 of 511
5. Grantee shall not be responsible for any costs or liabIliB~~e
operation, upkeep or maintenance ofthe Property. If ~/"
6. Grantor sha.!' pay any and all real property taxes and assessments levied by
competent authority on the Property,
7. Any costs incurred In enforcing, judicIally or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceed!ngs.
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exerclse Its rights hereunder in the event of .any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement excluslvely for conservation
purposes, Grantee will not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws. '
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisIons of this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified man,
return receipt requested, addressed to the appropriate party or successor-in-interest.
12. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in 6t)L-L-u.?~ County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms,
conditions, drestrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of his conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
Standard Passive Recreation form - July, 2001
ilPt~LU::}.1Tn)M NW\l~i[;E
n C{ 0 I' (\ (~ __ .'! c;,
- '.. ..... t e .J.. C'
ADD' JR~\II('-E" ,-., .-. "--AL
...., \I_V 10 . u ;':'Ut1MI J I
r ocr 222003 --I
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0, ---~-
F')(~-I r R IT 3. () (, _ FORT MYERS SERVJfT rnl~n)
Agenda Item No. se
t-Jovernber 14, 2006
Page 411 of 511
conservation easement; and that It hereby fully warrants and defends the title to the.
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever. Db .io..
IN WITNESS WHEREOF, bQAAJTll~ . has h~~~its
authorized hand this day of ,20 03. 4' -,...
Signed. sealed and delivered
In our presence as witnesses:
Print Name:
A Florida corporation
By: 174~ 1~
PrlntName: ~ ~~ l!:'Lt~m..,c..lKf\tf
Title: V f' '.
Print Name:
ADDUREvj'SED SUBMITTAL
OCT '2 2 2003
Standard Passive Recreation form- July, 2001
~_N"."
FORT M'~~~~ StRVICE CENTER .
,t\~~pt.iCAna~J NUMgn~ of6
03U70Q'''1'1:,
,:err , . t.~
i=XHIRIT l, iJ e
.'
p,aenda Item ~~o. 8e
~.ro\lell1ber 14, 2006
Page .q 12 of 511
) 55:
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~t"l"
STATE OF FLORIDA
COUNTY OF
On this day of , 20_ before me,
the undersigned notary public, personally appeared , personally
known to me to be the person who subscribed to the foregoing instrument and did not
take an oath, as the (position) I of
(corporation) . a Florida corporation, and acknowledged that he
executed the same on behalf of said corporation and that he was duly authorized to do
so. "
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC, STATE OF FLORIDA
Print Name:
My Commission Expires:
South Florida Water Management District
Legal Form Approved:
Date: July, 2001
IU~If$,UCll.TWN MUMnHl
o J, 0 ? 0 H ;" .1 5
ADD --,
UREVISED SUBMITTAL
OCT 2 2 2003
FORT MYER.~..sERvicE CENTER :
Standard Passive Recreation form - July, 2001
60f6
EXHIBIT ~j V ~
.Agenda Item No. se
November 14, 2006
Page 413 of 511'
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Agenda item r'~o. 8e
November "14. 2006
Page414of511
South Florida Water Management District
Work Schodule Requirements
Application No
030709-15
Page 1 of 1
Mitigation Plan ID: CREW .
'1i.p;,11~lt.u,..~,:~:.~;:.J .: ...... . .'...,,:.:,~i~,!1:.:{;,r.\'.llWJllliil~~1~~1~!1;f.~'ii~f~~~i:\:f;;-.~'~'d';.;if';;~." ';')~~:i"V(<;~~i"..s:\t:~~;,~. ~'~''r;'1'~iG.ji!:~:b'''~~~i!'\r.;Jl~U,&jf.\:it~f..~~{~'\~'' '~"".\
n~'ot;~r.!.~'- .!~.:r~: - '-'," ,0::' . ':;I:v~ ~:! :' ':.",' ;~;;<'~J1tlt.J~ieWJrM~~i~'4;.fiGlf~!,L~~~~~\~~~~(:;i"~.:.~';''''~;~'':C .~~ :L.~}.~. 1.:';~t';~~'!:;'~!iL~~II.:'. 1.~':"",:,:::~~w~';'~~~.~9l,ft".~~~;t'~::~.-:JtWt,.IJ;j!tffiml~:1'fflJIt'.~!J.; r::.:.r~'~..~';".
SUBMITTAL OF MITIGATION PAYMENT
30..JUN-2004
MItIgation Plan ID: TERAFINA PUD . .
~~~hF ::~~:,~'",: . . iI',;',; . ":::;:"~":':~'l!:~ .\II\~r~,1;1!W~~!i.>i&HMq~~;p~':;~tt~;'b:>::';; ~'~.~i~2l'f' ~f'1~:~S.;~..;:~,~{;.f(.~";,~;,~~~i)~Mi'itt'il-~~lMffi'i(+gil~.i:t:..: ;i\~ .: '.':".~
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SUBMITTAL OF FINANCIAL ASSURANCE DOCUMENTATION
BASELINE MONITORING REPORT
SUBMITTAL OF RECORDED CONSERVATION EASEMENT
EXOTIC VEGETATION REMOVAL
EXCAVATION AND GRADING MITIGATION AREA
PLANTING MITIGATION AREA
TIME ZERO. MONITORING REPORT
EXOTIC VEGETATION MAINTENANCE
SEMI-ANNUAL MONITORING REPORT
EXOTIC VEGETATION MAINTENANCE
FIRST MONITORING REPORT
SEMt-ANNUAL MONITORINGREPORT
EXOTIC VEGETATION REMOVAL
SECOND MONITORING REPORT
THIRD MONITORING REPORT
FOURTH MONITORtNG REPORT
FIFTH MONITORING REPORT
20-MAY-2004
31-MAY-2004
31-MAY-2004
30-JUN-2004
30-JUN-2004
31-JUL-2004
30-SEP-2004
31-0 EC-2004
30-JUN-2005
31-JUL-2005
30-NOV-2005
30-MAY-2006
30-JUN-2006
30-NOV-2006
30-NOV-200?
3D-NOV-2008
30-NOV-2009
7 Or fl,
Exhibit No : ."), (!
Agenda Item No. se
1.;2. /, f1b)"%f!'8.er/~4, 2006
(.IV u, '-f3'ag~ 4Wof 511
FISH AND WILDLIFE SERVICE
South Florida Ecological Services Office
, ] 339 :!Od. Street
Vera Bead;, Florida j'2960
United States DepartJ;nent of the Interior
.------.----- --.,-------...---..----- --.--..-------......January-1-6; -2{)04.- '--'--' -'
. John R. HaU'
U.S. Army Corps of Engineers
Fort Myers Regulatory Office
1520 Royal Palm Square BOlllevard, Suite 310
Fort . yers, Florida 33.9J9. .., .
ADDLJRS:VISED SUBMITTAll
JAN 26 ;:C:l'I_J
FORT MYERS SERVIC~ C~Nf;n
_~ ____'..h_ _."
JAN 2 6 200% .
FORT MYERS
Service Log No.: 4-1-01.:.F-606
Application No.: 199603501 (IP-TWM)
Date: May 25,2001
Project: Terafina
Applicant: GL Homes
County: Collier
~l'PllC~T10N NUMRj;~
030709-15
Dear Mr. Hall:
The Fish and Wildlife Service (Service) has reviewed infonnation submitted by the V,S. Army
Corps of Engineers (Corps) on Octobor 29,2003, for the application referenced above, The
Service has also reviewed additional infonnation provided to us by the applicant in an email dated
. January 61 2004~ and by the applicant's consultant, Passarella and Associates, Incorporated~ on
December 4,8, and 12,2003, and by letter on January 12, 2004, TiJ.is letteris submitted in
accordance with section 7 of the Endangered Species Act of 1973, as amended (ESA) (87 Stat,
884~ 16 U.S.C. 1531 et seq,) and the provisions of the Fish and Wildlife Coordination Act of
1958, as amended (48 Stat. 401; 16 U.S,C. 661 et seq.).
PROJECT DESCRIPTION
The applicant proposes to construct an 850 unit residential community with infrastructure and
amenities on 435.8 acres of a 646-acre site. The project will involve fill and excavation in
approximately 297 acres of wetlands, 297 acres of wood stork (MycLeria americaJza) habitat, and
435.8 acres of Florida panther (Puma conc%r coryi) habitat. To compensate for impacts to
297 acres of wetlands, the applicant has proposed to preserve and enhance 263.6 acres of onsite
wetlands and adjacent uplands, purchase 154 acres of wetlands in the Corkscrew Regional
Ecosystem Watershed (CREW), and purchase and restore 52 acres ofwetJands in Hendry County.
To compensate for impacts to 297 acres of wood stork habitat, the applicant nas proposed to
preserve and enhance 263.6 acres of wood stork habitat onsite, purchase 154 acres of wood stork
habitat in CREW, and purchase and restore 52 acres of wood stork habitat in Hendry County. To
'compensate [or impacts to 435.8 acres of Florida panther habitat, the applicant proposes to
~rAKE f:~r~.lDE~~'" ~;'
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EXHIBITs'
,4,aenda item f'>Jo. 8e
r'Jovember 14, 2006
Page 416 of 511
JOM R. Hall
January, 16,2004
Page 3
Florida panther
,Fhe'C"i:lrps- has-determined-that-.the-pro j ect- may affect-the-endangered-FI orida 'panther:"'-The . .------...-.-----
. applicant proposes impacts to 435.8 acres of panther habitat. Compensation proposed is
2 IO.8 acres of ansite preservation and enhancement of panther habitat, purchase of 154 acres of
panther habitat in CREW~ and the purchase of~~res of panther habitat in Hendry "County,
Therefore, the Service concurs with the Corps' may affect det~nnination and request for formal'
consultation for the Florida panther.
The Service has received all of the information necessary to initiate fonnal consultation on the
wood stork and Florida panther as required in the regulations governing interagency consultations
(50 .CFR g 402.14). Service Log number 4-1-0 I -F-606 has been assigned to the proposed project.
Piease refer: to the log number in future conespondence regarding this consultation.
The Service has up to 90 days to conclude formal consultation with the Corps and an additional
45 days to prepare our biological opinion (unless we mutually agree to an extension). Therefore,
we expect to provide the Corps a biologica! opinion on or before May 20, 2004. However, we
will expedite the biological opinion for this project; in light Mthe timely receipt of requested
information and cooperation of all parties involved. The ESA requires that, after initiation of
formal consultation, the Federal action agency make no irreversible or irretrievable commitment
of resources that would limit future options. This ensures that agency actions do not preclude the
formulation or implementation of reasonable and prudent alternatives necessary to avoid
jeopardizing the continued existence of threatened or endangered species and to avoid destroying
or adversely modifying designated critical habitat. '
Thank you for allowing us to provide these comments and for your cooperation and effort in
protecting federally listed species. If you have any questions regarding this project, please contact
Brad Rieck at 772-562-3909, extensIon 231.
Sincerely yours,
~PPUCAiiON NUMB~R
,:1 ,I ~':I J' l
'J (r, I L.:.::
./~ y'./ S'1/1 / .
Linda S. Ferrell
Assistant Field Supervisor
South Florida Ecological Services Office
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030709-15
cc:
FWC, Punta Gorda, Florida
SFWMD, Fort Myers, Florida
EPA, West Palm Beach, Florida
ADDL/REVISED SUBI\1ITTAL
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FORT MYERSSERVJCE CIN
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'XHIBIT3;'
ADDw,\cY.:'~D SUBMITTAL
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FORT MYERS SERVICE CENTER'
..___.. {'01' ....
Agenda Item No. se
November 14, 2006
Page 417 of 511
i;l.
06102
Fonn 1105
STATE OF FLORIDA
~.
~4t'J'
PERFORMANCE BOND
TO DEMONSTRATE FINANCIAL ASSURANCE
Date Bond executed:
Effective date:
Principal:
L:.=tLH OeVeLDrMB~T L.L.L. P
Legal Name and Business Address of Principal '.
tLt.c I lLulv~e (;J)'Y D.2.'lJc (S"An-e- CPO ("~i.Av Sfl2.'~J,' ~::r, C1 71
Type of Organization:
-:.-- Individual
Joint Venture
_ Partnership
_ Corporation
State of Incorporation:
License and Registration: TIle Surety is licensed and registered in the State of Florida.
Surety(ies ):
Nsme(s) and Business Addrcss(es)
Scope of coverage: Mitigation, maintenance and monitoring pursuant to the requirements of permit number
II, C7.0s.-r:-? issued by the South Florida Water Management District ("District") including the plans approved by
said pennit.
Total penal sum of Bond:
Surety's Bond number:
l-\t"~.:l'l!!:Yq'IO~~ ~lUM~&':n
011 r: I']
v ~} J 0 H 'rJ, ]' t-
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EXI-IIBIT 3. f DCL
.A.oenda Item r'~o. Be
rJovember 14.2006
Page 418 of511
. 06102
Form 1 IDS .
Period of Coverage: This Bond shall contip.ue to be effective mill notification of final release ~~ct.
The District shall provide this notification of final . release within 30 days of determining the mitigo6fon is
successful in accordance with subsection 4.3.6, B.O.R., incorporated by reference into Rule 40E-4.091,
Florida Administrative Code.,
KNOW ALL PERSONS BY THESE PRESENTS, that we, the Principal and Surety(ies) hereto are fumly
bOlmd to the District in the above penal sum for. the payment of which we bind ourselves, qur heirs, executors,
administrators, successors, and assigns jointly and severally; provided that, where the Sureties are corporations
acting as co-sureties, we, the Sureties, bind ourselves in such sum 'Jointly and severally" only for the purpose of
allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself,
jointly and severally with the Principal, for the payment of such sum only as is set foith opposite the name of
such Surety, but if no l.imjt of liability is indicated, the limit of liability shall he the ful1 amount of the penal sum.
NOW, THEREFORE, the conditions of the, obligation are such that if the Principal shall successfully
complete mitigation, maintenance and monitoring to the satisfaction of the District which t11is Performance Bond
("Bond ") gUarantees, as required by District pennit number Ij-o'w&"..r- P and the plans approved by such
permit, as such permit and' plans may be amended, pursllant to all applicable laws, statutes, rules, and
regulations, as such laws, statutes, rules, and regulations may be amencJed,
Or, if the Principal shall provide alternate financial assurance, as specified in the lH.1ministrative rules of the
Dist.ric~ and obtain the Districtls written approval of such assurance, within. 90 days after the date notice of
cancellation is received by both the Principal and the District from the Smety(ies), then this obligation shall be
null and void, othem~se it is to remain in full force and effect.
The Surety(ies) shall become liable on tins Bond obligation only when the Principal has failed to fu1fil1 the
conditions described above.
Upon notification by the Director of the Natural Resource Management Department of the District that the
Principal h.1s been found in violation of the requirements of permit number it --Dil,iT.e by failing to perform the
mitigation, maintenance and monitoring activities for which this Bond guarantees performance, tile Surety(ies)
shall, within 60 days of receiving such notice, either perform such C011struction and implementation in
accordance with. the pennit and other permit requirements and pursuant to the written directions of the District,
or place the Bond amount guaranteed for the mitigation, maintenance and monitoring (the total penal
sum of this Bond) into a standby trust nmd as directed by Ule District.
Upon notification by the Directm of the Depmiment of Resource Management of the District that the
Principal has failed to provide alternate financial assurance and obtain written approval of such assurance from
the DistJict during the 90 days following receipt by both the PrincipClJ and the District of a notice of cancellation
of the Bond, the Surety(ies) shall place funds in the an10unt guardllteed for the mitigation, maintenance and
monitoring (the total penal sum of this Bond) into a slandby trust fund as directed by the District.
ADDUREVISED SUBMITTAL
L OCT 2 22003 I
i{PPUCPJfON NUiVlRF:fi
0:3 () ? (1 H ~; :/ II,
2
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Aoenda Item No. se
tJovember 14, 2006 .
Page 419 of 511
'I
06/02 ^
Fonn IIOS . ,~~
The Surety(ies) hereby waive(s) notification of amendments to the _ mitigation pI~~.
applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in any way arre~
its (their) obligation on this Bond. .
The liability of the Surety(ies) shall not be discharged by any payment or succession ofpayrnents hereunder,
unless and until such payment or payments shall amount in the aggregate to the penal swn shown on the face of
the Bond, but in no event shall the obligation of the Surety(ies) herelUldei- exceed the amount of said penal swn.
The Principal may terminate this Bond by sending written notice to the Surety(ies); provided, however, that
no such notice shall become effective until the Surety(ies) receive(s) written authorization for tennination of the
Bond by the District.
Principal and Surety(ies) hereby agree to adjust the penal sum of the Bond every two years so that it
'guarantees increased or decreased mitigation, maintenance and monitoring cost provided that no decrease in the
penal swn takes place withoutthe written permission of the District.
IN WITNESS WHEREOF, the PrinCipal and Surety(ies) have ex.ecuted tilis Bond arid have affixed their
seals on the date set forth above.,
The persons whose sigmitures appear below hereby certify that they arc authorized to execute this Bond on
behalf of the Principal and Surety(ies). '
PRINCIPAL
CORPORATE SURETY(IES)
For each co,~urely provide the following:
f21'/J1~
Signature ?,
, ,~... - '--r AlellM/) .A1
Type Name filii! Tille
Name and Address
N~;lMiI/t-r4C ,
Stale of Incorporation
Liability limit S
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Type Name and Tille
Corporate Seal
Corporale Senl
AODUpi\I\SED SUBMnTAL
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fOm MY~~S SERVICE CEN1Eh
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APPliCATION N\J~BER
03 0 7' 0 9 ~ i 5
Agenda Item No. Be
November 14, 2006
ADDUREVISE' --_..~_page 421 of 511
D SUBMITTAL I
r OCT~2 2003 J j
. FORT MYERS SfRVICE CENTER
..._........,..~ "
. AMENJ)ED AND RESTATED FLOW-WAY AGREEMENT
This Amended and Restated Flow-Way Agreement supercedes the previously executed Flow-
Way Agreement filed with the Secretary of State's Office the 3rd day of May 2001.
THIS .AMENDED AND RESTATED FLOW-WAY A~RBEMENT (the "Agreement") is
made by and between 'J.D. Nicewonder, Robert'Vocisano as Co-Trustee under Land Trust
Agreement dated May 24, 1995, and OLDE CYPRESS DEVELOPMENT, LID., (hereafter
collectively referred to as lithe Partiesli) whose addresses are set forth in Paragraph N below.
1. WHEREAS, J.D. Nicewonder is the owner of a parcel of property containing
approximately 1558 acres described in Exhibit A on which will be developed a project known
as MIRASOL (hereafter referred to as "MIRASOL"); and
2. ~REAS, Rob,ert Vocisano is Co-Trustee under a Land Trust Agreement
dated May 24, 1995 to a parcel of propei1.y containing approximately 646 acres described in
Exhibit B on which' will be developed a project known as TERAFlNA (hereafter referred to as
"TERAFINA"); and
3. WHEREAS, OLDE CYPRESS DEVELOPMENT, LTD. is the owner of a
parcel of property containing approximately 500 acres described in Exhibit C on which is
developed a project knovvn as Olde Cypress (hereafter referred to as "OLDE CYPRESS"); and
4. WHEREAS, MIRASOL illId TERAFINA desire to permit, construct, operate
and maintain a flow-way for the discharge of surface waters from MIRASOL and upstream
properti~s. to the Cocohatchee Canal. A conceptual sketch of the proposed flOWN way (hereafter
"Flow- Way") is set forth in Exhibit D and
, I ......
EXHIBIT L'j, t,J
r\UULJI'\LVfO~IJ ~l""lVir I IAL
,A';Jenda item No. se
Novenlber 14, 2006
Page 422 of 511
~PPUCP;T\ON NUMBE.R
() 3 0 7 09 ""1 5
OCT 22 2003 -,
5.
FORT MYERS StRVICE CENTER
WHEREAS, the general design of the .proposeer Flow:'Way will call for the
construction of a series of connected lakes (hereafter "Chain of Lakes"), and other
conveyances along the exterior boundaries of the Flow- Way which will serve to convey
surf~ce water south to the Cocohatchee Canal as well as preserve, enhance, and restore the
interior of the Flow-Way (including restoring hydro-period to the wetlands/marsh area and
preservation ofisolated uplands); and
6. WHEREAS, the Parties desire that MIRASOL, as part of its application
submittals for its project in s,eetions 10, 15 and 22, shall include.. the .design.and modelin..g ,
infonnation for all of the Chain c,>fLakes; and
7, \VHEREAS, TERAFINA has cross-refel;enced this information' in its
applications to SFWlvID and the USACOE, and OLDE CYPRESS has agreed to modify its
existing SFWJ\1DIUSACOE pell11its to include the Chain of Lakes; and
8. WHEREAS, the obligations of MIRASOL. TERAFINA and O~DE CYPRESS
as provided for in this AGREEMENT are contingent upo'n the final, SF\VMD Permit and
Collier County zoning approvals for the :tvITRASOL and TERAFINA projects. These permits.
must be obtained by April 22, 2003 or this Agreement shall be null and void,
- -.... ...
. NOW, THEREFORE, in consideration of mutual covenants and agreements herein
contained, and of other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereto, intending to be legally bound hereby, mutually
covenant and agree as follows:
A. OBJECTIVES. MIRASOL and TERAFINA recognize the need for a unified position
and cooperative effort in order to most effectively and efficiently obtain the necessary
approvals for construction of the Chain of Lakes. The Parties further recognize that the
Flow-Way, including the Chain of Lakes, will be an integral part of their respective projects,
Page2of14 EXHIBIT L/. (
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Agenda Item No. se
November 14. 2006
Page 423 of 511
The mutual objectives of tlle Parties in designing, permitting and constructing the Chain of
Lakes are as follows:
1. MffiASOL will apply to the South Florida Water Management District for an
Environmental Resource Permit, the US Army Corps of Engineers for a Section 404
Dredge' and Fill Permit and Collier . County. for a Clearing and Excavation Permit as
. .,. .
necessary to constrnct the Chain of Lakes: TERAFINA and OLDE CYPRESS will
include the Chain of Lakes in their respective permitting applications relying on
designs and calculations generated by MlRASOL so as to ensure consistency amongst
the submittals. Permitting of ~ose portions of the Flow~Way within each Partv',~
?~nership or control, other than the Chain of Lakes, will be the responsi~ility of , the
individual PHrties MIRA..SOL agrees to pay all p'ermitting costs incurred by OLDE
CYPRESS rela~ing to the Chain or Lakes and the Plow-Way,
2, The Chain of Lakes will be designed to eliminate the need for compensating
storage on MIRASOL and TERAFINA.
3. The Chain of Lakes will be designed to minimize environmental impacts
within the footprint of the Chain of Lakes System, and to provide offsite hydrologic
improvements, resulting in net positive. mitigation credits to compensate for any
environmental impacts attributable to constmction of the .Chain of Lakes . (see
Paragraph B below), Mm.ASOL and T~RAPINA shall be respon~ible for rneetipg
t.p.~ mitig<liioll requirements @sulting fi:o.ru :thcir individual proiects. ~ll1d may u~e tile
portion of th~ F~ow-Way within their own~rship. QI' control, .othe~ than'the Chain of
Lalces, to offset arur mitif!;atipn req~irements that may be imposed, MmASOL will
APPUCfiflON NUMntr'/
Page 3 of 14
o 3 ~)e14 l"err 4'. t--
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,Aoenda item No. se
~~~overnber 14, 2006
Page 424 of 511.
satisfy any mitigation required as a result of the OLDE CYPRESS permit
modifications relating to the Chain of Lakes and the Flow~ Way.
4. ~a9h Party. shall be responsible for constructing that port}on of the Chain of
Lakes, within its ownership or control. 1vIIRASOL shan bear initial operating and
maintenance -responsibilities for the Flow-Way. If TERAFINA _uses the ~low- W ay as
its "outfa1l'~. then TERAFINA will reimhurse .M.IRASOL for its pro rata share of
........~ ..,-
maintenance and operation expenses as determined in Paragraph D below, MIRASOL
shall pay the operation and maintenance expenses for that portion of the Chain of
Lakes within the OLDE CYPRESS property,
5. Once constructed and operational, the parties intend tp convey the Chain of
Lakes to the Big Cypress Basin Board (hereafter "BCBB") of the South Florida Water
Management District for operation and maintenance as a Wark of the Basin. If not
accepted by BCBB, the parties will. convey to such other governmental or' quasi-
governmental entity ,acceptable to both the parties and regulating governments, In the
event the HeBB, or other entity, requires a fee as a condition of accepting the Chain
of Lakes (to offset long-term maintenance expenses) MlRASOL shan pay its own and
, OLDE CYPRESS'S pro rata share, ~d if TERAFINA utilizes the Flow~Way as ~ts
"outfaH", then TERAFINA shall 2.~y it~ pro rata'sh.are,
B, MITIGATION FOR CHAIN OF LAKES. As "set forth in Paragraph A the objective
of MIRASOL and TE.R.AFINA, 1& (.0, design,_ permit and construct the Chain of Lakes in a ,
manner that will eliminate compensating storage, and improve offsite hydrologic conditions
.
;n tl;it> ",,,tAr"h"''' }"I"1D ^ S"L' ~~____l - - 1- "--.~ -- , .__-'.1.. :____u___ t t 1 ...] -, n."
~ L.~U HU.''-'L->UvU. lYUlv-\. V S I..'UUbUltaut1:i ldVC i1l1a()iLl;:;U Ule lHlpl V VC111Cn S 0 lyurulugy
and storage in the area. MIRASOL's objective is to
Page 4 of14
haV~l ~~l/ ~~e~Y,I' mnmental impact~
~, .' n"H.-r-\HOIV: ~~L~~
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(, .5
ADDUKl:.VI~t.l.i QUU''''':":,, \
{ OCT ~-2'~2003
FORT MYERS ~ERVICE CENTER
associated WIt construction of the Chain of Lakes
Agenda Item No. Be
""PUC~JION W'flJltt~21~dg~~
o ~ro 7 0 9 ~ 1. f;
mitigated by the above-described
improvements and to meet the environmental mitigatidn required by SFWMD/USACOE for
the OLDE CYPRESS modification. Any mitilzation reauirements nr crenits attributahlp. to .
the ~hain of ~.!lkeR Within OLDE CYPRES~ _ and TE~INA ,llhall b~ assumed by
t. . ""
MIRASOL.' ,Jf 1'ERAFINA utilizes the Chain' of Lakes and Flow-Way as its outfall, then
. . .
TERAFINA shall assume. any mitigat~~n' requirements or credits relativ~ to construction nf
the Chain of Lakes and Flow-Way within TERAFINA. All. mitiza.tion re'luirements ,and
credits for the Flow-Way cthe~ than the Chain of ~ak~~. shal~ be the. sole. responsibility of the
individual Part.ies .and are outside ,the s~ope of this Agreeme:t:l~. MJRASOL and TERAFINA
shall work with the respective agencies to satisfy mitigation requirements as mandated by
their individual permits for their proj ects .
C. . CONSTRUCTION. Each Party shall be responsible for c~nstructing that portion of
the Chain of Lakes within the property unper its, ownership.o.r control, 'however the 'Portio~
.. .
of the Chain of Lakes within the OLDE CYPRESS property will be constructed by
- -
TERAFThIA. Such construction shall be in stdct compliance with the terms and conditions of
any and all permits or approvals relating to the Chain of Lakes. If constmction is not timely
undertaken by TERAFI~A .pursuant to the timeframes established and agreed upon by the
Parties in the final construction schedule, MIRASOL shall be entitled to enter TERAFINA
and OLDE CYPRESS and complete construction as designed. Any construction activities by
a Party resulting in the issuance of a Notice of Violation or imposition of penalties by a
pennitting agency shall be the responsibility of the individual Party to cure and bring into
compliance with the applicable agency regulations, bearing all costs for same. MIRASOL,
as permittee of the Chain of Lakes shall maintain the right to ensure pennit compliance by all
PageS of 14
E)(riIBIT ~, Lf
OCT 2 -2..2003
.~genda It8m No. 8e
Novernber 14.2006
AP~UCArtD~\ MUMBErfage 426 of 511
08 '0709,= 1ft
FORT MYERS StRVICE CENTER
Parties, including, but not limited to, the right to cure permit violations and recover from the
offending party all costs a,ssoc.iated therewith. ~SOL shall he resp()~~ible to constru~t
'~e outfall s~cture located in OLDE.CYPRBSS and furtb~r~.e~cribed in.paragranh L below.
D. INTERIM AND LONG TERM MAINTENANCE AND OPERATION. On an interim
basis, MIRASOL will be directly responsible for the operation and maintenance expenses' of
the Chain of Lakes. It" is the intent of the Parties, however, that upon completion the Chain of
Lakes it will be transferred to the BCBB. In the event that the BCBB does not accept these
responsibilities, the Parties agree that a single entity (association or CDD) may be fanned to
operate and maintain the Chaill of Lakes. If a CDD is formed it shall be granted the long term
maintenance and operation responsibilities for the Chain of Lakes upon the MIRASOL,
TERAFINA and OLDE CYPRESS properties, Such entity shall be created when required by
either the USACOE or SFVlMD permit. OLDE C\T13ES?; which is not benefited by the
Chain of Lakes, shall not be required to join the CDD, share pro-rata in the maintenance and
I
operation costs discussed below, or share in the cost of formation of the entity responsible for
long term maintenance. The PaJj:i~s azree that any current or future project utilizing tlwChain
.9f L*e~and Flow-Way for water management discharge will contribute to the maintenance
I . . _ .
fJ.11d O-pp.r1'1tifmal CDsts of the Chain of Lakes. A single project's pro-rata cost contribution shall
be in proportion to its percentage of the total contributing project development acres that
outfall into Chain of Lakes and Flow- Way_. The calculation of development acres shall exclude
lands within the Flow-Way. TERAFINA's obligation to pay a pro-rata cost share of the
formation of an associfitiun or CDD, interim ancllong-tenn operation and maintenance costs is
conditioned UDon TBRAE..[NA utilizing the FlQw-yiay as its water management "outfall",
TER.AFINA'S current water management pian utilizes an outfall west of the canal weir
structure fronting GLDE CYPRESS. MIRASOL shall be responsible for creating the enHty.
Page 6 of 14
EXHIBIT t{ S/
ADOUl:ltVlblzl;j SUI3IVllllt\L
~ 2003 ,
fORt MYERS SERVICE CENTER ~
. "'1
the Parties shall cooperate by executing such documents as necessary to create the entity and to
Agenda Item No. se
November 14, 2006
Page 427 of 511
fiPt">UCATlON NUMBER
030709~15
give such entity authority to operate and maintain the Chain ~f Lakes, "Long term maintenance
and operation of the Flow-Way, oth~r than the Chain of LaIces, shall be as set ~orth in each
Partis individual permits for their respective projects.
E. STUDIES AND OTHER MATERIAlS. To assist iri the completion of permit
applications, the Parties shall provide MIRABOL a1! correspondence, reports and
other documents involving their property which they feel may affect the Chain of
Lakes, 'including but not limited to governmental approvals Dr pending applications
. .
for Governmental approvals; Boil reports; surveys and planning studies; flood plain
analyses; aerial photographs, topographical maps and studies; engineering studies
and plans; and any abstracts of title, title opinions, title insuranc'e policies or title
documents which relate to the condition or development of the Chain of Lal<es..
Documentation of each Party's legal and financial concrol of their property should
also be provided, It is understood" that the information above should be limited to
that which bears relation to the Chain o~ Lakes area only and that will assist in the
effic~ent preparation of application submittals. Nothing in this sub-paragraph is
intended to require the Parties to submit privileged information or general
information concerning their property not helpful to the objectives of this Agreement.
F. COUNTY APFROV ALS. As part of its project submittals 111RASOL will prepare and
submit applications and required supporting documentation necessary to obtain County
clearing and excavation permits necessary for the Chain of Lfuces. TERAFINA and OLDE
c~~ss will provide the necessary authorization_ required for MIRASOL to act in the~r
behalf for obtaining these County approvals, If TERAFINA utilizes the Chain of Lakes for its
Page 7 of14
EXHiBIT Lf, &i
l
UCT 2 2 2003
....T. '.
]
APPUCATl ~J~~~WMB ER
")00''''0'' . r:
\ c) I, 9::1'" 1: ..)
Agenda Item No. se
Novernber 14, 2006
Page 428 of 511
FORT MYERS SERVICE CENTER
outfall, TERAFINA shall reimburse MIRASOL for its pro-rata share of obtainin.,g thl'
appr<?y~s, u.p to .~mllxjmurn ~Il1Q1.Ult of .$20,000.
Q, . CONSTRUCTION COSTS. Each Pa~y shall construct that portion o~ the Chain of
Lakes within each of its respective properties except as noted in paragraph C. All fill
material obtained by a Party during construction shall remain the property of that Party to
. '
utilize' or dispose of as desired. In the event TERAFINA fails to initiate and complete
construction of their portion of the Chain of Lakes, consistent with the timeframes
established in the final construction schedule, MIRASOL sh_all have the ri[.ht to construct that
port}on of the project and, a~ full compensa~on, retain ~ll fill material obtained during
~onstructioIL . To remove any incentive for a party to abandon construction following the
removal of all organic or easily obtainable/valuable material, the Parties agree that the
remaining Parties are authorized to complete any portion of the project abandoned and to
recover all construction 9ostsassociated with same (as well as any remaining spoil material,
the value of which shall be deducted from the total recoverable costs). The abandoning Party
shall be given written notice and a cure period of 30 days to resume construction from the
date of receipt of said notice.
H. PARTIES REPRESENTATIONS WITH RESPECT TO THE PROPERTY. Each
Party hereby represents to each other Party that as of the Effective Date they:
1. have the sufficient legal authority to conduct the proposed activities on that
portion of their property included within the Chain of Lakes (proper documentation
must be forwarded to MllZASOL for inclusion in the permit application package).
2. are not aware of pending or threatened condenmation or similar proceeding
affecting their property included within the Chain of Lakes or any portion thereof;
Page 8 of]4
EX~UBIT L{ )
Agenda Item No. se
November 14, 2006
Page 429 of 511
APPUCAi~ON ~UM~ER
\1 ~~ 0 7 0 9'" 1. 5
3. ar~ not aware of legal actions, suits or other legal or administrative proceedings
pending that affect that portion of their propelty included within the Chain of Lakes
(other than the current proceedings instituted by TERAFINA against the South Florida
Water Management District),
4. are not aware of any oral or written service, maintenance, landscaping, security,
management or similar contract which c01;1ld affect the operation or maintenance of that
("0")
C::l
.~
C"'J
C"I '
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-- portion of their property included within "the Chain of Lakes;
ffil
I
ffi ! 5. are unaware of any leases, oral or written, affecting that portion of their property
u:. .
t5 I included within the Chain of Lakes or any part thereof, nor any other right, title or
:>1.
0::
.W
. en interest granted to any other individual or entity;
en
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~ 6. the persons signing below represent that they are duly aut~orized to execute this
~
o Agreement; and
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7. do not believe there to be any adverse 'or other parties in possession of their
property included within the Chain of Lakes;
1. INDEMNJFICATION. The Parties hereby agree to defend, indemnify, save and hold
MIRASOL harmless fTom and against any and all liabilities and claims, other than
MIRASOL's own negligence or willful misconduct, regarding or relating to the permitting or
construction of the Chain of Lakes including any property damage or contractual liability
resulting from any acts or omissions of MIRASOL arising under its obligations set forth in
this Agreement. MIRASOL shall insure that all contractors constructing the Chain of Lakes
carry a three million dollar general liability policy naming TERAFINA and OLDE
CYPRESS as additional insureds.
J. ASSIGNMENT. In the event a Party conveys its interests in the above-described
properties, this Agreement, together with its corresponding responsibilities, obligations and
Page 9 of 14 l=)(l-H BIT 1..1 J 0;
UCU 2 2003 J
APPUCKflON \~l~BER
~,'
030709'"'15
Agenda Item r\]o. Be
r\jovember 14. 2006
430 of 511
i,
l
FORT MYERS SERVICE CENTER
liabilities shall be assigned to the new owner of the proper~ and that new owner shall
assume all responsibilities, obligations and liabilities set forth h~rein.
K. CHAlN OF LAKES EASEMENT. The Parties understand that the final
configuration and location of the Flow-Way and Chain of Lakes will depend upon SFWMD
permitting. Once fmal, the Parties will execute sufficient construction, maintenance and
drainage conveyance easements to satisfy the intent and obligations of. the Parties set forth
herein. The easements shall be in a form acceptable to SFWMD or other appropriate
governmental entity.
L. DRAINAGE AND MAINTENANCE EASEMENT. MIRASOL shall permit and
construct the outfal~ stmcture that will provide the discharge from the Chain of Lakes to the
Cocohatchee CanaL To allow construction, long-term operation and maintenance of this
structure, OLDE CYPRESS shall provide to MIRASOL not to exceed forty-feet wide, non-
exclusive easement on the western boundary of Lot # 1 of Preserve Commons. The
easement shall be executed and held in escrow by Quarles and Brady until SFWMD and
Collier County zoning approvals for TERAFINA are obtained, at which time it will be
released to MIRASOL
M. ADDITION OF OTFIER PARTIES TO THE AGREEMENT. Providing the design
capacity of the Chain of Lakes (580 cfs) has not been exceeded, MIRASOL shall have the
unilateral right to approve other Parties to join in this Agreement and discharge to the Chain
of Lakes under appropriate terms and conditions that shall be set fGl1h in an addendum to this
Agreement. Should the design capacity of the Chain of Lakes be exceeded, then additional
Parties could only join in this Agreernent with the unanimous approvai or all current
signatories to the Agreement.
Page 10 of 14
E)(rIlBiT Lfl9
Agenda Item No. se
November 14, 2006
Page 431 of 511
N. NOTICES. Notices hereunder shall be given to theP~rties set forth below and shall
be made by h~d delivery, facsimile, overnight delivery or by regular mail. If given by
regula'r mail, the notice shall be deemed to have been given within a required time if
deposited in U.S. Mail, postage prepaid, within the time limit. For the purpose of
calculating time limits, time shall be calculated from actual receipt of the invoice or notice.
Time shall run only on business days which, for purposes' of this Agreement, shall be any
day other than a Saturday, Sunday or legal public holiday, Notices shall be addressed as
follow:
~"".~ C~"\ON ~.mMn~'
iS~ fP Ll
. .
03 {} 7 09'" 15
AD DURE.V\SEO- SugM\1TAl ~
ocn~ \
fORi M\{E~~ St.R~\CE. CEN1ER ,
Page 11 of 14
EX~IIBIT [1/ j()
Aaenda Item 1\)0. se
N~o\lember 14, 2006
Page 432 of 511
ADDUREVISED SUBMITTAL
t ocr ~:2 200~
FORT MYERS SERVICE CENTER
~ Address
MIRASOL c/o Don Milarcik
Celerity Construction
6205 Carlton Lakes Blvd.
Naples, FL 3411 b
TERAFIN A c/o Paul Hardy
5692 Strand Court,
Naples, FI 34110
OLDE CYPRESS
c/o Paul Hardy
5692 Strand Court
Naples, PI 34110
APPUCATiON r40MBER
03 07 0 9 ... 1 5
With. Required Copy to:
Stephen Walker
Lewis, Longman & Walker,
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
Frank Matthews
Hopping, Green, Sams & Smith
123 South CalhOlll1 Street
P.O. Box 6526
Tallahassee, FL 32314
Frank Matthews '
Hopping, Green, Sams & Smith
123 South Calhoun Street
P.O. Box 6526
Tallahassee, FL 32314
O. DISPUTE RESOLUTION. All claims, disputes and other matters in question
between the Parties to. tliis Agreement arising out of or relating to this Agreement or the
breach thereof, shall be decided by mandatory and binding arbitration in accordance with the
rules of the American Arbitration Association (the "AAA") currently in effect unless the
Parties mutually agree otherwise.
P. EFFECTIVE DATE. The Effective Date hereof shall be the date the last Party
hereto executes this Agreement.
Q. TIME. Time is of the essence in this Agreement.
R. PARTIES. The rights and obligations hereunder shall be binding upon and inure to
the benefit of the Parties hereto, their heirs, successors, administrators, consultants, agents
and assigns. A Party assigning his rights or obligations under this provision should
Pagel2ofI4
EX!iIBIT L; II
nUl..)~'\.L..." .v'Woo...... ---.....
locnz 2003 J
FORT MYERS SERVICE CENTER
Agenda Item No. 8e
November 14, 2006
Page 433 of 511
APpueATmN NUMBER
030709"'15
imniediately provide notice of such (iricluding name. address and relevant information of
assignee) to all remaining Parties. As used in this Agreement, any gender shan ?e deemed to
refer to the appropriate gender, whether masculine or femmine. and the singular shall be
deemed to ~efer to the plural where appropriate, and vice versa.
S. PARTIAL INVALIDITY: In the event ~at any paragraph or portion of this
Agreement is determined to be unconstitutional, unenforc.eable or invalid. such paragraph or
portionof'this Agreement shall be stricken and the remaining portion of this Agreement shall
remain in full force and effect.
T. WAIVER OF BREACH. The failure of any Party hereto to enforce any provision of
tins Agreement shaH not be construed to be a waiver of such or any other provision, nor in
any way to affect the validity of all or any part of this Agreement or the right of such Party
thereafter to enforce each and every. such provision. No waiver of any breach' of this
Agreement shall be held .to constitute a waiver of any other subsequent breach.
u. ATTORNEY'S FEES. In the event arbitration and/or litigation is required by any
Party to enforce the terms of this Agreement, the prevailing Pa~ of such action shall, in
addition to all other relief granted or awarded by the conrt, be entitled to judgment for
reasonable attorneys' fees incurred by reason of such action and all costs of suit and those
incurred in preparation thereof at both the trial and appellate levels. Nothing in this
paragraph shall diminish, detract from or affect the Parties' agreement to arbitrate disputes as
set forth in paragraph O.
v. ENTIRE AGREEMENT. This Agreement, including the Exhibits attached hereto,
which are incorporated herein by reference, contains the entire Agreement between the
Parties and aU other representations, negotiations and agreements, written and oral, are
Page 13 of 14
EXI-BBIT ~f ,L-
Agenda Item No. se
Novernber 14, 2006
Page 434 of 511
"J'
superseded by this Agreement and are of no force and effect. This Agreement may be
amended and modified only by instrument, in writing,'executed by all Parties hereto. .
w!
COUNTERPARTS.
This Agreement may be executed in any number of
counterparts, each of which when executed and delivered shall be an original, with all such
counterparts constituting a single instrument.
X. CAPTIONS. The captions contained herein are for convenience only and are not a
part of this Agreement.
Y. APPLICABLE LAW. This Agreement shall be construed by and controlled under
the laws of the State of Florida.
Z. NO AGENCY OR JOINT VENTURE. This Agreement shall not be construed to in
any way establish a partnership; joint venture, or express or implied employer-employee
relationship between the Parties. .
IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the_
r of .::T-- '7' 2002.
1~'ftr..t\C$\TIOM MUMgE~
03070Br.><1f.i
\
Page 14 of 14
E)(1-UB!T L{ { 3
Agenda Item No. se
November 14, 2006
Page 435 of 511
_\
IN \VITNESS WHEREOF, the said Partie~ have hereunto set their hands arid seals the
Oi:"I\
D of 'J:~u A {2.. Y , 2002.
I
Witnesses:
IJ;_JAJ. /dA)k-A~
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J'lPPUCJlTHlN NUMBER
O~~0709~15
EXHIBIT Lf,l {,I
p,genda Item No. 8C
November 14. 2006
Page 436 of 511
IN WITNESS WHEREOF. the said Parties have hereunto set their hands and seals the
'B' Tlo\.
of ~l-.)WAla1 ,2002.
I
VVitnesses: .
)J.j~Joj !j;.~k~C1-"
~&"~ -ft~~
\.
ROBERT VOC SANO
Co-Trustee under Land Trust Agreement
dated May 24, 1995
I;\Clicnt Documcnts\Mira.sol\4246\Mi~o\Flow-wa)' Flnnl Revised Changcs Highlighted.dne. " .
. M;p-UeN~WN NlJMWm,n
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t\!ovember 14. 2006
Page 437 of 511"
APR. :30 2e81 eJ4 r ~ElF'M F>2 .
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SCALe: IN rEET I
ADDUREVISED SU8MITT~L t
OCT 2 2 2003
. ~
FORT MYERS SERVICE CENTER!
MIRASOL
PROJEct IS LOCATED IN:
TOWNSHIP 48 SOUTH
RANGE 26 EAST
SECTIONS 10. 115 !, PORTIONS OF 22
TOTAL PROPERTY = 1558 Ac.t
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RUNDAGE, INC.
l'toWaloflllll!t1~~a'I, 'J'\lltMU7U & Lc..d SuO'tYot,
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PRO eT N t - O/1.I.'MNa T
MlRASOL P,U.D.
SECTIONS 10,15 & Porilom, of Z2
Flow Way Agreement
Exhibit A
All~ I>flO:'$F No"
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FROM ~ AClNOLJ BRRBER 13R1-...".iOE
PHQ-JE NO.
.Agenda Item No. se
November 14. 2006
Page 438 of 511
~R. 30 2001 e~:31PM p-
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:; I PROJECT IS LOCATED IN: ~~ ;;./:-. 7 /\1, ' . ~:::: . . .::::;: i' ~
i ~TOWNSHI~ 4S SOUTH :: ~:JlI~ ~. ".':;':-::;::::::::::-. ::~:::r .
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jg ~ "VNTI-e. ~ ~ ~ ~~~-,l,? SECTION 15, T 48S, R 26E
~ \: ~ _ - po- ~ ~{) ~~~ ...ri~ Flow Way A~reomlJnt
~ j 0 500 1000 2Cioo ~ ;;':Y~ ~~. ExhibIt B
co ) 7,::;"0., .... ~:~ .WP [AElBP"lOJtCT N..: 7BBJ
~ SCALE IN rE ET / I".:. CHIC ~~: 'WI' /lc~a PilE N.o.N(: IlW..l,. WJ t..X:OL
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Agenda Item No. Be
November 14, 2006
Page 439 of 511
APR. 3e 2~1 ~4:~~M ~4
FROM i AGNDLI EAREER BRUlr'. ~E
PI-JJNE NO.
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Agenda Item No. se
November 14, 2006
Page 440 of 511
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Agenda Item No. se
November 14, 2006
Page 441 of 511
, I
STAFF REPORT DISTRIBUTION LIST
TERAFINA PUD
Application No: 030709.15
Permit No: 11-02055-P
JNTERNAL DISTRIBUTrON
EXTERNAL DISTRIBUTION
x . Marie Dessources - 7420
X StephanIe R. Smith, P.E. . 7420
X Ricardo A. Valera, P .E. - 7420
X Ross T. Morton, P.W.S. -7420
X A. Waterhouse - 4220
X ERC Engineering - 7420
X ERC Environmental- 7420
X Fort Myers Backup File - 7420
X J. Golden -4210
X Permit File
X R. Robbins. 4250
X PermIttee - Glh Development Lllp
X Engr Consultant - Hole Montes Inc
GOVERNMENT AGENCIES
X Collier County - Agricultural Agenl
X Collier County EngIneer Engineering Review Services
X Drv of Recreation .and Park - Dlstricl8 - FOEP
X FOEP
X Florida Fish & ;\I~i1d,V(~ l.qo.n,s~ry':l.t,i~~icommission -
Bureau of Protec~e~ spsGresMgmt I
GOVERNING BOARD MEMBERS
':-, , '~ ;. j
OTHER INTERESTED PARTIES
Mr. Harkley R. Thornton
Mr. Hugh Engllsh
Mr. Kevin McCarty
Mr. Lennart Undahl
Mr. Michael Collins
Mr. Nicolas Gutierrez, Jr.
Ms. Irela Bague
Ms. Pamela Brooks-Thomas
Ms. Trudi Williams
t."
.'~ ' l-; ..:~. .. _L, '..' ,..
X Audubon of Florlda"- Charies Lee'
X Florida Wildlife Federation - Nancy Anne Payton
X Leonore Reich
X Mlrasol Development LLC
X PMS, Inc. Karen Bishop
X S.W.F.R.P.C, - Glenn Heath
X Waler Managementlnslitute - Michael N. Vanalla
Agenda item No. 8e
~~ovember 14, 2006
Page 4.012 of 511
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
JACKSONVILLE DISTRICT CORPS OF ENGINEERS
FORT MYERS REGULATORY OFFICE
1520 ROYAL PALM SQUARE BOULEVARD, SUITE 310
FORT MYERS, FLORIDA 33919
Regulatory Division
South Permits Branch
West Permits Section
Fort Myers Regulatory Office
SAJ-1996-3501 (IP-TWM)
\JUN 0 2 200m
Mr. Bill Fenno
G.L, Homes of Naples Associates II, LTD,
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, Florida 33323
Dear Mr. Fenno:
The U.S. Army Corps of Engineers (Corps) is pleased to
enclose the Department of the Army permit, which should be
available at the construction site. Work may begin immediately
but the Corps must be notified of:
a, The date of commencement of the vJOrk,
b. The dates of work suspensions and resumptions of work,
if suspended over a week, and
c. The date of final completion,
This information should be mailed to the Enforcement section
of the Regulatory Division of the Jacksonville District at Post
Office Box 4970, Jacksonville, Florida 32232-0019, The
Enforcement Section is also responsible for inspections to
determine whether Permittees have strictly adhered to permit
conditions.
IT IS NOT LAWFUL TO DEVIATE FROM
THE APPROVED PLANS ENCLOSED,
Sincerely, { /1
rY "lId I:)L
~ h ~/!J, -:; ..
Lawrence C. Evans
Chief, Regulatory
Division
Enclosures
Copies Furnished:
Reading File, CESAJ-RD-PE
RECEIVED
NOV 0 2 2008
Aaenda Item No. Be
tJovember 14, 2006
Page 443 of 511
REPLY"O
ATTENTION OF
DEPARTMENT OF THE ARMY
JACKSONVilLE DISTRICT CORPS OF ENGINEERS
FORT MYERS REGULATORY OFFICE
1620 ROYAL PALM SQUARE BOULEVARD, SUITE 310
FORT MYERS, FLORIDA 33919
~UN 0 2 2006
Regulatory Division
South Permits Branch
West Permits Section
Fort Myers Regulatory Office
SAJ-1996-3501 (IP-TWM)
Mr. Bill Fenno
G.L, Homes of Naples Associates II, LTD.
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, Florida 33323
Dear Mr. Fenno:
The U, S. Army Corps of Engineers (Corps) has completed the
review and evaluation of your permit application number SA,}-
1996-3501 (IP-TWM), known as "Terafina," The project is located
north of Immokalee Road and east of Interstate 75 in Section 16,
Township 48 South, Range 26 East, Collier County, Florida, Our
regulations require that you have an opportunity to review the
terms and conditions prior to final signature by the Department
of the Army, Enclosed are two unsigned Department of the Army
permit instruments (permit),
Please read carefully the Special Conditions beginning on
page three of the permit. These were developed to apply
specifically to your project. Water Quality Certification is
also required prior to issuance of a permit. A copy of the
state certification for your project has been received, In
accordance with General Condition 5 of the permit, the Water
Quality Certification has been attached to the Department of the
Army permit,
This letter contains an initial proffered permit for your
proposed project/permit application. If you object to certain
terms and conditions contained within the permit, you may
request that the permit be modified. Enclosed you will find a
Notification of Administrative Appeal Options and Process fact
sheet and Request for Appeal (RFA) form. If you choose to
object to certain terms and conditions of the permit, you must
follow the directions provided in Section 1, Part A and submit
the completed RFA form to the letterhead address.
Agenda Item tb se
t.Jove:Tlber 14 2006
PaQe 444 of 511
-2-
In order for an RFA to be accepted by the Corps, the Corps
must determine that it is complete, that it meets the criteria
under 33 CFR Part 331,5, and that it has been received by the
District office within 60 days of the date of the RFA, Should
you decide to submit an RFA form, it must be received at the
above address by August 2, 2006,
It is not necessary to submit an RFA form to the District
office, if you do not object to the determination/decision in
this letter, In this case, both copies must be signed by the
applicant in the space provided on the signature page of the
permit, In the case of corporations, acceptance must be by an
officer of that corporation authorized to sign on behalf of the
corporation. The party responsible for assuring the work is
done in accordance with the permit terms and conditions must
sign the permit. Please type or print the name and title of the
person signing below the signature and the date signed.
SIGN AND RETURN BOTH PERMITS, IN THEIR ENTIRETY, TO THE
LETTERHEAD ADDRESS, ALONG WITH A CHECK OR MONEY ORDER FOR
$100,00 MADE PAYABLE TO THE FINANCE AND ACCOUNTING
OFFICER, JACKSO~vILLE DISTRICT.
Both permits will be signed by the District Engineer and one
copy returned to you, It is important to note that the permit
is not valid until the District Engineer signs it.
The Corps Jacksonville District Regulatory Division is
committed to improving service to our customers. We strive to
perform our duty in a friendly and timely manner while working
to preserve our environment. We invite you to take a few
minutes to visit the following link and complete our automated
Customer Service Survey:
http://www.saj.usace.army.mil/permit/forms/customer_service.htm.
Your input is appreciated - favorable or otherwise.
Agenda Item No. 8e
f..Jovember 14, 2006
Page 445 of 511
-3-
Should you have any questions, please contact Mr, Tunis
McElwain at the letterhead via electronic mail at
Tunis,W,McElwain@saj02,usace,arrny,mil, or by telephone at 239-
334-1975, ext, 31,
Sincerely,
~~ ~~T<:~'
fd;(
Lawrence C, Evans
Chief, Regulatory Division
Enclosures
Copy Furnished: (w/o encls)
Passarella and Associates, Inc,
See Section below
A
B
C
D
E
You may accept or object to the penuit.
. ACCEPT: If you received a Standard Permit, you lIIay sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that YOII accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approvedjurisdictional determinations associated with the permit.
. OBJECT: If you object to the pennit (StaJldard or LOP) because of certain terms and conclitions therein, you may request that
the penuit be modified accordingly. You must complete Section II of this form and retw.n the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (n)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) 1\ot modify
tile permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send YOll a proffered pertuit for your reconsideration, as inclicated in Section B below.
B: PROFFERED PERMIT: Youlllay accept or appeal the permit
. ACCEPT: lfyou received a Standard Peril/it, YO/lII/ay sign the peril/if document and return it to the district engineerforjinal
authorization. lfyoll received a Leiter of Permission (LOP), YOll may accept the LOP andyollr work is authorized. Your
signature on the Standard Pernlit or acceptmlce o.ftlie LOP means that yo II accept the permit in its entire~y, and waive all rights
to appeal the permit, including its tall/s and conditions, and apPl'Oved jurisdictionaf determinations associated with the permit.
. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal tile declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. Tllis form mllst be received by the division engineer within GO days of the
date of this notice.
C: PERMIT DENIAL: Y Oll may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of tIlis form and sending the form to the division engineer. This form mllst be received by the division
engineer witi\in 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You Illay accept or appeal the approved JD or provide new information.
. A CCEPT: You do not need to notify the Corps to accept all approved JD. Faifure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive aU rights to appeal the approved JD.
. APPEAL: If you disagree with tile approved JD, YOlllllay appeal tile approved JD under the Corps of Engineers Administrative
Appeal Process by completing Sectioll II of this form and sencling the form to the division engineer. TillS form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELlMINAP..Y JURISDICTiONAL DETERMINATION: You do lIot need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appenlablc. If YO\l \Visll, you I11ny request cUI approved JD (which may be appealed), by contacting
the Corps dislrict for f'Hiher instmctioll. Also you may provide ncw information for further consideration by the Corps to reevaluate
the JD.
I
Agenda Item No. ae
November 14, 2006
Page 447 of 511
i.j~$.~tn~:~l.ltMMppa'S;'ti)t.Q~~_$i$..#gjj~$).$tm~.$.~r.Q'$jN.~tijllW.J:m;;l.lttnW~J;H~Jf:~WilM~U~WM~[@i~fmmngi@J&i::Mt'WM.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in tile administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of tile administrative record, the Corps memorandum for the
record of tile appeal conference or meeting, and lUlY supplemental information tllat the review officer has detennincd is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new infornmtion or amlyses to the record. However,
YOIl may provide additional information to clarify the location of information that is already in the administrative record.
:;~P!Nftrw.eIG@WPm.c.\jln.PRM~ftg$mtw.N$.g;tattN.r:@ltM;&:nt@'imH'hnlti!jifN1iiinJl~MFlBFIgiWi@1:m:il%:;:;=m%mWiB!IWWj:I}M:Um@nmmFl.lW:
If you have questions regiuding tlus decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Proj ect Manage:!:' as noted in letter
stuart Santos
904-232-2018
IUGHT OF ENTRY: Your signature below grants the right ofentI)' to Corps of Engineers pcrsOlmel, and any government
consultants, to conduct investigations of the prQject site during Ute course of the appeal process. You will be provided a 15 day
notice of any site investigation, and wiII hnve the OPPOflllllity to pmiicipate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
Agenda Item r~o. 8e
r~overnber 14, 2006
Page 448 of 511
DEPARTMENT OF THE ARMY PERMIT
Permittee: G.L. Homes of Naples Associates II, L TO.
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, Florida 33323
Permit No: SAJ-1996-3501 (IP-TWM)
Issuing Office: US Army Engineer District, Jacksonville
NOTE: The term "you" and its derivatives, as used in this permit, mean the permittee or
any future transferee. The term "this office" refers to the appropriate district or division
office of the LJS Army Corps of Engineers having jurisdiction over the permitted activity
or the appropriate official of that office acting under the authority of the commanding
officer.
You are authorized to perform work in accordance with the terms and conditions
specified below.
Project Description: To discharge approximately 800,000 cubic yards of fill into 229.44
acres of jurisdictional freshwater wetlands. The applicant is also authorized to excavate
approximately 700,000 cubic yards from 66.23 acres of jurisdictional freshwater
wetlands. Total impacts to jurisdictional wetlands are approximately 295.67 acres. The
work is to be completed in accordance with the attached plans numbered SAJ-1996-3501
(IP-1WM) 13 sheets dated July 29, 2004. These drawings can be found in Attachment A,
which is attached to, and becomes part of, this permit.
Project Location: The proposed project involves freshwater forested wetlands within the
Cocohatchee watershed and is located north of Immokalee Road and east of Interstate 75
in Section 16, Township 48 South, Range 26 East, Collier County, Florida
Latitude 26017'42" N I Longitude 81042'48" W
Agenda Item No. 8e
November 14. 2006
Page 449 of 511
SAJ-1996-3501 (IP-TWM)
T erafina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on June 2. 2011 . If you
find that you need more time to complete the authorized activity, submit your request
for a time extension to this office for consideration at least one month before the above
date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
requirement if you abandon the permitted activity, although you may make a good faith
transfer to a third party in compliance with General Condition 4 below. Should you wish
to cease to maintain the authorized activity or should you desire to abandon it without a
good faith transfer, you must obtain a modification of this permit from this office, which
may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediately notify this
office of what you have found. We will initiate the Federal and State coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for
listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature
and mailing address of the new owner in the space provided and forward a copy of the
permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must
comply with the conditions specified in the certification as special conditions to this
permit. For your convenience, a copy of the certification is attached (see Attachment
B).
6. You must allow representatives from this office to inspect the authorized activity at
any time deemed necessary to ensure that it is being or has been accomplished in
accordance with the terms and conditions of your permit.
2
Agenda Item No. se
November 14. 2006
Page 450 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
Special Conditions:
1. The compensatory mitigation plan shall consist of an on-site preserve consisting
of 283.98 acres, off-site preserves consisting of 154 acres connected to existing
CREW preserves, off-site preserves consisting of 107 acres in Hendry County,
and the purchase of 8.74 credits at Big Cypress Mitigation Bank.
~*;:!:;The permittee shall perform compensatory mitigation for unavoidable wetland
impacts by creating an on-site 283.98-acre mitigation area. The mitigation area
shall be created by the enhancement of 153.97 acres of wetland through hand
removal of exotic vegetation; enhancement of 104.97 acres of wetland through
mechanical removal of exotic vegetation, grading, and planting with native species;
creation of 22.51 acres of upland preserve; and the creation of 2.53 acres of wetland
buffer. The on-site mitigation areas will be enhanced, maintained, managed,
and preserved in perpetuity.
3. The permittee shall also perform compensatory mitigation for unavoidable
wetland impacts and minimize potential impacts to the federally endangered
Florida panther by creating a 107.57 -acre off-site mitigation area. The mitigation
area shall be created by enhancing 60.33 acres of wetland through hand
removal of exotic vegetation, enhancing 42.84 acres of upland through hand
removal of exotic vegetation, and enhancing 4.4 acres of upland with native
vegetation plantings.
4. The 283.98-acre on-site and 107.57-acre off-site mitigation areas will be
enhanced, maintained, managed, and preserved in accordance with the On-Site
and Off-Site Mitigation and Monitoring Program (Attachment C) unless otherwise
specifically stated in the Special Conditions of the permit. All mitigation areas
shall remain in a natural state in perpetuity and shall not be disturbed by any
dredging, filling, land clearing, agricultural activities, planting, or other
construction work whatsoever unless authorized in Attachment C or by the Corps
of Engineers. Any additional work in the mitigation areas shall require
Department of Army authorization, either as a modification to any permit issued
or a separate authorization, and may require mitigation
5. The permittee shall also perform off-site compensatory mitigation for
unavoidable wetland impacts by purchasing 154 acres within the Corkscrew
Regional Ecosystem Watershed Trust (CREW). Prior to commencing any work
authorized by this permit, the applicant shall provide documentation to the Corps
that $1,260,798.00 has been remitted to the SFWMD's Wetland Mitigation Fund
3
Agenda Item No. se
November 14, 2006
Page 451 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
(Fund 211) for the purchase and management of 154 acres in CREW.
6. Within 90 days of permit issuance, the applicant shall purchase 8.74 credits from
Big Cypress Mitigation Bank and provide a copy of the Big Cypress Mitigation
Bank Credit Ledger showing DA permit number SAJ-1996-3501 associated with
the purchase of the 8.74 credits.
7. The permittee shall monitor the on-site 283.98-acre mitigation area and the off-site
107.57 -acre parcel. Monitoring shall consist of baseline monitoring (prior to
mitigation construction), time-zero monitoring (within 30 days following completion of
the mitigation work). and annual monitoring reports thereafter. All monitoring reports
will be mailed to the U.S. Army Corps of Engineers, Regulatory Division,
Enforcement Branch, Post Office Box 4970, Jacksonville, Florida 32232-0019. Each
monitoring report will include data collected on vegetation, wildlife, rainfall, and
wetland water levels, and other information as described in Attachment C and must
also include the following items:
(1) Department of the Army Permit number,
(2) Sequence number of the report being submitted,
(3) Date the next report is expected to be submitted, and
(4) Brief summary of the status of the mitigation including any problems encountered
and the remedial actions taken.
8. Annual monitoring shall continue for a minimum of five years or until the success
criteria has been met for three consecutive years following the last supplemental
planting of native vegetation. A request for a final inspection shall be submitted
with the last monitoring report. The Corps of Engineers shall make the success
determination,
9. The permittee shall prepare a legally sufficient conservation easement (CE) for
the 283.98-acre on-site internal mitigation area and the 107.57 -acre off-site
mitigation area. The South Florida Water Management District (SFWMD) shall
be the grantee for the conservation easement with enforcement rights to the
Corps of Engineers. The permittee shall provide documentation to the Corps of
Engineers that the area has been placed under a conservation easement and
has been recorded prior to the occupancy of any building or facility on the
project site. After the conservation easement has been recorded, the
conservation easement shall not be amended or revised in any way without
written authorization from the Corps of Engineers.
10. The on-site 283.98-acre mitigation area and the off-site 107.57-acre parcel shall
be enhanced and managed in perpetuity for the control of invasive exotic
4
A.aenda Item No. 8e
~Jovernber 14,2006
Page 452 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
vegetation as defined by the Florida Exotic Pest Plant Council's 2001 List of
Invasive Species (Category 1) (http://www.flePQc.org/). There shall be no
invasive exotic vegetation or nuisance plant species of seed bearing size in the
mitigation area. Plants over three feet in height are considered to be seed
bearing size. At no time shall the density of invasive exotic vegetation or
nuisance plant species smaller than seed bearing size exceed 2% of the aerial
cover in any individual stratum. At no time shall the total density of invasive
exotic vegetation or nuisance plant species smaller than seed bearing size
exceed a total of 4% for all strata.
11. Within 60 days from the date of issuance of the permit, the permittee shall prepare
and submit to the Corps of Engineers legally sufficient conservation easements (CE)
for the 283.98 acres of on-site preserve and the off-site 107.57 -acre parcel. The
draft conservation easements shall include a legal description, survey, and scale
drawings. The draft conservation easements shall be furnished to the
Jacksonville District Office of Counsel, c/o the Regulatory Division, Enforcement
Brand), Post Office Box 4970, Jacksonville, Florida 32232-0019, for legal review
and approval.
12. Within 30 days of the U.S. Army Corps of Engineers approval of the proposed
conservation easements in paragraph 12, the permittee will record the
easements in the public records of Collier and Hendry County, Florida,
respectively. A certified copy of the recorded documents, plat, and verification of
acceptance from the grantee will be forwarded to the Jacksonville District,
Enforcement Branch. The recordation and notification to the District Office must
occur prior to the occupancy of any building or facility on the project site.
13. The permittee must show that it has clear title to the real property and can
legally place it under a conservation easement. Along with the submittal of the
draft conservation commitment, the permittee shall submit a title insurance
commitment, in favor of the grantee, for the property, which is being offered for
preservation. Any existing liens or encumbrances on the property must be
subordinated to the conservation easement. At the time of recordation of the
conservation easement, a title insurance policy must be provided to the Corps of
Engineers in an amount equal to the current market value of the property.
14. The permittee agrees, in the event the permit is transferred, proof of delivery of
a copy of the recorded conservation easement to the subsequent permittee or
permittees must be submitted to the Corps of Engineers together with the
notification of permit transfer.
5
Agenda Item No. se
November 14, 2006
Page 453 of 511
SAJ-1996-3501 (IP-TWM)
T erafina
15. The grantee shall not assign its rights or obligations under this conservation
easement except to another organization qualified to hold such interests under
the applicable state and federal laws, including Section 704.06 Florida Statutes,
and committed to holding this conservation easement exclusively for
conservation purposes. The Corps of Engineers shall be notified in writing of
any intention to reassign the conservation easement to a new grantee and must
approve the selection of the grantee. The new grantee must accept the
assignment in writing and a copy of this acceptance delivered to the Corps of
Engineers, Jacksonville District, Enforcement Branch. The conservation
easement must then be re-recorded and indexed in the same manner as any
other instrument affecting title to real property and a copy of the recorded
conservation easement furnished to the Corps of Engineers.
16. The permittee shall maintain the 21 Q-acre on-site mitigation area on the eastern
portion of the project site in accordance with this permit until such time that the
permittee transfers the ownership of the parcel to the Corkscrew Regional
Ecosystem Watershed (CREW). Upon transfer of ownership, the permittee shall
provide documentation to the Corps of Engineers to include a statement from
CREW that, the parcel has been transferred and the agency assumes full
responsibility for the perpetual maintenance and management of the parcel as a
purely natural area free of exotic vegetation.
17. The permittee shall agree to commence construction of the 283.98- acres on-
site preserve and the 107.57-acre off-site preserve within 30 days from the
commencement of any activities authorized by the permit instrument. The
applicant shall agree that the mitigation work shall be completed within two
years form the date of commencement, except for ongoing monitoring and
adjustments to ensure success of the mitigation.
18. This Corps permit does not authorize you to take an endangered species, in
particular the Florida panther and the wood stork. In order to legally take a
listed species, you must have separate authorization under the Endangered
Species Act (ESA) (e.g. an ESA Section 10 permit, or a Biological Opinion (BO)
under ESA Section 7, with "incidental take" provisions with which you must
comply). The enclosed U.S. Fish and Wildlife Service (FWS) 80 contains
mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" that is also specified in the
BO. Your authorization under this Corps permit is conditional upon your
compliance with all of the mandatory terms and conditions associated with
incidental take of the attached 80, which terms and conditions are incorporated
by reference in this permit. Failure to comply vv'ith the terms and conditions
6
Aaenda item No. Be
~~~'Jvember 14. 2006
Page 454 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
associated with incidental take of the BO, where a take of the listed species
occurs, would constitute an unauthorized take, and it would also constitute non-
compliance with your Corps permit. The FWS is the appropriate authority to
determine compliance with the terms and conditions of its BO, and with the ESA.
For your convenience, a copy of the FWS biological opinion is attached
(Attachment D).
19. The permittee shall notify the Corps in writing at least 48 hours prior to
commencement of the work authorized by this permit and shall provide a written
status report every six months until the authorized work has been completed.
20. Within 60 days of completion of the work authorized, the permittee shall
complete and submit as-built drawings of the authorized work, and a completed
As-Built Certification Form. (Attachment E)
21. The applicant shall implement the "Terafina Eastern Indigo Snake Management
Plan." (Attachment F)
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity
described above pursuant to:
) Section 10 of the Rivers and Harbors Act of 1899
(33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C.1413).
2, Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, State, and local
authorization required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
7
Agenda Item No. se
November 14, 2006
Page 455 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
d. This permit does not authorize interference with any existing or proposed Federal
projects.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not
assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or
revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this
permit is not contrary to the public interest was made in reliance on the information you
provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this
permit at any time the circumstances warrant. Circumstances that could require a
reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to
have been false, incomplete, or inaccurate (see 4 above).
c. Significant new information surfaces, which this office did not consider in reaching
the original public interest, decision.
Such a reevaluation may result in a determination that it is appropriate to use the
suspension, modification, and revocation procedures contained in 33 CFR 325.7 or
enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order
requiring you comply 'vvith the terms and conditions of your permit and for the initiation
8
A.aenoa item hio. 8e
l~o\!eil1ber 14, 2006
Page 456 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
of legal action where appropriate. You will be required to pay for any corrective
measures ordered by this office, and if you fail to comply with such directive, this office
may in certain situations (such as those specified in 33 CFR 209.170) accomplish the
corrective measures by contract or otherwise and bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for the completion of the
activity authorized by this permit. Unless there are circumstances requiring either a
prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an
extension of this time limit.
9
Agenda Item No. se
November 14, 2006
Page 457 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
Your signature below, as permittee, indicates that you accept and agree to comply with
the terms and conditions of this permit.
J~}UL~ ~
(PE MITTEE)
~ \v} oL
(DAlE)
\N \ \.L\ IT~J\ -M.. ~J ~o '>\V.f-~SDIL b f- (Jtt1
\)r..,0.~\.pVI-'\F. 'r
(TYPE OR PHINT PERMITTEE NAME AND TITLE) (
b ~ J -0 ~
(DATE)
THIS PERMIT CONTAINS 6 ATTACHMENTS, TOTALING 156 PAGES
Attachment A- PERMIT DRAWINGS (12 Pages dated March 17, 2006)
Attachment B - WATER QUALITY CERTIFICATION (South Florida Water
Management District Special Conditions in accordance with the General Condition
number 5 on page 2 of this DA permit - 9 Pages)
Attachment C - ON-SITE AND OFF-SITE COMPENSATORY MITIGATION PLAN (29
Pages)
Attachment D - BIOLOGICAL OPINION (101 Pages dated March 12, 2005)
Attachment E - AS-BUILT CERTIFICATION (3 Pages)
Attachment F - TERAFINA EASTERN INDIGO SNAKE MANAGEMENT PLAN (2
Pages)
10
Aoenda Item hJo. 8e
rJovember 14, 2006
Page 458 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
Permit Transfer: When the structures or work authorized by this permit are still in
existence at the time the property is transferred, the terms and conditions of this permit
will continue to be binding on the new owner(s) of the property. To validate the transfer
of this permit and the associated liabilities associated with compliance with its terms
and conditions, have the transferee sign and date below.
(PERMITTEE - SIGNATURE AND TITLE)
DATE
G.L. Homes of Naples Associates II, LTD.
1600 Sawgrass Corporate Parkway, Suite 300
Sunrise, Florida 33323
PERMIT NUMBER: SAJ-1996-3501 (IP-TWM)
LOCATION & AUTHORIZED WORK: The proposed project involves freshwater forested
wetlands within the Cocohatchee watershed and is located north of Immokalee Road and
east of Interstate 75 in Section 16, Township 48 South, Range 26 East, Collier County,
Florida.
Latitude 26017'42" N, Longitude 81042'48" W
To discharge approximately 800,000 cubic yards of fill into 229.44 acres of
jurisdictional freshwater wetlands. The applicant is also authorized to excavate
approximately 700,000 cubic yards from 66.23 acres of jurisdictional freshwater
wetlands.
(TRANSFEREE - SIGNATURE)
(DATE)
(NAME AND TITLE - PRINTEDrrYPED)
(NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTEDrrYPED)
(TELEPHONE NUMBER)
The above transfer agreement should be completed and mailed to the local Corps of
Engineers Regulatory Office or to:
U.S. Army Corps of Engineers, Jacksonville District
ATTN: Regulatory Division, Enforcement Branch
P.O. Box 4970
Jacksonville, Florida 32232-0019
11
Aoenda Item t\lo. 8e
November 14, 2006
Page 459 of 511
SAJ-1996-350 1 (I P - TWM)
Terafina
ATTACHMENT A:
PERMIT DRAWINGS
12 Sheets dated March 17, 2006
Aoenda Item r~o. Be
rJovember 14. 2006
Page 4(-)0 of 511
N
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SAJ-1996-3501 (IP- TWM)
Terafina
March 17, 2006
Sheet 1 of 12
PROJECT NAME: TERAFINA
PROJECT LOCATION MAP
DWG. No. 03GLH856-01
DRAWN By: w.e.
REVISIONS:
SHEET: I OF 12
DATE: 2/28/06
SCALE: N.T,S.
ApPLICANT: G.l. HOMES
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Aaenda Item r'Jo, 8e
r-J~ovelTlber 14, 2006
Page 468 of 511
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Page 470 of 511
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Aaenda Item No. Be
t.Jovernber 14. 2006
Page 472 of 511
SAJ-1996-3501 (IP-TWM)
Terafina
ATTACHMENT B:
WATER QUALITY CERTIFICATION
SFWMD Permit No. 11-02131-P dated 11 April 2002
(36 Special Conditions)
and
SFWMD Modification to Permit No. 11-02055-P dated 10 March 2004
(27 Special Conditions)
07/29/2004 13:52 TEL 32542098
II U Ll\IlD DEVELOPMENT
Agend~ ~~ffY ~ se
t..Jovenmer-14', '2006
Page 473 of 511
1l-02055-P
OF 10
PERMIT NO:
l'A(#E 2
~PEC:At ~~~I~IC>>;S
1, The eon~lu:ucti(m phS505 of thl.!! pe;cmit shall expire on April 11, 2007,
2. Operaeicm of the suz:face water management system shall be ehe re$pon.;j.hility of.
WILDEWOOD LA,KtS aOME:C)Wt>1!f{S i\SSOC2:A'TION I Thill p....r%\\,1, tl:ee shall submit a copy 0 f the
:l:ec::orded deed restrictionll (~r declara.tion of condominium, if applicable), a copy of
the filad Ilrtic:le3 of inCOrplJraticm, a:nd B copy of the ce.rtificate of incorporation
for the B,uociation coneu.rrt-l"lt w'.ith the enginee.ring certification of construction
completlon.
3. Operaticln ()f the fl~\..rway ch!ll'mel shall be the responsibility ot MiraBol Community
Developn.\ene D~,:)tr.ict. Any PI:QPo",cld amendment to the association or CDD documents
Which w':luld af:fect t.he surIllce Hater management system Qr: th$ ma.:l.ntenanclt of the
channRl l'l\I.lst 1>$ submittocl to the Dlst.r:ict for a .;lete.rmination of whether the
amendltU!lflt:: necessitate:s a Inod.ifica.~ioll elf the &:nvironmentlll Resourc!1 or Surtace Water
Manageme:nc permit. ']~he ~llilel1dmel1t: affe:cting the surface water management system or
the rnaintmlance of the <:hannel Inay riot be finalized uneil any necessary permit
rnodil;icllt.1'::ll'l i$ appro'l"ed.
4, DiSCharge Facilities:
St.t'uctu::e~ 1
1-3" W X 24" H RECTAN'GUIJIR ORIFICE weir with c.reat at ale-v. l4.1' NGVD.
1-49" W l{ 6" H RECTAHGUIJIR ORIFICE with inve!:'t llt e1ev. 13.4 r NGVD.
2-29" y. 45" REINFORI::ED C:Ot>1CRr.:TE P:rE'E eu1verte each 5517' long,
Racei vi.ng bodi' : Coooha tCinc,~ Canal
Control. e.lev : 13.4 :Eeet !>IGVD. /:L3.4 F'EET NGVIl ORY' 9E'ASON.
5, The pe.rrnittee ;,hall be r~5p()nsibl,= fo~ the corree:tion or any erosion, 5hoaling or
water quality prob1elM thlltce$ul\: from the COllstruetj,ol'l or operation of the surface
wat:.er :ma.ni'.q~meflt SY~l;'~m,
6, MeaSUres e>hall be tl!.ken durin9 construction to insure thll. t sedi.ment.:ation and/or
turbidit:y :?~obll!!tns .a.;c',a not: c::aated in the receivinq water.
.,. The Dis1:,dct reserves the r;1.ght ':0 J:'e.qulre that additional watex qual.1. ty treatment
rnllthods; ))e 1nc(~rporated into the drainage 8YBtl~l1\ if G~oh mea.su.res are shown to bEl
necessary.
e.
Lake side slop~s shall bEl {lC> st@UP!l!);'
two feet. b310w the co:ntro~. eleva. t:lor\.
2 feet be,low \:./) 1 f()()t ahov..!! cent.rel
shown on t~e plans.
than 4:1 (horizontal:vartical) to a d~pth of
SJ,de slopes ahall be nurtured or planted from
.levation to insure vegetative g~owth, unlees
9. Facili\;'ies othl!lx than th051~ state:d herein shall not be constructed without an
A'9proved. IDQdifi.cation of thi.~l peu:\it.
10. A st~blE:, pe.rrl'lI~nent llnd acc~ssible ell~vat::iol'1 reference shall be established on OJ:
within (,ne hundred 0.00) fe,~t of all permitted dill charge struotures no lat$l: than
c:he 8ubm1!lsj.on of the certif:lcation report, The location of the elevation reterence
must be n.;,:;ed on or H1.th t.he certification report,
07/28/2004 13:52 TEL 8254209S
II t.I LAND DEVELOPMENT
Aaend~!tfiVJ1):JD 8e
r\!~ovelf1b~Y'i"'J, 'lo06
Page 474 of 511
PERMIT NO: 1l-0205S-p
J;>AGE 3 OF 10
11, The ~artn.i'~l:ee shall provide: ro1.ll~il1c maintenanc:e of all of the components of the
surfac@ water management s~y"utem in o:r:der to remove all t::apped sed1mentlil/deb:tis,
JUl 1t\atl~:;.iillli I>h.ll be p;!;'~pez:ly dispOll'id of ~s J:@qulrod by law, Failure to properly
maintain the system may rilBulc in advell:s8 flooding conditj.ons.
The cOIllnlerci,iJ.ly av,ailable oil/water separatot structure for the golf course
clubhou:,,=, Shall be. muintaine.;\/cleuned as required by ehe m.m\lfac.turer's
reconunenclatiorw, but no J.est3 thlHl onee p~1:' y~ar, DurinQ PQriods of heavy rainfall
and/ or hl~avy traff:Lc vol'Jme, the uni t sh~lJ.. ha cleaned more frequently.
Na.1.ntemance/ inspection reconis shall ))/i mai.nt.Clj,ned and furnis.hed to tha District,
upon reql.1est.
12. Mi.nirnum building floor elova tion: BASIN: SITE - 16,40 feat NGVD.
13. Minirnwn rOlld CJ:own elevation: Basin: SITE - 16.20 feet NGVD.
14. Mini.mum par.kin~r lot elevat;i.Q.~1 Basil'll ~iI'L'~ - l6.20 fE!let NGVD.
15, Spoil genE!xated from the ex::.avat.ion of the flowwl.lY must be placed on an upland or
wetland iJl"pact location all a'J.thorized by this pe.,rmit.
:J.6, 'fhe ch.ulnel sh,all be constr~l':tecl without aewate.ing as indicatt!i:d in the application
.'3ubrnittal.
17. No work f;!:.Clll Dccur within the Dil,trict:'.5 r:ight--of-way until all necessary riQht-of-
way Occupl,ncy perrnit~: are oi~tain,=d au1:horizing the propo~ed work in the District: 1 s
r ight-o:E-.\o;t1Y I
1$. No l~ter 'che\11 May 31, 20:J2, the. peol\ittee shaH provide to the. IJistrict the ~ul1y
executed ./lnd recordeej druilHge, lngrel3s/egress, and maintenance easement dedicated
to the Mirasol development. In addition, no f~ll shall be placed wiehin the
deve.toplnent portion of Wil.;ie\~ood L!tke.s unt.iJ. the easement has been .recorded and the
flowway wi t.hin the eastern portio:~ of 'VHldewood Lakes has been con.structed.
19. Pr.iot" t.o the commencement of cim.trlJction, the psrrnittee sha~l eonduct o!l. pre-
constxuc:tion J~l/~eting ",j.th fi~:ld rllpresentatives,. contJ;acte>rs and S~1MD &nvironmental
Resourc(~ Compliance :;taff .Ct.om t.he Ft. Myers ,~ff1oe. The purpoll6 of the me$tinq
will be~o di:;cu:ls C01"lst::\.lction r~ethod$ and sequencing, particularly .l;'egarding the
type and location of turbidity and erosion controls to be implemented dur.i.ng
C01l5trul~tion, and the mob.tli,;at:1on and 6taging oJ: contractor equ.ipment, constr:uction
cl/i!w~t<e.r;Ln.g, cQordini"l1;ion with ot;'.her entities on adjacent construction project:;;,
wetland!u~lancl/buffer pro\:ect,ion olethodSr and etldangerEtd specie:s protection with the
perrni ttt~e and contractors ,.
20. Prior to the commenCI~martt ,_ f cons t.ructionr the perimeter of protected
wetland/upland/buffer prese:l:vaticm ar'::a~, including connector preserves shall bEl
stakedl J~OFed/f"mced to prl~vent enc:roachment inte) the protected. areas. The pe.rm.J.ttee
shall. n,;)U ty the Dtstrict' S 'Env1.l:orunentu Resource compliance staff in writ;l.ng upon
complet:;.on or sta.KirA~l/rop1.n~:/t'eflc::Lng and schedule an inspection of thJ-s work. The
staKing/.rop1n<,::r/fencing sh,.ll be Bubject to Dist:rict staff approval, The permitte~
sh..ll modify the stnking!r(li~ing/fencing if District st.aff determines that it is
insuffieient .u is no'c in ::onfonnance with the intent of this permit.
Stakin<]/roping/fenc:ing shall re:main in place until all adjacent con5truction
1l..::ti vi. tj.e.:;l a1:~' comple te.
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82542088
H M LAND DEVELOPME~T
Agendif2.IUNP/~~'l se
Novetffbd 14, 2006
Page 475 of 511
NO: 11-02055-1'
OF 10
PERMIT
I?AGE 11
21. Silt Scr(~~)1'1S, hay bales, tU:tbidity :Jc:cee:l1~/bar.t'ier:!l or other l!luch sediment control
measurels !lhall be I.\tilizec\, du.dn9 constr\lct1on. The selected .!ledirnent control
meuure ~lhall J>e inst.alle,:l llandw~l.t:d of all protected wetlands, uplam:ls, buffers and
connect()r preserves, and sht,l.ll be properly "trenched" etc. All a::.a$ snall be
$t.aQ;Ll:i.;,~d a.nd ve'iJetated .imll\od1.ately after conli1t~uct1on to prevent erodon into the
protect.~c:l \-./etlu;nds, uplancls ,lno buffer :;on~s.
22. EndangeJ;e,d sp'l(~ifls., t.hJ;'Iil!!. t:sr,od sp.ci.s: ;jIfld/ or speci es of special concern have been
ob$er\"ed on6i b: and/or the proj Ci;t contain:s 6ui t~ble h!!.bi tat for the.se 5pecie.s. It
.shall be the :pem1t.t.ee's Nspon,i))il1ty co coordinate ~ith the Flo3:.t.da Fish a.nd
Wildlifl! r:onse=rvatioTl COlrunilJsion andfo~ the U,8. !'ish and Wild1.ife SS.I:vice for
appropr:Lato qu:Ldance, .r;ecommendat.1.ons and/or necessary permits to avoid impacts eo
listed lJpecies.
23. The peJ::mittee shall eo%npJ.:! w;J.l:h the. prov1S,ions of the fo~ IOquirrtlJ. hllb.l.t~t
managernlmt pla11 apPJ:c)ved tOt. thE> p'~oj.ct Bite in accordance with Exhj.hit No. 93.
Prior to ini ti.a.ting cons tnl.<:tior. activities, l:he si te shall be surveyed for the
presenCH e,f active Big Cyprus fox sq\1irrel nests. A 125 foot re.di1.l.1S \.lnr::l1sturhed
buffer InlJ.Bt be maintolline.d "J:'~und !.ll Il.c:tive neBt:!,
24. The wetllUld pl:eServlil:ion/ enhancel~.ent 111:eas, upland preservation!enhancement a::eas,
connecto!: preserve.!!, flow-~ray C11)rlveyance and buffer zonas (collectively called
conservlltJ..on ~re.as) .sho~1l'L on E~t:..i.~1t 70 8$ pr.eservat.ion a..t~a$ rn..y .in p.o way be
altered :Erom their natural or pe,rmitted state, Activities prohibited within the
c.onservl~tiCJn areas include, b~t are not l;\.mited to: construction or placing of
buildin~Js on Q,r abovEl the g,cound; dumping or: placinlJ Boil or othe.r substances Buch
a5 tr<l:lhl remo:lval or: desi:.ruc:tion of tree:!, Bhrub~, or other vegetation - with the
excepti<,n of exotic veget;at.lon .temove.L; e)ccllva'~ion, dredging, or removal of 50il
mater1a1s/ dlk1ns or fencilliJ! and any othfl:t activities detrirneneal to c:lri!.inOlge,
flood c0I1I:1:"01, water conse.rVatir:'ll, et'osion control, ox; fish and wildlife habitat
con3ervation ox: p.reservat~.on.
25. Wetland plesft1:vation/enhanc.;lJ1lent .Lre.as, upl,md pregervation//l!nhan~lllrnent I,~.as, flow-
way conve~'eLnca,. and buffe,r zones (collectively called con::servation a.t~a:;l shall be
dedicab:cl as conse.rvst;i.oll !',11c:l common area" in the deed restrictions/conservation
eal3emenl~o aD lVf:ll 0.5 on the plat if the proje:C1: will he platted.. restrictions fo::
use of th.e oonSlervationl (:OI~.~lon Cl.l'eM llhall st;i.-pulate:
Thl!l w~1;10lncl. pre,.en"a~ion/mi.ti9'..l:ion areOls, upland buffer 2:0ne3, and/or upland
pres ervl~ t.i,on ar."", ar. t;,$r,~l:ly cl'~cti i;:~ tlllct lU; c:onllervation and common areas. The
COhservation! e;(lrnmOn ilre:as :;; hall be the perpetulll respons ib1li ty of the vlildewooc:l
Lake6 Hml\!:owneJ:S A::J5ociation (for: the flow-way (~hannel MiraBol Community Devel.opment
District i.s re:sponsj.blel and m~y in no way be altered from 'eheir na'Cural or
pe'Jrmittecl stati~ as r;l.':;lcunl~!nt,!d it) tne permit file, with 'ehe exception of pe.tmitted
restoral:ion cl(;ti vi ties. 1\.cti vi ties prohibi toad within the con5erva~ion a~ea5
inclUde,. but are. no'!:. lizn:Lt'l!d to: con!tructlon or: placing soil or othe.t 5ubstance.!l
such as 1:l:EIShi removlll ot. d,s,struction of trees, shrub3, or Qther vegetation - with
the exception of '=Xoti.chiuisa:nce vegetation removal, excavation, dredging, or
rell10val e,f soU material I dH:ing ()I fe~1cin9' I and any other activities droltrimQnr.&l to
d,3:ainElI1~', :tJ.cJ(id control r W'at~er conser'lIe.tion, eJ:osion control, or fish and wildlife
habitat conservation O~ p~e$e~vatlon,
Copies of rec(?x;ded docurr.ent;s
Resourc(~ Compliance stafl;
construGtion cc.mpletion.
shull ~'e. S1.lpmi tted to the District I s Environmental
Ce'l1\.:unc:ntly with engineering certification of
26. (A) No lat.e.: than July ':,1, :~0021 the permittee shall :I\.1bmit for review and
approva;~, two (2) copies ~)f the follo~I~.ngl
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If M LAND DEVELOPMENT
AgO'lrl~ I+q,rn I,],'"' oQ!:
" ~, ~ffl1'(ivS'/Vt2..-' ~
Novel~er'4, ~06
P::. '" 47;:; n' "'''1
NO: 111';;.Oz'd5S':'? I
OE' :LO
PERMIT
PAGE 5
1. pro:jE,ce map identifying conllu'vaticm areaS
2, LeglAl. cleSClxiption of \;on:l CJ:"vat.ion ~Lrel:lG
3, SiIj11U:C. comJervation etlSelllentfl .
.q. S>l!:!l.l,!'.d boun.dary su:cvers of conserVat;l.on easement:! by Q' pJ:"ofessional land
surveyo:c
5. T,i.:.1.8 Insurance conunit::nent for c:cnservation easement naming the District as
beneficia~y ueing approved vLluation
6. GIS di:;;k (~Iith state plar.ar e.:,ordinates) 1:1: available
'I'he abov~ information shall be s:ubmitted to the Na.tural Rlllsource Management Post
Permit COlllPJ.iano$ staff in the District Set"vif:e Center where the application was
subrn.1. tt.:cl.
(B) 'l'he r.eal estate informel.l;iol.1 l:efer~l"leed in ~>aragnph (A) ",):love shall be reviewed
by the Di!t.ricl~ in accord.9ncuwith the Dist.rict I s real estate review requirements in
the attacll~d. t.xhlbi t S2. The ear.emenl~s sbould not be recorded until such approval
is receivEd.
(e) Th'll pel:znitte.e shall recol:d eOllservat1on eaS5'rnen'ts over the real pJ:operty
designat~~c; as preserve an~a on atl~ach~d Exhibit 70. 'Ihe easements should bl! granted
free of encumbrances or int:urest~i Whic.h the Oistric't detQrmines are cont.rary to the
intent of the easements. 'l'he c:OTIs,u'vation easements shall be g:ranted to the
District using the app::ov&d I':lrm e.ttached as Exhibits 77-61. MY proposed
modifit;;.acion$ to t-he .:ll.ppro'V'ed f'oI:m l'.IUSt r~cl!live prior written consent t:com the
Dls t.ri<:::.t.
(D) The perm:lttee !lhall n,cord th@ c:onservation easements: in thl! public recCl);ds
within lrl ctaY$ or ral)elving the District I G approval of the real estate information,
Upon re corda tion, the pe l:mi l~ tee shall fo):'wa.rd the original recorded ea5 ements and
title ins.c.tr::l.nc~ poli.cy to the )\ill.tural Re-'ollrce Mano.\Jem~nt Post perml.t Compliance
staff i.n the District Service Centel: Hhere the application W<\S submitted.
(E) In the event the Ge>nser'va.tion easement reli.l. esta'te. information reveals
encumbrances or interesl~$ in the l!!aSement5 which the District determines are
contrary Lo the intent oX: t;'lE! u,sements, the permittee shall be required to provide
.release or sl.\Dorctin.lcior.. ct suc:h encumbrances or interests, If such ~re not.
obcained, thQ permittee shall be r.aquirea to apply fo~ a modifiol!.t.i.on to the p...rms,t
for alte~nativ~ acceptable re1tigation.
27, A miti~lat:ion p.togram for Iv.ilcle\ll'~od. Ld.kes shall be .1mplement$Q in ac.cordance with
Exhibit No",. 25-70. Ttle permi.ttee shall enhance 250.10 acrel! of wetlarlds and
preserve/Emhanl~e 29.15 acrea of 'Jplancl oompensation iare.;l.s. Although not calculated
as mitigation, thi5 ~creage includes the wetland~ and uplands that will be oonverted
to a tlo\~-way cDnveyanc(~ and are subject to the design and planC.i.ngs shown on
Exhibits t;B and 68.
In. addition to the ,~bove ore:servEil enhaneement areaS notad above, several additional
areas c;on.::ribute to the ';v~lcall preu'l:vQ area of Wlldewood Lal<es, a.nd even though
the.se areas are subject t:, enhanoe11lent activ.i.ti~~ a.nd replanting activities i!.3
discussed in the statf re],:>(ll:t and mitigation plan, the5e area:! are not conslderet;!
mitigation a~.~s. These ar€~s include:
~11.95 ac~es connector preserve5 consisting of 9.87 acres of w@t~anct& and 2.0B acres
of upland that will be pres~rved and enhanced.
1<11 of ehB above area,s are ,">lJ.-ec,ti vely called conservation areas.
28, No later than July 31, 2002 ano pdo.! to 'the initiation of construction activHies
in wetlands, the permlt-cee S11ll.11 provide a mi.tiqation payment or Sl, 001,000.00 to
07/2~/2004 13:53 TEL 82542098
II M LAND DEVELOPMENT
Agend~ IJ?n1 No. se
Novel~7i~,1~006
Page 477 of 511
PERMIT NO: 1l-02055-P
PAGE 6 OF 10
the D1stdct III wetland mil;1qat.:\.on 'fund fQr the aCQuisition, enhancement and
ma.na~cment of lands withill CRr:W (HS1, 404, 00 to~ acqu1dtion, $4,37,206.00 for
enhancl!lmer~t and $82,390.00 tot pe!:petual management I . payment of th~ mit:j.glltion fee
i.5 an \:nforcl!l~lble conditiof, of this pe.t:m:l.t subj ect to District: compliance J:ule$.
The mitiqatiol' fee was calculatelj at tile rate of :JQ,500.00 per l1cre of mitigation..
l-ate pllyrnent of mitigation fl.U l'C,uy be subject to a highe.t= mitilJation cost per acre,
as those ;;osts ar$ pel:'.1odica,lly cLdju51~ed l:ly the District in aeeordance with ""full
cost account1.nq" practices.
Irlcorporll\;ed by referenc:.. h Stillu,latl::d conceptual Settlement Aqrllement dated July
27, 2000 (JnteJ:lbd punuant to Sectj.on 71),51 Florida Statutes.
29, A time zero Illtmit.oring rl~pox:t for Wild.wood Lakes shalJ. be conduet:.l!Id .in aCCQ;t;dl:lllCe
lotith E,th1b1t I'los, 25-70 for all pruerved/onhanced wetland:! and upla.nds, upland
but fer zones, connEl~:tor pre:$erv'~s and th. flow-way conveyance. Toe plan ahall
include ;a Gur'II'QY ot the llre:l1 llx~enl; Ilnd acrea9t!: of the enhanced areas and flow-way
conveyanl~o, amd parlC)ramic photo ;'nph~1 for ea(:h habitat type, The report sha.ll
:CQview 8.l(:,~tic removal ae-eivit.i.es a.nd replanti,nq activitleG. ~eplanting ll.ctivitiea
sh<lll inc:1\1de ,! det;cdption of pl;mted ~pec1eB, sizes, total nwnb.r and densities of
each plant: spel::ie:! wi.thin eac:h hah1tat type.
30, A monit.orinq progl:am shall be 1mplel\lent.ed in accordance w.:l.tn. Exhl.bit Nos. 25-70.
The monitoring p.t:ogrclm shall exte:lid for a period of 5 yea::s with semi-annuAl reports
for the first ~wo y~a,~s and annual repQrcs thereafter $ubmi tted to Dis trict staff,
n. A mai.l1tenance program 5haJ.l bt!! lnlplemented in accordance with Exhibit Nos. 25-70 for
the pr~ll:lE!rvecl/enhanced '~etlanc;\ al1duF).llnd areas, upli:md buffer zones, connector
pre.s@rves, and the flow-Io1~Y conv.eyance on e. re<;rula.r basis to enSUI:Sl the integrity
and vii!l.bility of those ar~a5 c\5 pel:mitted. Ma1ntanance snal.). be conducted in
perpe>:'l.lit:r to ensurl;: that th~ COflstlJ:"vation areas are maint:d.ned free from Category 1
exotic vegetation (a~ defln~d by the Florida Exotic 'est Plant Counci~ at the time
of pennit issuance) immediutely' folJ.owing a maintenance aot.ivi.ty. Coverage of
exotic Slr,d. nu1.sl:ln.ce p~arlt; spec;L~$ sh.,all not e~ceed 10% of total cover between
main taIH\lV;1e acti vi t:l.,..oS . Ii, ac\C\:L tion, the perl:n.ittee shall mana9~ the cons ervation
areas fluch that eX()l~ic/r,uil.,!lnCe plant: species do not dominat~ anyone section of
those a.tlll;~S.
32, Activii;i>ec~ as~ociat.ed with the implti\mentation of the mj.t1qacion, moriitor.1.n9 ami
.naintenan.;e p,lan(s) llhall be compll:ted in accordanCle with thQ work schedule atl:&ched
as Exhibit No. B 4. J\ny d,!vlation from these time frames wUl rl!!quit'e prior approval
from tt,e Di.s.tl:ietr s Snvi;:omT,ental ResQurce Compliancc! staff. Such requests must be
macte in w.l:'itlng and sh~ll int:lud~ (ll rensan for the chanr;re, (2) proposeo
start/fin:Lsh and/or COll'p;\etlon dflte5; and (3) progress report on the status of the
project devel'jpment ,)~ miti~r,:ltion effort.
33. No lat/u. th.>l::l July 31, 2002 and pri,Ol:: to the commencement of construc.tj.on, the
permi ttee shall provide a,n c)riginlll letter of credit in the. amount of ~ 500,000.00 to
<ensur. the permittEl!\'S ::in!ncial ability and comm1:cment ~o c:oIl1phte the proposed
mitigation, memieo.ring and maintenance plan as .Ghowl'l on Exhibit No, .25w70, The
letter of cr~dit shall be in 5I.1bs\~ant1al conformance with Exhibit Nos. 71-76. The
letter of credit shall r~m.1n in effect for the entire p~riod of the mitigation and
monito,dnlJ ptog.raro. Notification of th~ Di5trict by the Unanci.al institut:.ion that
the l~tter of credit will not be renewed or is no longer in etfect $h~ll constitute
non-colr~liane:'= witb the Feud.t.
34., The pal:m.i.tt~e sln.ll be .r:e5f1on.!lHI1~1 fer the 5u{~cesBful completion of the miUgation
work, .i-nc:ludillg the moni tc':~ing and maintenance of the mitigation areas foz: the
duraticn 0f the plsn, T~e uitigution area shall not b& turned ove~ to the
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H M LAUD DEVELOPMENT
Agend,a IJ~r.n No. 8e
l~ove~r'~,'~006
Page 478 of 511
PEPMU' NOr 1l-020S5-P
PAGE: 7 or 10
operation 13l\t:.H.y untjJ. the nd.tigat:lon work 1s aocomplished. u permit:ted and DiBtri=t
Envlronrllel:\tal ReaourC:E1 Compl:i.lnc$ loU.S:! has CClnC\l.t:red..
35. Permanent. phYll10al ma.rkn.I:13 deaJ.gnat;Lng the pre15erve status ot the "Ie t: land
pJ:Gs~rva.tilJn l!Ll:eas an.d b\:.ffor zor!$15 shall be placed at toe inters61ct1on of the
buffer and each lot li.ce.. Ti.ltse m;u:ke.r5 shall bc~ maintained in p.rp.tuity.
36. The delineation of tho QxtlJf!l: of '~etland5 Ilnd/or other surface watGrlO located within
the limit.s of propo:s~c1 develc'f>rnent thall be considered binding.
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92542099
H M LAND DEVELOPMENT
Agenda It51Wn~9r^Il~
Novernb~"I~ 2lm6
Paqe 479 of 511
11-1)2055-P
Of 7
E'ERMIT NO:
E' A.GE 2
SPECIAL CONDITIONS
1. The construction phase of this permit shall expire on March 11, 2009.
2. Operation of the surface water management system shall be the responsibility of
TERAFINA HOMEOWNERS ASSOCIATION, INC. Within one year of permit issuance or
concurrent with the engineering certification of construction completion,
whichever comes first, the permittee shall submit a copy of the recorded deed
,restrictions (or declaration of condominium, if applicable), a copy of the filed
articles of incorporation, and a copy of the certificate of incorporation for the
association.
""":..: --
,1 e .:-
3. Discharge Facilities:
Structure: Outfall
1-60' WIDE RECTANGULAR NOTCH weir with crest at elev, 13,6' NGVD,
1-5' W X .4' H RECTANGULAR NOTCH with ;nvert at elev, 13.4' NGVD.
Receiving body : Cocohatchee Canal via the Mirasol Flowway.
Control elev
13.4 feet NGVD. 113.4 FEET NGVD DRY SEASON.
4. The permittee shall be responsible for the correction of any erosion, shoaling or
water quality problems that result from the construction or operation of the
surface water management system.
5. Measures shall be taken during construction to insure that sedimentation and/or
turbidity violations do not occur in the receiving water.
6.
'rhe District .reserves the right to require that additional water quality treatment
methods be incorporated into the drainage system if such measures are shown to be
necessary.
7.
Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of
two feet below the control elevation. Side slopes shall be nurtured or planted
from 2 feet below tc 1 foot ab'ove control elevation to insure vegetative growth,
unless shown on the plans.
fa-cili t LeB other tl1o.n. thos(i st.a ted 'her:€< tn ::,'i' a.l:l [",e, be cunstruct ed wi thou t an
approved. mcd.if.icafion ot this ..permi t. A permit modification shall be obtain~d f.or
any improvements wHhin'the clubhouse'>si'tEi..' .' . ;...
9.
A stable, permanent and accessible elevation reference shall be established on or
within one hundred (100) feet of all permitted discharge structures no later than
the submission of the certification report, The location of the elevation
reference must be noted on or with the certification report.
10.
The permittee shall provide routine maintenance of all of the components of the
surface water management system in order to remove all trapped sediments/debris.
All materials shall be pl'operly disposed of as requi red by law. Failure to
properly maintain the system may result in adverse flooding conditions.
11.
This permit is issued based on the applicant's submitted information which
reasonably demonstrates that adverse water resource related impacts Hill not be
caused by the completed permit activity. Should any adverse inlpacts caused by the
PERMIT NO:
PAGE 3
A\ienda '~rrxd~2n Sf.
Novernbe't' 14, zt1to
Paqe 480 of 511
11":-02055-P
OF 7
03/17/2004 16:50 TEL
92542090
H M LAND DEVELOPMENT
completed surface water management system occur, the District will require the
permittee to provide appropriate mitigation to the District or other impacted
party, The District will require the permittee to modify the surface water
management system, if necessary, to eliminate the cause of khe adverse impacts.
12. Minimum building floor elevation: BASIN: Site - 16.60 feet NGVD.
13. Minimum road crown elevation: Basin: Site - 15.70 feet NGVD.
14. Minimum parking lot elevation: Basin: Site - 15.70 feet NGVD.
..............
15. The channel shall be constructed without dewatering as indicated in the previous
permit .
16. Spoil generated from the excavation of the flowway must be placed on an upland or
wetland impact location as authorized by this permit.
17. The parking area in the recreational tract shall provide a minimum dry pre-
treatment volume of 1/2 inch of runoff prior to discharge into the master surface
water management system.
19. THE CONSTRUCTION OF THE MIRABOL fLOWWAY AND THE ASSOCIATED CONTROL STRUCTURES ON
THE FLOWV1AY SHALL BE COMPLETED PRIOR TO ANY CONSTROCTION ON THE PROJECT SITE.
19. Prior to the commencement of construction, a copy of the agreement between the
permittee and Mirasol development, relating to maintenance and operation cost
sharing for the Mirasel flowway, shall be provided to the District.
20. All special conditions and exhibits previously stipulated by permit number 11-
02055-P remain in effect unless otherwise revised and shall apply to this
modification.
22. A monitoring program shall be implemented in accordance with Exhibit No.3.9. The
monitoring program shall extend for a period of 5 years with semi-annual reports
for the first two years and annual reports thereafter submitted to District ~taff.
At the end of the first monitoring period the mitigation area shall contain an
60% survival of planted vegetation. The 80% survival rate shall be maintained
throughout. the' rem~inder of the monH,0!.",1.Tl'] prog"B"1. \~ith ,rcpl.2!-nting as nec.e,$Si'l;:.y.
If native wetland, transitional, c;lnd uplonc'. ':'p~,cies do 'not "achieve an t.JO% coverage
\~;i,th:{nthe .initial two years of the monitoring p.ro,grami" I1ati ve .specie's shall be
planted in accordance with the maintenance program. At the end of the 5 year
monitoring program the entire mitigation area shall contain an 80% survival of
planted vegetation and an 80?; coverage of desirable obligate and facultative
wetland species.
23. A mitigation program for Terafina PUD shall be implemented in accordance with
Exhibit No. 3.7a - 3.7c. The permittee shall enhance 253.04 acres of wetlands and
preserve/enhance 31.37 acr-es upland compensation areas. Although not calculated
as mitigation, this acreage includes the wetlands and upland that will be
converted to flow-way conveyance and are subject to the design and planting shown
on Exhibit 68 and 69 of the original permit.
24. The permittee i:; granted a modification of the Special Condition No. 28 of the
original permit Application No. 970923-12, as subsequently modified, which
extends the time for the payment of the mitigation money required in the original
}ERMIT NO:
PAGE 4
Agenda I~m No. Be
Novemb~q~~~
Paoe 481 of 511
ll-tJ2055-P
OF' 7
03/17/2004 16:51 TEL
92542099
H M LAND DEVELOPMENT
permit. No later than June 30, 2004 and. p:dor to the initiation of construction
activities in wetlands, the permittee shall provide the mitigation payment to the
District's wetland mitigation fund for the acquisition, enhancement and managelnent
of lands within CREW. Payment of the mitigation fee is an enforceable conditions
of this permit subject to the District compliance rules.
25. Activities associated with the implementation of the mitigation, monitodng and
maintenance plants} shall be completed in accordance with the work schedule
,attached as EKhibit No. 3.9. Any deviation from these time frames will require
prior approval from the District's Environmental Resource Compliance staff. Such
requests must be made in writing and shall include (1) reason for the change, (21
~oposed start/finish and/or completion dates; and (3) progress report on the --....
status of the project development or mitigation effort.
26. A maintenance program shall be implemented in accordance with Exhibit No. 3.1c -
3.7f for the preserved/enhanced wetland and upland areas, upland buffer zones,
connector preserves, and the flow-way conveyance on a regular basis to ensure the
integrity and viability of those areas as permitted. Maintenance shall be
conducted in perpetuity to ensure that the conservation area is maintai.ned free
from Category 1 exotic vegetation (as defined by the Florida Exotic Pest Plant
Council at the time of permit issuance) immediately following a maintenance
activity. Coverage of exotic and nuisance plant species shall not exceed 10% of
total cover between maintenance activities. In addition, the permittee shall
manage the conservation areas such that exotic/nuisance plant species do not
dominate anyone section of those areas.
27. No later than May 20, 2004 and prior to the commencement of construction, the
permittee shall provide an original letter of credit/bond to ensure the
permittee's financial ability and commitment to complete the proposed mitigation,
monitoring and maintenance plan as shown on E:x.hibit No. 3.7a - 3.7f. The letter
of credit/bond shall be in substantial conformance with Exhibit No. 3.10a - 3.1Dc.
When a performance bond is established, the permittee shall also establish a
standby trust fund for deposit of all payments under bond. The letter of
credit/bond shall remain in effect for the entire period of the mitigation and
monitoring program. Notification of the District by the financial institution
that the letter of credit/bond will not be renewed or is no longer in effect shall
constitute non-compliance with the permit. '
I,.
SAJ-1996-3501 (IP-TWM)
Terafina
ATTACHMENT C:
SPECIAL CONDITIONS
On-site and Off-site Compensatory Mitigation Plan
(29 Pages)
Agenda Item No. 8e
November 14, 2006
Page 482 of 511
Agenda Item No. Be
t-Jovember 14. 2006
Page 483 of 511
TERAFINA
WETLAND MITIGA TION/MONITORING/MAINTENANCE PLAN
CORPS APPLICATION NO. 199603501
Revised March 17, 2006
INTRODUCTION
The following outlines the wetland mitigation, monitoring, and maintenance plan for the 646.55:1:
acre Terafina project located in Section 16, Township 48 South, Range 26 East, Collier County.
The construction of the residential development will result in unavoidable impacts to 295.67:1:
acres of U.S. Army Corps of Engineers (Corps) jurisdictional wetlands. In order to offset these
impacts, on-site and off~site mitigation will be performed. The on-site mitigation totaling
283.98:1: acres includes 153.97:1: acres of wetland enhancement through hand removal of exotics;
104.97:1: acres of wetland enhancement through mechanical removal of exotics, grading, and
planting; 22.51:1: acres of upland preserve with supplemental planting; and 2.53:1: acres of
wetland preserve buffer consisting of a structural buffer (rip-rap slope) with planting and native
wetland vegetation planting to restrict access from the development to the larger preserve area on
the east side of the proj ect site,
The off-site mitigation includes the purchase and restoration of 154:1: acres of CREW land
through the SFWMD's Save Our Rivers program and the purchase and restoration of 107:1: acres
in Hendry County. Details of the Hendry County mitigation parcel are provided as a separate
document
The following documents the on-site mitigation program, The on-site wetl.md mitigation plan
includes the establishment of five interconnected preserves totaling 73.98 acres within the
western portion of the development, a large 2H):i: acre preserve on the eastern third of the
property, and a created wetland preserve buffer between the development, and the large eastem
preserve.
The five interconnected preserves are located within the interior of the development plan and
include both wetland and upland habitats. The five preserves are interconnected by box culverts
under the proposed roads. These box culverts will provide wildlife crossings to facilitate wildlife
movement between the preserves. The five internal preserves are connected to the 210:1: acre
preserve on the eastern third of the property.
As pat1 of the 210:1: acre preserve, 104.97:1: acres of wetlands will be enhanced through the
mechanical removal of exotics, grading to wetland elevations, and planting with native
herbaceous wetland vegetation. The grading plan for this area includes the establishment of four
marshes for wading bird foraging habi tat. These marshes will be graded to varying depths to
allow the concentration of prey far wading birds at altemating times af the year as water levels
seasonally rise and recede.
Passarella and Associates, Inc.
#03GLH856 Revised 3/17/06
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/I,aenda Item No. se
~~~ovelllber 14, 2006
Page 484 of 511
The wetland mitigation activities will be done concurrently with the construction of the surface
water management system for the project. The mitigation areas will be placed under a
conservation easement granted to the SFWMD.
ON-SITE MITIGATION PLAN
The on-site mitigation plan includes 153,97:1:: acres of wetland enhancement through hand
removal of exotics, 104,97:1:: acres of wetland enhancement through the mechanical removal of
exotics, 22.51::1: acres of exotic vegetation removal and planting within the upland preserve, and
2.53::1: acres of wetland preserve buffer. The location of these areas are shown on the permit
drawings.
The exotics to be eradicated include, but are not limited to, melaleuca (Melaleuca
quinquenervia), Brazilian pepper (Schinus terebinthifolius), Australian pine (Casuarina
equisetifolia), and downy rose-myrtle (Rhodomyrtus tomentosus).
The hand removal of exotics from wetlands and uplands will include one or more of the
following methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut
vegetation, and treat remaining stump with approved herbicide~ (2) girdle standing melaleuca
and Australian pine with diameter at breast height (DBH) greater than four inches and apply
approved herbicide to cambium~ (3) foliar application of approved herbicide to melaleuca
saplings, Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foliar application of
approved herbicide or hand pulling of exotic seedlings. Hand removal would occur on 153.97
acres as specified on Sheet 6 of ] 2 of the permit drawings.
In the wetland preserve buffer and in areas where the density of exotic vegetation exceeds 50
percent, cuttings will either be hand removed from the site or stacked in piles at approximately
100 foot intervals. If left on the site, smaller melaleuca cuttings (less than four inch DBH) will
be stacked butt end to the ground into a nearly vertical position (i.e., teepee method). Larger
melaleuca cuttings (four inch DBH or greater) will be cut and stacked side by side into an area
approximately six feet on a side. Cuttings will be stacked pelvendicular to the previous layer up
to a height of approximately six feet (i.e., log cabin method).
Supplemental wetland pluntings will be conducted in the wetland preserve buffer in accordance
with the attached drawings and in the wetland enhancement areas with greater than 50 percent
coverage by exotic vegetation. Tree plantings will include a minimum of three of the five species
listed in Table I, shrub plantings will include a minimum of two of the three species listed in
Table 1, and ground cover plantings will include a minimum of three of the four species listed in
Table 1. Planting densities for trees and shrubs will, be 430 plants per acre, and planting
densities for ground cover will be 1,210 plants per acre.
,.
Passarella and Associlltcs, Inc.
#03GLH856 Revised 1/17/06
20f8
Table 1.
Supplemental Planting List
Agenda Item No. 8e
November 14, 2006
Page 485 of 511
,..: .:.".:.. .......i.:;:;::I~t:~~l..!
10 ft. DC.
10 ft. oc.
10 ft. oc.
10 ft. ac.
10 ft. OC.
10ft. ac.
10 ft. ac.
10 ft. OC.
6 ft. oc.
6 ft. oc.
6 ft. oc.
6 ft. oc.
Mechanical removal of exotics (l 04.97:1: acres) will include mechanized land clearing in areas of
75 to 100 percent cover by melaleuca. Prior to mechanical removal, the limits of mechanical
removal of exotics will be flagged for review and approval by SFWMD staff. After exotic
vegetation has been removed, the cleared areas will be graded as shown on sheet 7 of the
environmental plans. A six inch layer of topsoil will be spread on the graded area to achieve final
grades. An as-built survey of the graded site will be performed to ensure the desired elevations
have been obtained. After review and approval of the final grades by SFWMD compliance staff,
the area wi 11 be planted using the species listed in Table 2 and shown on the permit drawings.
Plantings densities for trees will be 436 plants per acre and planting densities for ground cover
will be 4,840 plants per acre,
Table 2.
Planting List for' Mechanically Clear'cd and Gr'aded Areas
Zone 1
"._ ........" ..' u...
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.........................
......................'....
Zone 2
Gulfdune Paspalum
Maidencane
Pickerelweed
Sa ittaria
S ikemsh
Maidencane
Saw- filSS
Soft-stem
Bulmsh
Taxodtum disticl1um
S artina bakerl
PC/spaluln
mOl1ostach urn
Panicum hemitomon
Pontederia cordata
Sa ittaria land olia
Eleocharis interstincta
Pantcl/m hemitomon
Clad/um 'amatcense
Sctr us validus
Scinlls cubensis
Zone 3
Passarella and Associates, Inc.
#03GLH856 Revised 3/17/06
Ilwill'L~1
5 ft. 1 al. 10 ft. D.C.
12 in. 2 in. 3 ft. a.c.
12 in 2 in. 3 ft. D.C
12 in. 2 in. 3 ft. a,c.
12 in. 2 in. 3 ft. a.c.
12in, 2in. 3 ft, a.c.
12 in. 2 in. 3 ft. D.C.
12 in, 2 in. 3 ft. a.c.
12in. 2il1. 3fLD.C.
12 in. 2 in. 3 ft. Q,C.
12 in. 2 in. 3 ft. a.c.
30f8
Agenda Item No. se
~~ovel11ber 14, 2006
Page 486 of 511
Table 2. (Continued)
Zone 4
In the upland preserve areas where exotic vegetation coverage exceeds 50 percent, supplemental
upland plantings will be conducted, The plant species and planting specifications are provided in
Table 3. Trees and shrubs will be planted at a density of 430 plants per acre and ground cover at
a density of 1,210 plants per acre.
Table 3.
Upland Preserve Planting List
Live Oak
Slash Pine
Coco Plum
M rsine
Wax~Myrtle
Muh] Grass
Sand Cord rass
Saw Palmetto
Wire rass
,jilli'~~~\m;i .i.!!~~tW/~l~~li1::i. !1~~~~Yi.~5f~~il
5 [t. 3 al. 10ft. O.C.
5 ft. 3 al. 10 ft. O.C.
3 ft. 1 al. ]0 f1. O.C.
3ft. 1 al. ]Oft.O.C.
3 ft, 1 al. 10 ft. O.C.
12 in. 4 in. 6 ft. O.C.
12 in. 4 in. 6 ft. O.C.
12 in. 4 in. 6 ft. O.c.
12 in. 4 in. 6 ft. O.C.
, .., ,.. ,.. ..........
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The wetland preserve buffer consists of a structural buffer and native planting to restrict access
from the development to the preserve on the eastern side of the project boundmy. The buffer will
consist of coco plum planted at the top of the rip-rap slope and native wetland vegetation
planting at the base of the rip rap. Planting at the base of the rip rap will consist of lO-foot high
cabbage palm, slash pine, and red maple planted on 15-foot centers. An offset row ofw<L'( myrtle
will be planted on 10-foot centers immediately east of the tree row. Trees and shrubs will be
planted in accordance wi th Sheet 12 of 12 of the permit drawings.
MITIGA TION SUCCESS CRITERIA
The following are the success cliteria for the mitigation areas: 1) 111e conservation easement will
be recorded for the mitigation are<lS; 2) Initial eradication of exotic and nuisance vegetation will
be completed; 3) At the end of five years, wetland mitigation areas will contain at least 85
percent cover by desirable obiigate, facuitative wetland, and facultative plant species; 4) Wetland
plantings will attain an 85 percent survivorship after one year of installation and for each
subsequent year of the five year monitoring program; 5) The wetland and upland mitigation areas
shall be free from exotic and nuisance vegetation immediately following a maintenance activity;
and 6) The wetland and upland mitigation areas will consist of no more than five percent cover
Passarella and Associates. Inc.
#03GLH856 Revised 3/17/06
40f8
Agenda Item No. se
t~ovember 14, 2006
Page 487 of 511
by exotic and nuisance species in perpetuity. Exotic and nuisance vegetation species are
identified as those species listed by the Exotic Pest Plant Council at the time of permit issuance.
MONITORING
Monitodng Methodology
The proposed monitoring of the wetland and upland mitigation areas will consist of baseline,
time-zero, and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels. The
baseline monitoring report will document conditions in the project site as they currently exist.
The time-zero monitoring report will document conditions immediately following wetland and
upland enhancement. The annual reports will document conditions following enhancement
activities and document the extent of success of the mitigation. If needed, the annual reports will
identify specific actions to be taken to improve the conditions within the project area. Sampling
transects and methodology for the baseline, time-zero, and annual reports will utilize identical
methods of data collection.
Vegetation Monitol'ing
Wetland vegetation will be monitored prior to and following enhancement and restoration
activities. Sampling in wetland areas will involve canopy, sub-canopy, <md ground cover stratum
along monitoring transects established within the enhancement areas. The location of the
monitoring transects are shown on the permit drawings.
Canopy and sub-canopy vegetation species will be monitored within 50 x 20 foot plots
established along the monitoring transects. Species richness and visual estimate of percent cover
will be calculated for canopy and sub-canopy stratwn.
To facilitate an intensive, accurate, and repeatable sampling program, the point frame method
(Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at
approximately 25 foot intervals along each monitoring transect. Each point frame consists of 1m
square wire grid with 25 cross points. Any plant species directly below a cross point will be
recorded, including bare ground. Each cross point represents four percent of the square meter.
Water depths will also be recorded at each sampling station. For each sampling station,
identified species will be listed and percent cover computed and discussed.
Wildlife Monitoring
Regular observations of wildlife will be made during the monitoring event by qualified
ecologists. Observations will consist of recording evidence and sign of wildlife (i.e., direct
sightings, vocalizations, burrows, nests, tracks, droppings, etc.).
Fish and Aquatic Macr'oinvcl.tehrate Monitoring
Qualitative sampling of fish and aquatic macroinvertebrates along wetland transects will be
conducted using a standard D-fralne aquatic dip net, mesh size 1.0 mm. Sampling will be
Passarella and Associates, Inc.
#03GLH856 Revised 3/17/06
5of8
Aaenda Item No. 8e
~Jovember 14, 2006
Page 488 of 511
conducted along vegetation monitoring transects with a minimum of 2 em. standing water. The
collector will work the net vigorously within the vegetation, open water, and surficial bottom
sediments. Net contents will be placed in a white pan and sorted with forceps. Hard substrate, if
any, will also be examined for the presence of aquatic macroinvertebrates. Sampling will
continue until no new species are encountered for ten minutes. Sample size and collection times
will not exceed 200 organisms or one hour, respectively. Samples will be preserved in alcohol,
returned to the laboratory, and identified to the lowest taxonomic level possible, usually species.
When possible, fish will be identified in the field and released.
Photographic Documentation
Permanent fixed-point photograph stations will be established in the monitored areas providing
physical documentation of the condition and appearance of an area, as well as any changes
taking place within it. Panoramic photographs will accompany vegetation data in each report.
Locations of photo stations will remain the same throughout the duration of the monitoring
program.
Rainfall and Stafr Gauge
Staff gauges/monitoring wells will be installed within the enhanced wetland areas. The
gauges/wells will be read once a month during the dry season (November through May) and
twice a month during the wet season (June through October). Staff gauge data will be
summarized in the annual monitoring reports along with available rainfall data for the area.
MONITORING REPORTS
The permittee will submit annual monitoring reports to the Corps documenting the success of the
mitigation program and general condition of the preservation areas. Within 60 days of Corps
permit issuance, the baseline wetland monitoring for the mitigation areas will be submitted to the
Corps. The time-zero monitoring report will be submitted WIthin 60 days of completion of
enhancement activities. Annual monitoring reports will include the following information:
· Brief description of mitigation and maintenance work performed since the previous report
along with a discussion of any modifications to the mitigation or maintenance program.
· Brief descliption of anticipated mitigation and maintenance work to be conducted over the
next year.
· Results of quantitative vegetation monitoring conducted III the enhanced wetlands and
upland buffers. A list of observed wildlife species.
· Panoramic photographs taken at photo stations within the enhanced wetlands and upland
buffers.
· Staff gauge and available local rainfall data.
Passarella and Associates, Inc.
#03GLH856 Revised 3117/06
60f8
Agenda Item No. 8e
November 14, 2006
Page 489 of 511
CONSERVATION EASEMENT
The wetland mitigation areas will be impressed with a conservation easement granted to
SFWMD. The conservation easement will ensure that the mitigation areas will remain in a
natural state in perpetuity. These preserved mitigation areas will not be disturbed by dredging,
filling, land dealing, agricultural activities, or other construction work whatsoever, except those
activities described in this mitigation plan.
MAINTENANCE AND LONG-TERM MANAGEMENT
Following the completion of the initial exotic removal effort, semi-annual inspections of the
mitigation area will occur for the first two years. During these inspections, the mitigation area
will be traversed by a qualified ecologist. Locations of nuisance and/or exotic species will be
identified for immediate treatment with an appropriate herbicide. Any additional potential
problems will also be noted and corrective actions taken. Once exotic/nuisance species levels
have been reduced to acceptable limits (i.e., less than five percent cover), inspections of the
mitigation areas will be conducted annually.
Maintenance will be conducted in perpetuity to ensure that the enhanced wetlands and upland
buffers are free of exotic vegetation (as currently defined by the Exotic Plant Pest Council)
immediately following maintenance and that exotic and nuisance species v,fill constitute no more
than fi ve percent of totul combined cover,
Passarella and Associates, Inc.
#03GLH856 Revised 3/17/06
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Agenda Item f'>Jo. 8e
November 14, 2006
Page 490 of 511
REFERENCES
Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New
York, New York.
Passarella and Associates, Inc.
#03GLH856 Revised 3/17106
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Agenda Item No. se
November 14, 2006
Page 491 of 511
~
.
N
*cI
w p ~ E
S
SAJ~1996-3501 (lP-lWM)
Terafina
March 17 I 2006
Sheet 1 of 12
PROJECT NAME: TERAF!Nl\
PROJECT LOCATION MAP
DWG. No, 03GLHB56-01
DRAWN By: w.e.
REVISIONS:
SHEET: I OF 12
DATE: 2/28/06
SCALE: N. T.8.
ApPLICANT: G. L. HOMES
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ApPLICANT: G. L. HOMES
'- 36
"-
~~
31
3 3 .'34~.
HENDRY OUNTY
COLLIER COUNTY
PROJECT LOCATION t"1AP
DWG. No. 03GLHB56-01
DRAWN By: P.F.
REVISIONS:
SHEET: I OF 4
DATE: 1/9/04
SCALE: 1"=500'
1
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SCALE: I' , 500'
PROJECT ~~A~1E:
APPROXIMATE
Pit
ill
(I../" 0 Ac.t}
101l9f.
(,u.u Ac,t)
..
..
..
..
6U~EI
1.60 k,1
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..
p,aenda item No. se
rJovell1ber 14. 2006
Page 504 of S11
LEGEND:
D.
. .
. .
COE \'lETLANDS
(60,", Au)
fLUCFCS
COOE
211
300
4t19 (:1
427/421:l
-42;11 E,
o13<l9f1
0259 e1
e41a El
843D E1
DESCfUPTtON
IMPROVED PASTURE
RMKJELAI\;O
f"1:JE FLATWOoon. DISTUA8ED (0'24% eXOTICS)
UVE OAK/CAOBAGE PALM
WAX-MYrl.TlE. WILLOW, HVDFltC, DISTURBED (0.2<4% EXOTICS)
HARDWOOD/CONIFER: MIXED, OISTUR01:D 10.24% EXOTICSl
HYDRIC PH-IE FLA lW0009, DlSTUFlBEO 10-201% EXOHCSJ
fRESHWA1ER tMASHES, OISTtlRl3EO (0-20\% EXOTICS}
WET PRAIR1ES, DlsrUABED (0-24% EXOTICS}
Tal AL
NOTES:
PROPERTY BOUNDAJ11~S ESTIMATEO
FROH H~NORY COUIITY PROPERTY
APPRAISER'S \'leB SITE,
FLUCFCS LINES ESTlHATEO FR0I1
"'ZOO' AERIAL PHOTOGRAPHS "NO
LDCHIDNS APPROXIMATED,
FLUCFCS PER FLORIOA LAND USE,
COVER Atm FORMS ClASSIFICArtON
SYSTH' IFLUCFCS) IFDOT 1999),
UPLAND/WETLAND LIl11TS "AVE NDT
SEW REVj~WED BY ANY REGULATORY
AGENCY ANO ARE SU6JEC r TO
CtlANGE.
PROJECT LOCATION MAP
DWG, No, 03GLH856-02
DRAWN By: P.F,
REVISIONS:
Tr-,...."r-Il.....
1 t:.r\Ar ll"i~
HENDRY COUNTY MITIGATION PARCEL
ApPLICANT: G, L. HOMES
SHEET: 2 OF 4
DATE: 1/9/04
SCALE: 1"=500'
ACREAGE
"',40 Ac:,~
1.50 Ac.:!:
31.g.2 Ac.;;t
0.4\ ...c.~
(1.69 Ac:%
2.'" ^c_~
2,4!i./'lc.:t
/19,10 Ac.:!:
2.M Ac,':!=
I07.5iAc.=
% Df
TOTAL
4V":'
ts%
~5 3%
0."%
6.2%
':1.7",:.
:l.3%
~Sli%
"'"
100,0%
J
~
}
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E
~
~
~
!
~
!II~,
IA
~
SCALE: I' . 500'
411gel
{SO.nAc..)
6U'9fl
0,60 AC,t
...
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..
..
OC.IUI ... ....
(l6..5l!1Aul
... ~ ... ...
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Agenda Item No. se
November 14, 2006
J J
l i
"EGEND:
D... WETLAND EHHANCEMeNT~JlAHD
.. + REI10VAL OF EXOTtCS
... (60.35 he. i)
D UPLAND ENHANCEMENH1AtlO
REMOVAL OF EXOTICS
(~Z.B4 ^C:,t)
11111,1 UPU\I'IO RESTORATIOtHLANTING
IIIII11 ~I,~~ ~~T;~E UPLAND SPECIES
NOTES:
PROPERTY SOL'NOARlES ESTIMATED
FROM HENDRY COUNTY PROPERTY
APPRAISER'S WEB SITE.
FWCFCS LINES ESTIMATE!} FROM
l'o!OO' AERIAL PHOTOGRAPHS All{)
"OCATIONS APPROXIMATE!}.
FLUCFCS PER FLORIOA LAND USE,
COYER AND FORMS CLASSifiCATION
SYSTEM IFLUCFCSI (FOOT 1999).
UPLANOlWfTl.ANo UHlTS HAVE NOT
BEEN REVIEWED BY ANY REGULATORY
AG~tjCY ArlO ARE SVDJECT TO
(IlANGE.
ti PROJECT NAME: TERAFINA
~ HENDRY COUNTY MITIGATION PARCEL
~
.
~ ApPLICANT: G. L. HOMES
,
MITIGATION PLAN
DWG. No. 03GLH856-03
DRAWN By: P.F.
REVISIONS:
SHEET: :5 OF 4
DATE: 1/9/04
SCALE: 1"=500'
A
~
SCALE: I' . 500'
APPAOXIHA, TE
P/L
II.1I91!!
UO.19"'u)
UJ
Cl
~
<.!l
~
o
a:
...J
~
Cl
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o
...
...
...
...3.9(1
D,60 At.!
...
...
...
MI9EI
06.!e '(.sl
... ~ ...
...
...
...
...
...
...
...
...
PROjECT NAME: TERAFINA
HENDRY COUNTY MITIGATION PARCEL
MONITOR!NG PLAN
ApPLICANT: G,L. HOMES
DWG. No. 03GLH856-04
DRAWN By: P,f,
REVISIONS:
Agenda item No. Be
November 14. 2006
I I
LEGEND:
D~ WETLAND ENllANCEMEIIT.IlAND
. . REMOVAL OF EXOTICS
..... (60..13 Ac.t)
D UPLAND EtlIIANCEMENf.lIAND
REMOV,tlL OF EXotiCS
(1.2.81. AC.:i)
UPLAND RESTORATlON.PLANflNG
WITIlIIATIVE UPLAND SPEcrES
(...0 AC.tJ
MotUTDRING TRANSECT
o TREE/SHRUB PLOT
T -1 TRANSECT NUliBER
* PIlOTO-STATION
'1'11,1
1,'1','
sa STAFF GAuc;emONITORING WELL No,
ED STAFf' OAlJG!:JMONfTORlNG WelL
NOTES:
PROPERTY BOUNDARIES ESTIMATED
FROM HENDR" COUNTY PROPERTY
APPRAISER'S VlEB SITE.
FLUCFCS LINES ESTIMATED FROM
.'-200' AERIAL 'PItOTOvRAPHS AND
LOCATIONS APPROXltiATEO.
FLUCFes PER FLORIDA LAND USE,
COVER AND FORflS CLASSIFICATIOll
'SYSTEM (FLUeFCS) (FDOT 1999).
UPLANDmETLAND LIMITS HAVE NOT
aEEN REWEI'IEO ay .!.NY REGULATORY
AGENCY AND ARE SUBJECT TO
CHANGE.
SHEET: 4 OF 4
DATE: 1/9/04
SCALE: 1"=500'
Agenda Item No. Be
~~ovember 14, 2006
Page 507 of 511
TERAFINA - HENDRY COUNTY MITIGATION PARCEL
MITIGA TION/MONITORING/MAINTENANCE PLAN
COE APPLICATION NO. 199603501 (IP-TWM)
January 9, 2004
INTRODUCTION
The following outlines the mitigation, monitoring, and maintenance plan for the 107:1: acre
Hendry County Mitigation Parcel located in Sections 23 and 24, Township 45 South. Range 29
East, Hendry County. The Hendry County parcel is provided as habitat compensation for wide
ranging mammals including the Florida panther and Florida black bear. The Hendry County
Mitigation Parcel includes 60.33:1: acres of wetland enhancement and 47.24:1: acres of upland
enhancement and restoration. The Hendry County Mitigation Parcel will be placed under a
conservation easement or deeded to the state.
MITIGA TION
The mitigation plan for the Hendry County Mitigation Parcel consists of enhancing 60.33:1: acres
of wetlands; enhancing 42.84:1: acres of uplands; and restoring 4.40:1: acres of uplands.
Enhancement will include the removal of exotic and nuisance vegetation from existing wetlands
and uplands. The exotic and nuisance species to be eradicated include, but are not limited to,
melaleuca, Brazilian pepper, Australian pine, downy rose-myrtle, torpedo grass, West Indian
marsh grass, and sesbania spp,
The hand removal of exotic and nuisance species will include one or more of the following
methods: (1) cut exotics within 12 inches of ground elevation, hand remove cut vegetation, and
treat remaining stump with approved herbicide; (2) girdle standing melaleuca and Australian
pine with diameter at breast height greater than four inches and apply approved herbicide to
cambium; (3) foliar application of approved herbicide to melaleuca saplings. Brazilian pepper,
Australian pine, and downy rose-myrtle; (4) foliar application of approved herbicide or hand
pulling of exotic seedlings; and (5) foliar application of approved herbicide to nuisance grasses.
In areas where the density of melaleuca and Brazilian pepper exceeds 50 percent, cuttings will
either be removed from the site or stacked in piles at approximately 100 foot intervals. If left on
the site, smaller cuttings will be stacked butt end to the ground into a nearly vertical position
(i.e., teepee method). Larger cuttings will be cut and stacked side by side into an area
approximately six feet on a side. Cuttings will be stacked perpendicular to the previous layer up
to a height of approximately four feet (i.e., log cabin method).
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f\osnda Item f\lo. se
rJov8mber 14. 2006
Page 508 of 511
Approximately 4.40 acres of uplands will be restored and planted with native upland vegetation.
Tree plantings will include a minimum of two of the three species listed in Table 1, shrub
plantings will include a minimum of two of the three species listed in Table 1, and ground cover
species will include a minimum of four of the six species listed in Table 1. Planted trees and
shrubs will be at a minimum height of three foot and one gallon container or equivalent. Ground
cover will be a minimum height of 12 inch and two inch container or equivalent. Trees and
shrubs will be planted at a density of 195 plants per acre (15-foot centers) and ground cover at a
density of 1,745 plants per acre (five foot centers).
Table 1.
Planting List for Restored Uplands
:~ '.:':.:,~',~ ~}; .:~::t;$olr~1~i~~::-~\5l~~~i:-.: ~~: ~~.;:~I}i~~J:~'~}~}~~~~::fl~~p'm-m9nVl~~lffue;ht~~i':$X~~~fJ.l:~;i~:~*~~ - ";".
Laurel oak
Live oak
Slash ine
Fetterbush
Tar flower
Wax-m Ie
Bluestem grass
Broomsedge
Penny royal
Saw palmetto
Shin blueberry
Wire grass
Tree
Shrub
Ground Cover
MITIGATION SUCCESS CRITERIA
The mitigation shall be considered successful if at the end of five years the mitigation area
contains at least 80 percent cover by desirable obligate, facultative wetland, and facultative plant
species. Tree plantings will attain an 80 percent survivorship after one year of installation and for
each subsequent year of the five year monitoring program. The mitigation area shall be free
from exotic and nuisance vegetation immediately following a maintenance activity and should
consist of no more than five percent of total combined coverage between maintenance activities.
Exotic and nuisance vegetation species are identified as those species listed by the Exotic Pest
Plant Council at the time of pennit issuance.
MONITORING
Monitoring Methodology
The proposed monitoring of the mitigation area will consist of baseline, time-zero, and annual
monitoring of vegetation, wildlife, rainfall, and wetland water levels. The baseline monitoring
report will document conditions in the project site as they currently exist. The time-zero
monitoring report will document conditions immediately following wetland and upland
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Agenda Item No. Be
November 14, 2006
Page 509 of 511
enhancement. The annual reports will document conditions following enhancement activities
and document the extent of success of the project. If needed, the annual reports will identify
specific actions to be taken to improve the conditions within the project area. Sampling transects
and methodology for the baseline. time~zero, and annual reports will utilize identical methods of
data collection from identical sampling stations.
Vegetation Monitoring
Wetland and upland vegetation will be monitored prior to and following enhancement and
restoration activities. Sampling in wetland and upland areas will involve canopy, sub-canopy,
and ground cover stratum along monitoring transects established within the enhancement areas.
Canopy and sub-canopy vegetation species will be monitored within 50 x 20 foot plots
established along the monitoring transects. Species richness and visual estimate of percent cover
will be calculated for canopy and sub-canopy stratum.
To facilitate an intensive, accurate, and repeatable sampling program, the point frame method
(Bonham 1989) will be utilized for the ground cover strata. Point frames will be sampled at
approximately 25 foot intervals along each monitoring transect. Each point frame consists of 1 m
square wire grid with 25 cross points. . Any plant species directly below a cross point will be
recorded, including bare ground. Each cross point represents four percent of the square meter.
Water depths will also be recorded at each sampling station. For each sampling station,
identified species will be listed and percent cover computed and discussed.
Wildlife Monitoring
Regular observations of wildlife will be made during the monitoring event by qualified
ecologists. Observations will consist of recording evidence and sign of wildlife (i.e., direct
sightings, vocalizations, bUlTows, nests, tracks, droppings, etc.).
Fish and Aquatic Macroinvertebrate Monitoring
Qualitative sampling of fish and aquatic macroinvertebrates will be conducted using a standard
D-frame aquatic dip net, mesh size 1.0 mm. Sampling will be conducted along vegetation
monitoring transects with a minimum of two em. standing water. The collector will work the net
vigorously within the vegetation, open water, and surficial bottom sediments. Net contents will
be placed in a white pan and sorted with forceps. Hard substrate. if any, will also be examined
for the presence of aquatic macroinvertebrates. Sampling will continue until no new species are
encountered for ten minutes. Sample size and collection times will not exceed 200 organisms or
one hour, respectively. Samples will be preserved in alcohol, returned to the laboratory, and
identified to the lowest taxonomic level possible, usually species. \Vhen possible, fish will be
identified in the field and released.
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.Agenda item No. se
hJovernber 14. 2006
Page 510 of 511
Photographic Documentation
Permanent fixed':'point photograph stations will be established in the monitored areas providing
physical documentation of the condition and appearance of an area, as well as any changes
taking place within it. Panoramic photographs will accompany vegetation data in each report.
Locations of photo stations will remain the same throughout the duration of the monitoring
program.
Rainfall and Staff Gauge
Three staff gauge/monitoring wells will be installed within the enhanced wetland areas. The
gauges/wells will be read once a month during the dry season (November through May) and
twice a month during the wet season (June through October). Staff gauge data will be
summarized in the annual monitoring reports along with available rainfall data for the area,
MONITORING REPORTS
The permittee will submit annual monitoring. reports to the U.S. Army Corps of Engineers
(Corps) documenting the success of the mitigation program and general condition of the
preservation areas. The monitoring reports for the mitigation areas will be submitted to the Corps
in accordance with the pennitted mitigation activity schedule. Annual monitoring reports will
include the following infOImation:
· Brief description of mitigation and maintenance work perfom1ed since the previous report
along with a discussion of any modifications to the mitigation or maintenance program.
· Brief description of anticipated mitigation and maintenance work to be conducted over the
next year.
· Results of quantitative vegetation monitoring conducted m the enhanced wetlands and
upland buffers. A list of observed wildlife species.
· Panoramic photographs taken at photo stations within the enhanced wetlands and upland
buffers.
· Staff gauge and available local rainfall data.
CONSERVATION EASEMENT
The mitigation parcel will be placed in a conservation easement or deeded to the state. If placed
in a conservation easement, the easement will ensure that the mitigation areas will remain in a
natural state in perpetuity. These preserved mitigation areas will not be disturbed by dredging,
filling, or land clearing.
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Agenda Item No. 8e
November 14, 2006
Page 511 of511
MAINTENANCE AND LONG-TERM MANAGEMENT
Following the completion of the initial exotic removal effort, semi-annual inspections of the
mitigation area will occur for the first two years, During these inspections, the mitigation area
will be traversed by a qualified ecologist. Locations' of nuisance and/or exotic species will be
identified for immediate treatment with an appropriate herbicide. Any additional potential
problems will also be noted and corrective actions taken. Once exotic/nuisance species levels
have been reduced to acceptable limits (i.e., less than five percent cover), inspections of the
mitigation areas will be conducted annually.
Maintenance will be conducted in perpetuity to ensure that the enhanced wetlands and upland
buffers are free of exotic vegetation (as currently defined by the Exotic Plant Pest Council)
immediately following maintenance and that exotic and nuisance species will constitute no more
than five percent of total combined cover.
REFERENCES
Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New
Yark, New York.
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Agenda Item No. 80
November 14, 2006
Page 1 of 141
.-
EXECUTIVE SUMMARY
PUDZ-2005-AR-8147, Vornado Development, Inc" represented by D, Wayne Arnold, of Q.
Grady Minor and Associates, P.A, and Richard D, Yovanovich, Esq" of Goodlette,
Coleman, and Johnson, P.A., is requesting a rezone from the Golf Course (GC) zoning
district to the Residential Planned Unit Development (RPUD) zoning district, to allow a
residential development with a maximum of 3 dwelling units per acre, or 24 total dwelling
units in a project known as the Vornado RPUD. The 8::f: acre subject property is located off
Palm Drive in the Glades Subdivision, behind the Towne Center Shopping Center, in
Sections 12 and 13, Township 50 South, Range 25 East, Collier County, Florida,
OBJECTIVE:
To have the Board of County Commissioners (BCe) review staff's findings and
recommendations along with the recommendations of the Collier County Planning Commission
(CCPe) regarding the above referenced rezone petition and render a decision regarding the
petition.
CONSIDERATIONS:
The proposed PUD, if approved, will allow for a maximum of 24 residential dwelling units at a
- density of 3 units per acre. The PUD allows for a mix of dwelling types and includes: single-,
two- or multi-family residential. The project is bordered by Glades Country Club golf course
areas on the north and eastern property lines and by condominium property to the east, and a
shopping center tract (Towne Centre Shopping Center) to the south. The subject property
surrounds an area that is used by the Collier County Utilities Division which is not part of the
rezoning action. The PUD document and the Master Plan indicate the project will have one
access point via an existing access easement across Glades Country Club property to serve the
project from Palm Drive. Currently the site is cleared of any native vegetation. It was used as
the Glades Sewer Plant for many years, but that use was abandoned. There is a canal meandering
along the southwestern boundary.
FISCAL IMPACT:
The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the PUD rezone 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.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
- order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
Vornado, PUDZ-2005-AR-8147 Executive Summary for November 14. 2006 Bee
Page 1 of 6
Agenda Item No. 80
November 14,2006
Page 2 of 141
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use
District, Urban Residential Subdistrict) as identified on the Future Land Use Map of the Growth
Management Plan. Relevant to this petition, this Subdistrict permits residential development
(variety of unit types) at a base density of 4 dwelling units per acre (DU/A). This district is
intended to accommodate a variety of residential and non-residential uses, including mixed-use
developments such as Planned Unit Developments.
Review of the Density Rating System deems this project is eligible for a base density of 4 DU/ A
and a density reduction of 1 DU/ A because it is located within the Traffic Congestion Area.
Since the project density is 3 units per acre, the project is consistent with the density rating
system as noted below.
Base Density
Densitv Reduction
TOTAL ELIGIBLE DENSITY
4 du/a
1 du/a
3 du/a
In general, the LDC requires a minimum size of 10 acres for rezoning in the form of a PUD. One
exception is for infill projects (as defined in the GMP), where the minimum size requirement is 2
acres. This project qualifies for the Residential Infill Bonus, as defined in the FLUE. Further,
staff has previously interpreted that a property less than ten acres in size could qualify as "infill"
development if sharing at least two common boundaries with parcels that are developed (LDC
Section 4.07.02.A.2 adopted in Ordinance No. 06-07). Accordingly, it meets the minimum size
requirements for a PUD.
Objective 7, Policies 7.1 through 7.7, of the Future Land Use Element (FLUE) were adopted by
the BCC on October 26, 2004 and became effective on or about January 14, 2005. The
Objective and Policies adopt certain "Smart Growth" provisions into the FLUE. The policies are
intended to encourage the use of smart growth principles in local development planning. The
petitioner has addressed these principals in paragraph 9 of the Statement of Compliance in the
RPUD document.
Based upon the above analysis, staff concludes the proposed density and uses for the subject site
can be deemed consistent with Future Land Use Element of the GMP.
,-
Transportation Element: Transportation Planning staff has reviewed this petition's Traffic
Impact Statement (TIS) included in the application back-up material and the PUD document to
ensure the PUD document contains the appropriate language to address this project's potential
Varnado, PUDZ-2005-AR-8147 Executive Summary for November 14, 2006 BCC
Page 2 of 6
Agenda Item No. 80
November 14, 2006
Page 3 of 141
traffic impacts, and to offer a recommendation regarding GMP Transportation Element, Policy
5.1 and Policies 5.5 and 5.6. Those policies require the review of all rezone requests with
consideration of its impact on the overall transportation system, and specifically notes that the
County should not approve any request that significantly impacts a roadway segment already
operating and/or projected to operate at an unacceptable Level of Service (LOS) within the five-
year planning period unless specific mitigating stipulations are approved. The project was
reviewed based on the current TIS guidelines and with respect to Policy 5.1 of the Collier
County Growth Management Plan transportation element. The project traffic was distributed on
the adjacent roadway network and analyzed through project build out with consideration given to
the five-year planning period. The development of twenty-four single-family dwelling units is
considered a de minimus impact and infill within the Transportation Concurrency Exception
Area [TCEA]. The project will be subject to the TCEA requirements at the development order
stage. The project will be consistent with Policies 5.5 and 5.6 of the GMP as long as the
applicant utilizes the Transportation Demand Management (TDM) strategies as outlined in
Policy 5.6. Therefore, this petition is consistent with the GMP Transportation Element and
Transportation Planning staff recommends approval.
Conservation and Coastal Management Element: Because of the site's current cleared state,
Goals, Objectives or Policies of the GMP Conservation and Coastal Management Element are
not applicable to this petition.
GMP Conclusion: The Growth Management Plan is the prevailing document to support land
use decisions such as this proposed rezoning to PUD. Staff is required to make a
recommendation regarding a finding of consistency or inconsistency with the overall GMP as
part of the recommendation for approval, approval with conditions, or denial of any rezoning
petition. A finding of consistency with the FLUE and FLUM designations is a portion of the
overall finding that is required, and staff believes the petition is consistent with the FLUM and
the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent
with GMP Transportation Element Policy 5.1 as previously discussed. Based upon the above
analysis, staff concludes the proposed uses and density may be deemed consistent with the goals,
objective and policies of the overall GMP.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns. This petition did not require a hearing before the Environmental
Advisory Commission because the site is cleared.
Transportation Review: Transportation Department staff has reviewed the petition and the
PUD document and Master Plan for right-of-way and access issues. The applicant has
incorporated TranspOliation staffs revisions within the PUD document, and Transportation
Planning staff recommends approval subject to the Transportation commitments contained in the
PUD document. This includes a provision that the development provide payment in lieu of the
installation of sidewalks on one side of the road as exempted in Section 2.5.C of the PUD
document.
Varnado, PUDZ-2005-AR-8147 Executive Summary for November 14, 2006 BCC
Page 3 of 6
Agenda Item No. 80
November 14, 2006
Page4of141
PLANNING COMMISSION RECOMMENDATION:
This petition was originally scheduled to be heard by the Collier County Planning Commission
(Cepe) on September 21, 2006, but the petitioner sought a continuance to October 5, 2006, to
allow additional time to resolve issues with the neighbors. An additional continuance for the
same reason was sought and granted from the October 5, 2006 hearing date. The petition was
heard by the ecpc on October 21, 2006. The motion to approve with staffs conditions and
CCPC stipulations was made by Commissioner Murray and seconded by Commissioner
Adelstein. The motion passed 7 to 2 with Commissioners Schiffer and Midney voting in the
minority. Commissioner Schiffer stated he was voting against the petition because the project's
open space would be walled off from the residents of this project and would thus not provide a
benefit to the residents of the project; Commissioner Midney did not state any reasons for his
denial vote.
The stipulations incorporated into the CCPC approval are listed below along with staffs input
regarding the status of each within the PUD document shown in parenthetical italicized text.
-
1. The developer shall contribute $1,000.00 per dwelling unit constructed within the
RPUD. This contribution shall be paid at the issuance of each building permit.
This payment shall be creditable against the project's obligations to pay any other
affordable housing fees that may be adopted by Collier County. (This
requirement has been added to the PUD document in Section 5.8.); and
2. Deviation 1 must be modified to remove the request to provide a smaller
dimensioned cul-de-sac within the development (The revision has been made in
PUD document Section 2.5.); and
3. PUD document Section 2.7, entitled "Changes and Amendments to PUD
Document or RPUD Master Plan," must be removed. (This revision has been
made); and
4. The developer must provide a Phase 1 Environmental Audit of the abandoned
Sewage Treatment Facility to Collier County Environmental Services staff for
review and approval as part of the SDP approval process. (This has been added to
the PUD document in Section 5.6. C); and
5. Multi-family uses are prohibited; this project is limited to single-family homes,
townhomes and attached villas only. (This change has been made in PUD document
Section 3.4.A.); and
6. The Utility General Development Commitments contained in PUD Section 5.4 must
be modified to reflect the language provided at the CCPC hearing and agreed upon
by Utilities Staff and the applicant, except for the following changes that must be
made:
A. The changes sought by the Assistant County Attorney must be made. (The
changes have been made.); and
B. The developer shall change the word "near" to "nearest" in Section 5.4.C. (The
change has been made.); and
C. A minimum Type B landscape buffer must be provided on the Developer's
side ofthe wall (The change has been made in Section 2. 8. D.).
Varnado, PUDZ-2005-AR-8147 Executive Summary for November 14, 2006 BCC
Page 4 of 6
Agenda Item No. 80
November 14,2006
Page 5 of 141
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. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that were incoIporated into the
staff report. A summary of the legal considerations and findings recommended by staff are noted
below:
Whether the proposed change will be consistent with the goals, objectives, and policies of
the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the
Growth Management Plan (GMP),
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see
staff report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Future Land Use Element and the Transportation Element of
the GMP offering a recommendation that this petition be found consistent with the
overall GMP.
Con: None.
Findings: Based upon staff's review, the proposed development is in compliance with
the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for
Collier County and all other relevant goals, objectives and policies of the GMP.
The existing land use pattern,
Pro: The location and zoning map that is attached to the staff report show the Vornado
site is a logical use in this area given the surrounding golf course and multi-family uses,
and GMP TranspOliation Element Policy 9.3 encourages interconnection of
neighborhoods.
Con: There is an existing sewer treatment facility that will be bordering the subject
property. County Wastewater facility staff has concern that future residents of the project
may later complain about the proximity of the county's facility. To counter that
possibility, Wastewater Facility staff has requested that additional considerations be
provided from the developer. The developer has agreed with the proposed conditions.
Finding: Staff believes this project will be compatible with the existing land use patterns
as explained in the staff report if the conditions recommended by Wastewater Facility
staff are included.
Whether changed or changing conditions make the passage of the proposed land use
change necessary,
Pro: The proposed change is not necessary, per se; it is being requested in compliance
with the LDC allowances to seek such changes. This site was previously utilized for an
accessory use to the overall golf course community as the utility site for the Glades
Country Club housing the wastewater treatment facility. That use was abandoned when
the project connected to county facilities.
Varnado, PUDZ-2005-AR-8147 Executive Summary for November 14, 2006 Bee
Page 5 of 6
Agenda Item No. 80
November 14, 2006
Page 6 of 141
Con: The subject tract could be developed by itself without rezoning however the current
GC zoning is extremely limited. Due to the property's small size (eight acres) it is highly
unlikely that a stand alone golf course could be created on this tract. Therefore to have a
"reasonable use" on this site that is allowable under the current zoning, the applicant
would almost be forced to become a part of the Glades Country Club.
Findings: The proposed zoning change is appropriate based on the existing conditions of
the property and because its relationship to the FLUE (Future Land Use Element of the
GMP) is positive.
Whether the proposed change will adversely influence living conditions in the
neighborhood,
Pro: The proposed change will not adversely influence living conditions in the
neighborhood because the recommended development standards and other conditions for
approval should ensure the least amount of adverse impact on adjacent and nearby
developments
Con: The adjacent and surrounding property owners may perceive that the addition of 24
dwelling units could adversely impact traffic flow on the local streets.
Findings: The proposed V omado RPUD is compatible with adjacent land uses due to the
similarities that should be realized between the surrounding residential uses and the
proposed residential uses. The amount and types of noise and odors, and building
massing related to the proposed uses should not be ofTensive.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-2005-AR-
8147 with the stipulations agreed upon at the Collier County Planning Commission hearing.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
-
Varnado, PUDZ-2005-AR-8147 Executive Summary for November 14, 2006 BCC
Page 6 af 6
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 80
November 14, 2006
Page 7 of 141
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
80
This item reqLllres that all pZlrtic!pants be sworn In and ex parte disclosure be provided by
CommIssion members,PUDZ~2005-AR-8147, Varnado Development, Inc.. represented by 0
Wayne Arnold, of Q Grady Minor and Associates, P,A. and Richard D. Yovanovictl, Esq.. of
Goodlette, Coleman and Johnson, P.A., IS requesting a rezone from the Golf COLlrse ,GCI
zoning district to the Residential Planned Unit Development (RPUD) zoning district to allow a
residential developmenl with a maximum of 3 dwellmg units per acre, or 24 total dwelling
units in a project known as the Varnado RPUO. The 8 acre subject property is located off
Palm Drive in the Glades Subdivision, behind the Towne Center Shopping Center. tn
Sections 12 and 13, Township 50 Soutt1. Range 25 East, Collier County, Florida
11/14/2006 9' 00:00 AM
Principal Planner
Date
Prepared By
Kay Desele-m, AICP
Community Development &.
Environmental Services
Zoning & Land Development Review
10125/20067:19:04 PM
Approved By
Chief Planner
Date
Ray Bellows
Community Development &
Environmental Services
Zoning & Land Development Review
10/26120062:34 PM
Approved By
Date
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental SCrl/ices Admin.
10/26120063:08 PM
Marlene Stewart
Executive Secretary
Date
Approved By
Community Development &
Environmental Ser\.iic:cs
Community Development &
Environrl1ental SePJices. Admin.
10/26120064:42 PM
Donald L. Scott
Trao5portation Planning Director
Date
Approved By
Transportation Services
Transportation Planning
10!301200610:11I\M
Norm E. Feder, AICP
Transoortation Division t\Ciministr;l:tor
DZlte
Approved By
Transportation Scrvlces
Transportation Services Admin.
10/30120064:17 PM
Date
Approved By
Marjorie M. Student-Stirling AssistZlnt County Attorney
10/31/20068:16 AM
Approved By
County Attorney County Attorney Office
Susan Murray, AICP
Zoning & Land Development Director
Date
Community Development &
Environmental Services
Zoning & Land Development Review
10131/20061 :02 PM
Approved By
Joseph K Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
EnvIronmenta! ServIces Admin.
11/11200612:39 PM
Administrative ASSIstant
Dat~
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
11/212006 11 :49 AM
Budget Analyst
Date
Approved By
Mark ls.ackson
County Manager's Office
Office of Management 8. Budget
11/3/20068:55 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
11/3/200610:40 AM
Agenda Item No. 80
November 14, 2006
Page8of141
Co~T County
- '-~ --
ISUPPLEMENT ALl
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: OCTOBER 5, 2006
TO:
FROM:
RE:
PUDZ-2005-AR-8147; VORNADO RESIDENTIAL PLANNED UNIT DEVEL-
OPMENT (RPUD)
REQUESTED ACTION:
The petitioner's requested action remains the same as explained in the staff report prepared and submitted
for the September 21, 2006 Collier County Planning Commission (CCPe) hearing,
UPDA TE:
The Collier County Planning Commission (CCPe) was scheduled to hear this petition on September 21,
2006; however, the county received a continuance request foml on September 18, from the petitioner's
agents stating they want a continuance until October 5, 2006 'to resolve outstanding issues with
neighboring property [owners]."
The petitioner's agents and Collier County Utility staff are negotiating conditions of approval that
adequately address concerns of both parties. Minor changes to the PUD document and the Master Plan
are anticipated to recognize this cooperative effort, The petitioner's agent indicated that they also are
meeting with other property owners and are in the process of negotiating an agreement with them
regarding the use of the existing golf course area,
At the writing of this staffreport, the petitioner's agent has not forwarded any additional final information
for staff or the CCPC's consideration, The original staff report submitted for consideration for the
September 21, 2006 CCPC hearing contains the background information for this petition. The
Applicants/Owners, Requested Action, Geographic Location, Purpose/Description of Project,
Surrounding Land Use and Zoning, Aerial Photo, the Growth Management Plan evaluation, the analysis
section to include the Environmental Analysis, Transportation Review, Utility Review, and Zoning
Review, and the Neighborhood Information Meeting summary in the original staff report have not been
revised. Please refer to the original staff report for that information.
RECOMMENDA TION:
Zoning and Land Development Review staff recommendation has not changed; staff continues to
recommend that the Collier County Planning Commission (CCPe) forward Petition PUDZ-2005-AR-
8147 to the Board of County Commissioners (BCC) with a recommendation of approval of the rezoning
Varnado PUD, PUDZ-2005-AR-8147
Supplemental Staff Report
October 5, 2006 CCPC
Page 1 of 2
Agenda Item No. 8D
November 14, 2006
Page 9 of 141
request from the Golf Course (Ge) zoning district to the Residential Planned Unit Development (RPUD)
zoning district subject to the staff stipulations that have been incorporated into the RPUD document.
PREPARED BY:
KA Y DESELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
RAY BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR
Tentatively scheduled for the November 14, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARKP, STRAIN, CHAIRMAN
Attachments: Continuance request form, received September 18, 2006
Vornado PUD, PUDZ-2005-AR-8147
Supplemental Staff Report
October 5, 2006 eepe
Page 2 of 2
Agenda Item No. 80
November 14, 2006
Page 10 of 141
Co~r County
- ~- ~ --
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE:
SEPTEMBER 21,2006
SUBJECT:
PUDZ-2005-AR-8147; VORNADO RESIDENTIAL PLANNED UNIT DEVELOP-
MENT (RPUD)
PROPERTY OWNER/AGENT:
OWNER/APPLICANT:
AGENTS:
Samuel Hubsclunan, President
Vornado Development, Inc.
2223 Trade Center Way
Naples, FL 34103
Wayne Arnold, AICP
Q. Grady Minor & Assoc.
3800 Via Del Rey
Bonita Springs, FL 34134
Richard Y ovanovich
Goodlette, Coleman, & Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone of the
subject site from the Golf Course (GC) zoning district to the Residential Planned Unit Development
(RPUD) zoning district.
GEOGRAPHIC LOCATION:
The 8::f:: acre subject property is located off Palm Drive in the Glades Subdivision, behind the Towne
Center Shopping Center, in Sections 12 and 13, Township 50 South, Range 25 East, Collier County,
Florida. (See location map on the following page)
PURPOSEIDESCRlPTION OF PROJECT:
The proposed PUD, if approved, will allow for a maximum of 24 residential dwelling units at a density
of 3 units per acre. The PUD allows for a mix of dwelling types and includes: single-, two- or multi-
family residential. The project is bordered by Glades Country Club golf course areas on the north and
eastern property lines and by condominium property to the east, and a shopping center tract (Towne
Centre Shopping Center) to the south. The subject property surrounds an area that is used by Collier
County Utilities which is not part of the rezoning action. The PUD document and the Master Plan
indicate the project will have one access point via an existing access easement across Glades Country
Club property to serve the project from Palm Avenue. Currently the site is cleared of any native
vegetation. It was used as the Glades Sewer Plant for many years, but that use was abandoned. There is
Varnado PUD, PUDZ-2005-AR-8147 Staff Report
Septem ber 21, 2006 CCPC
Page 1 of 8
Agenda Item No. 8D
November 14, 2006
Page 11 of 141
a canal meandering along the southwestern boundary.
SURROUNDING LAND USE AND ZONING:
North:
East:
Glades Country Club Golf Course, with a zoning designation of Golf Course (CO)
Glades Country Club Golf Course, with a zoning designation of Residential Multi- family-6
(RMF -6)
Towne Centre Shopping Center, with a zoning designation of C-3
A roadway easement within the Naples Sunrise Condominium area, zoned RMF-16
South:
West:
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Future Land Use Element (FLUE):
The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) as
identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this
Subdistrict permits residential development (variety of unit types) at a base density of 4 dwelling units
per acre (DU/A). This district is intended to accommodate a variety of residential and non-residential
uses, including mixed-use developments such as Planned Unit Developments.
Varnado PUD, PUDZ-2005-AR-8147 Staff Report
September 21,2006 CCPC
Page 2 of 8
Agenda Item No. 80
November 14, 2006
Page 12 of 141
Review of the Density Rating System deems this project is eligible for a base density of 4 DU/ A and a
density reduction of I DU/A because it is located within the Traffic Congestion Area. Since the project
density is 3 units per acre, the project is consistent with the density rating system as noted below.
Base Density
Density Reduction
TOTAL ELIGIBLE DENSITY
4du/a
1 du/a
3 du/a
In general, the LDC requires a minimum size of 10 acres for rezoning in the form of a PUD. One
exception is for infill projects (as defmed in the GMP), where the minimum size requirement is 2 acres.
This project qualifies for the Residential Infill Bonus, as defined in the FLUE. Further, staff has
previously interpreted that a property less than ten acres in size could qualify as "infill" development if
sharing at least two common boundaries with parcels that are developed (LDC Section 4.07.02.A.2
adopted in Ordinance No. 06-07). Accordingly, it meets the minimum size requirements for a PUD.
Objective 7, Policies 7.1 through 7.7, of the Future Land Use Element (FLUE) were adopted by the
BCC on October 26, 2004 and became effective on or about January 14, 2005. The Objective and
Policies adopt certain "Smart Growth" provisions into the FLUE. The policies are intended to encourage
the use of smart growth plinciples in local development planning. The petitioner has addressed these
principals in paragraph 9 of the Statement of Compliance in the RPUD document.
Based upon the above analysis, staff concludes the proposed density and uses for the subject site can be
deemed consistent with Future Land Use Element of the GMP.
Transportation Element:
Transportation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) included in
the application back-up material and the PUD document to ensure the PUD document contains the
appropriate language to address this project's potential traffic impacts, and to offer a recommendation
regarding GMP TranspOliation Element, Policy 5.1 and Policies 5.5 and 5.6. Those policies require the
review of all rezone requests with consideration of its impact on the overall transportation system, and
specifically notes that the County should not approve any request that significantly impacts a roadway
segment already operating and/or projected to operate at an unacceptable Level of Service (LOS)
within the five-year planning period unless specific mitigating stipulations are approved. The project
was reviewed based on the CUlTent TIS guidelines and with respect to Policy 5.1 of the Collier County
Growth Management Plan transportation element. The project traffic was distributed on the adjacent
roadway network and analyzed through project build out with consideration given to the five-year
planning period. The development of twenty-four single-family dwelling units is considered a de
minimus impact and infill within the Transportation Concurrency Exception Area [TCEA]. The project
will be subject to the TCEA requirements at the development order stage. The project will be consistent
with Policies 5.5 and 5.6 of the GMP as long as the applicant utilizes the Transportation Demand
Management (TDM) strategies as outlined in Policy 5.6. Therefore, this petition is consistent with the
GMP Transportation Element and Transp0l1ation Planning staff recommends approval.
Conservation and Coastal Management Element:
Because of the site's current cleared state, Goals, Objectives or Policies of the GMP Conservation and
Coastal Management Element are not applicable to this petition.
Varnado PUD, PUDZ-2005-AR-8147 Staff Report
September 21, 2006 CCPC
Page 3 of 8
Agenda Item No. 8D
November 14, 2006
Page 13 of 141
GMP Conclusion:
The Growth Management Plan is the prevailing document to support land use decisions such as this
proposed rezoning to PUD. Staff is required to make a recommendation regarding a finding of
consistency or inconsistency with the overall GMP as part of the recommendation for approval,
approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE
and FLUM designations is a portion of the overall finding that is required, and staff believes the
petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion.
The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously
discussed. Based upon the above analysis, staff concludes the proposed uses and density may be
deemed consistent with the goals, objective and policies of the overall GMP.
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
(CCPC) uses these same criteria as the basis for their recommendation to the Board of County
Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request.
These evaluations are completed as separate documents and are attached to the staff report (See Exhibit
"A" and Exhibit "B").
Environmental Review: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns. This petition did not require a hearing before the
Environmental Advisory Commission because the site is cleared.
Transportation Review: Transportation Department staff has reviewed the petition and the PUD
document and Master Plan for right-of-way and access issues. The applicant has incorporated
Transportation staffs revisions within the PUD document, and Transportation Planning staff
recommends approval subject to the Transportation commitments contained in the PUD document.
This includes a provision that the development provide payment in lieu of the installation of sidewalks
on one side of the road as exempted in Section 2.5.C of the PUD document.
Utility Review:
Engineering Review: Staff has reviewed the petition, noting that this PUD is located within the Collier
County Sewer District, and is subject to application for and conditions associated with a Sewer
Availability Letter from the Collier County Utilities Division. Potable Water will also be provided by
Collier County.
Wastewater Review: Because the subject property sUlTounds a county wastewater facility and the
access to the utility site and the access for the project's units appear to be one and the same, county
wastewater staff has concerns about this project and its effect on the continued operation and potential
expansion of the facility on site. Therefore, wastewater review staff has requested that the developer
provide increased buffers and separation distances to help ensure the county's ability to operate the
wastewater facility without generating ire and complaints from future residents within the project.
Below is a list of stipulations to address wastewater concerns.
Varnado PUD, PUDZ-2005-AR-8147 Staff Report
Septem ber 21, 2006 CCPC
Page 4 of 8
Agenda Item No. 80
November 14, 2006
Page 14 of 141
1. All current utility easements to be protected; and
2. Prior to the issuance of the first certificate of occupancy for the developer shall construct
a six-foot high wall (designed for 3600/150 MPH wind) surrounding the utility facilities
and the easements; and
3. The developer shall provide a 30-foot-wide vegetative buffer to screen the current utility
proposed facilities. The buffer will consist of a combination of trees, shrubs, and ground
covers, along with selectively placed earthen landscape, with the design of the buffer
placing plant materials to break the sight lines between existing structures and the
proposed development; and
4. The developer shall provide an irrigation system in compliance with County code for the
entire buffer; and
5. The developer shall be responsible for the perpetual maintenance of the vegetative buffer,
the irrigation system and the wall.
The petitioner is currently evaluating these stipulations and will be arranging a meeting with
wastewater review staff to discuss them; therefore the petitioner has only stated that he cannot agree to
provide the additional width buffer.
Zoning Review: As illustrated in the aerial photograph located on page 2 of the staff report, the
surrounding zoning discussion of this staff report, and the Master Plan, the site is adjacent to golf
course fairways to the north and east and a shopping center to the southwest. The residential uses
around this subject parcel are developed with multi-family uses, thus this project should be compatible
with the neighborhood.
The development standards contained in Section III of the PUD document reflect a design approach
that will provide single-, two-, or multi-fanlily housing opportunities. The PUD provides a minimum
front-yard setback of 20 feet and side setbacks of six feet for single-, two-family or townhouse units
and 10 feet for multi-family will be provided for all principal structures. The minimum rear setback is
proposed to be fifteen feet for all structures. Maximum building height is proposed to be 35 feet.
FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Zoning and Land
Development Review staff reviews for compliance with this requirement as part of the review of the
petition in its entirety. The typical compatibility analysis would include a review of both the subject
proposal and surrounding or nearby properties as to allowed use intensities and densities, development
standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and
orientation, architectural features, amount and type of open space and location, traffic
generation/attraction, etc.
The adjacent tracts are developed with multi-story structures, and the RMF-6 zoning district limits
building heights to a maximum of 35 feet which is what this project proposed. The RMF-16 property
to the northwest has a maximum building height of 75 feet. The development envelope shown on the
Master Plan indicates that buildings will be constructed along the property's nOlihem perimeter, then
the project's access will virtually bisect the property west to east, with other residential uses on the
south side of the access roadway. It appears from the Master Plan that the golf course uses will remain
Varnado PUD, PUDZ-2005-AR-8147 Staff Report
September 21,2006 eepe
Page 5 of 8
Agenda Item No. 8D
November 14, 2006
Page 15 of 141
in the southeastern portion of the project. Therefore, staff believes the proposed use is compatible with
the neighborhood and thus consistent with GMP Policy 5.4.
DEVIATION DISCUSSION:
The petitioner is seeking approval of three deviations from design standards of the Land Development
Code. The petitioner has provided justification in support of the deviations. (See the application
package for a copy of the petitioner' list of deviations that includes the justification.) Staff has analyzed
the deviations and provides the analyses and recommendations below.
Deviation 1 seeks relief from street right-of-way width requirements of Section 6.06.01 and Appendix B
of the LDC to permit a minimum 40 foot right-of-way width to be utilized for local streets and cul-de-sacs.
Staff has reviewed the deviation and recommends approval finding that. in compliance with LDC
Section 10.02.13 .A.3.. the petitioner has demonstrated that "the element may be waived without a
detrimental effect on the health. safety and welfare of the community."
Deviation 2 seeks relief from the six-foot (6") maximum fence/wall height identified Section 5.03.02 of
the LDC, to permit fences/walls within the Vornado RPUD. The petitioner proposes a maximum height of
eight (8') feet along the boundary shared by Glades Golf Course and along the southeastern residential
area between the residential area and the area shown on the Master Plan as Golf Course/Open Space, and
ten feet (10') around the existing effluent tank that is not part of this rezoning action. Fences could be a
maximum of eight or ten feet high, as measured from the finished floor elevation of the nearest habitable
structure within the development as noted above. However, if the fence or wall is constructed on a
landscaped berm, the fence/wall would not exceed eight feet (8') in height from the top of berm elevation
for belm elevations with an average side slope of 4: 1 or less, and would not exceed six feet (6') in height
from the top ofbern1 elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1), as noted
in the PUD document in Section 2.9.B. The applicant has explained that this deviation is being sought to
provide better buffering for the wastewater treatment effluent tank, and could provide additional protection
for residences from errant golf balls, given the proximity to the golf fairways. Staff has reviewed the
deviation and recommends approval finding that. in compliance with LDC Section 10.02.13.A.3.. the
petitioner has demonstrated that "the element may be waived without a detrimental effect on the health.
safetv and welfare of the community."
Deviation 3 seeks relief from Appendix B and Section 6.06.02 of the LDC that requires 5-foot wide
sidewalks to be placed along both sides of a local street to instead provide a 5-foot-wide sidewalk on one
side of the street. Staff has reviewed the deviation and recommends approval finding that. in
compliance with LDC Section I 0.02.13.A.3.. the petitioner has demonstrated that "the element may be
waived without a detrimental effect on the health. safety and welfare of the community." Also, Section
5.7.M of the PUD requires the developer to provide a payment in lieu of the installation of the sidewalk
on one side of the road.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Synopsis provided by Linda Bedtelyon, Community Planning Coordinator:
The agent for the applicant held the required NIM July 18, 2006 at 5:30 p.m. in the Collier County
Board of County Commissioners (BCe) meeting chambers, Harmon-Turner Building, Government
Complex, 3301 Tamiami Trail East, Naples, FL. Approximately 35 people attended, including the
Vornado PUD, PUDZ-2005-AR-8147 Staff Report September 21,2006 CCPC Page 6 of 8
Agenda Item No. SD
November 14, 2006
Page 16 of 141
applicant's team and county staff. Of those who spoke, most were residents of the Glades County Club
Association who stated they had concerns about the property ownership of the site, which is currently
pending litigation. Statements and commitments made by the applicant's agents, Wayne Arnold of Q.
Grady Minor and Rich Y ovanovich of Goodlette, Coleman and Johnson are summarized below:
. There will be a 35-foot building height maximum; and
. There are no "affordable" housing units proposed; and
· A deviation is being sought to allow a 10 foot wall next to the county facility pump station and
adjacent to Beall's shopping center (west and south)
. We hope to settle (lawsuit) prior to Public Hearing
. Palm Drive ingress, egress access easement (across "Sunrise" property)
· Dry detention water management area
· Should the property ownership change hands, and we aren't the underlying property owner, we
may have to adjust the number of residential units proposed
· We'll work around the pumping station
RECOMMENDATION:
Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward Petition PUDZ-2005-AR-8147 to the Board of County Commissioners
(BCC) with a recommendation of approval of the rezoning request from the Golf Course (GC) zoning
district to the Residential Planned Unit Development (RPUD) zoning district subject to the staff
stipulations that have been incorporated into the RPUD document.
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
MARJORIE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
DATE
RAYMOND V. BELLOWS, ZONING MANAGER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
Varnado PUD, PUDZ-2005-AR-8147 Staff Report
September 21,2006 CCPC
Page 7 of 8
Agenda Item No. 80
November 14, 2006
Page 17 of 141
SUSAN MURRAY, AICP, DIRECTOR
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPH K. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the November 14,2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Exhibits: A. Rezone Findings
B. PUD Findings
Vornado PUD, PUDZ-2005-AR-8147 Staff Report
September 21,2006 CCPC
Page 8 of 8
Agenda Item No. 80
November 14, 2006
Page 18 of 141
Exhibit A
REZONE FINDINGS
PETITION PUDZ-2005-AR-8147
Chapter 10.03.05.0 of the Collier County Land Development Code (LDC) requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners 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, and policies of
the Future Land Use Element (FLUE) and Future Land Use Map and the elements of the
Growth Management Plan (GMP),
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Conservation & Coastal
Management Element, the Future Land Use Element and the Transportation Element of the
GMP offering a recommendation that this petition be found consistent with the overall GMP.
Con: None.
Findings: Based upon staffs review, the proposed development is in compliance with the
Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County
and all other relevant goals, objectives and policies of the GMP.
2, The existing land use pattern,
Pro: The location and zoning map that is attached to the staff report show the V omado site is a
logical use in this area given the surrounding golf course and multi-family uses, and OMP
Transportation Element Policy 9.3 encourages interconnection of neighborhoods.
Con: There is an existing sewer treatment facility that will be bordering the subject property.
County Wastewater facility staff has concern that future residents of the may later complain
about the proximity of the county's facility. To counter that possibility, Wastewater Facility
staff has requested that additional buffering and separations distances be provided from the
developer. The developer does not agree with the proposed conditions.
Finding: Staff believes this project will be compatible with the existing land use patterns as
explained in the staff report if the conditions recommended by Wastewater Facility staff are
included.
3, The possible creation of an isolated district unrelated to adjacent and nearby districts,
Pro/Con: Evaluation not applicable.
Findings: The proposed rezoning will not create an isolated district unrelated to adjacent and
nearby districts. The surrounding area is developed with residential uses; thus, the uses and the
zoning districts share a use relationship.
Page 1 of 5
Agenda Item No. 80
November 14. 2006
Page 19 of 141
4, Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change,
Pro/Con: Evaluation not applicable.
Findings: The district boundaries are logically drawn as previously noted.
5, Whether changed or changing conditions make the passage of the proposed land use
change necessary,
Pro: The proposed change is not necessary, per se; it is being requested in compliance with the
LDC allowances to seek such changes. This site was previously utilized for an accessory use to
the overall golf course community as the utility site for the Glades Country Club housing the
wastewater treatment facility. That use was abandoned when the project connected to county
facilities.
Con: The subject tract could be developed by itself without rezoning however the current GC
zoning is extremely limited. Due to the property's small size (eight acres) it is highly unlikely
that a stand alone golf course could be created on this tract. Therefore to have a "reasonable
use" on this site that is allowable under the current zoning, the applicant would almost be
forced to become a part of the Glades Country Club.
Findings: The proposed zoning change is appropriate based on the existing conditions of the
property and because its relationship to the FLUE (Future Land Use Element of the GMP) is
positive.
6, Whether the proposed change will adversely influence living conditions in the
neighborhood,
Pro: The proposed change will not adversely influence living conditions in the neighborhood
because the recommended development standards and other conditions for approval should
ensure the least amount of adverse impact on adjacent and nearby developments
Con: The adjacent and surrounding property owners may perceive that the addition of 24
dwelling units could adversely impact traffic flow on the local streets.
Findings: The proposed V omado RPUD is compatible with adjacent land uses due to the
similarities that should be realized between the surrounding residential uses and the proposed
residential uses. The amount and types of noise and odors, and building massing related to the
proposed uses should not be offensive.
EXHIBIT A
Rezone Findings
PUDZ-A-200S-AR-8147
Page 2 of 5
Agenda Item No. SO
November 14, 2006
Page 20 of 141
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,
Pro: Development of the subject property is consistent with provisions of the Transportation
Element of the GMP. This project only proposes development of 24 units which should not
generate significant traffic impacts therefore, approval of this project should not create types of
traffic deemed incompatible with surrounding land uses and it should not affect the public
safety. Developers who share roadway improvement costs provide an alternative taxpayer cost
effective way to expedite roadway improvements.
Con: The adjacent and surrounding property owners may perceive that the addition of 24
dwelling units could adversely impact traffic flow on the local streets.
Findings: Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Traffic Element of the GMP and was found consistent. Furthermore, this
project will be subject to the Concurrency Management System.
8, Whether the proposed change will create a drainage problem,
Pro: Road improvements precipitated by this development and water management
improvements to accommodate site development are designed to accommodate the normal
drainage requirement.
Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall
event.
Findings: Every project approved in Collier County involving the utilization of land for some
land use activity is scrutinized and required to mitigate all sub-surface drainage generated by
developmental activities.
9, Whether the proposed change will seriously reduce light and air to adjacent areas.
Pro/Con: Evaluation not applicable
Findings: All projects in Collier County are subject to the development standards that are
unique to the zoning district in which it is located. These development standards and others
apply generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) were designed to ensure that light penetration and circulation of
air does not adversely affect adjacent areas.
EXHIBIT A
Rezone Findings
PUDZ-A-200S-AR-8147
Page 3 of 5
Agenda Item No. 80
November 14, 2006
Page 21 of 141
10, Whether the proposed change will adversely affect property values in the adjacent area,
Pro: Urban intensification typically increases the value of adjacent or underutilized land.
Con: None
Findings: This is a subjective determination based upon anticipated results which may be
internal or external to the subject property, and which can affect property values. 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 mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Pro/Con: Evaluation not applicable
Findings: The basic premise underlying all of the development standards in the Land
Development Code is the sound application of the standards, when combined with the site
development plan approval process and/or subdivision process, gives reasonable assurance that
a change in zoning will not result in detelTence to improvement or development of adjacent
property.
-
12,
Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare,
Pro/Con: Evaluation not applicable.
Findings: The proposed development complies with the Growth Management Plan, a public
policy statement supporting Zoning actions when they are consistent with said Comprehensive
Plan. In light of this fact, the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship because
actions consistent with plans are in the public interest.
13, Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning,
Pro/Con: This issue is discussed in Item 5 above.
Findings: Any petition for a change in land use is reviewed for in compliance with the GMP
and the LDC with the Board of County Commissioners ultimately ruling what uses and density
or intensity is approved or, on the contrary, if the petition is denied. This petitioner is
proceeding through the proper channels to garner that Board ruling.
EXHIBIT A
Rezone Findings
PUDZ-A-200S-AR-8147
Page 4 of 5
Agenda Item No. 80
November 14, 2006
Page 22 of 141
14, Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
Pro: The project's Property Development Regulations provided in the PUD document are
similar to what is allowable in the neighboring RMF-6 and RMF-16 zoning districts. The
proposed 35 foot maximum building height is the same as RMF-6, while the RMF-16 allows
structures up to 75 feet tall.
Con: None.
Findings: The proposed development complies with the Growth Management Plan, a policy
statement which has evaluated the scale, density and intensity of land uses deemed to be
acceptable throughout the urban designated areas of Collier County.
15. Whether it is impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Pro/Con: Evaluation not applicable
Findings: Each zoning petition is reviewed on its own merit for compliance with the GMP and
the LDC; and staff does not review other sites in conjunction with a specific petition.
However, suffice to say, there are most likely areas of the County with conventional or PUD
zoning that would allow development of the housing types proposed by the petitioner. The
determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy
of infrastructure and general compliance with the Land Development Code.
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,
Pro/Con: Evaluation not applicable
Findings: As noted in Item 5 above, this site's size limits the ability to development the
property as a golf course.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County LDC regarding
Adequate Public Facilities,
Pro/Con: Evaluation not applicable
Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the
GMP and the LDC public facilities requirements has reviewed this land use petition and found
it consistent and in compliance for zoning approval. A final determination whether this project
meets the full requirements of adequate public facilities specifications will be determined as
part of the development approval process.
EXHIBIT A
Rezone Findings
PUDZ-A-200S-AR-8147
Page 5 of 5
Exhibit B
PUD FINDINGS
PUDZ-A-2005-AR-8147
Agenda Item No. 8D
November 14, 2006
Page 23 of 141
Section 1O.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the following criteria:
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
Pro: The nearby area is developed with residential uses and that is what is proposed The
project will be required to comply with all county regulations regarding drainage, sewer,
water and other utilities.
Con: None.
Finding: The land is already cleared, so there are no development constraints imposed by
the physical characteristics of the land. As noted the surrounding area is developed with a
golf course residential development. The traffic generated from 24 units should not have an
adverse impact on the area, and water, sewer and other services will be provided to this
project as they have been made available to the existing Glades Country Club development.
The project will be required to comply with all county regulations regarding drainage,
sewer, water and other utilities; therefore, the project is suitable for the area.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contracts, 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,
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and maintenance
of common areas.
3, Conformity of the proposed Planned Unit Development with the goals, objectives, and
policies of the Growth Management Plan (GMP),
Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff
report) of the relevant goals, objectives and policies of the Future Land Use Element and the
Transportation Element of the GMP offering a recommendation that this petition be found
consistent with the overall GMP.
Con: Staff's analysis is subjective. Many of the goals, objective and policies do not have
quantative means to measure compliance. The GMP Transportation Element Policies 5.1
and 5.2 and Policy 6.1.1 and Policy 7.1.2 contain measurable components; however, FLUE
Page 1 of 3
Agenda Item No. 80
November 14, 2006
Page 24 of 141
Policy 5.4 does not. Compatibility with the adjacent and surrounding land uses is a
subjective determination.
Finding: Staff has recommended that the subject petition has been found consistent with the
goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please
see the staff report for a more detailed discussion.
4, The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering
and screening requirements,
Pro: Staff analysis as contained in the staff report indicates that this petition is compatible,
both internally and externally, with the proposed uses and with the existing surrounding
uses.
Con: The conversion of GC zoned land to residential may be perceived as an intensification
of development in the neighborhood causing concern from the surrounding property owners.
Findings: Staff believes that the proposed conditions would aid in creating ameliorating
elements which would offset the adverse impacts from the proposed land uses. (see Staff
Report).
5, The adequacy of usable open space areas in existence and as proposed to serve the
development,
Pro: The amount of open space set aside by this project is consistent with the provisions of
the Land Development Code. No deviations to reduce the required open space have been
sought as part of the development proposal.
Con: Evaluation not applicable.
Finding: Staff believes that the property development regulations should aid in creating
ameliorating elements which would offset the adverse impacts from the proposed land uses.
6, The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro: Timing or sequence of development in light of concurrency requirements does not
appear to be a significant problem as part of the PUD amendment process, but the project's
development must be in compliance with applicable concurrency management regulations
when development approvals are sought.
Con: None.
Finding: The proposed project will not adversely impact the timing or sequence of
development that is currently allowed in the area. Fm1hermore, the adopted concurrency
PUD FINDINGS
PUDZ-A-2005-AR-8147
EXHIBIT B
Page 2 of 3
Agenda Item No. 80
November 14, 2006
Page 25 of 141
requirements ensure that further LOS degradation is not allowed or the LOS deficiency is
corrected.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Finding: If "ability" implies supporting infrastructure such as wastewater disposal system,
potable water supplies, characteristics of the property relative to hazards, and capacity of
roads, then the subj ect property has the ability to support expansion based upon the
commitments made by the petitioner in the PUD document and the fact that adequate public
facilities requirements will be addressed when development approvals are sought.
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.
Pro/Con: Evaluation not applicable.
Finding: This criterion essentially requires an evaluation of the extent to which
development standards and deviations proposed for this PUD depart from development
standards that would be required for the most similar conventional zoning district. The
development standards in this PUD are similar to the standards for the RMF zoning
districts as noted in the staffreport. The petitioner is seeking three deviations as part of the
rezoning approval, and has provided justification to supp0l1 the deviations. The staff report
provides an analysis of, and recommendation for the deviations.
PUD FINDINGS
PUDZ-A-2005-AR-8147
EXHIBIT B
Page 3 of 3
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
Agenda Item No. 80
November 14, 2006
2800 NORTH HORSESHOE DRIVE Page 27 of 141
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
APPLlCATfoNFORPUBLiC H~RfNGFOR:
~'. , : - . . '. ,..',. .' . ", . ': ,'" . . .. .., ,.,," " . '.' -, '
>"," ',' .,
..t8J....pub REZONE (PUDZ)
. .
o PUDTO .PUDREZONE (PLJDZ-A)
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
[ RE-SlffiMI'ITAL
. PUDZ-200S-AR-8147
PROJECT #2005020015
DATE: 1/17106
KAY DESELEM
]
I
APPLICANT' INFORMATION
....1
NAME OF APPLICANT (S) VORNADO DEVELOPMENT. INC.
ADDRESS 2223 TRADE CENTER WAY CITY NAPLES STATE FLORIDA ZIP 34103
TELEPHONE # ____________________ CELL # ___________________ FAX # ______________________
E -MAl L ADDRESS: ______________________________________________________--------------
NAME OF AGENT D. WAYNE ARNOLD. O. GRADY MINOR AND ASSOCIATES. P.A.
ADDRESS 3800 VIA DEL REY CITY BONITA SPRINGS STATE FLORIDA ZIP 34134
TELEPHONE # 239-947-1144 CELL # ___________________ FAX # 239-947-0375
E-MAIL ADDRESS:WARNOLD@GRADYMINOR.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Application For Public Hearing For PUD Rc:wne 6/14/04
I"
Agenda Item No. 80
November 14, 2006
Page 28 of 141
ASSOCIA nONS
q
Complete the following for all Association(s) affiliated with this petition: Provide
additional sheets if necessary. VaRNADO RPUD
PUDZ-2005-AR-8147
NAME OF HOMEOWNER ASSOCIATION:
MAILING
List of Homeowners Associations to be Notified
t>
NAME OF
The Glades Country Club
A TrN: John Casio
174 Teryl Road
Naples, Florida 34112
P_________
MAILING;
NAME OF HOMEOWNER ASSOCIATION: _______________________________________________
MAILING ADDRESS _________________________ CITY ____________ STATE _______ ZIP__________
NAME OF MASTER ASSOCIATION: ___________________________________________
MAILING ADDRESS _______________________ CITY __________ STATE ____ ZIP _______
NAME OF CIVIC ASSOCIATION: _____________________________________________
MAILING ADDRESS ________________________ CITY __________ STATE ____ ZIP ______
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
N/A
Application For Public Hearing For POO Rezone 6/14/04
RE-SUBMITfAL
PUDZ-2005-AR-8147
PROJECT #2005020015
DATE: 1/17106
KAY DESELEM
Agenda Item No. 8D
November 14, 2006
Page 29 of 141
If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
b.
Name and Address
Percentage of Ownership
Samuel Hubschman (President)
Sidney lohn Hubschman
Adam Hubschman
Connianne John Hubschman
loshua Hubschman
Rebeckah Beth Hubschman
16.66%
16.66%
16.66%
16.66%
16.66%
16.66%
2223 Trade Center Way Naples. Florida 34109
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
N/A
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
N/A
Application For Public Hearing For pun Rewee 6114/04
Agenda Item No. 80
November 14, 2006
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuillgEa30 of 141
Corporation, Trustee, or a Partnership, list the names of the contract
purchasers below, including the officers, stockholders, beneficiaries, or
partners.
Name and Address
N/A
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
N/A
---------------------------------------------------------------
---------------------------------------------------------------
---------------------------------------------------------------
g. Date subject property acquired [2J leased 0 Term of lease 12/1986 yrs./mos.
If, Petitioner has option to buy, indicate the following:
Date of option: __________________________
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.
Application For Public Hearing For PUD Rezone 6/J 4104
L
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Agenda Item No. 8D
N(\\Ip.m~e,' r 14, 2006
., ',' Pae~1 of 141
Detailed lel!al descrintion ofthe nroDertv covered bv the aODlication: (If space is inadequate, attach on
?eparate page.) If request involves change to more than one zoning district, include separate
regal 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/Township/Range 12 and 13 /50 /25
Lot:1S Block: A-- Subdivision: THE GLADES UNIT ONE
Plat Book ________ Page #: __________ Property I.D.#: 00394400002
Metes & Bounds Description: PLEASE SEE ATTACHED LEGAL DESCRIPTION. EXHIBIT A
Size of oroDertv: _____________ft. X ________ft. = Total Sq. Ft. _____________ Acres 8:t
Address/l!enerallocation of subiect Drooertv: THE SUBJECT PROPERTY IS LOCATED OFF P ALM DRIVE
IN THE GLADES SUBDIVISION. BEHIND THE TOWNE CENTER SHOPPING CENTER.
PUD District (LDC 2.03.06):
[;g] Residential
o Commercial
o Community Facilities
o Industrial
ADJACENT ZONING ANQ LAND USE
Zoning
Land use
NGC
S C-3. GC
E RMF-6
W C-3. c-s
THE GLADES COUNTRY CLUB
TOWNE CENTER SHOPPING CENTER. THE GLADES c.c.
THE GLADES COUNTRY CLUB
TOWNE CENTER SHOPPING CENTER. WALMART STORE
Does the owner of the subject property own property contiguous to the subject property?
If so, give complete legal description of entire contiguous property. (If space is
inadequate. attach on separate page). NO
Section/Township/Range ______/______/_______
Lot: _______ Block: ______ Subdivision: _________________________________
Plat Book____ Page #:_____ Property I.D.#:___________________________
Metes & Bounds Description: ________________________________________
Application For Public Hearing For PUD Rezone 6/14/04
!t
~i(jN~~QUEST. ....
Agenda Item No. 80
November 14, 2006
pP8~e 12 of 141
This application is requesting a rezone from the Gc. GOLF COURSE zoning district(s) to the RPUD.
RESIDENTIAL PLANNED UNIT DEVELOPMENT zoning district(s).
Present Use of the Property: WATER TREATMENT PLANT AND GOLF COURSE
----------------------------------------------------------------------------------------
Proposed Use (or range of uses) of the property: SINGLE FAMILY AND OR MULTI-FAMILY
RESIDENTIAL
----------------------------------------------------------------------------------------
Original PUD Name: __________________________________ Ordinance No.: __________________
I;
EVAl-UATlON CRrf~RIA
Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and
recommendation to the Planning Commission, and the Planning Commission's recommendation
to the Board of County Commissioners shall be based upon consideration of the applicable
criteria noted below. Provide a narrative statement describing the rezone request with specific
reference to the criteria noted below. Include any backup materials and documentation in
support of the request.
PUD Rezone Considerations (LDC Section 10.02.1 3.B)
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer,
water, and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as they
may relate to arrangements or provisions to be made for the continuing operation and
maintenance of such areas and facilities that are not to be provided or maintained at public
expense. Findings and recommendations of this type shall be made only after consultation
with the county attorney.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Application For Public Hearing For PUD Rezone 6!l4/04
Agenda Item No. 80
7. The ability of the subject property and of surrounding areas to accommodate exp~fu~.~~r }:~i~~~
.S. Conformity with PUD regulations, or as to desirable modifications of such regulations in
the particular case, based on determination that such modifications of justified as meeting
public purposes to a degree at least equivalent to literal application of such regulations.
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.
. To your knowledge, has a public hearing
been held on this property within the last year? Yes lZl No
If so, what was the nature of that hearing? _________________________________________________
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 supply necessarY information to continue processing or otherwise active Iv pursue
the rezoning for a period of six (6) months. An application deemed "closed" will not receive
further processing and an application "closed" through inactivity shall be deemed
withdrawn. An application deemed "closed" may be re-opened by submitting a new
application, repayment of all application fees and granting of a determination of
"sufficiency", Further review of the project will be subject to the then current code. (LDC
Section lO.03.05.Q.)
Application For Public Hearing For PUD Rc:wne 6114104
,-,C ~
Agenda Item No. 80
:14,2006
Page 4 of 141
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04
l?SI1
l?SIl
~2
l?SI
SUBMllT At SUFRCIE.Ne:vCHECKGST
, PUDREZONEorptJt~TOPUD REZ(j~E'
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLlCA TION PACKET
Completed Application
Pre-Application Meeting Notes
Legible Conceptual Site Plan 24" X 36"
Conceptual Site Plan 8 W' X 11"
PUD Document and Master Plan
24" x 36" Master Plan
Warranty Deed or Contract for Sale
Owner/Agent Affidavit, signed & notarized
Environmental Impact Statement or waiver
Check here If not reauired
o
o
o
o
o
o
o
o
C8J
[SJ
o
o
o
~
o
[SJ
l?SI
o
o
Aerial Photos with Habitat Areas Identified
Utility Provisions Statement with Sketches
Traffic Impact Statement or waiver
Historical Surveyor waiver
Architectural Rendering of Proposed Structures
Boundary Survey, no more than 6 months old (24" x36")
Copies of State and/or Federal Permits
Affordable Housing Density Bonus Agreement, if applicable
Electronic Copy of PUD Document & Plans
Copy of Letter notifying the U.S. Postal Service of project
Addressing Checklist
Required Fees
. One additional copy required if/or Affordable Housing
\ -1;1;-Cin
Date
.}
@/I, MaJr1 ../-JlLhs(t.htr?1Y1 being first duly sworn, depose and say that we/I am/are
the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the
disclosure of interest information, all sketches, data, and other supplementary matter
attached to and made a part of this application, are honest and true to the best of our
knowledge and belief. We/I understand that the information requested on this application
must be complete and accurate and that the content of this form, whether computer
generated or County printed shall not be altered. Public hearings will not be advertised until
this application is deemed complete, and all required information has been submitted.
As property owner Well further authorize O. Gradv Minor and Associates. P.A. to act as
our/my representative in any matters regarding this Petition.
----~----------------
Signature of Property Owner
---~~~-------
Signature of Property Owner
___.2i2:-mR~LJkili.2cb..ill"-'V1
Typed or Printed Name of Owner
__r:tcl:0:.f(l_lli&' ?f.h_~_Jj___
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this _L~_ day of _,SlJLl:e,___,
2005, by ~L_-tL~~t!:1/.l.tLLwho is personally known to me or has produced
____.A:~~:!-.__:11~cl.tnfJ/LaS ide ntificatio n.
State of Florida
County of Collier
-~-~--~
(Signature of Notary Public - State of
Florida)
""""," Debb;." T.t-.ll
~~y~ ~ .loW .... ....IU.
.~"...,..
(P~~t~~"~~~I;;i~~d
Name of Notary Public)
Application For Public Hearing For PUD Rezone 6/J 4/04
~UDZ-2005-AR-8147
'ROJECT 112005020015
)A TE: 8/8105
!{A Y DESELEM
aL'D~'~OOO D~;O~
O::I'::J:J("'~
PUDZ-200S-AR-8147
PROJECf#200S0200IS Agenda Item No. 80
DATE: 8/8/05 November 14. 2006
KAY DESELEM Page 36 of 141
ADDRESSING CHECKLIST
Please complete the following.m,g submit to the Addressing Section for Review. Not all ne1n1l wi!...mmb:.~
(lYclV nroi~ Item& in ~old tvue are requ~.
1. Leial description of subject property or properties (copy of /engthydescriptiQn may be attache :l)
813 TSO R2S COMM SE CNRLT 15. BLOCK A THEGLADBS UNIT] __
Pn....r ~_D J 4- ~ __
2. Folio (property ill) number(s) ofabove (attach to, or-associate with, legal description ifmor.! than Gne)
00394400002 __
3. Street address or addresses (as applicable, if already assigned)
155 PALM DRIVE
--
4. Location map, showing exaot location of Project/site in relation to nearest public road right-of. ;;;y--
S. Copy of survey (NEEDED ONI.. Y FOR UNPLATTED PROPERTIES)
6. Proposed project name (if applicable)
--
7. Proposed Street names (if 4pplicable)
--
8. Site Devolopment Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP___
9. Petition TyPe - (Complete a separate Addressing Checklist for each Petition Type)
--
--
o SOP (Site Development Plan)
B SDP A (SDP Amendment)
SDPI (SDP Insubstantial Changc)
o SIP (Site Improvement PIau)
o SIP A (SIP Amendment)
o SNR (Strc~ Name Change)
o VegetationlExotic (Veg. Removal Permits)
[8J Land Use Petition (Variance, Conditional Use,
Boat Dock Ext., Rezone, POO rezone, etc.)
o Other - Describe:
10. Project or development names proposed for, or already appearing in, condominium documents (: r---
applicable; indicate whether proposed or existing) __
o PPL (plans & Plat Review)
o PSP {Preliminary Subdivision Plai1
o FP (Final Plat)
o LLA (Lot Line Adjustment)
o BL (Blasting Permit)
~ ROW (Right-of-Way Permit)
EXP (Excavation Permit)
VRSFP (Veg. Removal & Site Fill Pennitl
11. Please Check One: [gJ Checklist is to be Faxed Back 0 Personally Picked Up
12. Applicant Name O. GRADY MINOR AND ASS~C.
Fax 239-947-0375
13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and i I subjet:t to
further review by the Addressing Section.
FOR STAFF USE ONLY __
Primary Number ~599D
Address Number
Address Number
Address Number
Phone 239. 947-11 ~
Approved by .-fJA'1#1';.,J
~a...rn Date 0 ( -I [ ....12S.-
~
, . . .
Agenda Item No. 80
November 14, 2006
ut 3557402 OR: 3732 PG: 4085 Ut Page 37 of 141
UCilIDlD II OIlICIU ne01D1 Df COLma coam, !L
DIIllIIIOI at \I :311.1 D1IGlllI. IlOCI, CIoIU
ue 111 10.00
DOC-.IO .It
~
y.... 0.._... Pnpond by:
J.... H. Si.aky, Esquire
s...al<y li'Uon , Wood
1000 North '1'......... Trail
N~l.., P"L 34102
lall:
mau I mOl
lOll I 'U11A1I n flDl
Imll rL mOl
......IID N....." 00394400002
Warranty Deed
This Indenture, Mild. thll a.9:9 day of Fe bru M,/
SUlUel Bubschman
, 2005 ".D..
Between
of Ihe eouOl)' of Collier . Sill< of
Vornado Development, Ina., a Florida aoxporation
....... .d..... So 2223 Trade Center Way, Naples, Il'L 34103
. gnntors, and
or th, CowI1y or Collier
s.... or Florida
. graatee.
WltDeaseth thol tbo GRANTORS. f....... iD __ artbo......r
------------------------TBN DOLLARS ($10)----------------------- DO~,
00lI _ pod INI _, ......- '" ClMNTORS iD ....d poold by ORAN'ICE. IlIc '-'PI _ ;s _by odolowlocIsod. he...
panttd. bqaiMd and sold to Ihc saki GRANTEE ad OR.ANTBB'S bean. SlJl;CClIIOIJ IUd _JIll torcvcr. Ihc foUowiat: described lueS. situ...
1yin&1DdDcinCinIheCDUalyor Collier Swe of Florida towtt.:
'.rhe subject: property
nor is it con t:!.guous
s"'ad of the Grantor,
Subject to easements,
subdivision and tax
(j
~. transfer const:!.
stIbjec:t property i.
is payable.
o s C:OIIlIIlOn to the
;:.. ubsequent years.
qrantee, and the
dOOWllenury stamp tax
tors do hereby fWly wamm 1bc tide to laid land, md wiD dcfCllld cbc: JIlIII\C apiDIt l.awftal daims of all pcnoIU wbomIoever.
Whereof, the ~ bave hcteuato sQ tbcir bands IIDd Je.aII lbc day ..d year ms1 above written.
aDd deliver.d in our p.....D..: ,~
Samuel Rubsc:bman
P.O.Adcltcss;
(SuI)
Wi tne.s J .J . A '"2 ,-n b-...
Print -b..6.T~' D\,)I""-'-
f1 bb'" ~
Witoe.. I
Print ~.hbif' lJoyc-l
STATE OF Ii'l.orida
COUNTY OF Coll.ia:
The foregoiDJ; l.Dr1rumcn1 was ackn.owk!dlcd bc.fatt: me this
samuel. Bub.chman
~
day of
~Y\ja.::\
~
.2005 b,
who is pcnosudly knowIllO me or who has produced hi.
uidentificatioD.
""'I'lICIapIDa~
'.'1'::-'...... ~
"Ill'
\MIn "]I I!ltqaa
23.28'58
@>
~~
*** 3557402 OR: 3732 PG: 4085
moulD it OllIcm IICOUI of COUoIII COmt, 11
02/11/2005 It 11:3111 DmIT I. BlOCt, CIIU
ucm
DOC".IO
Agenda Item No. 80
November 14,2006
Ut Page 38 of 141
Tblo _at pr<po.... by:
J.... H. Si._ky, aequ..ire
S:L..ky Pilon , Wood
1000 North ba:L&lIl:L 'rrai.l
Napl.., n. 34.102
11.11
.71
k~tl:
SIIIU i !lloOI
1100 I TIILW Tl 1201
111L1S n lIlO2
......110 N....or. 00394400002
Warranty Deed
d
This Indenture, M.d. this agg day of Fe b-u (,ri
SlIIllU.l Bubscbm&n
, 2005 AD..
Between
of' .... """"'Y ol' Col1ier , . sw. of
Varnado O.ve1opment, Inc., a !'1orida ooxporation
,enmtors,ud
wboo. adchess is: 2223 Trade Center Way, Nap1es, FL 34103
.f,.. c.-y of Co11ier
Stale: of Flori.da
, grantee.
Witnesseth 1ba1'" GRANTORS. fo, IOd ill coasiden6oo .[.......0(
------------------------Tl!:N OOLLlll'lS ($10) ----------------------- DOLlARS.
Md OCher pod IDl1 valuable COIIIilkntioa 10 GR.ANT0ItS ill b.od paid by GRANTEE. the rccc:ipl wberea( ;, hcrdry IlC.knowIcdlcd" bave
granted, bqaincd _d JOld to 1bc Aid 0ItANTEE aad GkA.NTEE"S hcin, auc:t:etSOfS ud ...ipq forever, Ibe followinc described land. sltuate.
tying fIbd beina in the CDUDty of eol.li.ar State or Florida.
orb. ..ubjeot property
nor i.. it contiguous
in Exhibit A,
.stead of the Grantor,
Subjeot: to .a.....nt: ,
subdivision and tax 8
()
orbis tran..f.r eon.ti
subject property i.
is payab1e_
dJ l~tn:
SlImiPIlOl
" lIDO 1 T.wm TI 1211
J THIS II~J'6VED IS BEING
o s cammon to the
!'-. sub..equ.nt years.
€1i, grantee, and the
documentary st:amp
tax
K 44 PG: 0995 V
om of COIIIll coum, n.
D nm I. B~CI, CLIU
RE-RECORDED TO INCLUDE EXHIBIT A. ./
oem
11.50
In Wi
un do bcrc:by fully warranI die tide to aid ltnd, and will defend \hi: nmc q.'imt lawful claims Dr all pc:noas whomsoever.
Whereof, the gramors btvC br::mmlo set their iands aDd seab lbe day aad year fUS1 above: written..
ODd delivered iD our presell..: . R
Samuel 6ubscbman
(Seal)
Wi tn.... J .1 ..A "2 ...,., '--.
Print -bArv-' D\Jfv-c,-
P.O.Addtcsa:<
~~
Wit;n..~ cl
Print bb;p !Joy
STATE OF Florida
COUNTY OF Collier
T'he rm:pinJ instnuncm was aclmowiedrcd before me this
Sam!1e1 Hubscbm.an
a~
d.yof
Fd,t'1.Io.~
~
,2005
by
who is penanally Icnow4 (0 mc or wbo has prociuocd bit
IS ilblt.ific:EoD.
..~r=.E
_1fI"""- '. .
tl6DI'I '2 I\llqillI ..
23..2@9SS ~o.-...."'O~Sy--.la:.., Z\lln (1O)m-un":
**t OR' 3744 PG' 0996 tAgenda Item No. 80
, , ANovember 14, 2006
CommenCing attbe SoutheastcomllrofLotI5,.BlockA, The Glades Unit One as recorded in Plat Page 39 of 141
Book 10, page 82 and 83, Public Records of Collier County, Florida; nm Northerly along the East
botmdary of said LotI 5 a distance of17 feet to the bolllldary oia recreatioll area as recorded in O.R.
Book 600, page 839, thence along the bowlClary of said recreation area South 76" 15' East 480.65
feet; thence continue alollg boundary of said recreation area South 67001 East 532.10 feet to the
boundary of golf course pan:c11l5 as recorded in O.R. Book 600, page 844; thence along boundary
of said Parcel liS South 240S7'04" Wes134S.02 feet; thence continue along boundary ot said Parcel
#5 South 53042'34" West 295.84 feet to a line parallel and 800 feet Northeasterly of the
Northeasterly right of way line of Tamiami Trail; thence Northeasterly 903.95 feet along a line
parallel and 800 feet Northeasterly oftbe Northeasterly right otway line oftbe Tamiami Trail to a
point of the South Boundary ofLat 16 that is 180 feet west of the Southeast comer of Lot 16, Block
A, The Glades Unit One; thence Northerly 90 feet to the point of beginning; less and excepting the
following parcel as taken by the Board of County Commissioners of Collier County:
Parcel 8: Commencing at the Southeast comer ofLat IS, Block A. The Glades Unit One as
recorded in Plat Book 10, page 82 and 83, Public Records of Collier County, Florida; nm
North 01"59'20" West along the East boundary ofsaid Lot 15 a distance,0f17 feet; thence
South 76" 15'00" East 480.65 feel; thence South 67"01'00" East S32.10 ; thence South
240S7'04" West 138.40 feet; thence nm Soutb 61"10'01" West for a distance of 148.17;
thence South 36"22' 14" West for a distance of8I.73 feet; thence continue North 53037'46"
West for a distance of 70.00 feet to the Point of Beginning of the parcel of land herein
described; thence continue North 53037'46" W cst for a distance of I 50.00 feet; thence South
36022'14" WeSt fora distance of1S0.00feet; thence run South 53037'46"East for a distance
of1S0.00 feet; thence nm North 36022'14" East fora distanceoflSO.OO feet to the Point of
Beginning.
o constIUct and maintain utility and drainage
Lot 16. Block A, The Glades Unit One
fCollier County, Florida.
Exhibit A
Q
t
nab J}oCllDIct PRplrd by:
J.... H. Si..ky r Xaquire
Si..Jty Pi-loft '- Wood
1000 North Taaiaa.i !l'>:aH
Naplal, n. 3U02
Agenda Item No. 80
3557401 OR: 3732 PG: 4081 November 14, 2006
DealDl. iIDIrlCW UCOJlII of COLlIn mum, PL Page 40 of 141
12!1I/lm It 11:1111 DlIGIIf I. 1lOCI, CLlU
COlI 10011I..1
DC lU 15.5'
IIDIUlG 5.01
DOC',7t 5600.0.
leu:
11Im . PILDI
IDDO I TWW n 1101
IAml PL mtl
P...d ID Nom_ 00394400002
Warranty Deed
Tbislndenture, Mod.this 14th day of January t 2005 A.D_. Between
Samuel Bubscbman, Connie Bubsohman, Teryl Beyrent Brzeski, Barrison
subsohman and Albert Bubachman, individually and aa heirs of the Eatate
of Siclney Bubsohman, and Connie Hubachman, .a Peraonal Representative
of the Eatate of Siclney Hubachman
of Ilhc COIIIII)' of Col1.ier ,StIle of t granton, aDd
Samuel Bubsohman, aa to a 30% intareat, and Varnado DevaJ.0iD8nt, Inc.,
a Florida corporation, as to a 70% intereat,
.........- it: 2223 Trade Centar Way, Naplea, FL 34103
of .... c-ty of Collier
Stale of lrloricla
. grantee.
the
Subject to easements
subdivision and tax.
cOIIIIIlon to the
ubsequent yeara.
PUDZ-2005-AR-8147
PROJECT 112005020015
DA TE: 818105
KAY DESELEM
and 1be gnnlors do bcreby full, WUTUd cbc titlt t,o Mid Lmd, Ibd wiU defmd the umc .~ WwfUI cU.imt or aD. paICIGI whomsoever.
~o....cllrOINpllJos.-.__. JOOJ (MS)"~S'S' '-PLWD-I
Warranty Deed -pa.o Z
P....eJ ID N..lxr: 00394400002
OR: 3732 PG: 4082
Agenda Item No. 8D
November 14. 2 06
Page 41 of 41
In Witness Wbereof,thc l'anlOII ha.... h_ oct their banda ond ...un:' ~ W-
Silned, lealed aDd delivered iD our preseace.: I _
~~ .' (Seal)
Wit:ne. a. to Connie Bub.ohmAn Connie Bul>acblllan, I:ndividU&J.ly/Bair
Print LYNN -rUc...K[~ Paraonal ll.eprea...t.ativa
. '~a/h PO.Addrcu
11~ to connwt~SahmAn
Print tI.,f,'e.. ~ ~
~~~
P:int:ed Name: Quntliian
W eaa <f<J -h
.
Teryl
and .a hair
p.o. A<Idnu:
~~ (Seal)
B~lIubaobman, I:ndi~.
and .. heir
P~ - (Seal)
Albert Hub.ohman, I:ndiviclually and
e.ir
(Seal)
and
(Seal)
. 2005 by
-:i:).d:bie. -t:'. L\ o~ d
Printed Nam.: D. hb' .j( . IJ-..~
Notary Publio
My CDlnmw10n Expins'
STATE OF Florida
COUNTY OF Collier
Tht forqoing instt\llTlmt. wm acknowkqcd before me: tbis ct.y of January ,2005 by
Bard.aon Hul>acbm&n, I:ndiviciually and a. heir of the I!:st.ate of Sidney
Bul>.ohman, and Albert Bul>aobman, Individually and aa he.i: of the Bst.ate
of Sidney Bul>achman, and Teryl Beyrent BrE.aki, I:ndividually and a.
heu of the :s.t.ate of Sidney Bub.<>~.n ,
who _,........ny _ to IDe or who haYOprudoccd II --
~
Pdn d Nam : anda OuiIJinan
Notary Pub1.ic
My Commission Expires:
.:i:
23<21 ~5
a..-<>--d~ODilloMJ'~l-. ZOO) (I6J)'m-Ssss .....f1..W1)..t
Warranty Deed - Poce 3
......ID""....., 00394400002
OR: 3732 PG: 4083
Agenda Item No.lso
November 14, 2~06
Page 42 of 141
STATE OF F~ori.cIa
COUNTY OF CoU:ier 'id:"
.... fins.Wi -- ,.., ocknowledpd bcfooe me lhiJ 611 day .r January , 2005 by
Samuel Bubschaan. J:nd:ividuaJ.ly and as he:ir of the Estate o:f
S:idney Bubsohman
'4lr'ho i. DC:rJODaDy known to me or who has produI:cd &I ideorificMion,
I) DebbIa Eo Ua,d
.' ~"Dllllll!5
: __,..: &,D5
'.. --... -..rc.. "'"
~i(, -l( U~d'
Pdnted H_: rl!.bb d!.,~~
Hotaxy Pub~ic
My Cooonisaioa Exp_
~~""o~s,.-.lae.,:loo) {J6J.nl-sSJI ,..F\.WD-I
Agenda Item No. 80
tU OR' 3732 PG' 4084 tt~ovember 14, 2006
,. Page430f141
Commencing at the Southeast comer of101 IS, Block A, The Olades Unit One as recorded in Plat
Book 10, page 82 and 83, Public Records of Collier COWlty, Florida; run Northerly along the East
bolmduy ofsaid Lot 15 a distance of17 feet to the boundary ofa recreation area as recorded in O.R.
Book 600, page 839. thence along the boundary of said recreation area South 760 15' East 480.65
feet; themce continue along bounduy of said recreation arca South 67.01 East 532.10 feet to the
bounduy ofgolfcourseparce1 #5 as recolded in O.R. Book 600. page 844; thence along boWldary
of said Parcel #5 South 24057'04" West 345.02 feet; thence continue along bounduy of said Parcel
#S South 53042'34" West 295.84 feet to a line parallel aDd 800 feet Northeasterly of the
Northeasterly right of way line of Tamiami Trail; thence Northeasterly 903.95 feet along a line
parallel and 800 feet Northeasterly of the Northeasterly right of way line of the Tamiami Trail to a
point of the South Bounduy of Lot 16 that is 180 feet west of the Southeast comer ofLot-16, Block
A, The Glades Unit One; thence Northerly 90 feet to the point of beginning; leu and excepting the
following parcel as taken by the Board of County Commissioners of Collier County:
Together with the right to in
work on the Southerly I 10 it
as recorded in Plat Book 10,
maintain utility and drainage
1 Block A, The OIades Unit One
C llier County, Florida.
Exhibit A
Folio No.11 00394400002 Map
....
Current Ownership
Property AddressM 155 PALM DR
Agend,;;iQU~1"fl ~c;>.180
NoverliWt'1g, 2b06
Page 44 of ~41
i
Details
VORNADO DEVELOPMENT INC ET .oU.
2223 TRADE CENTER WAY
NAPLES
State FL
ZI 34103 . 0000
Legal 135025 COMM SE CNR LT 15
BLK A THE GLADES UNIT 1, N 1
DEG W 17FT, S 76 DEG E
480.65FT, S 67 DEG E
'For.more than four lines of Legal Desert tlon please call the Property Appraiser's OffIce.
Section Township Range Acres Strap No.
13 50 25 7.71 502513 048.000511. 13
Sub No. 100 ACREAGE HEADER Jj; Millaoe Aree "e .MlIIi!IA
-t~ 7 RET. HOMES & MISC. RESIDENCES 78 13.4365
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 255,000.00
(+) Improved Value $ 39,393.00
(=) Market Value $ 294,393.00
(-j SOH Exempt Value $ 0.00
(= Assessed Value $ 294,393.00
(-j Homestead and other Exampt Value $ 0.00
(=) Taxable Value $ 294,393.00
SOH = .Save Our Homes" exempt value due to cap on assessment increases.
Book - Page
3732 - 4085 .
1239 -1759
Amount
$0.00
$0.00
~
The Information is Updated Weekly.
.UDZ-Z005-AR-8147
~ROJECT 1120050Zoo15
[)ATE: 8/8/05
KAY DESELEM
Folio No.1 003946406()0 Map.
Agenda Item No.LSO
Noverfl@@" ~ ltf 2v06
Page 45 of ~41
I
I
,
Details
HUBSCHMAN ET AL, SAMUEL
B855 OLD BANYAN WAY
NAPLES
Stata FL
ZI 34109 - 0000
Lagal 135025 REFERENCED PARCEL B
DESC AS: COMM AT SE CNR LOT 15
BLK A GLADES UNIT 1. N01 DEG W
17FT,S76DEG E 4BO.65FT, S61DEG
'For mor. than four IIn.s of Legal De.criptlon 01..... call th. Prop.rty Appraiser's Office.
SecUon
13
Township
50
Acres
0.52
Strap No.
502513 OBO.0005A 13
Sub No.
-11 .!J.u..l&.d.I
100
o
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Valua $ 0.00
(+ Improved Value $ 0.00
(_j Market Value $ 0.00
(-J SOH Exempt Value $ 0.00
= Aasessed Vslue $ 0.00
(_j Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 0.00
SOH - .Save Our Homes" exempt value due to cap on assessment increases.
Data
Book - Page
Amount
....
The Information Is Updated Weekly.
Agend~ Item N9. 80
Novem~ ~~fQ006
Page 46 of 141
Division of Corporations
Florida Profit
VORNADO DEVELOPMENT, INC.
PRINCIPAL ADDRESS
2223 TRADE CENTER WAY
NAPLES FL 34109 US
Changed 11/15/2004
MAILING ADDRESS
2223 TRADE CENTER WAY
NAPLES FL 34109 US
Changed 11/15/2004
Document Number
L20092
FEI Number
650153647
Date Filed
10/02/1989
State
FL
Status
ACTIVE
Effective Date
09/27/1989
Last Event
REINSTATEMENT
Event Date Filed
11/15/2004
Event Effective Date
NONE
Name & Address
SIESKY, JAMES H
1000 N TAMIAMI TRAIL #201
SUITE 201
NAPLES FL 34102
Name Changed: 05127/] 994
Address Changed: 11/1512004
Officer/Director Detail
NAPLES FL 34109
II Title I
D
D
II D I
Name & Address
HUBSCHMAN, SAMUEL
2223 TRADE CENTER WAY
NAPLES FL 34109
HUBSCHMAN, ADAM
2223 TRADE CENTER WAY
HUBSCHMAN, CONNlANNE
2223 TRADE CENTER WAY
)1
NAPLES Fl. 341 09
11
]1
AgendR Iter;v ~9. so
Noverfl~'"1!4, 2006
Page 47 of 141
Division of Corporations
~
Annual Re orts
Report Year II Filed Date
2002 II 11/1512004
2003 II 1l1lS12004
2004 II 1111512004
;r,~~t.;'~'I~)r':iit. ::!r'(~_~' <i)
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No Name History Information
Document Images
Listed below are the images available for this filing.
11115/2004 REINSTATEMENT
06/02/2000 -- ANN REPlUNlFORM BUS REP
01/06/1999 -- ANNUAL REPORT
05/09/1997 - ANNUAL REPORT
04/16/1996 1996 ANNUAL REPORT
THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT
,/
Agenda Item No. SO
November 14, 2 06
Page 48 of 41
CORPORA110N _ FlORIDA DEPARTMENT OF SlJl.TE
ReiNSTATEMENT Secretary of State
. . DIVISION OF CQRpORA11ONS
PLEASE READ ALL INSTRUCTIONS BEFORE COMPLETING THIS FORM.
APP/-i0"j:r
.ANO'- .
riLED.
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2223 Trade Center Way
same
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04 NOV J 5 PM 1: I 7
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600042754796
11/15/04--01068--025 *,~2OB.?;..qtL
DOCUMENT # L20092
1. Corl>GfOIIon N""",
Varnado Development, Inc.'
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3, MaIIlngOlllce_
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Country
USA
Zip
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4. Doto Il1corpcrolod ... Cud..,
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Naples. FL
Zip
34109
city&S_
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Homo
James H. Siesky
_'__(I'.O.1lool Numberia Nol__)
1000 North Tamiami Trail
tr.1ie ~M- Be.
~ples
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FL 34102
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Samuel Hubschman
2223 Trade Center Way
Naples, FL 34109
D
Adam Hubschman
2223 Trade Center Way
Naples, FL 34109
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Connianne Hubschman
2223 Trade Center Way
Naples, Fl34109
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IONA'TUR!. AIm ~ OR PRJrrrm IWtle Of 8GItINQ 0FFtC&f OR DIFECTOR
SIGNATURE:
,~ //-:;1-04-
.. DolO
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Agenda Item No. SD
November 14, 2 06
Page 49 of 41
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 00394400002
(Street address and City, State and Zip Code)
and legally described in Exhibit A attached hereto.
The property descnbed herein is the subject of an application for planned unit development (PUD) zoning. We
hereby designate Q. Grady Minor and Associates. P.A.. 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.
The undersigned recognize the following and will be guided accordingly in the pursuit of development of the
project:
1. The property will be developed and used in conformity with the approved master plan including all conditions
placed on the development and all commitments agreed to by the applicant in connection with the planned unit
development rezoning.
2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards,
and stipulations made at the time of approval of the master plan, even if the property is subsequently sold in
whole or in part, unless and until a new or amended covenant ofuoified control is'delivered to and recorded by
Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions,
or safeguards provided for in the planned unit development process will constitute a violation of the Land
Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into covenants and
restrictions which run with the land so as to provide notice to subsequent owners that all development activity
within the planned unit development must be consistent with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms,
safeguards, and conditions of the planned unit development, seek equitable relief as necessary to compel
compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the
planned unit development and the County may stop ongoing construction activity until the project is brought
into ~o~li~.:e with all terms, conditions and safeguards of the planned unit development.
~~ ~
Owner Owner
Mr.dY'l Uubs;rklLY7
. Printed Name
.::-S f.d'Y\ u.J 0-r J\.t:)~1
Printed Name
STATE OF FLORIDA)
COUNTY OF COLLIER)
S worn to (or affumed) and subscribed ~=e this /3it!- day of \.June,.., , 2005 by
Sarnue I +Jubs eJ,rnan ~ +lWY5(J-"lYIfI who is personally known to me or has produced
n.Jo..-
as identification.
l~q( ~
Notary Public
'm~SiV~t'''~ Debbie L Lloyd
g." . ~rmmnlaol... ilDlJD1i13S
~ ~ ~ Od:.15,.....
~" tIF fI,'#:.<> ...-u..1I<mdod. n.. ..
41Uf1,\\\" --1lclorliD;CG. 10::;
(Name typed, printed or stamped)
(Serial Number, if any)
Agenda Item No. SO
November 14, 2006
Page 50 of 141
VORNADO RPUD
EXHIBIT A
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK A, THE
GLADES UNIT ONE, PLAT BOOK 10, PAGES 82-83, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, RUN NORTHERL Y ALONG THE EAST
BOUNDARY OF SAID LOT 15 A DISTANCE OF 17.00 FEET TO THE
BOUNDARY OF A RECREATION AREA AS RECORDED IN OFFICIAL
RECORDS BOOK 600, PAGE 839; THENCE ALONG SAID BOUNDARY
S.76015'OQ"E. 480.65 FEET; THENCE CONTINUE ALONG SAID BOUNDARY
S. 67"01 'OQ"E. 532.10 FEET TO THE BOUNDARY OF GOLF COURSE
PARCEL NO.5, AS RECORDED IN OFFICIAL RECORDS BOOK 600, PAGE
844; THENCE ALONG THE BOUNDARY OF SAID PARCEL NO. 5
S.2405T04"W. 345.02 FEET; THENCE CONTINUE ALONG SAID BOUNDARY
S.53042'34"W. 297.24 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 944, PAGE 1503; THENCE NORTHWESTERLY ALONG SAID
BOUNDARY 728.40 FEET TO A CORNER OF SAID PARCEL; THENCE
CONTINUE NORTHWESTERLY 175.84 FEET TO A POINT ON THE
BOUNDARY OF LOT 16, BLOCK A, THE GLADES UNIT ONE; THENCE
NORTHERLY 90.00 FEET TO THE POINT OF BEGINNING.
LESS
THAT PARCEL 8 - DESCRIBED IN CIVIL ACTION NO. 87-1943-CA-01
RESERVATIONS OF RECORD.
LAND CONTAINS 7.99 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
Agenda Item No. SO
November 14, 2006
Page 51 of ~ 41
I
I
I
,
Q. GRADY MINOR & ASSOCIA TEST P.A.
Civil Engineers _ Land Surveyors _ Plarmers
Agenda Item No. 80
November 14, 2 06
Page 52 of 41
MARK W. MINOR, P.E.
NORMAN J. TREBILCOCK, A.l.c.P., P.E.
C. DEAN SMITH, P.E.
DA VlD W. SCHMIIT, P.E.
MICHAEL J. DELATE, P.E.
MICHAEL T. HERRERA, P.E.
WILSON A. GARCIA, P.E.
D. WAYNE ARNOLD, A.l.C.P.
ROBERT ~BOB" THlNNFS, A.l.c.P.
THOMAS J. GARRIS, P.S.M.
STEPHEN V. BURGESS. P.S.M
ALAN V. ROSEMAN
JEFFREY S. CURL, ASLA, RLA
IVY WYUE, P.E.
August 1, 2005
Ms. Kay Deselem, AICP
Collier County Planning Services
2800 North Horseshoe Drive
Naples, FL 34104
PUDZ-200S-AR-8147
PROJECf #1005010015
DATE: 8/8/05
KAY DESELEM
RE: Varnado RPUD Application Submittal
Dear Ms. Deselem:
Please :find attached the completed RPUD application and submittal fee for the project to be known
as Vomado RPUD. The project comprises 8:1: acres, and meets the standards for review as a
planned unit development as an infill parcel. Following the pre-application meeting, Mr. Kris
VanLengen confirmed via telephone that the parcel met the criteria for infill development.
The Vomado project is located on property formerly utilized as the Glades Wastewater Treatment
Plant. The RPUD proposes to rezone the golf course zoned parcel to RPUD to permit a maximum
of 3 dwelling units per acre, or 24 total dwelling units. The proposed density is consistent with the
Growth Management Plan's density rating system and is compatible with the residential,
commercial, and open space uses surrounding the property.
Please feel free to contact me if you have any questions.
Sincerely,
RECEIVED
AUG 2 - 2005
D. Wayne Arnold
Enclosure
cc: Vornado, Inc,
(239) 947-1144 _ FAX (239) 947-0375 _ E-Mail: engineering@gradyminor.com
3800 Via Del Rey _ Bonita Springs, Florida 34134-7569. EB/LB 0005151
Agenda Item No 80
November 14, 2 06
Page 53 of 41
VORNADO RPUD
EVALUATION CRITERIA
PUD Rezone Considerations flOC Section 10.02.13.8)
The Varnado Residential Planned Unit Development proposes a maximum of 24
residential dwelling units on 8:1: acres as an infill planned unit development. The
property lies immediately adjacent to the Glade Golf Course and the Collier
County Water and Sewer District effluent treatment facility. Access to the project
is from Palm Drive.
TheVomado project will include a mix of residential dwelling unit types including
conventional single-family dwellings, attached single family and townhomes.
1. The suitability of the area for the type and pattern of development
proposed in relation to physical characteristics of the land, surrounding
areas, traffic and access, drainage, sewer, water, and other utilities.
The subject property is located in the Urban Mixed District; Urban
Residential Sub-district on the Future land Use Map, which permits
residential development at a density consistent with that proposed in
the Vornado RPUD. Immediate surrounding properties Include
property developed as the Sunrise Condominiums, Glades Country
Club, and Town Centre Shopping plaza.
The site has been extensively altered from past use as a wastewater
treatment facility. Water and sewer facilities are available to serve the
proposed infill residential community. No anticipated level of
service issues will result from development of the Vornado RPUD.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to
be made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Findings and recommendations of this type shall be made only after
consultation with the county attorney.
The documents submitted with the application provide evidence of
unified control. The RPUD document Includes standard language
which addresses the continued operation and maintenance of
common areas with the RPUD.
3. Conformity of the proposed PUD with the goals, objectives and policies of
the growth management plan.
Agenda Item No. SO
November 14, 2006
Page 54 of 141
The Statement of Compliance located in the PUD document
discusses consistency with the Collier County Growth Management
Plan. Generally, the proposed residential project at a maximum
density of three (3) dwelling units per acre is consistent with the
density rating system of the Future Land Use Element of the Growth
Management Plan.
4. The intemal and extemal compatibility of proposed uses, which conditions
may include restrictions on location of improvements, restrictions on
design, and buffering and screening requirements.
The proposed residential development is compatible with the
surrounding land use pattern. The internal arrangement of the
proposed residential dwelling units, access points and project
buffers are consistent with the Land Development Code and sound
planning principles with respect to urban infill development.
5. The adequacy of usable open space areas in existence and as proposed
to serve the development.
The Manchester Square RPUD will provide open space areas which
meet or exceed the Land Development Code requirements for this
type of land use. No native vegetation exists on the subject
property; therefore, no preservation areas have been noted on the
conceptual master plan.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and private.
The proposed timing of development will be required to be
consistent with the County's concurrency management system in
effect at the time development order approvals are granted. At the
time of application, there are no known deficiencies of the
surrounding infrastructure system.
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
At the filing date of the zoning application there are no plans to
expand the boundaries of the proposed Vornado RPUD, and the
present land use pattern would prohibit expansion of the project.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such
Agenda Item No. 80
November 14, 2 06
Page 55 of 41
modifications of justified as meeting public purposes to a degree at least
equivalent to literal application of such regulations.
The proposed RPUD includes development standards and conditions
which are consistent with other similar types of inflll residential
planned developments which have been constructed in the urban
area of Collier County. Two deviations from the Land Development
Code have been requested, which If granted, will permit the Inflll
project to be completed as proposed.
STATEMENT OF UTILITY PROVISIONS
FOR PUD REZONE REQUEST
Agenda Item No SO
November 14, 2 06
Page 56 of 41
NAME OF APPLICANT (S) VORNADO DEVELOPMENT. INC.
ADDRESS 2223 TRADE CENTER WAY CITY NAPLES STATE FLORIDA ZIP 34103
TELEPHONE # _____________________ CELL # __________________ FAX # ______________________
E - MAl L ADDRES S: _________________________________________________________________________
ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 1 SS PALM DRIVE
"",C}."...'.'jj;,'
" ;~!!!.
Section/Township /Range 13 /50 /25
Lot: 15 Block: ~ Subdivision: THE GLADES UNIT ONE
Plat Book _______ Page #: ___________ Property I.D.#: 00394400002
Metes & Bounds Description: PLEASE SEE ATTACHED LEGAL DESCRIPTION. EXHIBIT A
COUNTY UTILITY SYSTEM
a. CITY UTILITY SYSTEM
b. FRANCHISED UTILITY SYSTEM
PROVI DE NAM E ___________________________
d. PACKAGE TREATMENT PLANT
(GPD capacity)____________________________
e. SEPTIC SYSTEM
lSJ
o
o
o
o
a. COUNTY UTILITY SYSTEM ~
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME _____________________________
d. PRIVATE SYSTEM (WELL) 0
Application For Public Hearing For PUD Rezone 6/14/04
PUDZ-2005-AR-8147
PROJECT #2005020015
DATE: 8/8/05
KAY DESELEM
STATEMENT OF UTILITY PROVISIONS - page 2
Agenda Item No 80
November 14, 2 06
Page 57 of 41
~;;:::ii"'l'III:oIHh' +ifAtllll;4,a''IIt,;''Hb'HIfi'r.t;.l
i;J'm-Bf~~~~Ii,!~;;imhi&~~~w:~: 24 Units
~.~i~t'n?':;lIi~.'l~fl)l.if;,'~....icW-"'l."~~iz)'I'1,~';
~MI!"~~t!tlll~~~~{' +il...~l.~.Iil_iJlf.'iJ'f,llt,
A. WATER-PEAK 11.088 GPO AVERAGE DAILY 7.392 GPO
B. SEWER-PEAK 8.640 GPD AVERAGE DAILY 5.760 GPD
IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM,
PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQuIRED__________________
.mt~.II',.l'Ii1;.;il:~ Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specifiC
statement regarding the method of affluent and sludge disposal. If percolation ponds
are to be used, then percolation data and soil involved shall be provided from tests
prepared and certified by a professional engineer. N/A. no onsite sewage treatment
proposed.
...i.7~t;.~1.6H,.;,-.,~U..i~.I,;i1fll~'i~:1Hb1;ilh~:T;H~~I::.i::~lI.'mB'f,1iU.itf,: If the proJ'ect is located within
~~H ,_, J;l\ __~_.,__._ _ J!J.1it't;." .Qi:t!1.. .,1;.1"-1::. .,'~~ ~,.Clll\4!.. -~~~~'" .' !WUtlt<'I/t ,
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.
S. ~~!jbblii.&Ji;ij::"ti),; .f'.,f;~t+^{;iiiU"'AltitI~i;ry;;c:;.:j(,~:6't[~,,~~H,i:f,\Ai.i:,~hj;~E-R ..~,iKi).y,'i~iiEji".hb~U n Ie ss waived 0 r
~.n~.it~_~.~, _,,,_ ,~.,_,I~_~..... 1!'.X'! "!'~". ,.1f',",.00 ,..:fi~)! ..,vi~~tll,~ HA~~':L. ....'~, r'~v...l!~\..., ~,~~.~ii!.
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.
Application For Public Hearing For PUD Rezone 6/14/04
Agenda Item No SO
November 14, 2 06
Page 58 of 41
VORNADO RPUD
EXHIBIT A
LEGAL DESCRI PTION
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK A, THE
GLADES UNIT ONE, PLAT BOOK 10, PAGES 82-83, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, RUN NORTHERLY ALONG THE EAST
BOUNDARY OF SAID LOT 15 A DISTANCE OF 17.00 FEET TO THE
BOUNDARY OF A RECREATION AREA AS RECORDED IN OFFICIAL
RECORDS BOOK 600, PAGE 839; THENCE ALONG SAID BOUNDARY
S.76015'OO"E. 480.65 FEET; THENCE CONTINUE ALONG SAID BOUNDARY
S. 67"01'OO"E. 532.10 FEET TO THE BOUNDARY OF GOLF COURSE
PARCEL NO.5, AS RECORDED IN OFFICIAL RECORDS BOOK 600, PAGE
844; THENCE ALONG THE BOUNDARY OF SAID PARCEL NO. 5
S.24057'04"W. 345.02 FEET; THENCE CONTINUE ALONG SAID BOUNDARY
S.53042'34"W. 297.24 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 944, PAGE 1503; THENCE NORTHWESTERLY ALONG SAID
BOUNDARY 728.40 FEET TO A CORNER OF SAID PARCEL; THENCE
CONTINUE NORTHWESTERLY 175.84 FEET TO A POINT ON THE
BOUNDARY OF LOT 16, BLOCK A, THE GLADES UNIT ONE; THENCE
NORTHERLY 90.00 FEET TO THE POINT OF BEGINNING.
LESS
THAT PARCEL 8 - DESCRIBED IN CIVIL ACTION NO. 87-1943-CA-01
RESERVATIONS OF RECORD.
LAND CONTAINS 7.99 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
Agenda Item No SO
November 14. 2 06
Page 59 of 41
VORNADO RPUD
DEVIATION JUSTIFICATION
1. Right-of-Way Width:
The developer requests a reduction in the width of a local roadway right-of-
way from sixty feet (60') as shown in Appendix B of the LDC to forty feet (40').
This deviation is warranted due to the constraints existing on and adjacent to
the site. The property has an irregular shape and is constrained by the
presence of an existing canal on-site and an existing wastewater treatment
tank immediately off-site. PermItting the reduced right-of-way width will
permit added site design flexibility, while allowing adequate right-of-way width
which to construct necessary roadway improvements.
2. Fence/wall Height:
The developer is requesting a deviation from Section 5.03.02 of the LDC
which establishes a maximum fence/wall height of six feet (6'). The
developer proposes a maximum fence/wall height of ten feet (10') for the
Varnado RPUO.
This deviation of wall height will allow for adequate wall height to assist in
buffering the off-site wastewater treatment effluent tank. Further, this wall
height will assist in protecting residences from errant golf balls given the
proximity to two golf fahways.
3. The developer requests a deviation from Appendix B of the LOC that requires
a 5' wide sidewalk to be located on both sides of a local street to permit a 5'
wide sidewalk to be located on one side of the local street.
This deviation is justified due to the minimal number of units permitted within
the Varnado RPUO. A maximum of 24 dwelling units are permitted within the
community. The project is intended to be a gated community; therefore, no
opportunity exists for cut-through traffic.
The project is an infill project having irregularproperty boundaries, limiting lot
siting flexibility, making the reduced right-of-way cross-section essential to
develop the project at the proposed density.
./'
/
.--,,/
Bf,_SUBMlTI M.
PUDZ-2005-AR-S147
PROJECT #2005020015
DATE: 1/17/06
Kt\ Y DESELEM
Agenda Item No 80
November 14, 2 06
Page 60 of 41
Excerpts from the
Traffic Impact Statement
Agenda Item No. 80
November 14, 2 06
Page 61 of 41
. RE-SUBMlTTAL
PUDZ-2005-AR-8147
PROJECT #2005020015
DATE: 1/17/06
KAY DESELEM
TRAFFIC IMPACT STATEMENT
FOR
VORNADO RPUD
Prepared for:
VORNADO, INC.
2223 Trade Center Way
Naples, Florida 34109
Prepared by:
Q. GRADY MINOR & ASSOCIATES, P.A.
ML ENGINEERS. LAND SURVEYORS. PLANNERS
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947-1144
JULY 2005
Revised January 10,2005
C(jJf~ ILI3!Ofr;
C. Dean SmIth, P .E.
FL 44147
1.T1n')~'"",
Agenda Item No SO
November 14, 2 06
Page 62 of 41
Page 1
VORNADO RPUD
INTRODUCTION
The proposed Varnado RPUD will consist of a maximum of24 residential units on an 8:1: acre parcel
located on the east side of Palm Drive approximately 0.1 miles north of U.S. 41 in Section 13,
Township 50 South, Range 25 East, Collier County, Florida. For project location please refer to Figure
1, Location Map, page 2. The project will have a single access point on Palm Drive.
SCOPE
The following aiuUyses are included in this report:
1. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic
(pSDT) including the respective peak hour volumes.
2. Trip Assignment within the Radius of Development Influence (RDl).
3. Existing Traffic Volumes within the RDI; AADT volumes, PSDT volumes, and Level
of Service (LOS).
4. Future Traffic Volumes within the RDI; AADT volumes, PSDT volumes, and Level of
Service (LOS).
5. Discussion of im acts to roadwa within the RDI.
TRIP GENERATION
The 7th Edition Trip Generation published by the Institute ofTransportation Engineers (ITE) is used for
1rip generation calculations provided in this report. Please refer to Tables 1 through 4 on page 3.
The 1rip generation for the proposed use is estimated to be 280 1rip ends for daily traffic volume and 31
trip ends during the highest peak hour (PM). Please refer to the DISCUSSION section for details
concerning the effects of these traffic volumes on the level of service forroadway links within the RDI.
F:\JOB\HUBGPUD\TlSIHUBGPUDTIS.DOC
HUBGPUD
Agenda Item No SO
November 14, 2 06
Page 63 of 41
Page 3
Tablel
TOTAL PM PEAK HOUR PROJECT TRIP GENERATION
SINGLE FAMILY
DETACHED
HOUSING
210
24DU
Ln(T) = .89 Ln(X) + 0.61
31
Table 2
ENTERlEXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR
Table 3
TOTAL PM PEAK HOUR EXTERNAL PROJECT TRIPS
-
I ~~~~~~;~SlNG I' . ... 31 .
Table 4
TOTAL PM PEAK HOUR EXTERNAL NON-PASS BY PROJECT TRIPS
-
I ~~~~~~~SING I 31' ....
Agenda Item No SD
November 14. 2 06
Page 64 of 41
Page 4
TRIP ASSIGNMENT
The projected directional distribution of traffic to and from Vornado RPUD site was detennined using
population and surrounding trip attractions.
The project directional distribution is shown on Table 5, page 5. The distribution includes only those
roadways within the Radius of Development Influence (RDI).
Table 6, on page 6, provides details regarding the significance test for impacts to road segments on the
surrounding roadway network. Since no roadway segments meet the significance test, only the nearest
arterial (U.S. 41) segments will be included in the balance of the analysis in this report
EXISTING TRAFFIC
Table 7, page 7, shows existing AADT traffic volumes, including peak hour volumes for the roadway
link accessed by the project. The values were taken from the 2004 traffic counts published in the
Collier County Annual Update Inventory Report (AUIR). The traffic count data is presented in
Appendix A., Supporting Data
Table 8, page 7, shows 2008 peak hour background traffic vollIDles without project traffic. Finally,
Table 9, page 7, shows 2008 peak hour traffic volumes including the project traffic.
DISCUSSION
The impact of project traffic volumes on the roadway network surrounding the project is not significant
The volume of proposed project traffic does not degrade the level of service of any of the roadway links
within the project RDI. The project's traffic is approximately 0.3% of the service volume for these
roadway links.
No roadway segments are significantly impacted by project traffic.
F:'JOB\HUBGPUD (Vornado RPUD)\TISIHUBGPUDTlS.DOC
HUBGPUD
~. '. ". Agenda Item No. SD
_ November 14, 2 06
. Page 65 of 41
Q. GRADY MINOR & ASSOCIATES, P.A. ~ /
Civil Engineers - Land Surveyors - Planners V
LETTER OF TRANSMITTAL
Date: July 25, 2006
Project: Varnado RPUD; PUDZ-2005-AR-8147
Location: S12 and 13, T50S, R25E, Collier County, Florida
TO: Linda Bedtelyon
Community Planning Coordinator
Community Development & Environmental Services Division Administration
2800 N. Horseshoe Drive
Naples, FL 34104
Items transmitted via:
Courier
We are sending you the following items:
1 copy - Affidavit of Publication
1 copy - NIM attendance list
2 CD's - recorded NIM
Remarks:
3800 Via Del Rey
Bonia Springs, Florida 34134
(239) 947-1144 Fax (239) 947"(}375
HUBGPUD
Lll60725T.doe
NAPLES DAll.,Y NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personall
appeared Phil Lewi~ who on oath says that they.
serve as the Editor of the Naples Daily, a daily newspaper
published at. Naples, in Collier County, Florida; distnbute
in Collier and Lee counties of Florida; that the attached cop)
of the advertising, being a .
PUBLIC NOTICE
ill the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on, July 9,2006
Aff"wrt further says tMt tho said Naplo. Daily Now. i. a new'paper
published It Naplo" in laid Collier County, Florida. and tMt tho said
nevnpapor has heretofore boon oontinuously publishod ;" said Collier
County, Florida; distributod in Collier and Leo counti.. of Florida,
eacb day and hAG been entered as second class mail ma:t1er at the post
office in Naples. in said Collier County, Florida, for a period of I
yoar noxt proceding tho tin;t publication of tho atlAchod copy of
advertiBemonl; and affiant further 'ays tlu1 he has neither paid nor
promised any porson, linn or corporation any diacount, r,bate.
commission or refund for the purpose of securing this advertisement for
PU(je :1i sai~
( Signature of affiant)
Sworn to and subscribed before me
This 17th day of July, 2006 ~
(Sign~~) . .'
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Agenda Item No. SO
November 14, 2 06
Page 66 of 41
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. A p.aroel,p.f I~nd conslstfflg of B acres: 1i>b8lea off Palm' Drtve'.ln the Glades Su'I:l.' " ','
divIsion; be.bln.d.. ..tj1..19T-qwne~.ntef ShOPPln.g ":G~. (lter.. ontl..'!::1-..4; ~a~t1n. S!!,C. tIl)ns .
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. ,Planned lInit De...elo~me!1IZ0nlng. dlstt'lqt.fO~ll~ tile lan~ topedevelop~dWlth".,
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ber 14, 2 06
age 67 of 41
. ; -- ,., - - -, - . - , ,', ; '::--, .", \. ~ .: ":-: . - ,~. ,,-,.".- ~. -.','. '::".. (;,,~'
THE MEETING WILLBEflEW 6N Tuesqay, July 1-8;20oe,:s':30: p,M,titttl~'
. ColUer CbU\1tyGoovemment Center,'3301f:;, TamiamJTra1r;'tlamiOn:Tu'mer "
-Bldg., 3rd floor SCC Chamber,'Napl~s,FJ.:, 34112," . . , ."
'; ,-', ...., . .,. .'
.VVEVALUEYOUR INPUT
" "....., ~ _'~,., . ',",' ..': ,_"__ :;':',,'_ .,:, "_ ':"'~:_>>,':""':'''___'-,'':'.~.'. I
Business. !1-nd propertyowners,residenls and visitofsarl3'weleome tii'attend.,
. the presentation and discuss; t~Ei proiecl.~ tbe .devslc;lpersQdCoUiel' C~"Unty
, staff. ..If you are unable t~ attend.'and have -questlol1s.ort:Gmmen~ r~ardJng,
the meeting, theycah be directed ;by mall.s.ma}l, phi?ne;o( bYfaK~y A'i.l~l!st
18,2006 toUnda Bedtely.on. .CommunltyPlanmng Co?tdJnator,Cornl'ilumty
Development and Envlronmen,ar ServlcesAdmintstri;ltlonr" ,~,.,., '.'
.' . 2800 N.HorsesnoeOrlve;iNaplesiFV341;04-. '.' . ,
(239) 2'13-294~ FAX: (239) 4.03-'2:395 linq,21bedtelyon@.colliergov,net .
i\
~ . NO.: ARA~:>~14'
__~_.____!o:~l! ~...
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--_~_.._-fid~ .. f1JfHkLL~.eL)M. ._q_ _..___ __quO,
Agenda Item No. SO
November 14, 2 06
Page68 of 41
- . - ~~.._. - - -- --- - - -- -. -
-.
JULY 18. 2006
Agenda Item No. SO
November 14, 2006
Page 69 of 141
PUBLIC MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 E.
TAMIAMI TRAIL, HARMON TURNER BLDG., 3rd FLOOR BCC CHAMBER, NAPLES, FL, 34112,
5:30 P.M., JULY 18,2006, BY VORNADO DEVELOPMENT, INC. REPRESENTED BY D. WAYNE
ARNOLD OF Q. GRADY M1NOR AND ASSOCIATES, P.A. AND RICHARD D. YOVANOVICH,
ESQ. OF GOODLETTE, COLEMAN, AND JOHNSON, P.A.
PLEASE PRINT YOUR NAME. ADDRESS. PHONE NUMBER. AND EMAIL ADDRESS AS A
RECORD OF YOUR ATTENDANCE FOR THE ABOVE MENTIONED MEETING. THANK YOU.
EMAlL
.~
.JULY 18.2006
Agenda Item No. SO
November 14,2 06
Page 70 of 41
PUBLIC MEETING HELD AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 E.
TAMIAMI TRAIL, HARMON TURNER BLDG., 3rd FLOOR BCC CHAMBER, NAPLES, FL, 34112,
5:30 P.M., JULY 18, 2006, BY VORNADO DEVELOPMENT, INC. REPRESENTED BYO. WAYNE
ARNOLD OF Q. GRADY MINOR AND ASSOCIATES, P.A. AND RICHARD D. YOVANOVICH,
ESQ. OF GOODLETTE, COLEMAN, AND JOHNSON, P.A.
PLEASE PRINT YOUR NAME. ADDRESS. PHONE NUMBER. AND EMAIL ADDRESS AS A
RECORD OF YOUR ATTENDANCE FOR THE ABOVE MENTIONED MEETING. THANK YOU.
EMAIL
I~
) f;' r;
Agenda Item No. SO
November 14, 2 06
Page 71 of 41
.. UNITEOSTI.lTES
~ POSTIlLSERVICE
July 14, 2005
Sharon Umpenhour
Q. Grady Minor & Associates, PA
3800 Via Del Rey
Bonita Springs, Fl. 34134-7569
Letter ofno objection,
Vomado RPUD,
The Postal Service has no objection to delivery in your development, pending the mode of delivery in
which we will establish in accordance with your approved P.U.D.
Sincerely,
~o1t> ~
Bob Skebe
Growth Management
NAPLES MAIN OFFICE
1200 GOODLETTE RO N
NAPLES. FI. 34102..-a
PUOZ.2005-AR.8147
PROJECf #2005020015
DATE: 8/8105
KAY DESELEM
PUOZ-ZOOS-AR-8147
PROJECT #2005020015
DATE: 818105
KA Y DESELEM
Agenda Item No. 80
November 14,2 06
Page 72 of 41
WAIVER APPLICATION FROM THE REQUIRED HISTORICAL AND
ARCHAEOLOGICAL SURVEY AND ASSESSMENT
DATE SUBMITTED:
PLANNER: Rav V. Bellows. Zoning Manager
PETITION NUMBER ASSOClA TED WITH THE WANER:
(To Be Completed By Zoning and Land Development Review Staff)
PROJECT NAME: VORNADO RPUD
LOCATION: (Common Description) The property comprises approximately 8:1: acres in
the unincorporated area of Collier County, located east of Palm Drive and north of U.S.
41 in the Glades Subdivision.
SUMMARY OF WAIVER REQUEST: The property owner is seeking a waiver from
the historic and archaeological survey and assessment requirement of the Land
Development Code. The proposed rezoning is to change the zoning of the 8:1: acre parcel
from Golf Course to Residential PUD.
It is our opinion that given the nature of the zoning atlas map change. and the prior use of
the property as a wastewater treatment site, the Historical/Archeological Survev and
assessment should be waived.
(Properties located within an area of Historical and Archaeological Probability but with a
low potential for historical/archaeological sites may petition the Community
Development & Environmental Services Administrator or his designee to waive the
requirement for a Historical/Archaeological Survey and Assessment. Once the waiver
application has been submitted, it shall be reviewed and acted upon within five (5)
working days. The waiver request shall adequately demonstrate that the area has low
potential for historical/archaeological sites.)
l-ilstOllC Prescrvatlon/form&--! I J:~O:'04
Agenda Item No. SO
November 14. 2 06
Page 73 of 41
Agenda Item No. 80
November 14, 2006
Page 74 of 141
SECTION ONE: APPLICANT AND PROPERTY OWNERSHIP DATA
A. Name of applicant (s) (if other than property owner, state relationship such as
option holder, contract purchaser, lessee, trustee, etc.): VORNADO
DEVELOPMENT. INC.
Mailing Address: 2223 TRADE CENTER WAY, NAPLES. FLORIDA 34109
Phone: (239) 404-7290
FAX:
B. Name of agent(s) for applicant, if any: D. WAYNE ARNOLD
Mailing Address: Q. GRADY MINOR AND ASSOCIATES. P .A.. 3800 VIA
DEL REY. BONITA SPRINGS. FLORIDA 34134
Phone: (239) 947-1144
FAX: 239-947-0375
C. Name of owner(s) of property: VORNADO DEVELOPMENT. INe.
Mailing Address: 2223 Trade Center Way, Naples. PI. 34109
Phone: (239)
404-7290
FAX:
Note: If names in answers to A and/or B are different than name in C, notarized
Jetter(s) of authorization [Tom property owner (C) must be attached.
HiSI.Olic PrcslTvation/Forms/II:':=!i}/04
2
Agenda Item No. SO
November 14, 2006
Page 75 of 141
SECTION TWO: SUBJECT PROPERTY DATA (Attach copy of the plat book page
(obtainable from Clerk's Office at the original scale) with subject property clearly
marked.)
A. Legal description of subject property. Answer only I or 2, as applicable.
1. Within platted subdivision, recorded in official Plat Books of Collier County.
Subdivision Name:
Plat Book
Page
Unit
Block
Lot Parcel 48
Section--1L Township
50 S
25E
Range
2. If not in platted subdivision, a complete legal description must be attached
which is sufficiently detailed so as to locate said property on County maps or
aerial photographs. The legal description must include the Section, Township
and Range. If the applicant includes multiple contiguous parcels, the legal
description may describe the perimeter boundary of the total area, and need
not describe each individual parcel, except where different zoning requests
are made on individual parcels. A boundary sketch is also required. Collier
County has the right to reject any legal description, which is not sufficiently
detailed so as to locate said property, and may require a certified surveyor
boundary sketch to be submitted.
B. Property dimensions:
Area:
square feet, or 8+
acres
Width along roadway:
100 ft.
Depth:
1, 000 ft
C. Present use of property: Abandoned wastewater treatment site.
D. Present zoning classification: GC. Golf Course
Hl ~(l"C PrcsCf'.!<l,tjor,./Fonns/ 11 /30/04
3
Agenda Item No. SO
November 14, 2006
Page 76 of 141
VORNADO RPUD
EXHIBIT A
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK A, THE
GLADES UNIT ONE, PLAT BOOK 10, PAGES 82-83, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, RUN NORTHERLY ALONG THE EAST
BOUNDARY OF SAID LOT 15 A DISTANCE OF 17.00 FEET TO THE.
BOUNDARY OF A RECREATION AREA AS RECORDED IN OFFICIAL
RECORDS BOOK 600, PAGE 839; THENCE ALONG SAID BOUNDARY
S.76015'00"E. 480.65 FEET; THENCE CONTINUE ALONG SAID BOUNDARY
S. 6r01 'OO"E. 532.10 FEET TO THE BOUNDARY OF GOLF COURSE
PARCEL NO.5, AS RECORDED IN OFFICIAL RECORDS BOOK 600, PAGE
844; THENCE ALONG THE BOUNDARY OF SAID PARCEL NO. 5
S.24057'04"W. 345.02 FEET; THENCE CONTINUE ALONG SAID BOUNDARY
S.53042'34"W. 297.24 FEET TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS
BOOK 944, PAGE 1503; THENCE NORTHWESTERLY ALONG SAID
BOUNDARY 728.40 FEET TO A CORNER OF SAID PARCEL; THENCE
CONTINUE NORTHWESTERLY 175.84 FEET TO A POINT ON THE
BOUNDARY OF LOT 16, BLOCK A, THE GLADES UNIT ONE; THENCE
NORTHERLY 90.00 FEET TO THE POINT OF BEGINNING.
LESS
THAT PARCEL 8 - DESCRIBED IN CIVIL ACTION NO. 87-1943-CA-01
RESERVATIONS OF RECORD.
LAND CONTAINS 7.99 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
Agenda Item No. SD
November 14, 2006
Page 77 of 141
SECTION THREE: WAIVER CRITERIA
Notc: This provision is to cover instances in which it is obvious that any archaeological
or historic resource that may have existed has been destroyed. Examples would
be evidence that a major building has been constructed on the site or that an area
has been excavated as a quarry. The Community Development & Environmental
Services Administrator may seek counsel of the chairman of the Historic and
Archaeological Preservation Board when it is not completely evident that the site
is without archaeological or historic value.
A. Waiver Request Justification.
1. Interpretation of Aerial Photograph As seen in the accompanying aerial
photograph. the site has been totally cleared and was previously used as a
wastewater treatment facility. Although now abandoned. except for one
holding tank which is still in use at the southern nost portion of the
property. the site has had significant impacts and disturbances to it from
the sludge settling ponds seen encompassing the maiority of the property
iust north of the abandoned structures. These ponds may or mav not have
been dug; however. if they were it would have been shallow digging so as
not to breach the water table. Although no maior structure was
constructed on site. with the exception of the existing holding tank. the site
was cleared and scraped in preparation for the watstewater treatment
facility.
2. Historical Land Use Description: the site has historicallv been used as a
wastewater treatment facility complete with holding tanks and sludge
settling ponds. This treatment plant served the Glades Condominiwns
until the County asswned sewer service for the condos in the mid-80's.
3. Land, cover, formation and vegetation description: The site has been
cleared of all native vegetation in support of the now abandoned settling
ponds and storage tank.
4. Other: All surrounding properties have been developed in support of
urban development consisting of high density residential development.
commercial shopping centers. and golf courses.
B. The Community Development & Environmental Services Administrator or his
designee may deny a waiver, grant the waiver, or grant the waiver with
conditions. The official decision regarding the waiver request shall be provided
to the applicant in writing. In the event of a denial of the waiver request, written
notice shall be provided stating the reasons for such denial. Any party aggrieved
Hl~tmi,-, Pl'eier'\.'ationlFortn..,\/ L 1/30/04
4
Agenda Item No. 80
November 14, 2006
Page 78 of 141
by a decision of the Community Development & Environmental Services
Administrator or his designee regarding a waiver request may appeal to the
Preservation Board. Any party aggrieved by a decision of the Preservation Board
regarding a waiver request may appeal that decision to the Board of County
Commissioners.
SECTION FOUR: CERTIFICATION
A. The applicant shall be responsible for the accuracy and completeness of this
application. Any time delays or additional expenses necessitated due to the
submittal of inaccurate or incomplete information shall be the responsibility of the
applicant.
B. All information submitted with the application becomes a part of the public record
and shall be a permanent part of the file.
C, All attachments and exhibits submitted shall be of a size that will fit or
conveniently fold to fit into a legal size (8 W' x 14") folder.
Signature of APPJiCan. ::N
~tlf)~
Printed Name of Applicant or Agent
D. WAYNE ARNOLD, AICP
-TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION-
SECTION FIVE: NOTICE OF DECISION
The Community Development & Environmental Services Administrator or designee has made the
following detennination:
1. Approved on: By:
2. Approved with Conditions on: By:
(see attached)
3. Denied on: By:
(see attached)
HlstOlic Pl'e'>crvation/Formsi Ii /30104
5
12/14/2065 11:45 9415661327
BUTLER EN31NEERING
PAGE ell
( 2~ (If.- 0 ~nda Item No. 80
November 14,2006
Page 79 of 141
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9415661327
BUTLER EN3INEERING PA~e~aa Item No. 80
November 14, 2006
/ 2.- 7- 0)"-. Page 80 of 141
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^' 12/14/21:105 11: 52
9415661327
BUTLER ENGINEERING
Ag~a~em No. 80
November 14, 2006
Page 81 of n41
BUlLE R 11IIIII.......
engineering, inc.
December 14, 200S
.ttE-SUBMITfAL
PUDZ-ZOO5-AR-8147
PROJECT #20050Z0015
DATE: 1117/06
]{A Y DESELEM
Mr. Steve l.enbcrp(
CoWer County Bn~ Services
2800 Nord! Honeshoo Drive
Naplea,. Florida 34104
SIlbjoc;t Glades SewlI&J' Trealmel1l: PIam
0eIIt' S1Im:,
We have .
IIDbJec:t sbe IlIld fiDel DO evj~ of chomicaIJ or other haardoua WUIOS.
222S TFWlC CENTER WAY NAI"l.!S, FLORIDA :M1Qt
TelEPHONE I23llI 688 . 3lISlI FAX 12391 see - 1:121 EimaII PI!IUTlER2020AOLCOM
, 12/B7/2B05 11: 35
9415661327
BUTLER EN3INEERING
A~@ffif:da~m No. 80
November 14, 2006
Page 82 of 141
Department of
Environmental Protection
South DIsa1ct
P.O. Box 2S49
Fort Myers. Florida 33902.2,;.49
CoUel!ln M. c.sdlle
Secrec2ry
August 3, 2005
J. Gary Butler, P.E.
Butler Engineering, Inc.
2223 Trade Center Way
Naples, PI.. 34109
Dear Mr. Butler,
This is in reply to your Jetter of July 29, 2005 concerning the Gllldes Scwer Plant. The
Department does not object to the demolition of this plant provided there is no need for
the plant. The debris should be disinfected before recycling or disposed of in an
approved landfill.
Sincerely,
~Q--~
' Char es Davau t .
Wastewater Section Manager
CRD/jll
HMore I'rotectJon, Less Process"
p,,",.., on roc,ded f>dIoer.
12/e7/2e05 11:35
9415&&1327
BUTLER ENGINEERING
.A!9ter.wda0~em No. 80
November 14, 2 06
Page 83 of 41
BUTLER~
engineering, inc.
July 29, 200S
To: Collier County Pl.BnniDg Services
From: Gary Butler
Subject: Glados SC!wage Treaimant PllI/Jt
The IIIIbjcc:t p1allt WlIS taken out of llCI'Vico when the col1ection $)/ItI:m WIll COJJI1ClCW Iotbc Collier Coumy plant The
associated poDds wore IClI'lIpCd Ill: lbat time. 11Ie vegetation in the ponds ~ III'Ubbod in Men:h and 1tds firm
subsequently inIpectocl the pondllllDd tho \IJlderslgned hOl'Clby oenifles lbat no lIdditiooal muak mt\ova! ill'll'luired.
;~ : ....
- --
7129/05
.... .'..,,..
..: ::---
2223 TRADE CENTER WAY ~S. FL.ORJD.4. W10ll
Tl!!LEPHONE C23II\ SlIlI- 36Il6 FAX l23ll1 5M - '321 EmIR PBl.1TLER2D28AOl.OOM
12/07/2005 11:35
9415661327
BUTLER ENGINEERING
A~aE'1\em No. SD
November 14, 2006
Page 84 of 141
BUTLER ~
engineering, inc.
July 29, 2005
Dr. Abdul Ahmadi, PE
Department of Environmental Protection
2295 Victoria Avonue, Sulle 364.
Fan Myers, Florida 33901
Subject: Glades Sewage Treatment Plant
. Dear Dr. Ahmadi,
Per our phone conversation, my client had constructed a b"eaIment plant in the early SOt The system served by the
plant - conveyed to Collier County. The subJCl:t plant was decommlasloned once the county c:onnec:ted the
existing system to their treatment plant, but was nover demolished. Tho plant was pumped down and the adjac;ent
ponch Were scraped and partially regraded at thai time. No one seems to know if your depanment was notified oftha
plant decommission. The connection to the Collier County plant was permitted Lll\der one ofCoJlier County~ sewer
expansion projects.
My client now wishes to demolish the plant. All materials and lL5$ociat.ed debris will be recycled and/or disposed of
at an approved landfill. Collier County has requested connrmation from your department confirming that the plant
can be demolished.
or your assistance.
2223 TFlAOE CENTER WAY NAPl.ES, F1.0RIDA M10g
TELEPHONE r239\ 5118 . 3636 FAX 12391 5fIS - 13:l7 Em.i1 PBUnER:l02@AOL COM
COLUER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
.WWW.COLLIERGOV.NET
(i)
Agenda Item No. 80
November 14, 2006
2800 NORTH HORSESHOE DRIVE Page 85 of p41
NAPLES, FLORIDA 34104 I
(239) 403~2400 FAX (239) 643-6968
....
..
PRE-APPUCATION MEETING NOTES
.I~J,~,~~ PWD R~zb'ne[J.~Q~t~;!?.tJQli~~~PiP:~]~.~;IIJ,~~H .,',
D t. J-"')""-r'l~ Time. 0'30 Fir .~Go~"y M,tJo"
a e. ~___J..!-'~ . ~____ m...::::}._'::r.:Iw. . !l:::>.__________
Proiect Name: ___ Cl~~~ _____
Applicant Name: _~ A().(Jolc/____ ___ Phone: q!.f}-l/Lfr..{
OWner Name:_cSOrYlll,J /-llt. bs..ffi~ Ph-one:_ _
~ -- ---
Owner Address:---________________C1tv____State___ZIP__
PUOZ-2005-AR-8147
PROJECT f#;1005020015
DA TE: 818/05
KAy DESELEM
Assigned PJanner__j{~~_-----
~~j.~tj~{.,~j,...'.",;i~;t~'ijj~ilt~~~~1
Submittal Requirements (refer to application for additional requirements)
~ . 5".:1: o.cfe.s
z.o~ GoH=- Cou(~
24 Copies of the following:
',:4 1 additional set if. located in the Bayshore/Gateway Triangle Redevelopment Area).
Completed Application "1)ot.O(\loa.d c..uf~O t qpplrcv:htm..f11m\. Col.l.rrh.j WtWsd~
Pre-application Meeting Notes
Conceptual Site Plan 24X 36" and One 8 Y2 X 11" copy
. ~ PUD document and Master Plan plus one 24" x 36" copy of the Master Plan
2 Copies of the following:
I. Deeds/Legals & Survey (if boundary of original PUD is amended) -Ii. d
'. List identifying Owner & all parties of corporation-+- e-lJUutcl J~~f- vt LJn I .e
Owner/Agent Affidavit signed & notarized ~01\1f70 -(
Completed Addressing Checklist
!. C;>pies of the forJowing:
lid' Environmental Impact Statement (EIS) or waiver - Elf Mf /?t;'lVl~/4J. S'vl'/If/'f Cq.?IS 0';:
W Historical Surveyor waiver request !5A/i/Ij(v4/4//i"w.-4-( ,4vlllf$t"IiJ',Af,f/VI- M--tl
~ Utility Provisions Statement w/sketches - - / (:;.::; 1!: .
[1S!JI-l Architectural rendering of proposed structures /)c!J I'P.~/f 1A//ojlj'/Ay..:vV J(.;:(A/'.1,1t.rl
0/11' Architectural Review required Sl3-"HtJA-I /OArRJ" i:=K.
~ Survey, signed & sealed /
~
~
~
~
Seven (7) Traffic Impact Statement (TIS) or waiver
Five (5) copies of Recent Aerial Photograph (with habitat areas defined) inin scaled 1" = 400'
One (1) Electronic copy of all documents in ~d format and plans (CDRom or Diskette)
One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe
at (239) 43S-2122.
Agenda Item No. 80
November 14, 2006
Page 86 of 41
'Fees:
,
Application Fee: 18l $1 0,000 (PUD Rezone) + $25 per acre (or fraction thereof)
o $8,000 (PUD to PUD) + $25 per acre (or fraction thereof)
0$6,000 (PUD Amendment) + $25 per acre (or fraction thereof)
L8I
~
$150.00 Fire Code Review
$2,250.00 Comprehensive Planning Consistency Review
$ 500.00 Pre-application fee (Applications submitted 9 months or more after the date of the
last pre-app meeting shall not be credited towards application fees and a new pre-application
meeting will be required.
I8l $729.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from
Naples Daily News).
$363.00 Legal Advertising Fee for BCC meeting
"
$I
Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified; $3.00
Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning &
Development Review)
Fee Total $________
I
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-rt) 7J abtt e:,Q12..I,1-.Je?- f>~PGf2:1Y fIt bDa2S \)J C11tLt-...S FYvJ fJ'
Agenda Item No. SD
pJ. November 14, 2 06
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Agend~WelnONb. 80
November 14, 2 06
Page 89 of 41
Detail'S
Owner Name HUBSCHMAN ET AL, SAMUEL
Addl'8llaea 6855 OLD BANYAN WAY
City NAPLES II
Staten FL
'I
Z1Dlr 34109 -7825
I
I
I
I
I
I
Legal 13 5025 COMM SE CNR L T 15
BLK A THE GLADES UNIT 1, N 1
DEG W 17FT, S 76 DEG E
480.65FT, S 67 DEG E
'For more than four IIn.. of Legal Oeacrlptlon pleue call the Properly Appralser'e Office.
Map No.
5A13
Strap No.
502513 048.0005A 13
Section Township Range Acre.
13 50 25 8.5
Sub No. 100 ACREAGE HEADER
..If1~ 7 RET. HOMES & MISC. RESIDENCES
78
~
2004 Final Tax Roll
Latest Sales History
$ 255,000.00
$ 39,393.00
$ 294,393.00
$ 0.00
$ 294,393.00
$ 0.00
(- Taxable Value $ 294,393.00
SOH = "Save OUf Homes" exempt value due to cap on assessment increases.
Book. Page
1239.1759
Amount I
$ 0.00
...
The Information Is Updated Weekly.
http://www.collierappraiser.com/RecordDetail.asp?F olioID=00000003 94400002
1/26/20C
Agenda Item No. 80
r 14, 2 06
90 of 41
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6595724
ADDRESSING
PAGE 131 i
Agenda Item No. 8D
November 14, 2 06
Page 93 of 41
. ADDRESSING CHECKLIST
.Please complete thc following ~ submit to the Addressing Section for Review. Not all items wi]~!Q
. eyerv oroiect. Items in bold we are required.
1. Legal description of subject property or properties (copy of lengthy description may be attache;/)
813 TSO R25 COM:M: SE CNR LT 15. BLOCK A TI:IE GLADES UNIT 1 __
Pn.....r r' ~ J 1+ '=6 __
2. FoUo (property ID) number(s) of above (attach to, or associate with, legal description ifmor,! than G ne)
00394400002 __
3. Street address or a.ddresses (as applicable. if already assigned)
155 PALM DRIVE
--
4. Location map, showing exact loca.tion ofprojectlsite in TClati011 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 separa.te Addressing Checklist for each Petition Type)
DSDP (Site Dcvelopment Plan)
DSDP A (SDP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Amendment)
o SNR (Street Name Change)
o VegetationlExotie (Veg. Removal Permits)
['gI 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 (: r--
applicable; indicate whether proposed or existing)
o
o
B
o
B
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 Pennitl
11. Please Check One: ['gI Checklist is to be Faxed Back 0 Personally Picked Up
12. ApplicantName Q. GRADY MINOR AND ASSOC.
Fu 239-947-0375
13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and i ll:lUbjet:t to
further review by the Addressing Section.
FOR STAFF USE ONLY --
Primary Number ~.59.~b
Address Numbet"
Address Number
Address Number
Phone 239. 947-11 ~
Approved by j}nA'1;..,t
(YL,ofQ,m
Date Of-If -I~
DeselemKay
Subject:
. Location:
Pre-app PUD rezone - Wayne Arnold, AgenUSharon Umpehour
cds-c
Agenda Item No. SO
f\lnIlAmhp.r 14, 2 06
Page 94 of 41
Kay DeselemfPlanner
Start:
"End:
Wed 1/26/2005 8:30 AM
Wed 1/26/2005 9:30 AM
Recurrence:
(none)
Meeting Status:
Accepted
CDS-C; DeselemKay; AblerKenneth; HillWes; PodczerwinskyJohn; seaLs; wileLr.
SawyerMichael; lenberger_s; EIUrfaliAlan: CasalanguidaNick; scott_d; muller_r. bedtelyon_l;
weeks_d; HeathGlenn
Required Attendees:
Pre-app Rezone to residential PUD - Sharon UmpenhourfWayne Arnold, 947-1144, representing Q, Grady Minor and
Associates, Folio Number 00394400002 for a rezone from "GC" to a residential "PUD" on 8.5 acres for 3 dwelling units
per acre located at 155 Palm Drive.
Agenda Item No. SO
November 14, 2 06
Page 95 of 41
August 27, 2006
Ms. Kay Deselem, AlCP
Principal Planner
Dept of Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive
Naples, Florida 34104
Re: VaRNADO RPUD .-t
PUDZ-2005-AR-8147 ~ ~ ~cJo
5>C-/~ ~
-\<>
Ms. Kay Deselem;
I have reviewed the VORADO RPUD and I believe that there may be a discrepancy
between the amount of acreage the developer claims for that parcel and the County
records.
I refer to 1.2 in the legal description in Section 1 of the RPUD. The County Tax
Appraiser's Office lists the total area as 8.5 acres. The developer subtracted 0.5165 acres
for parcel #8, as described in the Civil Action 87-1943-CA-Ol (copy attached) leaving
7.99 acres. The Civil Action suit also describes a second parcel, #7, consisting of 0.7006
acres south and west of the effluent tank.
Would this not reduce the developer's lands to 0.729 acres? If you should verify the
above, hOMnanY units would the developer be permitted on 0.729 acres?
If you have a list of interested parties that you notify of any changes to this RPUD, I
would appreciate being included.
cc: Robert Menzies, Arty.
John Cassio, Glades
Gen'l. Manager
Sin~v~
Robert R. Peer
116 Harrison Road Apt.#l
Naples, FL 34112
239 774-3509
Email: nfn15791@naples.net
RECEIVED
AUG 2 9 200G
ZONING OEPI\RTMENT
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err 00Iif0UR COUIIft. n.oRlOA. AI ft&
oov_ _ or cot.t.tD caawn
AID AI tJe-ortlClO WI GOVIIIIIIfC
IIOAM or '11II cot.t.tBlt cotnrr't tfAnR-
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ft.tlit.ionor.
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..,. t: THtS CAUSB CAME ~ 'l'RIAto AND THB JURY,. ~~ +-
~ ~ BllPLAKELBD AtlD SWORN '1'0 TRY WHAT COJIPBIISM'IOII SHALL BE KADE TO 'l'IfB
II'
~ m ltBSPOJmBI1'1'S, SAMUBL BUBBCHMAN, COIIIfIB HUBScmwr, GARRE'r'l' F. X.
_ ~ BEUBHT, HlIRRISOJI BUII8dIHAtl, TBRYL HUBSCBMAK 8BYRBN'l', AND ALBERT
c::> '-'
RlJ8SCIIMAtl, FOR TIlE PROPBR'1'Y sotJQJlT '1'0 DB APPROPRIATED, AIID HAVING
v.
HBA1tD '!HB BV:'CDBNCE AND CHARGES OF '1'HE COURT, AIID IJAVJ:IIG RETIRED TO
COJfSIDER IorS VERDICT I RE'l'tJRNBO THE FOLLOWING VSRDICT:
II
011
t
/1/2) /'71
~
~
t-t 7 ~ -#-:~
rt'NvqS
oPt/c.ckL
V
"
( 1,"2 (~C..U?c=s-) -ro
c: -rl..J"'-'-' ~:t=7
() () IU t / ::;-0 i'" 0, Ot) ()
CP,$0 g 7-;. ICZ <13 -cA -0 I
HU:7) q;)7 )rs7
OK /666 fft-t~ Q6~7
enda Item No. SO
vember 14, 2 06
Page 96 of 41
end a Item No. SO
vember 14, 2 06
Page 97 of 41
SIt _CUCUft __ _ .. ~ aotClAt. eUlGUtt. ttt NIO
lOR Cl6tUII COUlItlt. ffbId;Dl CI\"tt. ACrtCft
.. IIOAD OF COlltfI'I ClCllllU8llOItIflIJ
0' COfAolD COUIWt. ~ AI ..
OWlW'-. lIODI or oOWtaa COUIIn
AIID M a-or'IClO 'lIS 00VItIII1tfO
IlOAIID OF 'l'II8 COIoLIIIR c:omm WAft(l-
...... DlSlMC'f.
..ti~ian.r.
H1'rCIIIKG lOST, a Floricla Geftenl
.an:nenbip, et: al.
Rel.ponet_b.
c... lfO. I B.,..t9U-cIPoOJ,/
PUCIOl. NOS.,', ~ a:;; ;;
t ~ 4 ~;;
~ g ....., :..'"
J'l ~ ~ r
,,," ,,J!::I
WIl, TBB. JURY, nNO FOR '1'IlB SUlSpONDZHTS, S L ~BS~'
ooNNtB auDSCllMAN. oAlUlBT'1' F.X. 1lEYR8Il'1', IIARR1SOlf I\VJISCHHAN, '1'tRYL
HVIlSCHIfAtl' BEYR8Il'1', AND ALllBRT HI1BIICHMAll', All FOLLOWS I
I
Y.
DIIWIS
FIRS'1" THAT AN ACCURA'l'B DBSCRInION OF l'ARCBL 7 ClWJ1Eo BY
RBSl'OlIDBIlTS II '1'HE FOLLOWING I
COIlIII8IIC8 at. 1;be loutbea.t comer of LOt 15, slack A, The
Olactes Unit one as recol:'ded in Plat Book 10, Page. 82 and
83 of tbe PUblic Records of collier county, Florida'
thenoe run North 01'59'20" Waat. along the East boundary
of sai4 Lot. 15 tor a distance of 17.00 teat.' thence. run
SOllth 76'15'00" East for a d:I.I.t.ance. of 480.65 teet,
1;bence run Soutb 67'01'00" East tor a distance ot 532.10
feet. I t:benOG run South 24'57' 04" west for a diet.ance. at
138.40 faetl t:b_ run sout.h 61'10'01" west for a
.U.tanoe of 148.17 feetl thence run 1I0u1;b 36'22'14" West
for a d;Lst.ance of 81.73 feet to tbe pOINT 01' BEGINNING
ot the parcel of J.an4 berein describacl' thence continue
South 36022' 14" West for a 4illltanoe of 163. 14 feet I
thence run south 28045'13" West for a dista~ at 108.17
2
f
~
r
~.J,."'"'~-~ ,:~H', r"., _.~~...i'~,,,,,,,,,~';' ?;-..;.~~ :~t"~;'_ :~, :.., ~..: ~
'.,.,~ v..w. . dri'~ .....,.. ""- tor . dUb"" ot
Mf.J. ...., ..... ala ..... -maoi.- ~ cw ·
dlftelMMt of n.o e.." ..... nil 80lltII ., )'t.... ...t
tor . .~ of ltt.oo e..t., .... ~ Itorth '''';.1''-
.... tor . .1..... of dO.OO ~, ..... nil lIOIIth
.~.,.... 1Ia_ t. . cUotaaoe of 70.00 r.M to tt. lOtiii'
or UlItIMItlG. CoIIbiMftlJ 0.,"," ... lION 01.' 1....
leadft9tl ahotm hereon rater to tho p~t. of ttt. Gleda
Unit OM, P1_ BOOk 10, ...,.. t:l anil ., of the Public
aaoon. of colUer COIIrlt.r. Flortda.
enda Item No. 80
vember 14, 2 06
Page 98 of 41
~.,
/!.f)JfY1 .
1'"*
)/
AHD TlfA'l' AH ACCURATE DIlSCItIPfION or PARC&r. 8 OlllllD BY
ABSJIOIlDBIml 18 THE POLLOlf1JIGl
CGIIIMtftCMI at t:bO sout:tMlaat coneI.' of Lot 15, Block A, '1'be
GladeII Unit OM all 1.'0000Z'IIOd in Plat BOole 10, peqga 82 and
8:J of tlHo PUblia Reaol.'dll of C011tOZ' CoUIlt:r, Florida,
th_ run North 010159'20" weal: alanq t:bO Seat boundary
of aaid tol: 18 for a d~enoe of 11.00 f.etl tbaftoa run
SOIlt:b 111015'00" SaR for a diRIlDC. of 480.65 foetI
the_ run SOIlt:b 6"'01' 00" laat for a dlatanoe of 15'2.10
t~I tbenae run So\It:b 24"51'04" "aa1: for . diatanoo of
1:J8.40 tae1:1 tlHonae run SOllt:tl 61010'01" weR for a
diatan_ ot 148.17 feet' tbllnCl. ruJI So\It:b 36022'14" We"
tor a dls1:anae of 81.73 tes1:,Jr1:heDoe I.'WI NoJ:1:h 5,037'46"
w.at:- tor a cSiatanoa at 70.00 'ut to the l'l:!int of
b@SllnninljJ of tbe pa1"G4Jl at land herein daaorU>ed / thenoe
aon"flllUll ll..rth 5,037'46" NeR for a dbtance of 150.00
f~ t:henoe rull south 36022'14" Nert for a distanoe of
.J1i.Q..!lJl, teet I thenoe run South 53037'46" East for a
cSiRiinoe of 150.00 t.at, thence run North 36022'14" Baat
for a distanoa-of 150.00 feat to the Point of aeqinninq.
containinq 0.5165 acrea, more or le....
n
~L...
~~q;y
searinga ahown bereon refer to the plat of the Gladea
Unit One, Plat BoOIC 10, paq.a 82 and 83 of the Collier
county Records.
SECOND I
THAT TIlE COMPENSATION TO BE MADE BY TIlE PI.JUNTIl"F
FOR THB ABOVB-DESClUBBD PARCELS OF IJINI> IS AS roLLOWS:
A. VALUE 01' TIlE PROPERTY TAKEN - PARCEL 7
~ A
VALUE OF THE PROPERTY TlIXEN - PARCEL S $ ,.,J t'J ) 1.> u
3
genda Item No. SO
ovember 14, 2 06
Page 99 of 41
i,
t,
--...--
'lONf, ~l.
.
.
80 .AY .. ALL 1tml J.L OP.Y or 1IO'IIH8IR. A.D., 1991 "'II IfAtoUtS,
cor.L1.a coutrrf. ft,A)UIJt..
..
r
/J.......ij L ~J'~~
"
l'OltB1'I1lllOU
4
end a Item No. 80
vember 14, 2 06
Page 100 of 41
.,:"!,,,~.,,,,.-,,,,.,,,,.,,,-~,~,~, . .~
N'...... COMSlIlDIO. _ .. ~ ttIa~ ~l~t.
tcJ "- pnpartr ...~ Rove. .... ~ in the ..~1"0Mr
......' to the Order of ~ a.enUt. t. apprcw04. ra~ltl4Mt and
CIOJItUMd. ... it 1. t.trther
ClItDIItIlD that tho """Oller ....11 4I'I'"lt tho .. Of
"'-~IJ ~IIU".~ J... :b"I11lJui.J l ~D.nM ) end inteftft at.
the no of 12' fnll U/SI/17 vith tho Cl.rk of thia <:ourt lIiChill
t1ftoon (1S) clay. of tho eMrf of this F1I1al~. 'lbe cl.rk
of tJto court, upon deposit, abell tben pay t.o ~ aeapanCsonta'
attofttllra, em bebalf of tbe IlUpOndentlS. the total UIOIIJtt of full
~t';iem, plu. interest not lnclu/lln9 feea end C10.t., vbiClb
ue co lie set by tbe Court aUbsequently.
DOn AND ORDBRID in oblllllbel'll in Naple., COllier COunty,
noricla tbla ...J:L day of Nov_btlr, 1991.
~44Jlll}.J>
T JUDGE .
contcmucl copies to:
,/,-Q/~91 9)4
ThoIiIaa W. l'dmClhino, Esq.
Joe Pixel, BSq.
Jenn~ cuyler, Esq.
~.
4wHI..~ . _: __..
Ct\W~~/
5
A1.<.":'''flj''O~\lrlf1Cld
1"\011':" lor,::wOsOI
COLllr.~ CO.!'jT\. fLOf'1OA
J^,.~( ~ C (.1, ~...; ::".HI.rr:
Agenda Item No. 8D
November 14, 2006
Page 101 of 141
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! DEStCN!::!) BY: SJU
... 1'\ ("tH lW UIN(YR nm h.~~()r.1A'l'f5~ p
. 000 'i:fD!
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Agenda Item No. 8D
November 14, 2006
Page 103 of 141
Co1Ntr County
- -..........-.--
"'-A _
Agenda Item No. 80
November 14, 2006
Page 104 of 141
RECEIVED
SEP 1 8 1006
REQUEST FOR CONTINUANCE OR WITHDRAWAL
I CHECK ONE:
CONTINUANCE
x
WITHDRAWAL
If a continuance is requested, please indicate: leneth of time: to: October 5. 2006 OR indefinite: _
From:
Planning Commission X
Board of County Commissioners_
1. Date of Scheduled Hearing: Seotember 21. 2006
2. Applicant/Project Name: Varnado RPUD
3. Application/Petition number: AR-8147
4. Type of Application (examples: Rezoning, Conditional Use or Variance) Rezone
5. Reason for Request: to resolve outstandine issues with neiehborino oroperty.
""1.
UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525,
I DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED
IN IT ARE TRUE.
~.
September 18. 2006
DATE
D. Wayne Arnold. AICP
PRINTED NAME
warnold@oradYminor.com
e-mail address
Address: 3800 Via Del Rev
Street
239-947-1144
Phone number
Bonita Sorinos. FL 34134
City, State Zip
239-947 -0375
Fax number
F:\PROJ - PLANNING DOCS\VORNADO RPUD (HUBGPUD)\REQUEST FOR CONTINUANCE OR WlTHDRAWAL.doc
Agenda Item No. 80
November 14, 2006
Page 105 of 141
Q. GRADY MINOR & ASSOCIA TES,P .A.
Civil Engineers _ Land Surveyors - Planners
LETTER OF TRANSMITTAL
Date: October 4, 2006
Project: PUDZ-2005-AR-8147, Vomado RPUD
Location: Palm Drive, Collier County, Florida
TO: Ms. Kay Deselem, AICP
Collier County Planning Services
2800 North Horseshoe Drive
Naples, FL 34104
Items transmitted via:
Courier
We are sending you the following items:
Request for Continuance
Continuance Fee
Remarks:
cc: Sid Hubschman
."''Richard D. Yovanovich
3800 Via Del Rey
Bonita Springs, Florida 34134
(239) 947w1144 Fax (239) 947-0375
KD601004T.doc
HUBGPUD
OCO,,-
coo"<t
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Agenda Item No. 80
November 14, 2006
Page 107 of 141
eo*-r County
~ ~- -
REQUEST FOR CONTINUANCE OR WITHDRAWAL
I CHECK ONE:
CONTINUANCE
x
WITHDRAWAL
If a continuance is requested, please indicate: lenoth of time: to: October 19. 2006 OR indefinite:
From:
Planning Commission X
Board of County Commissioners
1. Date of Scheduled Hearing: October 5. 2006
2. Applicant/Project Name: Vornado RPUD
3. Application/Petition number: AR-8147
4. Type of Application (examples: Rezoning, Conditional Use or Variance) Rezone
5. Reason for Request: to resolve outstandino issues with neiohborino prooertv.
UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525,
I DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED
IN IT ARE TRUE.
(-t: October 4. 2006
RE OF APPLICANT OR AUTHORIZED AGENT DATE
D. Wavne Arnold. AICP warnold@oradvminor.com
PRINTED NAME e-mail 'address
Address: 3800 Via Del Rev 239-947-1144
Street Phone number
Bonita Sprinos, FL 34134 239-947-0375
City, State Zip Fax number
F:\PROJ - PLANNING DOCS\VORNADO RPUD (HUBGPUD)\REQUEST FOR CONTINUANCE OR WITHDRAWAL.doc
Agenda Item No. SO
November 14, 2006
Page 108 of 141
August 27,2006
Ms. Kay Deselem, AICP
Principal Planner
Dept. of Zoning & Land Development Review
Community Development & Environmental Services
2800 N. Horseshoe Drive
Naples, Florida 34104
Re: VORNADO RPUD
PUDZ-2005-AR-8147
Ms. Kay Deselem;
I have reviewed the VORADO RPUD and I believe that there may be a discrepancy
between the amount of acreage the developer claims for that parcel and the County
records.
I refer to 1.2 in the legal description in Section 1 of the RPUD. The County Tax
Appraiser's Office lists the total area as 8.5 acres. The developer subtracted 0.5165 acres
for parcel #8, as described in the Civil Action 87 -1943-CA-0 1 (copy attached) leaving
7.99 acres. The Civil Action suit also describes a second parcel, #7, consisting of 0.7006
acres south and west of the effluent tank.
Would this not reduce the developer's lands to 0.729 acres? If you should verifY the
above, hoelmany units would the developer be permitted on 0.729 acres?
If you have a list of interested parties that you notify of any changes to this RPUD, I
would appreciate being included.
cc: Robert Menzies, Atty.
John Cassio, Glades
Gen'1. Manager
Sin::;v ~
Robert R. Peer
116 Harrison Road Apt. # 1
Naples, FL 34112
239774-3509
EmaU: nfn l5 79l @naples.net
1~ " \ # . ~
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t4
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I
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~.',~~ ...:. .
t,' __ or .. .....ru.. ~ ~n.. lit NIO
coaaa __ft.. ~ ClV'St. MrtlOlt
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_ oou.t. OOtIIIIr.. ,tMUOA.. AI ..
__IMJIIO IDDV or cou.ua ~I'
.. AI ax-otnClO ... GOVItutbIG
IIOItItD or .. eot.t.sn COUII'1'Y tfM'IR-
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., e ...... ...... CAD~ 'ftIXAL .... .... .11JIlY.. ~n02"
~ e IIIPLAHZLBD PD SWORN TO TRY WHAT COIIPINSA'1'%ON SHALL BE HADI TO ;"B
tot>
"., ~ RlSJlOJ1DBNTS, SAMUEL HUBSCHMAN, CONIIXB HU8SCtIMAN, OARRE'l"l' F . X .
~ e 8BDIN'1', HARRISON Ht7BSCJIIM.H, TERtL HVBSCHHAN BEYRBtI'l', AND ALSBa'l'
JIUBSCIIIIAN, FOR THB PROPER'1'Y SOVGB'l' TO BE APPROPRIATED, AND HAVlHG
v.
IIlt'CIIUG J08'I', . Florida CleMr81
Pannenhip, _ 81.
RNpondents.
HDJU) '!HZ EVIDBlfCB AND CHARGES or 'rilE COUR'l', AND HAVING RETIRED '1'0
CON8IDER 11'8 VBRDICT, RETOItNZD 'l'HB FOLlDWING VERDICT:
"
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0.80
2006
f141
lit ... otacul't .... or WI 'IUI'IIl'l1:nt .JUDICIAL cncun. Iff MD
lOR oot.UD COUtItr. ~ ClYlt. AerlOtl
'I'U IOAID or coa"ll COIGU8S10NlM
0' cou.ua eoulfn. n.lM. AS 'NI
OOWlWlilu 80Dr OP orx.t.na COUIfft
AltO AS U-o"IClO 'fttB GOVDlflIIO
lOUD or .,. c:ot.LDR COUIft'V WMIIt-
...... DISDlC'l",
Peel_loner,
/
c... No. I "-19U-ca-oi.!
Parael. Nos. I' " e; ;.;
"": i .t1
~\. ~ ~ ~~
pr '''' 8
S HUssCHMiN,
v.
Hl'fCIIING 108'1', a rlorida General
PaC'tner8blp, ft a1.
Re8pOndents.
YnDIC'l'
WE, THE JURY, rIND FOR THE RUPOJIDZI'TS,
CO_IE HUB8CIDfAN, GARRETT F. X . 8EYREN'l' , HARRISON HUBSCHMAff, '1'ERYL
HVBSCHHAN BBYRBNT, AtlD ALBBRT HUBSCHHAN, A8 FOLLOWS I
FIRST: THAT AN ACCURA'l'B DESCRIPTION OF PARCSL 7 OWNED BY
RESPOJIDBllTS IS '1'HB FOLLOWING I
COIIIIlence at. the Southeast. corner of Lot: 15, Block A, The
Oladell Unit one a. recorded in Plat Book 10, paqes 82 and
83 of the Public Record. of Collier County, Florida,
t.henoe run North 01OS9'20" We.t. alonq the Bast boundary
of said Lot: 15 for a dist.ance of 17.00 feet 1 thenee run
South 7601~S'OO" Bast. for a distance ot 480.65 teet I
thence run Sout.h 67001'00" East. for a distance of 532.10
feat: thence run South 24'57'04" West for a distance of
138.40 teat, thence run South 61010'01" West for a
distance of 148.17 feet., thence run South 36022'14" West
for a distance of a1.73 feet to the POINT 01" BEGINNING
of the parcel of land herein described, thence continue
SOU'tb 36"22'14" We.t tor a distanoe ot 163.14 feet;
thence run South 2a045'13" West tor a distance ot 10a.17
~1
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i"."..!: '! ~ .' .' ~: ;j,';"-.,. "i':."'." ~,' ,:~:'" . .: ..: :,,' ,. . . .
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....It ,.... ........ nil ... ,. "'1.- 2- tor 0
.letaftlrMl of ..... ,.." .... "" .... It ,,'... ,...
for. .1ft4llnOe of "".00 ,..., .... nft IIwtJa ''',,'l4-
.... ro~ .. ell...... of ltO.OO f..-, "".... "n ttO\Itb
.,.". .._ .... tot' . ........... or "0.00 he' to ,... IOIIf1'
or WCltJfiIltIO. eofthl._ 0.""' ... .... or ......
&Md. AotIft honon refer to tho plo' of tho Gl.....
unl~ Oh, Pht lOOk 10, ..,.. .2 end " of 'be PUblic
MOOId. of C01U_ ,"""tV', rlorAde.
AltD 'filA'!' AN ACCURA'I'B Dl8CRsntON OF PAROBL 8 OWED BY
RIl8tOIIDIt&'I8 18 TIlE fOLLOWlNGI
ooaence at tile soutllel..t CJOrn.~ of LOt 1'S, Block A, The
Glada. tlnit 011. .. &'ooordod in Plat Book 10, P.,.. 82 anc1
83 of tbe PubHc bOord. of coUier CoUnty, Florida I
thence run North 01~"20" ...t alont the BUt boUndary
of ..14 tot 16 tor II di.taMa of 17.00 feat.1 thence run
south 76'15'00" aa.t tor II dJ.Rllnae ot 480.6& feet I
tbenae run South 61'01'00" ...t. fen: a d1.~0 of 532.10
f.et, 1:benae nn SOUth 24'51'0411 ,,~ tor . d1atanoe of
138.40 fllOt, thence run SOUth 61'10'Ollt ....t for a
di.tanoe of 148.11 feet:, thenoe &'Un South 36'22'14" w..t.
for II d.1ot.anoe of 81.73 te4tt.I<"/t.henc:re run Nortb 53037'46"
W..t. for .. eU.unae of 70.00 teat t.o tbe point of
bq1nn1nq of tha p'aroel of land bere1n d..arjJ)ed 1 thence
conl:llnm-wortb 53037'46" w..t for a dbt.an.,. of 150.00
f..t., thenoe run soutb 36022' 14" We.t for a d1st.anCle of
1.80.011 te.t., t:benoe run South 53037' 461t Baat tor a
di..t:anoe of 150.00 feet, thence run tlorth 36022'141t East
for a d1stance of 1'0.00 feat. to th. p01nt of Beqinning.
conta1ninq 0.5165 aore., more or 1....
Bearings .bown hereon ret.r to t.he plat of the Glad..
Unit One, Plat BoOk 10, pa".. 82 and 83 ot tbe Collier
county Recordtl.
SECONDS
'l'HA'r 'l'HB COMPENSATION TO BE MADE BY 'l'HE PLAINTIFF
FOR THB ABOVB-DBBCRIBED PARCELS OF LAND IS AS FOLLOWS:
A.
VALUB OF 'l'HB PROPER'!'Y TAKEN - PARCEL 7
AND
VALUE OF 'tHB PROPERTY TAlCEN - PARCEL 8 $
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tile nee of la' lna U/':J"'" vitia eM Clade of 'tal. COUft v1thln
IU... (is) __ 0' .. eMq of tbJ.a 1'1na1 .fud9Mnt. 'DIe Cleo
0' tM COUR, upon depo.1t, .ball then pay to the Respcmcleat:a#
atotoneP, on......lf of the Re8PQndenU, the total -~ f)f fUn
~lon, plu. lMUe.t not lncludlnq f... aad ClO.to, Wblcb
an W 1>>0 Nt. by the c:oun .ablleqUentlY.
DOltS AND OItDDBD in c11lt11ber. in Napl.., colUer COUnty,
f10dda t:tal. ....4:L day of NOV8Ilbe1:', 19'1.
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confome4 copieo ten
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a.nnath cuyler, Esq.
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f141
Agenda Item No. 80
November 14, 2006
Page 114 of 141
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VORNADO
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
VORNADO DEVELOPMENT, INC.
2223 Trade Center Way
Naples, Florida 34103-0000
PREPARED BY:
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs, FI 34134
(239) 947-1144
(239) 947-0375 Fax
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
Agenda Item No. 80
November 14, 2006
Page 115 of 141
EXHIBIT "A"
Agenda Item No. 80
November 14, 2006
Page 116 of 141
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE ii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL 3-1
SECTION IV GOLF COURSE / OPEN SPACE 4-1
SECTION V GENERAL DEVELOPMENT COMMITMENTS 5-1
Agenda.BCCAG ENDA .2798]
11
Agenda Item No. SD
November 14, 2006
Page 117 of 141
LfST OF EXHfBITS
EXHIBIT A
VORNADO RPUD CONCEPTUAL MASTER PLAN AND WATER
MANAGEMENT PLAN
EXHIBIT B
LOCATION MAP
TABLE I
DEVELOPMENT STANDARDS
VaRNADO RPUD (Rev 10-25-06 CCPC)Clean.doc III
Agenda Item No. 80
November 14, 2006
Page1180f141
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the Developer, to create an infill Residential
Planned Unit Development (RPUD) of 24 units on 8:t acres of land located in Section 12 and 13
Township 50 South, Range 25 East, Collier County, Florida. The name of this Planned Unit
Development shall be Vornado RPUD. The development of the Vornado RPUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the Growth
Management Plan. The Development will be consistent with the growth policies and land
development regulations adopted pursuant to the Growth Management Plan (GMP), Future Land
Use Element (FLUE) and other applicable regulations for the following reasons:
1. The entire 8:t acres of the subject property is within the Urban Mixed Use District, Urban
Residential Subdistrict, as identified on the Future Land Use Map of the FLUE. The
purpose of the Urban Mixed Use District is to provide for a variety of residential and mixed-
use developments such as Planned Unit Developments.
2. The proposed residential density of the Vornado RPUD is 3 dwelling units per acre and is
consistent with the maximum density permitted by the FLUE Density Rating System and is
therefore consistent with FLUE Policy 5.1. A maximum of 24 residential dwelling units are
permitted within the RPUD
3. The Vornado RPUD is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
5. The development of the Vornado RPUD will result in an efficient and economical extension
of community facilities and services as required in Policy 3.1. of the FLUE.
6. The Vornado RPUD is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by Objective 1.5
of the Drainage Sub-Element of the Public Facilities Element.
7. All final local development orders for this Project are subject to the Collier County Adequate
Public Facilities Requirements of the LDC.
8. The Vornado RPUD is an infill community, which has defined access points and existing
development surrounding the project. Due to the presence of existing development and a
canal which prohibits a direct interconnection to adjacent commercial development, no
interconnection has been provided. Consistent with Policies 7.3 and 7.4 of the FLUE, the
Vornado RPUD will provide an intemal sidewalk with connection to Palm Drive, which will
link the community with surrounding residential and commercial development.
VaRNADO RPUD (Rev ]0-25-06 CCPC)Clean.doc IV
Agenda Item No. 8D
November 14, 2006
Page119of141
SHORT TITLE
This ordinance shall be known and cited as the "VORNADO RESIDENTIAL PLANNED
UNIT DEVELOPMENT ORDINANCE".
VaRNADO RPUD (Rev 10-25-06 CCPC)Clean.doc V
Agenda Item No. 80
November 14, 2006
Page 120 of 141
SECTION'
LEGAL DESCRIPTION, PROPERTY OWNERSHfP, AND GENERAL DESCRfPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the
Vornado RPUD, and to describe the existing condition of the property proposed to
be developed.
1.2 LEGAL DESCRIPTfON
BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK A, THE
GLADES UNIT ONE, PLAT BOOK 10, PAGES 82-83, PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, RUN NORTHERLY ALONG THE EAST
BOUNDARY OF SAID LOT 15 A DISTANCE OF 17.00 FEET TO THE
BOUNDARY OF A RECREATION AREA AS RECORDED IN OFFICIAL
RECORDS BOOK 600, PAGE 839; THENCE ALONG SAID BOUNDARY
S.76015'OO"E. 480.65 FEET; THENCE CONTINUE ALONG SAID BOUNDARY S.
6r01 'OO"E. 532.10 FEET TO THE BOUNDARY OF GOLF COURSE PARCEL
NO.5, AS RECORDED IN OFFICIAL RECORDS BOOK 600, PAGE 844;
THENCE ALONG THE BOUNDARY OF SAID PARCEL NO. 5 S.24057'04"W.
345.02 FEET; THENCE CONTINUE ALONG SAID BOUNDARY S.53042'34"W.
297.24 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF A
PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 944, PAGE
1503; THENCE NORTHWESTERLY ALONG SAID BOUNDARY 728.40 FEET TO
A CORNER OF SAID PARCEL; THENCE CONTINUE NORTHWESTERLY 175.84
FEET TO A POINT ON THE BOUNDARY OF LOT 16, BLOCK A, THE GLADES
UNIT ONE; THENCE NORTHERLY 90.00 FEET TO THE POINT OF BEGINNING.
LESS
THAT PARCEL 8 - DESCRIBED IN CIVIL ACTION NO. 87-1943-CA-01
RESERVATIONS OF RECORD.
LAND CONTAINS 7.99 ACRES, MORE OR LESS, AND IS SUBJECT TO
EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
1.3 PROPERTY OWNERSHfP
Varnado Development, Inc.
2223 Trade Center Way
Naples, Florida 34103
1.4 GENERAL DESCRIPTfON OF PROPERTY
Agenda.BCCAG ENDA.27981
1-1
Agenda Item No. 80
November 14, 2006
Page 121 of 141
A. The project site is located in Sections 12 and 13, Township 50 South, Range
25 East, Collier County, Florida. The site is generally bordered on the north
and east by the Glades Country Club and Sunrise Condominium; on the
south by the Towne Center Shopping Center and the Glades Country Club
on the west by Palm Drive.
B. The zoning classification of the subject property at the time of RPUD
application is GC, Golf Course. The site was formerly a wastewater
treatment site and has been reclaimed.
C. Elevations within the site are approximately 8 feet above MSL. Per FEMA
Firm Map Community No. 120067, Panel No. 394 D and 582 F, dated
February 16, 1995, the Vornado RPUD property is located within Zone
"AE7" of the FEMA flood insurance rate map.
D. The site has been altered through past use as a wastewater treatment site
and has only a few trees on the property. No native habitat occurs on-site.
E. The soil types on the site generally include Urdorthents, shaped. This
information was derived from the Soil Survey of Collier County, Florida,
1998.
F. The property is located in the Airport Road South Canal Basin of the Collier
County Drainage Atlas.
1.5 DENSITY
A. Acreage of the Vornado RPUD is approximately 8::!:: acres and the number of
dwelling units authorized to be built pursuant to this RPUD is a maximum of
24. The gross project density, therefore, will be a maximum of 3 units per
acre.
B. At all times all property included within the Vornado RPUD as described in
Section 1.2 shall be included in determining project density.
Agenda.BCCAGENDA.27981
1-2
Agenda Item No. SO
November 14, 2006
Page 122 of 141
SECTION fI
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Vornado RPUD, and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRfPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Vornado RPUD will be developed as a residential community which
may feature a mix of residential dwelling types.
B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land
Use Summary indicating approximate land use acreage is shown on the
Plan. The Master Plan is conceptual, and the location, size, and
configuration of individual tracts and water management facilities shall be
determined at the time of final site development plan and/or preliminary
subdivision plat approval with minor adjustments at the time of final plat
approval, in accordance with the LDC.
C. Access to the property shall be from Palm Drive, via a 110 foot wide deeded
access easement provided by Sunrise I Condominium.
2.3 COMPLIANCE WfTH COUNTY ORDINANCES
A. Regulations for development of the Vornado RPUD shall be in accordance
with the contents of this RPUD Ordinance and applicable sections of the
LDC, and the GMP in effect at the time of issuance of any development
order to which said regulations relate. Where this RPUD Ordinance does not
provide developmental standards, then the provisions of the specific
sections of the LDC that are otherwise applicable shall apply. Where
specific standards are specified in this RPUD, these standards shall prevail
over those in the LDC.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the
LDC in effect at the time of development order application.
C. Development permitted by the approval of this RPUD will be subject to the
Adequate Public Facilities Requirements of the LDC.
Agenda.BCC AGENDA.27981
2-1
Agenda Item No. 8D
November 14, 2006
Page 123 of 141
O. Unless modified, waived or excepted by this RPUO or by subsequent
request, the provisions of other sections of the LOC remain in effect with
respect to the development of the land which comprises this RPUO.
E. All conditions imposed herein or as represented on the Vornado Conceptual
Master Plan are part of the regulations which govern the manner in which
the land may be developed.
F. The subdivision requirements of the LOC shall apply to the Vornado RPUO,
except where an exemption or substitution is set forth herein or otherwise
granted pursuant to the LOC.
G. The SOP Section of the LOC shall apply to the Vornado RPUO, except
where an exemption is set forth herein or otherwise granted pursuant to the
LOC.
H. Recognizing that the plans for development of tracts have not been
designated with a specific dwelling unit type, the type of dwelling unit which
characterizes the initial development of any platted tract shall be carried out
throughout the development of that entire tract.
2.4 ROADWAYS
A. Standards for roads shall be in compliance with the applicable provisions of
the LOC regulating subdivisions, unless otherwise modified, waived or
excepted by this RPUO, or approved during subdivision plat approval. The
developer reserves the right to request substitutions to design standards in
accordance with the LOC. The developer retains the right to establish gates,
guardhouses, and other access controls as may be deemed appropriate by
the developer on all privately owned and maintained project roadways and
roadways built and/or maintained by the Vornado RPUO.
2.5 DEVIATIONS FROM LDC
A. Roadways within the Vornado RPUO shall be designed and constructed in
accordance with the Construction Standards Manual and the LOC with the
following substitutions:
Streets and access improvements
1. Street right-of-way width
Street right-of-way width: From Section 6.06.01 and Appendix B of
the LOC to permit a minimum 40 foot right-of-way width to be utilized
for local streets.
Agenda.BCC AG ENDA.27981
2-2
Agenda Item No. 8D
November 14, 2006
Page 124 of 141
B. The developer is requesting a deviation from Section 5.03.02 of the LDC
which establishes a maximum fence/wall height of six feet (6'). The
developer proposes a maximum fence/wall height of eight feet (8') and ten
feet (10') for the Vornado RPUD. The location of the deviation and
corresponding fence height is shown on the Master Plan.
C. The developer requests a deviation from Appendix B and Section 6.06.02 of
the LDC that requires a 5 foot wide sidewalk to be located on both sides of a
local street to permit a 5 foot wide sidewalk to be located on one side of the
street.
2.6 USE OF RfGHTS-OF-WA Y
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage shall be allowed subject to review and administrative
approval by the developer and the Collier County Development Services Director
for engineering and safety considerations during the development review process
and prior to any installations.
2.7 COMMON AREA MAfNTENANCE
Common area maintenance shall be provided by the developer, or by a property
owners' association. For those areas not maintained by the developer, the
developer shall create a property owners' association or associations, whose
functions shall include provisions for the perpetual maintenance of common
facilities and open spaces. The developer, or the property owners' association, as
applicable, shall be responsible for the operation, maintenance, and management
of the surface water and stormwater management systems and preserves serving
the Vornado RPUD, in accordance with the provisions of the LDC together with any
applicable permits from the South Florida Water Management District.
2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as an
accessory use throughout the Vornado RPUD. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4:1
2. Ground covered berms
Perimeter 3:1
Internal to project 3:1
3. Rip-Rap berms 2:1 with geotextile mat
4. Structural walled berms - vertical
Agcnda.BCCAGENDA.27981 2-3
Agenda Item No. 80
November 14, 2006
Page 1250f141
B. Fence or wall maximum height: Ten feet (10'), as measured from the
finished floor elevation of the nearest habitable structure within the
development. If the fence or wall is constructed on a landscaped berm, the
wall shall not exceed eight feet (8') in height from the top of berm elevation
for berm elevations with an average side slope of 4:1 or less, and shall not
exceed six feet (6') in height from the top of berm elevation for berms with an
average side slope of greater than 4:1 (i.e. 3:1). Subject to deviation Number
2 in Section 2.5 of this RPUD Document.
C. Landscape buffers, berms, fences and walls may be constructed along the
perimeter of the Vornado RPUD boundary prior to preliminary subdivision
plat and site development plan approval, when the landscape and irrigation
plans are submitted and approved prior to construction.
D. A minimum LDC Type B landscape buffer shall be provided on the
residential side of the 10 foot high wall adjacent to the Collier County effluent
tank.
2.9 DESIGN GUIDELINES AND STANDARDS
A. The Vornado RPUD is a planned community and will be developed under
unified control. The developer will establish design guidelines and standards
consistent with the LDC to ensure a high and consistent level of quality
residential units and related community features and facilities, which include
features and facilities such as landscaping, hardscapes, waterscapes,
signage, lighting, pedestrian systems, bicycle paths, pavement treatments,
roadway medians, fences, walls, buffers, berms and other similar facilities.
Agenda.Bee AGENDA.27981
2-4
Agenda Item No. 80
November 14, 2006
Page 126 of 141
2.10 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Vornado
RPUD. General permitted uses are those uses which generally serve the
developer and residents of the Vornado RPUD and are typically part of the
common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under Section 2.01.03.A of the LDC..
2. Caretaker/manager residence which may be a permanent site-built
structure
3. Water management facilities and related structures.
4. Temporary sewage treatment facilities.
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, boat docks and other
recreational facilities.
7. Temporary construction, sales, and administrative offices for the
developer and developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
8. Landscape features including, but not limited to, landscape buffers,
berms, fences and walls, subject to the standards set forth in Section
2.9 of this RPUD.
B. Development Standards:
Unless otherwise set forth in this Document, the following development
standards shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - twelve
feet (12') except for guard houses, gatehouses, fences/walls, and
access control structures which shall have no required setback.
2. Setback from RPUD boundary: Fifteen feet (15').
3. Minimum distance between unrelated structures - Ten feet (10').
4. Maximum height of structures - Thirty-five feet (35').
Agenda.BCCAGENDA.2798I 2-5
Agenda Item No. 80
November 14, 2006
Page 127 of 141
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
7. Standards for parking, landscaping, signs and other land uses where
such standards are not specified herein shall be in accordance with
the LDC in effect at the time of SDP approval.
2.11 OPEN SPACE REQUIREMENTS
A minimum of 60 percent of the overall gross project area shall be devoted to
usable open space.
2.12 SIDEWALKS/BIKEPATHS, BIKE LANES
A. Pursuant to the LDC, sidewalks/bike paths shall be permitted as follows:
1 . An internal pedestrian walkway system is permitted within drainage
easements. Where such a pedestrian system is provided, no
sidewalk shall be required adjacent to the right-of-way serving the
adjacent residential tract.
2. Sidewalks may be located outside platted rights-of-way when
located within a separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or
easements; however, the landscape buffer shall be increased in
width by an amount equal to the encroachment, at the point of
encroachment.
Agenda.BCCAGENDA.27981 2-6
Agenda Item No. 80
November 14, 2006
Page 128 of 141
SECTION III
RESIDENTIAL
"R"
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for areas within the Vornado RPUD designated on the Master Plan as
uR", Residential.
3.2 MAXIMUM DWELLING UNITS
A maximum of 24 dwelling units may be constructed on lands designated uR",
Residential on the RPUD Master Plan.
3.3 GENERAL DESCRIPTION
Areas designated as uR," on the Master Plan are designed to accommodate a mix
of residential dwelling types and general permitted uses as described by Section
2.11, recreational facilities, essential services, and customary accessory uses.
The approximate acreage of the area designated for residential development is
indicated on the RPUD Master Plan. This acreage is based on conceptual designs
and is approximate. Actual acreage of all development tracts will be provided at the
time of SDP or preliminary subdivision plat approvals. Residential tracts are
designed to accommodate internal roadways, open spaces, and other similar uses
found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses - uR" Areas:
1. Single family attached and detached dwellings, townhomes.
2. Two-family dwellings.
B. Accessory Uses and Structures:
1 . Accessory uses and structures customarily associated with the
principal uses permitted in this District, including but not limited to
Agenda.BCCAGENDA.27981 3-1
Agenda Item No. 80
November 14, 2006
Page 129of141
swimming pools, spas and screen enclosures, recreational facilities
designed to serve the development.
2. Recreational facilities such as parks, playgrounds, golf course and
pedestrian/bikeways.
3.5 DEVELOPMENT STANDARDS
A. Table 1 sets forth the development standards for the land uses within the
Vornado RPUD Residential Development Area.
B. Site development standards for single family, zero lot line, two-family,
duplex, single-family attached and town home uses apply to individual
residential lot boundaries.
Agenda.BCCAG ENDA.2798 I
3-2
Agenda Item No. 80
November 14, 2006
Page 130 of 141
TABLE I
VORNADO
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
PERMITTED USES AND Single Family Two Single Family Attached and
STANDARDS Detached Family Townhome
Minimum Lot Area 4,000 SF 3,500*2 1,400 SF
Minimum Lot Width *3 40' 35' 16'
Minimum Lot Depth 100' 100' 88'
Front Yard *6 20' 20' 20'
Side Yard *1 6 o or6' o or 6 *4
Rear Yard *1 15' 15' 15'
Rear Yard Accessory *1 10' 10' 10'
Maximum Building Height 35' 35' 35'
Accessory Structure Heiqht 35' 35' 35'
Distance Between
Detached Principal
Structures *5 12' 12' 12'
Distance Between
Unattached Accessory and
Principal Structures 10' 10' 10'
Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF
All distances are in feet unless otherwise noted.
*1 - Principal and accessory structures on waterfront lots shall be pennilted to be constructed up to, but not encroaching into a drainage
easement.
*2 - Each half of a two family unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet.
*3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
*4 - Zero foot (0') minimum side setback on one side of building as long as a minimum 12-foot separation between principal structures is
maintained.
*5 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided.
Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet.
*6 - Building garages must be set back a minimum of 23 feet from edge of any provided sidewalk. Minimum 20 foot front yard may
be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage.
*7 - No encroachments shall occur within the required landscape buffers.
Agenda.BCC AGEl\DA.27981
3-3
Agenda Item No. 80
November 14, 2006
Page 131 of 141
SECTION IV
GOLF COURSE I OPEN SPACE
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development
standards for the areas within the Vornado RPUD designated on the Conceptual
Master Plan as golf course / open space.
4.2 GENERAL DESCRIPTION
Areas identified as golf course / open space on the Conceptual Master Plan are
designed to provide usable open space, recreation, water management, and
other open space and recreational uses.
4.3 PERMITTED USES AND STRUCTURES.
A. Permitted Principal Uses and Structures
1. Lakes, water management facilities, preserves and water control
structures.
2. Boardwalks, benches, nature trails, bridges, cart paths, golf course,
and related facilities.
3. Any other recreation or open space use consistent with recreational
or open space uses permitted by right in the "CON" Conservation
District of the LDC in effect as of the date of adoption of this RPUD
Ordinance.
4A DEVELOPMENT STANDARDS
A. Maximum Height: Twenty-five (25) feet.
B. Setbacks: Zero (0) feet.
Agenda.BCe AG ENDA.27981
4-1
Agenda Item No. 80
Novernber14.2006
Page 132 of 141
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments
for the Vornado RPUD.
5.2 RPUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with the final site
development plans, final subdivision plans and all applicable State and
local laws, codes and regulations except where specifically noted.
B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the
conceptual development plan. Tracts and boundaries shown on the plan
are conceptual and shall not be considered final. Actual tract boundaries
shall be determined at the time of preliminary/final subdivision plat or
SDP approval.
C. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all utilities.
5.3 ENGINEERING
Except as noted herein, all project development shall occur consistent with the
LDC.
5.4 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and
sanitary sewer facilities constructed within platted rights-of-way or within
dedicated County utility easements shall be conveyed to Collier County
pursuant to the LDC, as amended, except as may be provided in this
RPUD Document and in accordance with other applicable County
ordinances.
B. Upon completion of the utility facilities, they shall be tested to ensure they
meet Collier County's utility construction requirements in effect at the time
construction plans are approved.
C. Prior to the issuance of the first residential certificate of occupancy (CO),
the developer shall install a minimum 6 foot high wall adjacent to the
internal roadway which provides access to the wastewater treatment
Agenda.BCCAG ENDA.2798]
5-1
Agenda Item No. 80
November 14, 2006
Page 133 of 141
facility. Prior to the issuance of the first residential CO, the developer shall
construct a 10 foot high wall along the easement and/or property line
nearest the above ground wastewater storage tank. The general locations
of these walls shall be noted on the conceptual Master Plan.
No wall shall be permitted to encroach into any utility easement, and the
wall(s) shall be set back from the easement or property line a sufficient
distance so that structural wall supports shall also be outside of the utility
easement. No landscaping or irrigation shall be required to be provided
on the non-residential side of the wall(s). The developer shall be
responsible for the structural maintenance of the wall, and the developer
shall grant a maintenance easement, when requested by the County, to
the County for general maintenance of the wall(s).
D. The developer and Collier County shall cooperate to maintain or relocate
any utility easements or utility facilities, as necessary, within the subject
property.
5.5 WATER MANAGEMENT
A. In accordance with the Rules of the South Florida Water Management
District, this project shall be designed for a storm event of a 3-day duration
and 25-year return frequency.
B. The Vornado RPUD conceptual surface water management system is
shown on the RPUD Conceptual Master Plan and Water Management
Plan, Exhibit A.
5.6 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring and maintenance plan for the
site shall be submitted to Environmental Services Department Staff for
review and approval prior to final SOP/construction plan approval. A
schedule for exotic vegetation removal shall be submitted with the above-
mentioned plan.
B. All approved Agency (SFWMD, ACOE, FFWCC) permits, if applicable
shall be submitted prior to final SOP/construction plan approval.
C. The developer shall provide a Phase I environmental audit prior to final
SOP approval.
Agenda.BCC AGEKD A.27981
5-2
Agenda Item No. 80
November 14, 2006
Page 134of141
5.7 TRANSPORTATION
The development of this RPUD Master Plan shall be subject to and governed by
the following conditions:
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
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. Access
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 approved.
D. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first CO.
E. Road impact fees shall be paid in accordance with Collier County
transportation provisions of the Consolidated Impact Fee Ordinance, as it
may be amended.
F. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
G. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution 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,
Agenda.BCe AGENDA.27981
5-3
Agenda Item No. 80
November 14, 2006
Page 135of141
safety and welfare of the public. Any such modifications shall be based on,
but are not limited to, safety, operational circulation, and roadway
capacity.
H. Nothing in any development order shall vest a right of access in excess of
a right in/right out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress or a median opening, nor
the lack thereof, be the basis for any future cause of action for damages
against the County by the developer, its successor in title, or assignee.
I. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Collier Country shall
have no responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of any existing
County rights-of-way or easements, compensating right-of-way shall be
provided without cost to Collier County as a consequence of such
improvement.
K. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the cost of such
improvement shall be borne by the developer and shall be paid to Collier
County before the issuance of the first CO.
L. This RPUD shall be subject to the County's Transportation Concurrency
Exception Area concurrency requirements in effect at development order.
M. The developer shall provide payment in lieu of the installation of sidewalks
on one side of the road as exempted in Section 2.5.C of the PUD
document in accordance with 6.06.02 of the Land Development Code.
The amount shall be determined by utilizing FDOT's 2004 Transportation
Costs as amended. Payment for the deleted sidewalk shall be required at
time of Site Development Plan or Plats and Plans application.
5.8 AFFORDABLE HOUSING
A. The developer, or its successors and assigns, shall make a financial
contribution to the County Affordable Housing Trust Fund in the amount of
$1,000.00 per dwelling unit constructed within the RPUD. This contribution shall
be paid at the issuance of each building permit. This payment shall be credited
against the project's obligations to pay any other affordable housing fees that
may be adopted by County.
Agenda.BCCAGENDA.2798\
5-4
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10-18-'06 16:50 FROM-Johnson & Associates 12395910787
T-01~g~1l~~ ~Q6aa
'"November 14. 2D06
Page 137of141
HENRY JOHNSON & ASSOCIATES, P.A.
A1TORNEYS-AT-LA W
6640 Willow Park Drive
Naples, Florida 34109
Telephone: (239) 591-0133
Facsimile: (239) 591-0787
Henry Paul Johnson, Esquire
FACSIMILE COVER SHEET
DATE: October 18, 2006
TO: Kay Deselm, ACIP, Principal Planner
FIRM: Collier Co. GOV'! Dept. of Planning& Land Development Review
TO: Barbara Pinx
FIRM: Naples Sunrise, Inc.
RE.. Revised Letter from Henry Johnson, Esq.
INSTRUCTIONS:
Please see attached letter.
FAX #: (239) 530-6357 & 239-597-4987
FAXED BY: Karen Fulron
FAXED FOR: (~ Henry Paul Johnson
TOTAL NUMBER OF PAGES TO FOLLOW: -2-
A COpy OF THIS DOCUMENT () WIU/(.-E WILL NOT FOll-OW BY U.S. MAIL
The information contained in this message is personal and confidential and is intended onlyfor the
person or persons named above. This message and the information comained in chis facsimile is an
attorney-client communication and is therefore su.bject to the attorney-client privilege. If the
reader of this message is not the recipient named above or an authorized agent of such recipient
responsible for delivering it to the intended recipient, you are hereby notified thaI you have
received this documem in error, and that any review, dissemination, distribution, or copying of
this message is strictly prohibited. /fyou have received this communication in error, please notify
us immediately by telephone and return The original message to us by mail. Thank you.
10-18-'06 16:50 FROM-Johnson & Associates 12395910787
T-01~g~~~ ~Qf)8J:?
'"November 14 2D06
Page 138 ~f 141
HENRY JOHNSON & ASSOCIATES, P.A.
ATTORNEYS-AT-LAW
HENRY F-AU" JOrlNSON. ESQ
KIMBERLY K OLSON. ESQ
October 18, 2006
6640 Wlll.OW PAAK DRIVE
NAPLES FLORIDA )4109.8916
TELEF-HONE (239) 591-0133
FACSIMILE (2.)9) 591-0787
rlPJi""'-@60rthllnk.I"l<lt
Via Facsimile 239-530-6357 and Resr:ular U.S. Mail
Kay Deselem, ACIP, Principal Planner
Collier County Goverrunent
Community Development & Environmental Services Division
Department of Zoning & Land Development Review
2800 Horseshoe Drive
Naples, Florida 34104
Re:
Petition:
Our Client:
PUDZ-2005-AR-8147 (Vomado Development, Inc.)
Naples Sunrise, Inc.
AMENDED AND REST A TED OCTOBER 12, 2006 LETTER
(TO CORRECT SCRlVENERtS ERROR IN PARAGRAPH 3)
Dear Ms. Deselem:
Please be advised that our Law Office serves as counsel to Naples Sunrise, Inc., a
Florida not-for~profit corporation. Naples Sunrise, Inc. acknowledges the existence of
the above-referenced Petition and respectfully requests that this letter be included within
any package disseminated to any member of the Collier County Planning Commission
related to the above-referenced matter. Specifically, Naples Sunrise, Inc. would point out
the fOllowing:
1. Naples Sunrise, Inc. expresses concern that the scope of any easement retained by
the original developer of the Glades grants only limited easement rights to the
assigns of the original developer. It expresses concern that this limited easement,
at a minimum, is inadequate for that which is purposed in PUDZ-2005-AR-8147;
2. Naples Sunrise, Inc.'5 ability to grant any further easement and specifically to
permit material alterations to Condominium Association common elements upon
which any easement might exist appears to require a 75% unit owner approval of
Naples Sunrise, Inc. members;
3. At this juncture Naples Sunrise, Inc. and certain of its representatives have met
once with represcruati ves of V ornado Development, Inc. There has. not been full
accord and agreement reached by and between the parties nor does Naples Sunrise
'~:':'-
10-18-'06 16:50 FROM-Johnson & Associates 12395910787
T-01~gmA~ ~Q~\:?
'November 14, 2'000
Page 139 of 141
October 18, 2006
Page 2
believe that any accord can be reached absent unit owner approval to the extent
there is a necessity for there to exist material alterations to condominium common
elements;
4. At this juncture, Naples Sunrise, Inc. does not consent nor does it believe it can
consent on behalf of unit owners to the subject Petition;
5. There are financial issues which have yet to be fully explored with V orando
Development, Inc. Naples Sunrise, Inc. by and through a representative or
representatives wishes to speak at that certain upcoming Planning Commission
Hearing which we Wlderstand is on October 19,2006; and
6. During oW" initial meeting with Vorando Development there was an indication
that Voranda Development was requesting the ability not only to develop single
family units but to potentially increase the density by building condominium
units. Naples Sunise, Inc. is categorically opposed to increasing density.
We are providing a courtesy of this correspondence to Richard D. Yovanvich,
Esquire of Goodlette, Coleman & Johnson, P.A. who we understand represents
Voranda Development, Inc.
HPJ/kjf
cc: Barbra C. Pinx, President Naples Sunrise, Inc.
Richard D. Yovanovich, Esquire (Via Facsimile and Regular U.S. M~il)
-e....~
Agenda Item No. 80
November 14, 2006
Page 140 of 141
ORDINANCE NO. 06 -
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS, 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
SUBJECT REAL PROPERTY FROM THE GOLF
COURSE CGC) ZONING DISTRICT TO THE
RESIDENTIAL PLANNED 1:JNIT DEVELOPMENT
(RPUD) ZONING DISTRICT, TO ALLOW A
RESfDENTrAL DEVELOPMENT WITH A MAXIMUM
OF 3 DWELLING UNITS PER ACRE, OR 24 TOTAL
DWELLING UNITS FOR A PROJECT KNOWN AS THE
VORNADO RPUD LOCATED IN THE GLADES
SUBDIVISION, OFF PALM DRIVE APPROXIMATELY
700 FEET fROM ITS INTERSECTION V><lTH US 41, IN
SECTIONS 12 AND 13, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING or 8:1: ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, DWayne Amold of Q. Grady Minor and Associates, P.A., and
Richard D. Yovunovich, Esq., of Goodleue, Coleman, and Johnson, P.A., representing
Vornado Development, Inc., in petition number PUDZ-2005-AR-8147, 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
COMM1'jSIONERS OF COLLIER COUNTY, FLOIUDA, that:
SECTION ONE:
The zoning classification of the subject real property located in Sections 12 and
13, Township 50 SOllth, Range 25 East, Collier County, Florida, is changed from the Golf
Coursc (Ge) Zoning District to the Residential PlnrUJed Unit Development (RPUD)
Zoning District, to allow a residential development \vith a maximum of 3 dwelling units
per acre, for a total of 24 residential dwelling units in a project known as 'he Varnado
RPUD in accordance with the PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The appropriate zoning atlas map or maps, as described
in Ordinance Number 2004-41, as amended, the Collier County umd Development Code,
is/are hereby amended accordingly.
Page 1 0[2
Agenda Item No. 80
November 14, 2006
Page 141 of 141
:iECTION TWO:
This Ordinance shall become effective upon tHing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super-majority of the Board of County
Commissioners of Collier COllnty, Florida, this _ day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Deputy Clerk
Approved as to form and
legal sufficiency:
~M.~-/)f;A~JJ;A
Mmjori . Student-Stirling r-~- ~
Assistant County Attorney
I'UDZ.2005.AR-8147IKLJI.p
Page 2 of2
Agenda Item No. 8E
November 14, 2006
Page 1 of 86
,-
EXECUTIVE SUMMARY
RZ-2005-AR-8039: (KD) SJC Whippoorwill, LLC, represented by Gary Butler of Butler
Engineering, Inc. and Brian Mansour, requesting a rezone from the Agricultural (A)
zoning district to the Residential Multi-Family-6 (RMF-6) zoning district for a project
known as Cayo Whippoorwill. The subject property, consisting of 10 acres, is located at
1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in Section 18,
Township 49 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider an application to rezone the
subject property and ensure the project is in harmony with all the applicable codes and
regulations in order to ensure that the community's interests are maintained.
CONSIDERATIONS:
,-
The petitioner is seeking this rezoning to allow development of the subject site with a maximum
of 59 units on the 10-acre site for a project density of 6 units per acre. The subject site is
bisected east to west by a gravel power line access road. The applicant provided a site plan as
part of the application to address environmental concerns; however, this site plan is not binding
as part of the rezoning process. Site plan details will be determined as part of the preliminary
platting process if rezoning is approved. Access is proposed from Whippoorwill Lane, but the
actual alignment of that access point will be determined as part of the development review
approval process.
FISCAL IMPACT:
The rezoning, by and of itself, wil1 have no fiscal impact on Collier County. There is no
guarantee that the project, at build out, will maximize its authorized level of development,
however, if the rezoning is approved, a portion of the land could be developed.
The County collects impact fees prior to the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
projects identified in the Capital Improvement Element of the Growth Management Plan as
needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order
to meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees col1ected 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.
~
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for November 14,2006 BCC Page 1 of 6
Agenda Item No. 8E
November 14, 2006
Page 2 of 86
Please note that the inclusion of impact fees and taxes collected are for informational purposes
only; they are not included in the criteria used by Staff and the Planning Commission to analyze
this petition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element (FLUE): The subject property is designated Urban (Urban - Mixed
Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map (FLUM)
of the County's Growth Management Plan (GMP). Relevant to this petition, this Subdistrict
permits residential development (variety of unit types) at a base density of four residential units
per gross acre and recreation and open space uses. The subject property is also within a
Residential Density Band due to its proximity to an Interchange Activity Center (and not within
a Traffic Congestion Area). Based upon the GMP's Density Rating System, three additional
dwelling units per gross acre could be requested. Therefore, the maximum allowable density
would be 7 dwelling units per acre. This statement is time-sensitive in that the Evaluation and
Appraisal Report (EAR) recommends removal of additional allowable density based on location
within a Residential Density Band. The Board, in a 3-2 vote, transmitted the recommended
changes to this section of the GMP. Adoption hearings for the EAR-based amendments to the
Comprehensive Plan are scheduled for January 2007. Note, approval at adoption will require a
supermajority vote.
The applicant is encouraged to implement appropriate Policies under Objective 7 of the FLUE
that support smart growth, including walkability and interconnections with adjoining
communities. A conceptual site plan was not submitted with this application, nor is it required.
The applicant has clarified, in its resubmission, that it seeks a density of 6 units per acre for a
maximum of 59 dwelling units.
However, it is important to note that just because 59 units is the density for which the petitioner
is seeking and for which the site is eligible under the GMP, there is no guarantee that number of
units could be developed on site. Other concerns such as environmental issues, water
management requirements, and roadway necessities very possibly could reduce the number of
dwelling units developed on the site to a significantly lower number.
GMP Policy 5.4 requires all new developments to be compatible with and complementary to the
surrounding land uses. Staff believes this petition will be consistent with the FLUE and Policy
5.4 because the surrounding properties are developed with comparable uses at a similar density.
Mariposa at Whippoorwill is located to the north, Stratford Place is located to the south and east,
and Andalusia is located to the west. All of these projects are approved and developing with
multi-family dwellings at or near 6 units per acre (upa), which is the same unit type and density
proposed for Cayo Whippoorwill.
,-
The subject property is located in the East Central Transportation Concurrency Management
Areas (TCMA) and requires compliance with Objective 6 of the Future Land Use Element
(FLUE). Policy 6.3 of the FLUE requires the utilization of at least 2 of the following
Transportation Demand Strategies to obtain exemption from link specific concurrency.
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for November 14, 2006 BCC Page 2 of 6
Agenda Item No. 8E
November 14, 2006
Page 3 of 86
Commitment to compliance would also provide eligibility for an additional density bonus of 3
dwelling units per acre:
a) Including neighborhood commercial uses within a residential project;
b) Providing transit shelters within the development (must be coordinated with Collier
County Transit);
c) Providing bicycle and pedestrian facilities, with connections to adjacent commercial
properties;
d) Including affordable housing (minimum of25% of the units) within the development;
e) Vehicular access to adjacent commercial properties.
The applicant has not committed to this policy and is therefore ineligible for the stated density
bonus at this time. The Transportation Planning Department has reviewed the project for GMP
Transportation Element consistency as reflected below.
Transportation Element: Transportation staff has reviewed the application seeking a rezone to
allow development of a 59-unit multi-family project. The project at build out will generate 15
PM peak hour peak direction trips on Pine Ridge Road using Whippoorwill Lane as access.
Based on the analysis of the project at build out and within the 5 year planning period, the
project would be considered consistent with policy 5.1 of the GMP Transportation Element when
consideration is taken that volume on Whippoorwill Lane and Pine Ridge Road will be mitigated
from a back access connection to Whippoorwill Lane from Livingston Road and the reduction in
traffic on Pine Ridge Road due to the interchange at Golden Gate Parkway at 1-75. The project
will be subject to concurrency at the time of application for a development order.
ENVIRONMENT AL ISSUES:
This project did not trigger any thresholds that would have required the submittal of an
Environmental Impact Statement, thus this petition did not require review by the
Environmental Advisory Council. Environmental Services staff has reviewed the petition and
has offered the following stipulation to accompany any recommendation of approval:
Prior to allowing clearing in pine flatwoods (411), the developer must provide a
survey pelformed by a qualified biologist to Environmental Services staff ident~fj;ing
any listed air plants. Any air plants so ident~fied must be relocated to the preserve
area prior to the pre-construction meeting. The survey and subsequent relocation
shall be su~ject to review and approval by Collier County Environmental Services
staff Proof (~f completed relocation shall be provided to Environmental Services staff
at the pre-construction meeting.
ENVIRONMENT AL ADVISORY COUNCIL:
This petition does not meet any thresholds that require review by the Environmental Advisory
Council (EAC); therefore the EAC did not hear this petition.
-
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for November 14, 2006 BCC Page 3 of 6
Agenda Item No. 8E
November 14, 2006
Page 4 of 86.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the petition on May 4,2006 and with a
vote of 6 to 2 recommended to forward this petition to the Board of County Commissioners
(BCC) with a recommendation of denial. Inconsistency with the following GMP policies was
cited to support this decision:
1. Policy 5.1 of the Transportation Element because concerns about increases in traffic this
project could cause; and
2. Policy 5.4 of the Future Land Use Element of the GMP because the project is incompatible
with the neighborhood; and
3. Florida Statute 163.180(6), with no specific reason provided.
Additionally, a finding of inconsistency with Rezone Findings, 1, 6 and 7 was cited to support
this decision. Staffs Rezone Findings are attached to the staff report.
Staff has received three items (a combination of e-mails and letters) voicing concerns about
traffic; these were submitted to the CCPC; however no one was present at the hearing to provide
testimony.
Because the CCPC voted to recommend denial, this petition cannot be placed on the Summary
Agenda.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 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 by staff are noted
below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land use is 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 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
_.
Staff however, is maintaining its original recommendation of approval and offers the following
analysis of the CCPC recommendation:
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for November 14, 2006 BCC Page 4 of 6
Agenda Item No. 8E
November 14. 2006
Page 5 of 86
GMP Policy 5.1 of the Transportation Element states:
Project traffic that is 1 percent or less of the adopted peak hour service volume
represents a de minimis impact. Authorization of development with a de minimis
impact shall be pursuant to Section 163.180(6), Florida Statutes.
The Transportation Element policies that were cited generally state that the proposed rezoning
may not adversely impact the road network. Transportation Planning staff has determined that
this rezoning will not adversely impact the roadway network and has therefore deemed the
petition consistent with Policy 5.1 as noted in the staff report.
GMP Policy 5.4 states:
New development shall be compatible with, and complementary to, the surrounding
land uses, subject to meeting the compatibility criteria of the Land Development
Code (Ordinance 91-102, adopted October 30, 1991), as amended.
The Staff Report submitted to the Planning Commission provided an in-depth analysis of the
zoning, density and developing land uses along Whippoorwill Lane. All surrounding properties
are developed at similar density with similar residential sues. Approval of this rezoning is
consistent with the Urban Service Area concept set forth in the GMP. The GMP states:
The Urban Service Area concept manifested in the Element is crucial to successful
coordination of land development and the provision of adequate public facilities. It is
within Urban Designated Areas on the Future Land Use Map that the more intensive
Zoning Districts are permissible, thus the more intensive land uses. Since Urban
Designated Areas are where intensive land uses are guided, it is also where fiscal
resources are primarily concentrated for provision of roads, water supply, sewage
treatment and water management.
-
The Comprehensive Planning staff reviewed the proposed amendment for consistency with the
Future Land Use Element, as described on a previous page. This petition was deemed consistent
with the GMP's future land use subdistrict designation for this site, noting the land use
designation permits residential development (variety of unit types) at a base density of four
residential units per gross acre and recreation and open space uses. The subject property is also
within a Residential Density Band due to its proximity to an lnterchange Activity Center (and
not within a Traffic Congestion Area). Based upon the GMP's Density Rating System, three
additional dwelling units per gross acre could be requested. Therefore, the maximum allowable
density would be 7 dwelling units per acre. However as already noted, this statement is time-
sensitive in that the adopted Evaluation and Appraisal Report (EAR) recommends removal of
additional allowable density based on location within a Residential Density Band. The Board, in
a 3-2 vote, transmitted the recommended changes to this section of the GMP. Adoption hearings
for the EAR-based amendments to the Comprehensive Plan are scheduled for January 2007.
Note, approval at adoption will require a supermajority vote. Additionally, note that until (and if)
such time as any EAR amendments are actually adopted, the petition must be reviewed under the
currently existing GMP which allows additional density. However, any ultimate density is never
an entitlement, thus the Board can reduce the density if that action is deemed appropriate. In this
particular case, however, staff believes the proposed density and uses are compatible with the
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for November 14, 2006 BCC Page 5 of 6
Agenda Item No. 8E
November 14, 2006
Page 6 of 86
neighborhood and approval of the requested 7 units per acre is appropriate. More importantly,
the proposed residential use is exactly the same as what exists in the neighborhood, thus the uses
are identical. Incompatibility cannot therefore logically be deemed a reason to deny this
rezomng.
The Planning Commission, with its recommendation of denial, disagreed with the above legal
considerations and findings as noted in the Planning Commission meeting synopsis.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition RZ-2005-AR-8039,
noting that, in staffs opinion, the request is consistent with the overall GMP, to include, but not
limited to, all relevant goals, objectives and policies of the Future Land Use Element and the
Future Land Use Plan Map designation and the Transportation Element.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning and Land Development Review
-
Cayo Whippoorwill, RZ-2005-AR-8039
Executive Summary for November 14, 2006 BCC Page 6 of 6
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8E
November 14. 2006
Page 7 of 86
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8E
TlliS Item requires that all participants be sworn In and ex parte disclosure be provided by
Commission. members RZ~2005-AR-8039: SJC VVhippoorwill, LLC. represented by Gary
Butler of Butler Engineenng; IflC- and Brian Mansour. requesting a rezone from ttle
Agncultural (A) zoning district to the ReSidential Multi-Family-6 (RMF-6) zoning drstricl for a
project known as Cayo INhlppOorwil1 The subject property consisting of 10 acres, is located
at 1450 Whippoorwill Lane, approximately 3.500 feet south of Pine Ridge Road ill Section
18. Township 49 South. Range 26 Easl Collier Counll. Flonda
11/14/200690000 AM
Principal Planner
Date
Prep. red By
Kay Deselem, AICP
Community Development &
Environmental Services
Zoning & Land Development Review
10126/20067:10:57 PM
Norm E, Feder. AICP
Date
Approved By
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
10/27/20062:01 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
10/27/20064:52 PM
Donald L. Scott
Date
Approved By
Transportation Services
Transportation Planning Director
Transportation Planning
10130/200610:12 AM
Approved By
Constance A Johnson
Comm unity Development &
Environmental Services
OperatIons. AnalY5t
Community Development &
Environmental Services Admin
D<1te
10130/200612:57 PM
Date
Approved By
Ray Bellows
Community Development &
Environmental Services
ChIef Planner
Zoning C'~ Land Development Review
10fJ0l2006 2:24 pr",1
Susan Murray. AICP
Date
Approved By
Community Development &
Environmental Sarvices
Zoning 8. l.and Development Dire-Gtor
Zoning & Land Development Review
10131/2006 1:02 PM
Approved By
Josap!l K. Schmitt
Comrnunity Development 8.
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
CommunIty Development &
Environmental Services Admin.
1111/20063:31 PM
OM B Coordinator
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
11!2/200611:50AM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Bud(!et
11/3/20068:56 AM
Approved By
James V, IV:udd
Board of County
Commissioners
County M.mager
Dnle
County M.mager's Office
11/312006 4:3-5 pr~,:
Agenda Item No. 8E
November 14, 2006
Page 8 of 86
Co~r County
- '-~ ~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MAY 4,2006
SUBJECT: PETITION: RZ-2005-AR-8039, CA YO WHIPPOORWILL
AGENT/APPLICANT:
Agent: 1. Gary Butler
Butler Engineering, Inc.
2223 Trade Center Way
Naples, FL 34109
Applicant: Brian Mansour
SJC Whippoorwill, LLC
6604 Ridgewood Drive
Naples, FL 34108
REQUESTED ACTION:
The petitioner is requesting a rezone from the Agricultural (A) zoning district to the Residential
Multi-Family-6 (RMF-6) zoning district for a lO-acre project known as Cayo Whippoorwill.
GEOGRAPHIC LOCATION:
The property is located at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge
Road, in Section 18, Township 49 South, Range 26 East, Collier County, Florida. (See illustration
on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The petitioner is seeking this rezoning to allow development of the subject site with a maximum of 59
units on the 1 a-acre site for a project density of 6 units per acre. The subject site is bisected east to
west by a gravel power line access road.
SURROUNDING LAND USE AND ZONING:
North: Mariposa at Whippoorwill, a multi-family developed 30-acre project with a zoning
designation of PUD (Whippoorwill Pines PUD), approved at a density of 6 dwelling units
per acre
Staff Report for May 5, 2006 CCPC
Cayo Whippoorwill. RZ-2005-AR-8039
Page 1 of 6
Agenda Item No. 8E
November 14, 2006
Page 9 of 86
South: Stratford Place, an 84:!:-acre developed multi-family project with a zoning designation of
PUD (Whippoorwill Woods RPUD), approved at a density of5.51 dwelling units per acre
East: Stratford Place, an 84:!:-acre developed multi-family project with a zoning designation of
PUD (Whippoorwill Woods RPUD), approved at a density of 5 .51 dwelling units per acre
West: Whippoorwill Lane; then Andalusia, a 98:!:-acre developing project (with access via
Livingston Road) with a zoning designation ofPUD (Arlington Lakes PUD), approved at a
density of six dwelling units per acre to allow multi- family dwelling units
1 1\
J
L-_J
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 2 of 6
Agenda Item No. 8E
November 14. 2006
Page 10 of 86
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth Management
Plan (GMP). Relevant to this petition, this Subdistrict permits residential development (variety ofumt
types) at a base density of four residential units per gross acre and recreation and open space uses. The
subject property is also within a Residential Density Band due to its proximity to an Interchange
Activity Center (and not within a Traffic Congestion Area). Based upon the GMP's Density Rating
System, three additional dwelling units per gross acre could be requested. Therefore, the maximum
allowable density would be 7 dwelling units per acre. This statement is time-sensitive in that the
adopted Evaluation and Appraisal Report (EAR) recommends removal of additional allowable density
based on location within a Residential Density Band. The EAR-based amendments to the
Comprehensive Plan have not been transmitted or adopted by the BCC at this time; this is expected to
occur in mid and late 2006.
The applicant is encouraged to implement appropriate Policies under Objective 7 of the FLUE that
support smart growth, including walkability and interconnections with adjoining communities. A
conceptual site plan was not submitted with this application, nor is it required. The applicant has
clarified, in its resubmission, that it seeks a density of 6 units per acre for a maximum of 59 dwelling
units.
However, it is important to note that just because 59 units is the density for which the petitioner is
seeking and for which the site is eligible under the GMP, there is no guarantee that number of units
could be developed on site. Other concems such as environmental issues, water management
requirements, and roadway necessities very possibly could reduce the number of dwelling units
developed on the site to a significantly lower number.
GMP Policy 5.4 requires all new developments to be compatible with and complementary to the
surrounding land uses. Staff believes this petition will be consistent with the FLUE and Policy 5.4
because the surrounding properties are developed with comparable uses at a similar density. Mariposa
at Whippoorwill is located to the north, Stratford Place is located to the south and east, and Andalusia
is located to the west. All of these projects are approved and developing with multi-family dwellings
at or near 6 units per acre (upa), which is the same unit type and density proposed for Cayo
Whippoorwill.
The subject property is located in the East Central Transportation Concurrency Management Areas
(TCMA) and requires compliance with Objective 6 of the Future Land Use Element (FLUE). Policy
6.3 of the FLUE requires the utilization of at least 2 of the following Transportation Demand
Strategies to obtain exemption from link specific concurrency. Commitment to compliance would also
provide eligibility for an additional density bonus of 3 dwelling units per acre:
a) Including neighborhood commercial uses within a residential project;
b) Providing transit shelters within the development (must be coordinated with Collier
County Transit);
c) Providing bicycle and pedestrian facilities, with connections to adj acent commercial
properties;
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill. RZ-2005-AR-8039
Page 3 of 6
Aqenda Item No. 8E
N-ovember 14. 2006
Page 11 of 86
d) Including affordable housing (minimum of25% of the units) within the development;
e) Vehicular access to adjacent commercial properties.
The applicant has not committed to this policy and is therefore ineligible for the stated density bonus
at this time. The Transportation Planning Department has reviewed the project for GMP
Transportation Element consistency as reflected below.
Transportation Element: Transportation staff has reviewed the application seeking a rezone to
allow development of a 59-unit multi-family project. The project at build out will generate 15 PM
peak hour peak direction trips on Pine Ridge Road using Whippoorwill Lane as access. Based on the
analysis of the project at build out and within the 5 year planning period, the project would be
considered consistent with policy 5.1 of the GMP Transportation Element when consideration is
taken that volume on Whippoorwill Lane and Pine Ridge Road will be mitigated from a back access
connection to Whippoorwill Lane from Livingston Road and the reduction in traffic on Pine Ridge
Road due to the interchange at Golden Gate Parkway at 1-75. The project will be subject to
concurrency at the time of application for a development order.
ANAL YSIS:
Environmental: Environmental Services staff has reviewed the petition and has offered the following
stipulation to accompany any recommendation of approval:
Prior to allowing clearing in pine jlatwoods (411), the developer must provide a survey
performed by a qualified biologist to Environmental Services staff identifying any listed
air plants. Any air plants so identified must be relocated to the preserve area prior to the
pre-construction meeting. The survey and subsequent relocation shall be subject to
review and approval by Collier County Environmental Services staff. Proof of completed
relocation shall be provided to Environmental Services staff at the pre-construction
meeting.
Utilities: The Utilities Department staff has reviewed the petition and notes the project is within the
Collier County Water-Sewer Service Area and subsequent development approvals will be subject to
application for and conditions associated with a Water and Sewer Availability Letter from the Collier
County Utilities Division.
Zoning and Land Development Analysis: Zoning staff has reviewed this petition and believes the
proposed use is consistent with the FLUE and Policy 5.4 of the GMP as indicated previously in the
GMP discussion.
As described in LDC Section 2.03.01.G., the purpose and intent of the residential multiple-family-6
district (RMF-6) is to provide for single-family, two-family and multi-family residences having a
low profile silhouette, surrounded by open space, being so situated that it is located in close
proximity to public and commercial services and has direct or convenient access to collector and
arterial roads on the County's major road network. The RMF-6 district corresponds to and
implements the urban mixed use land use designation on the Future Land Use Map of the Collier
County GMP. The maximum density permissible in the RMF-6 district and the urban mixed use land
use designation shall be guided, in part, by the density rating system contained in the Future Land
Use Element of the Collier County GMP. The maximum density permissible or permitted in the
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 4 of 6
Agenda Item No. 8E
November 14, 2006
Page 12 of 86
RMF-6 district shall not exceed the density permissible under the density rating system, except as
permitted by policies contained in the Future Land Use Element.
The differences between the Agricultural and the RMF-6 zoning districts property development
regulations are shown in the table below.
Excerpts from
Table of Setbacks (LDC Section 2.07.00) and
Lot Design Requirements for Principal Uses (LDC Section 4.02.01.A)
[in feet, unless otherwise noted]
Zoning Front Yard Side Rear Lot Area Lot Floor Area of Buildings
District Yard Yard (sq ft) Width (sq. ft.)
A 50 30 50 217,800 165 550
Single-family 25 7.5 6.500 60
RMF-6 Duplex 25 10 25 12.00 80 750
Multi-family 30 15 5,500/unit 100
All numbers shown are the required minimum amounts
Maximum Building Height of 35 feet is the same in both districts
Note: The petitioner's Trip Generation Report only reviewed and proposed multi-family uses
If the rezoning is approved, the petitioner would be required to provide a Type A Buffer (10- feet
wide with trees spaced 30 feet on center) along the perimeter property lines.
The proposed change to the RMF-6) zoning district from the Agricultural (A) zoning district is not
anticipated to have an adverse effect upon living conditions in the neighborhood. As previously
noted the surrounding property is similarly developed and the proposed multi-family residential use
is compatible with the existing uses and the proposed 6 upa density appears to be a reasonable
density given the surrounding areas. Staff believes the rezoning is consistent with GMP Policy 5.4.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Mr. Gary Butler of Butler Engineering, agent for the applicant, held the required NIM on November 2,
2005 at 5:30 P.M. at Hawthorne Suites of Naples, Cypress Room. The meeting was attended by 3
people along with the applicant's agent, the property owner and county staff. Mr. Butler stated that the
proposed development would not include any "affordable housing units." There was no stated
opposition to the proposed rezone and development. (Synopsis provided by Linda Bedtelyon,
Community Planning Coordinator)
STAFF RECOMMENDATION:
The Zoning and Land Development Review staff recommends that the Collier County Planning
Commission (CCPC) forward Petition RZ-2005-AR-8039 to the Board of County Commissioners
(BCe) with a recommendation of approval with the following condition:
Prior to allowing clearing in pine Jlatwoods (411), the developer must provide a survey
pel10rmed by a qualified biologist to Environmental Services staff identifying any listed air
plants. Any air plants so identified must be relocated to the preserve area prior to the pre-
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 5 of 6
Agenda Item No. 8E
November 14. 2006
Page 13 of 86
construction meeting. The survey and subsequent relocation shall be subject to review and
approval by Collier County Environmental Services staff. Proof of completed relocation
shall be provided to Environmental Services staff at the pre-construction meeting.
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
REVIEWED BY:
JEFFREY A. KLATZKOW
ASSISTANT COUNTY ATTORNEY
DATE
.-'
RAY BELLOWS, MANAGER DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
SUSAN MURRAY, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the June 6, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK P. STRAIN, CHAIRMAN
DATE
Staff Report for May 4, 2006 CCPC
Cayo Whippoorwill, RZ-2005-AR-8039
Page 6 of 6
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REZONE FINDINGS
RZ-2005-AR-8039
Agenda Item No. 8E
November 14, 2006
Page 15 of 86
Chapter 10.03.05.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.
The Comprehensive Planning Department has indicated that the proposed rezone is consistent
with the Future Land Use Element (FLUE) land use designation of the Growth Management
Plan (GMP), Environmental staff has indicated that the propose rezone is consistent with the
Conservation and Coastal Management Element as conditioned, and Transportation Planning
staff provided an analysis of the applicable objectives, goals and policies of the Transportation
Element, and finds that the project is consistent with Transportation Element Policy 5.1.
Zoning staff provided an analysis of other pertinent GMP objectives and policies, and
recommends that the petition be deemed consistent with the overall GMP.
2. The existing land use pattern;
This project will be consistent with the existing and proposed land use patterns as explained in
the staff report.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts;
The subject parcel is of sufficient size that it will not result in an isolated district unrelated to
adjacent and nearby districts. It is also compatible with expected land uses by virtue of its
consistency with the FLUE of the GMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed zoning district boundaries are logically drawn and they are consistent with the
Urban - Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map
(FLUM) of the Growth Management Plan.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
The growth and development trends and changing market conditions make the proposed
rezoning desirable for the applicant. The rezoning is not necessary, per se, but it does seem
appropriate given the similar development that has occurred in this area. The proposed
rezoning is appropriate based on its compatibility with adjacent land uses.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
G:\Current\Deselem\Rezone cases\Cayo Whippowill, RZ-2005-AR-8039\Findings, Rezone 3-31-06.rtf
Page 1 of 3
Agenda Item No. 8E
t-Jovember 14, 2006
Page 16 of 86
The development standards and landscaping requirements contained in the LDC are intended to
mitigate any adverse impact to the living conditions in this neighborhood if the proposed
rezoning is approved.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of peak
volumes or projected types of vehicular traffic, including activity during construction
phases of the development, or otherwise affect public safety.
The Transportation Services Division has reviewed the proposed rezone and has recommended
approval of the petition based upon transportation-related GMP policies. The development will
be subject to concurrency requirements designed to adequately address traffic congestion
concerns when development approvals are sought.
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 mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will not be
affected if this rezone is approved.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasting with the public welfare;
The proposed rezone complies with the land use designation of Urban - Mixed Use District,
Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the Growth
Management Plan (GMP) which is a public policy statement supporting zoning actions when
they are consistent with the entire GMP. Staff is recommending that the petition be deemed
REZONE FINDINGS
RZ-2005-AR-8039
G:\Current\Deselem\Rezone cases\Cayo Whippowill, RZ-2005-AR-8039\Findings, Rezone 3-31-06.rtf
Page 2 of 3
Agenda Item No. 8E
November 14, 2006
Page 17 of 86
consistent with the overall GMP with one stipulation. In light of this fact, approval of the
rezone petition would not constitute a grant of special privilege.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
The property is currently undeveloped (a house that was on site has been demolished), but
could be developed in compliance with the existing zoning if so desired by the property owner.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
County;
The proposed rezone is compatible with surrounding property in size and scale.
15. Whether is it impossible to find other adequate sites in the County for the proposed use in
districts already permitting such use.
Each zoning petition is reviewed on its own merit for compliance with the GMP and the LDC;
and staff does not review other sites in conjunction with a specific petition. However, suffice
to say there are most likely areas of the County with conventional zoning that would allow
development of the housing types proposed by the petitioner. The determinants of zoning are
consistency with all elements of the GMP, compatibility, adequacy of infrastructure and
general compliance with the Land Development Code.
16. The physical characteristics of the property and the degree of site alteration, which would
be required to make the property usable for any of the range of potential uses under the
proposed, zoning classification.
While site conditions may restrict the location and square-footage of the buildings, they would
not render the property unusable.
17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County Growth Management
Plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this
petition and, the Transportation Planning staff found it consistent with the Transportation
Element of the GMP.
REZONE FINDINGS
RZ-2005-AR-8039
G:\Current\Deselem\Rezone cases\Cayo Whippowill, RZ-2005-AR-8039\Findings, Rezone 3-31-06.rtf
Page 3 of 3
"..
~
,",
Agenda Item No. 8E
November 14,2006
Page 180f 86
APPLICATION FOR PUBLIC HEARING FOR:
STANDARD REZONE -:-
RZ-200S-AR-8039
Date P~tition Rccei ,oed: PROJECT #2005060046
DATE: 11/17/05
Plal1l1er Asslgned: _ KAY DESELEM
Pctltion No.:
COl11l11lssion DlSll"ict:
i\130VE TO l.lE COl\ll'LETED BY STAFr-
1. GelleraIIIIl'orlll:llioll:
Namc or Applicanl(s)
Kr/an
(V)(}I/SDUr
i\pplic\lll'S l\L1ilillg ^ddre:;~ ___(p_~ D 1-
;(/ dB (".to tlO d /) r.
Slate r: L Zip __~-/DL
City _~j2/C5
i\ppliC\llt's E-r....lail Address:
IV I Ii-
AppliC:\l1t's Tckpllonc II :11 D - &/7 J - 'J,,6:5t, Fax i; ~ 39- 593 - qLf-f/9
Namc or AgClll
o a 0j----'1cf! ~ r
Agel1t's tvlalling Addrcss ;<:)!J.. 3
;\gcllt's E-Mail Address:
Firm e u..-JI.,..L-En!y'r7r (' ri t1 fJ._J-.J-/'--x2/
/ r Cl d e tr~n-l~r- t,\}C1 i
Slate FL Zip _:14/ (J 9
(/){), 3) rax i= Sill & - /3:2 ;7
p iJu -II cr.J., 0 J" e AcL. C ['IV)
City
tJ Ct.,') I r ~
(
Agent's Telephol1e It 501.0 - 3L)3 t..~
COLLIER COUr;TY COi\ll\lUNITY DEVELOPi\IENT
DEPARTMENT Of ZO:\Il'\G AND LAND DEVELOPi\lENT REVIE\\"
2800 N. IIORSESHOE DRI\'E.-NAPLES, FL 3-110-1
PH01':E (239) ~03-2400/FAX (239) G-I3-6968
.l!:.!'IH'.\"!I(), HIlt 1'\ HII('IIF.\IU,(; FfI\(-;T\\Il\IW ItFI.(}\I'~--l!1-lI1.'
, .
Agenda Item No. BE
November 14, 2006
*Be :l\\':lI'C that Collicr COllnty has lohbyist rcgulations. Guide YOllrselfaccordingly :ifatJe 19of86
CIlStl rc that you arc in compliance with thcsc rcguhHiol1s. ' /
...",.r
(Pro\'id~ additional .//
,././'"
~",,;
'"
/
COl1lpkt~ thc following for nil Association(s) nniliated with this p~tition.
shects if necessary)
".'
Name of Homeowner Association:
",..,
'"
Mailing Address
City
..Si~te _ Zip
,..,"
...
Name of Homeowner Assoclation:
./
Mailing Address
City'
State _Zip
Nalllc of Homeowner Association:
Mailing Addr~$s
City
Stal~ _ Zip
['\alllc or t\lastcr Association:
1\hiling Addr~$s ,/
Cily
Stat~ _ Zip
...//
,/
,,/
['\allll;-.()r Civic Association:
/
f.Giling Addrcss'
//"
City
Slate _ Zip
2. Disclosurc of Interest In('ormatioll:
a. If thc properly is owned fec simple by an INDIVIDUAL, tcnancy by the entir~ly.
tenancy in common, or joint tenancy, list all parties with an owncrship intcrest as
well as the percentage of such interest. (Use additional sheels if necessary).
N;lll1C ;lIH.1 Address
Percentagc orOwncrshipJ
--
\I'I'I.I('ATIO" F(llt l'{'IlI.lC' IIF.\lU,,(; F()I{ ST'\"I).\IUlllri'O\E _ -l11-l!Il.\
Agenda Item No. 8E
November 14, 2006
Page 20 of 86
b. If the property is owned by a CORPORATION, list the officers and stockholdcr~"
and the percentage of stock owned by each.
Nam.: and Address, and Office
53 (I J Wh-'ppno,.. wi I' I Ll (Y
1.0 b D4 ~"dtWDl~ ~r.
NClflle5' r:: 34/ 1?
.s+~ dnfl" ie /'v1c.n<:"rdlr
~ I ..to.
en,.., I '-.r M(ln:5'cu r
(')., r; s-nflr" fVI rJfI<;"l./I"
Percentag.: of Stock
33,"3 ?
33. :3 "},
33. ~ ?I
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of intere.st.
...-
N:lme and Adclrcss
.,-
Pcrcc-ntagc- of [nt~rcst
,/
d. I r the propel'ly is ill tll..: ll~lIl1e or a G I:NERAL or LIMITED PARTNERS [liP, list the
name of thc gellcral <lilli/or lit1lited partners,
NJl\\": and Addl":~~
l\:n:":lltag..: ofOwn..:rship
9,....
c. If there is a CONTRACT rOR PURCHASE, with an individual or individuals. a
Corporation, Truslee, or a P~\rtl1crship, list thc namcs of the contract purchasers
below, inc\mlillg the ofliccrs, stockholders, bcncrl~,i~)rics';-6rpartncrs.
Nall1": and Addr..:ss
Pen:cntag..: of OWl\..:rship
Date of Contract:
\1'1'1 !1..\I!O.... FIII( !'IHUC In:.\HI,C; FIJI( ST \'\!I-\HIl HFI(l'\F - ~,'\~ 11.'
f.
Agenda Item No. 8E
November 14, 2006
If any contingency clause or contract temlS involve additional partics,Pfl~te ~I\of 86
individuals or officers, if a corporation, pJrtnershjp, or trust.
. \,
Nam<: and Address
./
g. Date subj eet property, acquired [0'\eased 0 ~ / P. tDSTermof lease
I
YTs.lmos.
I f! Petitioner has option to buy, indicate date 0 f option:
tenllinates: , or anticipated closing date
. rJ/A-
and date option
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the d~lte of application, but prior to the date of the tinal public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form..
3. Detailed I cl!nl dcscription of thc oropcl'tv covered hv the appliCl\tiol\: (If space is
in;llkquate, attach 01\ separate page.) If rcqucst involvcs change to mon.: than onc i.oning
district, include separate legal dcscription for property involved ill each district.
Applicant shall submit lour (4) copies of a recent SLlt'wy (completed withill the last six
months, maximum I" to 400' scale) ifrcquircd to do so ntthe pre-application meeting.
NOTE: The applicant is responsibk for supplying the cOlTcctICg:tF.deseription. If
qucstions arlsc conccl'Ilillg tllc legal description, an enginccr's certilication or scaled
survey may be rcquired.
Section:
,g
Township: Lf q
Range: !) L;;
Lot:
Block:
Subdivision:
Plat Book 16lA Page #: J, 10 ~ Property 1.0,11: CO {)J?g:>04DOO r:A
tvtctcs&I3oundsDcscription: 5\jQ of S')Q. n-P f{~~I'-4 o-t SEY1
,,/ 4.
SizcofprOllcrt\':330 n.x 13~O ft. =TotaISq.Ft.43~Cv01J Acres 10
J
5, Addrcss/1!cncrallocntioll ofsubiect propert,,:
1450 W~;Pfc:orw.ll\
la.()€.,.
..,J....._.
\I'I'II('\T1l1'\ Flllt \'\ 1111(' I IL\ltl'\C FOil ST.\,\\} \HlllU7(),\E - ~lt.j (),
I. .
, ,
,'I .
l 6,
Aeljacent z()1lil1~ aile! Iallel use:
Agenda Item No. 8E
November 14, 2006
Page 22 of 86
Z01ling
L:ll1d u~c
s
~uD
~ll[)
EJ Ll b
w put f-J
M Ll I -h - ~Q (YI; 1 Lj
I
II II
N
il
Ii
M Ld-h - ran,,"1 i
Un J~LJC/D;Jed'
I
Does the owner or the subject prop~rty o\\'n property contiguous to the subj~ct prop~rty?
If so, gi\'~ compkte kgal (lc~cripliol1 of entire contiguolls propertS~ err Sr~lec is
inadcquat~. attach on scp~lrate pag~).
Section:
Township:
Rang~ :
i,l { r r
l.ot:
l3loc\..::
Subdi vision:
Pl.ll I~Ollk__ I\lgc: 1;:__ PlOpC:L'ly ['D"Ii:__
i\kl..:~ '-': 1~,Hllld.~ Description: _"__________________.
"I. 1\l:/.o1ll: 1.\t'(~1Il:SI: This ;\pplicalion is rellul'slill:; ;\ r";I.O~lC rr~nl.th..; ~.3C.LQuJJur(~1
{"llllllg dt:;ll'lct (s) lo !ll..: K (\I) r: (". i'.Ol1ln:; dISlt'ld(S).
PI'CS":lll Use or tile Prop<.:I'ly:
V (\ Can+-
.-
IJml10scd Usc (or r~\llgc oruscs) or!llc prol1cI'lY:_lJ...l.Ll \~l - h-Ull. 1 \ 'j
e {r1 1=' (/.'
8. F.,':1l1l:1tion Crilcl'ia: Pursuall! !o Seclioll IO.03.05.G. oC the Collier COlll1l)J Land
Developmcnl Codc, st~ln-s al1:llysis and rCCOlllll1CnLbtion to thc Plal1nillg C0l11l11issioll,
~lIld the PLuming C:OlllI1Iission's rCCOllll11':\1cblion to thc E3o~lt.d at" CO\.lnly Comm\ssioll~\'~
skill be b~lscd upon COI\Sld~r~\tioll or the applic~lbk crikria Ilot~d k'k)\\. 1)\'\..I\id: ~\
11~\lT~\li\'e s talclllClll d cs\..'ribil1g t h.: rc/ol1c r~qucsl with specific rcrc\'~t\l.:<': tll t\h.' crilcri~\
l)(llcd b~lo\\'. In(lud~ ~\11Y 1l:\I.:kup 1l1~1!cI'i:lIs and dOC\.Illlclltaliol1 ill SUI)I)L)!l nl"lh.: 1\.'LjU'::;l.
Srdllc!(/!'(! I~,~:nlll' ('n/lsidl'J'Clriolls (1.1)(' .'l,'cliO/l In 03.05. G.)
.\I'J'l.U_~.!~.~.!.2..!U':L!.!.!....~~!..~~!..~i..UII('" 1\"\1' \1(1) 1~!~:..1.::....:..~I!~
Agenda Item No. 8E
November 14, 2006
Page 23 of 86
I, Whether the proposed change will he consistent with the goals, ohjcctives. alld
policies ami flltl/I'e land use /Ilap and the cle/llents of the growth 111 (/I wgclIIell t pfall. .
2. The existil/g lal/d usc pattcm.
3. The possible creation of all isolated district ul/related to adjacent amI nearby
districts.
4. Whether existing district bOl/lu/aries are illogically drawn in-:re/atioll to existing
conditions 011 the property for thc proposed change.
5. Whether changed or challging cOnditions make the passage of the proposed
amendment (rezone) necessary.
6. Wlrether the proposed challge H'ilI {uh'erscly influellce li\'il/g cOl/ditions in the
neighborhood.
7. Wlrether the proposed change wil! crcatc or exccsshdy incrcasc (mj}ie congestioll or
create t.\1)CS of trojJic dcell/ed incol/lpatible with slIrrollluling lund Ilses, becallse: of
!>cuk \'olll/J/cs or projected types of\'elticlI/al' trttjJlc. ine/lldil/g (Ic(il'i'.\' durillg
COllstrl/ctiol/plwscs of the tlel'dofJI/lCllt, or othcnl'ise ajJ'c!c( Pllhlic sa/eI)'.
8. IVIII....thcr tire !Jro/ws(}c! clwl/g... \l'il! cree/te {I c!millage /Jroh1L'I/I.
V. Wlrc..ther the prof>o::;cd change will saiolls/.l'I'edllce light ond air to {/(ljaccllt Meas.
10. Wlrcll/(..!r tlu..! pl'o;>o::;cd changc \l'il! sc.:riOIl.l'(I' aj/eel profJer'!)' \'ulllc::; in the a(Uaccllt
(l rea.
II, Wirer/wI' (he /wo!J()secl clwlIgc lI'il! he a dcterl'cllt to Ilu..! ill/flrO\'C/Ilcl/t or dC\'c/O/lIllellt
of wlj'accnt [Jropcrty in (/ccordal/cc Il'itlt existing regulations.
12, Wltcther the pro/losee! challge will cOllslilule (/ gr(/Ilt of spccial/Jril'ilege to (111
illc!i\'ic!u{/I owner (/,\' cOlltmslcc! willI tlte fJCIhlic Il'elfarc.
/3. Whcther there are su!Js{wllial rcasolls \\'lry tire property CWl/lOt be used ill accordallce
witll existing zollillg".._
14. Whetlrer tire change slIggested is Dill of scale \\'illl tire lIeeds of lire nciglthorlldocl or
J
the COlli I I)'.
15. Wltetlter it is iII/possible 10 filld othcr w!e'll/ate sites ill tlte cOlllltyfOI' tlte proposcd
llse in distriels u!rewl.i- pcrlllillillg slIch IIse.
/6. The plrJ'sicaf cllClracteristics of tIle properly amlllle degree of site aflcrel/ioll \I'/'ie/'
lI'ould be required to make lire property I/sable for allY oj the range oj potclllia! lIses
ullder the proposed zOllillg classificatiol/.
\I'I'lIe \TtO" Fill( "1111.1(' IIEAHI"!; Fill( ST \"11 \IW HFI.O'F - ~11~'1l1
Agenda Item No. 8E
November 14, 2006
Page 24 of 86
/7, The i/llpact of de\'(:loplllcnt 01/ the CH'ailahility of adeqllate {I/Iblicf(/cilitics alld
ser....ices consistent willlthe ICI'C!s ofservice adopted ill the Collier COllnty groll'th
management plan al/(l CIS defined {[nd implell/ellter! through the Collier COllllty
Adeqllate PlIblic Facilities OrdinClllce [Code ell. 106, art. Il}, as al/lended.
is. SlIch otherfactors, stalldards, or criteria that the board OfCOllllty cO/1/missioners
shall deem importallt in the protectioll of the public health, safety, and welfare.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,.
however, many communities have adopted such restrictions. YOll 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 thc subject propcrtv: 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?
II. Additional Suhmittal requiremcnts: In addition to this compldcc1 application, the
following shall be submitted in order for your application to be ckCl11ed suflicicnt, unkss
otherwise waived during th~ pre-:lpplication meeting.
a. ^ copy or the pre-application meeting not~s;
b. Ie this raone is being requested for a specific use, provide ftl"tcen (15) copies or a
24" X 36" conceptual slte plan (IG copies if for allordable housing) [and Olle reuuced
SY/' x 11" copy or site plan], drawn to a m~\:-.:imum scale of I inch equals 400 I'l..:et,
depicting the (allowing [Additional caples of the plall lllay ue requested lIpOll
completion or stafr cvaluation 1'01' distribution to the Board and various advisory
boards such as the Environmental Advisory Board (EAB), or cepCj;
. all existing and prorosed structurcs and the din~ensiolls thereof,
. prov i sions for cx ist i ng and/or prorosed ingress and egress (incl udi ng pedestrian
ingress and egrcss to the site and the structurc(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicaling
required and provided p;\rking and loading, including required parking for the
disabled),
· required yards, open space and preserve arcas,
. proposcd locations for lllllitics (as well as location orcxisting utility scn';ccs 10
the site),
. proposcd and/or cxisting landscaping and buffering as may bc r~quired by the
COllnty,
c. An architectural renckrlng of.any proposed structures.
d. An Environmental fmpact Statement (EIS), as required by Section 10.02.02. of Ih<.:
Land Development Cock (LDC), or a request for waiver if appropriate.
\1'1" I('\TIO\, F<ll{ 1'\'IlI.I(' 11LUU'\(; FOl( ST\\IlUm HF7.0'\F -~!1~ I)J
Agenda Item No. 8E
November 14, 2006
Page 25 of 86
e. Whether or not an ErS lS required, t\VO copies of a recent aerial photograph, (taken'
within the prevlolls twelve months), mintn1unl scale of one inch equals 400 fcc't,
shall be submitted, Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification' shall be consistent with Florida Department of
Tran~portation 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.B.1.).
f. Statement of utility provisions (with all required attachments and sketch~s);
g. A Traftie Impact Statement (TIS), unless waived at the pre-application me~ting;
h. A h istorieal a nd archeological survey 0 r \v aiver application i fp roperty is located
within an area of historical or archaeological probability (as idelltified at pre-
application meeting);
i. The petitioner must provide a letter of no objection from the United States Postal
Service prior to submittal of the application. Please contact Robert tv!. Skebe,
Gro\vth Management Coordinator at:
U.S. Postal Service
1200 Goodktte Roall
Naples, r10rida 34102-9993
Phone (239) 435-2122; fax (239) 435-21 GO
J. AllY additional requin.:mcnts as may be applieabk to spel.:i lie cOllditionaluses and
idclltilicd during the pre-~\pplication meeting, including but not lil11ited to <IllY
rcquircll state or federal permits,
Sectioll lO.03.05.n.3.of the Land Devclopmcnt Code requires all applicant to
remove their puhlic hearing advcrtising sign (5) after final actioll is tal,cll 1>y
the Board or Connt)' COlllmissioners. Based on.:th.c lloard's final ~lCtiOll ()(1 this
it c Ill, please remove all puhlic hearing advcrtising sign (s) immediately
\1'1" IC' \Tlll" Flllt 1'1'1\1,1(' IIFAIU"" FOil ST.\"IHll1lIlFI.O"F --l!I-l:U.\
TRAFFIC IMPACT STATf:Mf:NT (TIS):
Agenda Item No. 8E
November 14. 2006
Page 26 of 86
A T[S is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as determined at the pre-application meeting. Please note the following with
regard to TIS submittals:
l\TINOR TIS: Generally required for rezone requests for property less than 10 acres in size,
although based.on the intensity or unique character of a petition, a major TIS may be required for
pdition often acres or less.
MAJOR TIS; Required for all other rezone requests,
A minor TIS shall include the foIlO\\'ing:
1.
Trip G.:nc:rJtio[\:
(at bllilll.out)
Annual Av.:rag.: D;lily Trafli-:
l'c.:Jk 110m (AADT)
l'c.:ak 5-::1son Daily Trani..:
l'.:ak Illlllr (I'SDT)
2. Trip Assiglll1\t'l\t:
Withil\ Radius of Ikvdllprnt'l\t In11I1t'I\\':": (RD()
J. I:xisllng Trarti-:: Within ItDI
Ai\DT Vulllrn..:s
I'SDT Vollltll..:s
Lt:\'t'l ofS..:rvk..: (l.OS)
-1. Impat't or th..: propllst'd us..: 01\ a ITt't' It'd 1I1ajllr' thIlr'Ollghf~lI't'$, induding any :I1\1it'ipatt'd chang":$ ill kn.'llJr
$t'fvit'..: (LOS).
5. Any lH\Jpu$t'd illlprO\'l.'l\lt'lIts (tn lilt' silt' or tht' t'xlt'n\~11 right-of-way) su..:h as pruvidillg or t:lilllinaling:111
il\grt'ss/,t'gr..:ss Pllilll, Of pmvidillg tU\'1l or d~t'~l bll~s or ollll:r i IlIIJl'ovt'l1\t'nls.
G. Ikst'ribe ;lilY prLlpoSallo lllitigalt' lht' Il\.'gativt' impa..:ts 011 lht' transportation sysl\.'ll\.
7. For H,cl.ol1es Only: Stale how lhis r\.'qllcsl is cOllsist\.'lIl wilh the :1pplieabk polit'it:s ol"tht' TralTlc
Cirt'lll~ltioll EIcll\t'lIt(TCE) ortht' Growth M~ltl~1gemt'lIl Pbn (GMP), includillg polit'i\.'s 1.3, 1.4, .1-1,5.1,5.2,
7.2 and 7.3.
A i\l;tjor TIS shall address all or thc itcms listed :lIl{I\'l: (for a i\linor TIS, and shall also inchl(lc all analysis or
lhe I'ollo\\'in:;:
I. lLllt'rs\.'clioll Amlysis
2. l3ackgrouml Tranie
, Future TralT1C
-1. Tbrough Trani..:
5. l'bnnl:u.'Propost'u ltoalhl'J)' 11llpr\l\t'r1l\.'I\t
\1'1'1 IC \TIt),\ FllH 1'11\1.1(' Ilf'.\IU'\C FOI( "'1'\ \Il \IUl HF/O'F - ..I.. 1l.1
6.
Propo~cJ Scllcllulc (PhJ5ing) of Developmcnt
Agenda Item No. 8E
November 14, 2006
Page 27 of 86
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
The following standards shall be used in preparing a T IS for submittal in c o'njunction \V ith a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project:for each link within the
project's Radius of Development Influence (RDI) in conformance with the acceptable traftic
engineering. principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation
by the petitioner or the County justifies the use of alternative rates.
2. Trip Assignment: Provide a map depicting the assignment to the network,ofthosetrips
generated by the proposed project. The assignment shall be mack to all links within the RDI.
Both annual average and peak seasonal traftic should be depicted,
J. Existing Tra me: Provide a map lkpiclillg the current tranic conditions on all links \vithin
the RDI. The AADT. PSDT, and LOS shall be depicted ror all links \vithillthe RDl.
4. l.evel of Service (LOS): The LOS of a roadway shall be expressed in terms 01" the <lpplicallk
Collier County Gcnerali/.cd D:\ily S~r\'it:~ Volull\cS as s~tlorth in the TCl~ ortll..: GlvtP.
5. 1~:l<lillS of Development 1llll1lcI\cc (Rn!): Th~ TIS shall covcr the least of the following twu
areas:
a) an ar~a as set forth below; or,
b) the area in which tranic assignl1lents frum the proposcd pl'Ojcct on the major
thorough rares cxceeds one pcrcent 0 r the LOS "e",
Land Usc
Distance
Residential
5 tvl ilcs or as rcquired by DRl
Other (commercial, industrial, institutional, etc.)
0- 49,999 Sq. n. 2 Miles
50,000 - 99,999 Sq. !7t. 3 tvIilcs
100,000 - 199,999 Sq. 171. 4l\'lilcs
200,000 - 399, 999 Sq. ft. 5 Miles
400,000 & up 5 Miles
] 11 describi ng the RD 1 the TIS shall provide t hc In casurcmcnt i 11 l' o~\d miles from t h~
proposed project r:\ther than a geometric radius.
\1'1'1 1(' \Tlll.", F( ll{ l'l'Blle III-:\I(\\C FOlt ST \ \ I) \IW It ElO' F - ~ I ~ '0,\
6.
7.
8.
Aaenda Item No. 8E
N-ovember 14, 2006
I . \ 1 . A . . 1" . It:' II' . ~al ge 218 of 86
ntcrscctlOll f 11:-1 \'SIS: n Intersection an:\ YSIS IS rcqlllrC( lor::\ intersectIons WIt 1111 t \<;
ROt where the Sllm of the peak-hour critical lane volume is projected to exceed 1,2QO
Vehicles Pcr Hour (VPH).
Ibck2round Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares within the RDI of thc proposed
project shall be provided, This information shall be depicted on a map or, altematively, in
a listing of those projects and their respective characteristics.
Future Traffic: An estimate of the effects of traditional increases in tranic resulting from
potential development shall be provided. Potential development is that which may bc
developed maximally under the effective. Future Land Use Ele'mc:nt (FLUE) and the
Collier County Land Developmc:nt Code. This estimate shall be for the projected
development areas within the projects RDI. A map or list of such lands with potential
tranic impact calculations shall be provided.
9.
TIII"ough Traffic: At a minimum, incrc:ases in through trame shall bc adclrc:ssed through
thc year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional docut11t;ntation and b~1ckup data to sUJ1port the
estll1lation as \\'ell.
I ().
Plalllled/Proposcd H.o:ldw:\\' Improvcmcnts: All proposcd or planncd roadway
improvcmcnts locatcd within thc RDI should hi.: idcnti lied. A description of lhe f'ullding
cOlllmitmcnts shall also be included.
\1.
Projcct Ph:\sill!!: Whcn a project phasing schedulc is depcmkl1t upon proposed roadway
illlpro\'ClllClllS, a phasing schedule may be included as p~\1.t of' lhe TIS. If the lrartic
il\\p;\cts of' a projecl .Ire miligated through a pha~ing schedule, such a phasillg scheduk
may be made a coml[tion or,lliY approval.
~'
e.:,.
'f IS 1()1(~II(VII/IU;"1 10/17f')7
\1'1'\ I( 1 I'll)" l'Olt \'1 HI )(' IIF.\IU\(; FOil 'iT \\11 IHI) ItFlll\F, - ~ I~ OJ
Agenda Item No. 8E
November 14, 2006
. _ t-- Page 29 of 86
STANDARD REZO,VE APPLICATIOrr-/L ~
SUBiVlITTAL CHECKLIST r.:::
'1'1115 COl\IPLETED CHECKLIST IS TO 13E SUIli\J1TTED WITlI APPLlCAT10:\
PACKET!
REQUIREMENTS # OF r--;OT
COPIES REQUIRED 1~F.QUIIU~I
1. Completed Application 20*
2. Copy of Deed(s) and list identifying Owner(s) and all 2*-
Pnrtners if a Corporation
3. Completed Owner/Agent Affidayit, Notarizcd 2*
4. Pre-application notes/minutes.: 20*
2) Conceptual Site Plans 20* ><
6. En\'ironnlentallmpact Statement - (EIS) \II) C\ I V 0{"" 4
LD Aerial Photogn\ph - (with habitat arcas idcntified) 5*
8. Complcted Utility Provisions Statcmcllt (with requircd 4
attach mcnts and sketchcs)
.,@ Traffic Impact Statement - (TIS) 7
10. lIistorical & ^I"l:haeol()~ical Survey 01' Waivcr 4
A Ilplica tioll W C\''l vf'
II. Copies or State alldlor Fedcral Permits N/-A- 4
12. Architectural H.cllderillg of Proposcd Strllctllrc(s) 4
(!J) Elcctronic copy of all documcnts and plans 1
14. Applicatioll Fcc = $GOOO.OO pillS $25.00 per acre -
COlllprchcllsi\'c Plall Consistcncy I{c\'icw = S750.00
Fire Code Rcview Fcc = S I QO.GO
ell cd; shall hc made payahle to:
Colli('/' COIlI/!)' /Joal'd OfCOfllfllissiofl(,I's
~ Letter of 110 ohjectioll frol\llhe U.llitc<l States Postal 1
Serrice.
I (I. Otltcr l{cllllirclllcllls - . .
* ..\tlditilJn:l! DOClI1I1L'l1ls t'Cqllircd for (.oll:;-lbngc l'lanlling ({c\icw.
..\s thc alllhoril.cd age:lll/applicalll for litis pe:titiol1. I allc:st lklt all or tit" illlonll,ltiol1 i11l1icall:d 011 this dl,'ckli,( is
ilk'llI,led ill thi:; slIhmittal package:. lllmkrst:lI\d tlt.lt railmc: Il) induclc: al\ llc:e:e:ssary submittal illi'ormation m;IY rc'sttlt
ill tlte: dc:Lty orproce:ssillg this Pditiol1.
- 11
_:J-:..._---1+LLl ~. 1'''- \..
A~ nt/Appllcanl Signalllr~
/'\ '
, I.)
(~.j lA
r
!)-. , n ! / - ((' 5
-~~--
Dal(:
\I'!'III"IH1" Ftlllt't'lllll IIF\I{\"t;HII("r\'\\I\l\lll(r/(I\I'-II~II\
\ L-:> ~5'F.f:SSH-n.'
~\~"(>. ~~ 9JT/rp, ENGlNEE.
\::J / -
P4GE I)'
Agenda Item No~ 8E
N ov~r 1"'~ 2006
Page 30 of 86
3f.A-- 0 I. 3t
eS/13/:0e4 23:05
.e'3128~2ela<: 15: 55
Eo'59:-"'2~
<.J41S 327
G
ADDRESSING CHECKLIST
ple.ue complete the rollowine md submit to the Addressing Section for Review. Not all item. will G2h:JH
everv proiect. !tems ill bokl ~. are rcouired.
--
2. FoUl) (Property ID) ..mber(5) of above (attach to, or a:rs:1ciatc 'Wi/h. legal description lfmorc thart c,le)
DO ~"89()4000:;l. --
3. Street addres$ or addreues (as applicab! I, if already a,~signetl)
/4SD WhjfPClOtf?.UllLL / a..n~ __
--
4. Loe.tloD map, showing exact location ofprojectl~ite in Tt)ation to nel~t public road right-Qr.' ~'ay (af,Qch)
5. Copy ofsUn'ey (NEEDED ONLY FOR UNPLATIED PROPERTIES)
6. Proposed project name (if applicable) /1 WI, ~ p~-=-I koIO.......~ /VO ~
b:ctu 0 . . /)I Pp pOt!. WI LL - ~~'J ~d o...~ z.:.i.s -kIT) ~
7. PropOI~ Street name. (ifapplicabl_) / '
.~
8. Site Dcvelopmerlt Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP_ .
9. Petit!on Type - (Complete a scpuate Addressing Checklist for each Petition Type)
~ SDP (Site Development Plan)
SDP A (SDP Amendment)
SOP 1 (SDl' Inlubstarrtilll Change)
SIP (SilC Improvement Plan)
B SIPA (SIP Amendment)
SNR (Street Name Chantt)
o VegctationlExotic (Veg. Removal Permits) .
1i1 Land Use PetJ\iQn (Voricncc:. Conditional Use,
Boat Do<:k EJtt., Rcxone.rUO rczo~~c,)
o Other. De,cribe:. ,.:'
1 0, Proj~ or d~vc:.lopmenl nemet~po&ed fOI, or alreatiLappearing in. condo~in.iun' uocWl1cnUl C p.
8pphcablc; mdic:ate whetherpropo.ed orcxi,ting) ~~~ (.j;J~o JtJhjffO:-~WI,~
11. Plell51: Cheo::k One: Cllecklilt is to be Fa;o;~d Bacr- PtrSona.lly' Pickod Up--- . . ~.:....::.---
12. ~plh:aDt N..me. . n. l'boae _ Fmx~_ ~.J3:J.'1
13. SlV'Sture on Addressmg Checkhst c& not c tute Project and/or Street Name approval and j; &ubJe< t to
further review by the AddreAing Section.
FOR STAfF USE ONLY
Prima!)' Number G:,p ,'3
Addrc.s.t Number
Addre$s Num~
Add.reu Ntunber
o PPL (Plan$ & Plat Rcvj(;w)
o PSP (Preliminary Subdi...ia.ion PIal I
. 0 .. F? (Final 'PIli!)
8. LLA (~1l.ine Adjus:trnent)
. BL (BlqtinE; Pc:1Tnit)
8 ROW (Right-of.Way Permit)
EXP (Excavation Permit)
o VR9F.P (Veg. Rcnuov41 &. Site Fill Permit'
~.
Approved by ......vJ
rn~~Ch..~ Date q - c- '1 - 2J:/=-
~ 3.21-01
RZ-200S-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
Agenda Item No. 8E
November 14, 2006
Page 31 of 86
CA YO WHIPPORWILL
EV ALUA TION NARRATIVE
1. Whether the proposed change will be consistent with the goals, objectives. and policies
andfuture land use map and the elements of the growth management plan.
The proposed multifamily use is consistent with the growth manage~ent plan. The
project is in a density band that provides for up to 7 units per acre. Infill density increase
provisions are not being requested.
2. The existing land use pattern.
The existing neighborhood is a collection of primarily multifamily and townhouse
development.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
The rezone to RMF-6 multifamily for this parcel, which is surrounded by PUD's with
similar density and proposed use, will make it more consistent with adjacent zoning.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
This change will complement previous changes in the area which have been primarily
AG to PUD/rnultifamily.
5. Whether changed or changing conditions make the passage of the proposed
amendment (rezone) necessary.
The petition results in efficient infill for the area, most of which are in various stages of
build out.
6. Whether the proposed change will adversely irifluence living condilions in the
neighborhood.
The proposed change will not adversely influence the neighborhood.
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 affectpublic safety.
The low number of multifamily units will not create significant traffic congestion.
8. Whether the proposed change will create a drainage problem.
The proposed use will not create a drainage problem. The water management system will
be designed in accordance with SFWMD 25 year / 3 day criteria.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed multifamily usage will not seriously reduce light and air to adjacent areas.
RZ-200S-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
Aaenda Item No. 8E
N~ovember 14, 2006
Page 32 of 86
10. Whether the proposed change will seriously affect property values in the adjacent
area.
The proposed change should have a beneficial affect on adjacent property values by
making the zoning similar to all adjacent sites.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
The proposed change will not affect development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
Given the shortage of available multifamily units in Collier County, and the "in-town"
proximity of the project, the public welfare is well served and no special privilege is
granted.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The existing AG zoning is not fully compatible with adjacent uses, and the most efficient
use of the property is normal multifamily units.
14. Whether the change suggested is out o/scale with the needs of the neighborhood or
the county.
The change brings the parcel into scale with the adjacent parcels to the north, west, east
and south. All have similar density's and existing or proposed uses.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
There is a very minimal supply of other sites for multifamily development in the urban
area.
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 class.
The physical characteristics of the property are perfect for standard multifamily usage.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County Adequate
Public Facilities Ordinance [Code ch. 106, art. II], as amended.
The proposed units will have a negligible impact on adequate public facilities. Given the
shortage of units in Naples and the close proximity of the site to commercial and business
uses, there is actually a positive impact on existing facilities.
18. Such other factors, standards, or criteria that the Board of County Commissioners
shall deem important in the protection of the public health, safety, and ll'elfare.
There are no other identified factors or criteria of concern
Agenda Item No. 8E
November 14. 2006
Page 33 of 86
AFFIDAVIT
We/I, \.-to-"\.4. ~ M~ ~e ()./" being duly sworn, depos~ and say that well
amlare the 0 ers of the property described herein and which is the subject matter ofthe
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 ofthis 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 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.
B · ^/l a~Di [-- l3v*"\€r"
As property owner Well further authorize (lc;.,... \. l~S.~ ~ ~J to act
as our/my representative in any matters regarding this Petition.
>
Signature of Property Owner
> ~h.....(:. (\I\..."'s.......
Typed r Printed Name of Owner
>
Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this JO~ day of ~\ I.J ,
200~ by S-+~hC:U'lj-c:.. Mansour- who is~rsonally knnwn tn~
produced n J 'l.- as identification.
,
State of Florida
County of Collier
~=j(.ei~
(Signature of Notary Public - tate
Florida)
(print, Type, or Stamp Commissioned
Name of Notary Public)
.t.(l'V~ft',,,- Debbie J::. LlGJd
~W~. ';(orrtml~~#DDEl!E:i.
~~ ~e ~ oct:. 15".'.
~:'Xl w$ 'JaaIMIl n. .
""t4~n\,"''' !&nIk: 'BcI:Jdiac Ca., ta:.
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
~~1:L41:ttll:l5 .~~:..?3
9415551327
BUTLER ENGINEERING
PAGE El2
Agenda Item No. 8E
November 14, 2006
Page 34 of 86
AFFIDAVIT
we<t) Stephanie M. Mansour being first dilly sworn. d.epose and say that well
alii/are the owners of the property described herein al/d which is the subject ",aUer of the
proposed hearing; that all the answers to the questiolls in this application, including the
disclosure of illlerest information. all sketches, data. alld otl,er Sllpplementary matter attached to
lllld made a part of this application, afe honest alld true to tire best of our knowledge and belief
Well understand that the information requested on this applicatioll mllst be complete am1
accurate and tlrat the c01l(elll of this form, whether compllter generated or Calmly printed s/Jall
not be altered. Public hearings will 1/ot be advertised Wllilthis application is deemed complete,
and all required illformation has been submitteel.
As property owrrer We(j/urther muhorize Butler Engineering, Inc::.
as our/my represelll(l/jYe ill allY mallers regarding this Petition.
to act
Signllture of Property OWIIC!r
Stephanie M. Mansour
~:~-J-
T)J(1t:JC/ or Pr,iflftt'cfNcww o[ OWller
Typed or Printeel N",,,e oj OWller
T/rejorC!goirrg'illstrllllumt WClS ackl'lowletigad before /1HZ tlris .~ day of.. No
2005-. by .:s-+eohanl~ ~{.L..r- who is prtrso",illy k"owlI to me! or has
~\-A- ' us idemificatioll.
ror/ueed
(Signature of Notary Public - StC/te 0
Florida)
.Debbie X. L10Jd
:".......k~ltm #DDU&35
. ~~~DSt
M.IIDiic Bmdiug Ca., !!r.
(Prillt. T:vpe. Of' SUlmp Commissiofled
Name of Notary PI/bUe)
,\l"l.'I.I<".\TIOI'l FOI( fl'nuC IIr.AH.INr. fOR STA"'I),\I(I) Rf:1.0'\F. _ <1/1<1/0;\
Rz.. 2005-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
-NO. 694S-P. ,
*** 3566415 OR: 3ttl~~~~411~~***
RlCORDID in Ornm.L UCORDS of coafit8cOnff,8ft
02/28/2005 at 01:54'. DIlGIT I. BIOCI, CLIRI
CO'S 875000.00
lit III 10.00
DOC-.7t 6125.00
~
FEB, 18.2005 4:48PM
~ AppNIa11
PII'IIII I6la1Wl... No.
~
nriI........ - JIl'IllINII
.................. .rli1ltltr
......J. ~
Oudry.......
..,......... W
&21 l'I1'dlA........
NIl*. RIria ~10'1
(Z]f) 2lS143OQ
letn:
BOlli SClOIDCI i IIIG
26811 SOUTH BAt Dl '200
BOll'l SP1IIG8 rL 34131
IiDIce .... _1IIOe .. ..... dID)
Yi4JltAN'O' p!!IIQ
nos WJ.JUV.NrY DDD,... tb. ~~or~. 200S, '" &I 'VIew. u.c". JIeddt.
...... ......, -..., (1iDp&.:ly or coIIlIcdwI1 ~ ., uc ~ L.L.C.. . J1Irida
......1IlIIlmCj ..... ..... pioIt e5ac Iddrfa it 6604 Ii, .* >>me. ~ J."IcDIa "'101
(~oroolllll:ctwll7~
(WbI:mw..s 1rrINiD, a. tmDI "Oam6lIr" ad -ona.e- iDahIde 11\ pati8l1O tbia mr.a-tudlk
belft, \ep1 ~........) .
wma!SSEl'R; Tbat_ana..r.fOr_lZL~otCblllllDorrmDol1la(S10.oo) w1G111rer
vabWo-'. r'i.,.t'IlllClipI.afftick.Mnl:Iy~batr,y...... bIrpiaI,......u-..--..
~ -...1IId~.oeollalr ar...c,1D _0ClIia . m CallilrCoualJ.!1.oIWI, *
TOGJ!':1'HD..wllb tJ.ldlo ~.
~
TO HA VB AND TO 1tOtD, It.
AND, .. o...c.- ....,
ill toe aa.pM; ..... c:a.... pa4
Mnb)' IuDy ....... .... tit ....
~, .....IIiIta.d ill he
..... ad -.: ,I:rrlb~ ......flly
IIIIldtri&:iaa, IlI4 .. . all, ... _
IN WITNIlSS WH!!RSOF', ca--
wrtt.o.
~A1EOP PLCIUDA
COUNTY OP CX>>:.UBR
"1nPIc iGIUVIUIIl WII~WlRIIII~/z,;- dIy orA::aR~2OCl5, by
LiDU. It... "'-~ ~ =.. w-aes- or... 'YIIlw, u.c., a JlrM1IIa ...... \It.bIIII.J
c:cIIIIpM;)', 'IIfIIo to _ ..... ~ . ..
~1tiOo..
~&n
N01'
N_
cr.
M7
".\...~_V"u.c\...~.....
R HACItHI!:Y
~ PuIIMc - .. riI AlIlilIa
~e-.Naw4."
COlli""""" . DD1 Ul'13
IIondIIIcl Br HItIanII Nolaty Alan.
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
POOR QUALITY ORIGINAL
". ' .~)
Agenda Item No. 8E
November 14, 2006
Page 36 of 86
Florida Limited Liability
SJC WHIPPOORWILL, L.L.C.
PRINCIPAL ADDRESS
6604 RIDGEWOOD DRIVE
NAPLES FL 34108 US
MAILING ADDRESS
6604 RIDGEWOOD DRIVE
NAPLES FL 34108 US
Document Number
L05000015160
FEr Number
NONE
Date Filed
02/14/2005
State
FL
Status
ACTIVE
Effective Date
NONE
Total Contribution
0.00
Registered Agent
Name & Address
MANSOUR, M
6604 RlDGEWOOD DRIVE
NAPLES FL 34108
Manager/Member Detail
Name & Address II Title
NONE I
II
Annual Reports
Report Year II Filed Date
I'
http://www.sunbiz.org/scripts/cordet.exe?al =DETFIL&nl =L050000 15160&n2=NA1\1FWD... 5/9/2005
Details
Page 1 of 1
Agenda Item No. 8E
November 14, 2006
3~i(e.NI of 86
,.-. I
~
. ,-.
Current Ownership
Property Addressll1450 WHIPPOORWILL LN
r
Folio No.11 00288040002 M<m U
Owner Name SJC WHIPPOORWILL LLC
Addresses 6604 RIDGEWOOD DR
CItv NAPLES II State II FL II ZIDI 34108 - 0000
I Legal 118 4926 51/2 OF 511. OF
NW114 OF SE114, 10 AC OR 1564
PG 2102
I Section \1 Township ~ Range 1\ Acres
18 49 26 10
I Sub No. I 100 ACREAGE HEADER
..f{Ij Use Code 99 NON-AGRICULTURAL ACREAGE
~.
Map No.
4818
I Strap No. I
492618046.0004618
"?l MllIium
12.8115
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value S 742,500.00
(+) Improved Value $ 0.00
(=) Market Value $ 742,500.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 742,500.00
H Homestead and other Exempt Value $ 0.00
(=1 Taxable Value $ 742,500.00
Date Book - Paae Amount
02 I 2006 37-41- A.114 $ 875,000.00
04 I 2000 2-Q!i_~ $ 260,000.00
SOH = .Save Our Homes. exempt value due to cap on assessment
increases.
trr:EII1i
- . ."
The Information is Updated Weekly.
http://www.collierappraiser.com/RecordDetail.asp ?F olioID=0000000288040002
5/9/2005
Electronic Articles of Organization
For
Florida Limited Liability Company
Article I
The name of the Limited Liability Company is:
SJC WHIPPOOR\VILL, L.L.C.
Agenda Item No. 8E
L<15OmJrJ~~1~~
FILErJ~nO'1X1W
February 14, 2005
Sec. Of state
jbryan
Article II
The street address of the principal office of the Limited Liability Company is:
6604 RIDGEWOOD DRIVE
NAPLES, FL. US 34108
The mailing address of the Limited Liability Company is:
6604 RIDGEWOOD DRIVE
NAPLES, FL. US 34108
Article III
The purpose for which this Limited Liability Company is organized is:
ANY AND ALL LAWFUL BUSINESS.
Article IV
The name and Florida street address of the registered agent is:
STEPHANIE M MANSOUR
6604 RIDGEWOOD DRIVE
NAPLES, FL. 34108
Having been named as registered agent and to accept service of process
for the above stated limited liability company at the place designated
in this certificate, I hereby accept the appointment as registered agent
and agree to act in this capacity. I further agree to comply 'With the
provisions of all statutes relating to the proper and complete performance
of my duties, and I am familiar with and accept the obligations of my
position as registered agent.
Registered Agent Signature: STEPHANIE M. MANSOUR
Signature of member or an authorized representative of a member
Signature: JAMES D. DATI
Agenda Item No. 8E
November 14, 2006
Page 39 of 86
110-1:0
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Agenda Item l\lo. 8E
i\lovember 14,2006
Page 40 of 86
~
\J!Y
STA TEl\IF.NT OF UTILITY Pl(OVISIO~S FOR STANnARD REZONE REOUI~ST
1.
NAl\IE. OF APPLICANT: Rr , an M rln 5()ll"r
l\IAILlNG ADDRE.SS: ~ &. [;4- l'l;djet-\.){ID.d ))r
CITY N (1 {J Ie-s- STAT!:: ":.;:;- L ZIP 3'L{"/ 0 ;J
I
:\DDIlE.SS OF SUBJECT PIlOPERTY (IF t\ VAILABLE):
2 .
"~
3 .
/450. \,\Jh; Il1(1(II-L\J'II) Cn.nr:.:-
Nnnl~-c; ~L_.
f J
-1, lyeA\. IH:SCIUPTIO:\,:
Set: Ii () 11:
I S
TO\\llsl1ip: ,~-/-(}
I t:lll;.:e:
JCt
I .0 I:
Blod~: .
S II h<l i vis in II:
I'LI( Book IGL~LJ Page II: ,~I(,l~^ l'ropu(y I.D.II: 00.;:;< S'5!{V'JCO[) J"
i\ Ides ..\.: Boulld:> Deseriptioll:
c' \/..
...) ",2
[, (. 1/
C,. , ,-,>;).
(\
(,-i
01'
N IN \)'l i
- \1
.-: - -
->'- .,
5. TYPE OF SI':WAGE DISPOSAL TO BE I'IZO\'IDi':l> (Check applicable systelll):
C1.. COUNTY UTILITY SYSTl':i\I .::tel
b. CITYUTILlT\,SYSTEi\1 0
c. FIZANCIIISED UT[LIT\' SYSTEi\I 0
I'IZO\'IDE NA[\IE
d. I't\C[\.~\GE Tn.EATi\II':l\T l'LAl\T 0
(Cl'\) capacity)
e. SEPTIC SYSTEi\! 0
6.
TYPE OF \VATER SEll\'ICE TO HI.: 1'[\0\'11)[1):
a. COUNTY UTILITY SYSTL\I
b. CITY UTI LIlY SY'ST[~l\l
c. FI\Al':CII ISED UTI LITY S\'STEi\ I
I ) EO \' II) E N ~\ [\ II~
d. I'IU\'ATE S\'STEi\1 (\\'1':1.1.)
: ~- ... .~
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7.
TOTAL POPULATION TO BE SERVED:
')1
Ag~\~. 8E
November 14, 2006
Page 41 of 86
8. PEAK AND AVERAGE DAILY DEMANDS:
A. 'YATER-PEAK \~G:, 21. AVERAGE DAILY 1 0 '&~
B. SE\YER-PEAK qz.o+ AVERAGE DAILY /0 COO
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO BE REQUIRED: ,).l>J ?A~~
1 O. 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.
11. COLLIER COUNTY UTlLlTY DEDICATION STATEMENT: [f the project is
locatcd within the serviccs boundaries of Collier County's utility scrvice system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water dislribution and sewage collection facilities \vithin the project area upon
compktion of the construction of these facilities in accordance with all applicabk County
ordinances in effect at the at time. This statement shall also include an agrcement that the
applicable system dcvelopmcnt charges and connection fees will be paid to the County
Utilities Division prior to the issuancc of building permits by thc COllnty.lf applicable,
thc statemcnt shall' contai Hshall contain an agrecment to ded iGate the appropriatc uti I i ty
easemcnts for serving the water alld scwer systcms.
12. STATEMENT OF ^ VAILABILlTY CAPACITY..FROl\I OTIIER PROVIDERS:
Unless waived or otherwise providcd for at the pre-application mceting, if the project is
to r eeei ve sewer 0 r p olable water services from any provider other than thc County, a
statemcnt from that provider indicating that there is adequate capacity to serve the project
shall be provided.
\'lil;l,. 1'1"<1\'h;<l11 SI;ltCl1Il'1I1 ILI:'ol I U!l7/'J7
\1'1'1.1('.\'1'11)'\ FOI{ 1'1'1111(' III' \lU'\C: F(llt ST \:-ill \HIl HE/.O'\F -~.'l~:O.'
CAYO WHIPPORWILL
PEAK HOUR DIRECTIONAL TRIP SUMMARY
TABLE 1 TOTAL PM PEAK HOUR PROJECT TRIP GENERATION
LAND USE ITE CODE UNITS RATE PEAK HR
AVTE TRIPS
RESIDENTIAL 230 59 0.54 32
TABLE 2 ENTER/EXIT BREAKDOWN OF TRIPS DURING PM PEAK HOUR
LAND USE TOTAL PERCENTAGE PM TRIPS
TRIPS ENTER EXIT ENTER EXIT
RESIDENTIAL 32 65 35 20.8 11.2
EAST BOUND TRIPS - PINE RIDGE ROAD
WEST BOUND TRIPS - PINE RIDGE ROAD
15
6
3
8
J. RY BUTLER, PE 35479
11/9/2005
Agenda Item No. 8E
November 14, 2006
Page 42 of 86
BUTLER ~
. . .
engineering, Inc.
Agenda Item No. 8E
November 14, 2006
Page 43 of 86
RZ-l00S-AR.8039
PROJECT #2005060046
DATE: 7/21/0S
KAY DESELEM
June 15,2005
Ms. Ray Bellows .
Collier County Planhing Services Department
2800 North Horseshoe Drive
Naples, FL 34104
Re: Cayo Whippoorwill
Dear Ray,
This letter is sent to request a Historical Survey waiver on the above referenced project. Please
let me know if you have any questions or need additional information.
364-01.30
2223 TRADE CENTER WAY NAPLES, FLORIDA 34109
TELEPHONE (941) 566 - 3636 FAA (941) 566 - 1327 Email PBUTLER202@AOL.COM
Agenda Item No. 8E
November 14. 2006
Page 44 of 86
,,:;;:J UNITED STIJTES
POSTIJL SERVICE
-June 17., 2005
~2005-AFl-8039
PROJECT #2005060046
DATE: 7/21/05
KAY DESELEM
-- Debbie Uoyd
- Butler Engfueering, ~Inc.
'2223 Trade Center Way
NapleS, F-lOOda.34 I 09
Letter -ofnG objection,
/..- - --
Cayo WhippeIwill.
The- Postal'Service has no objection to -delivery in your development, pending the mode of delivery-in
which we will establish in accordance with your approved P.D.D.
Sincerely,
~SW~
Bob Skebe
Growth Management
NAP1.ES MAIN OFFICE
{ , . .. .
'1200 GOOOLETrE RD N
NAPlf:S; Ft. 341f)2..ggga
.. Agenda Item No. BE
'HOOVER PLANNING & DEVELOPMENtOM€~ci ~f~~ .
Land, Environmental & Traffic Planning Consultants
3785 Airport Road North, Suite B-1, Naples, Florida 34105
PROTECTED SPECIES SURVEY (PSS)
Project:
CAYO WHIPPOORWILL
SECTION 18 TOWNSHIP 49 SOUTH, RANGE 26 EAST
APPROXIMATELY 9.86 ACRES
Presented to:
COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Dated:
Revised:
November 8, 2005
RE-SUBMITT AL
~2005-AFt-8039
PFtOJECT #2005060046
DATE: 11110105
KAY DESELEM
Agenda Item l'la. 8E
Ca~~n%OotmIf006
Protected Spedf'iS~ts'e1f 86
Page 2
INTRODUCTION
The purpose of this report is to detail results of a protected species survey conducted on the Cayo
Whippoorwill parcel in November of 2005 by personnel from Hoover Plmming & Development,
Inc.
LOCATION
The Cayo Whippoorwill property is located approximately % of a mile south of Pine Ridge Road
and immediately east of Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East,
in Collier County, Florida. See attached location map. The parcel totals approximately 9.86
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 Concem-
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 1 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.
EXISTING SITE CONDITIONS
Temperatures during the fieldwork for this survey were in the upper 70's. The weather was
cloudy. Approximately 3 man-hours were logged on the property during the species survey.
Table 3 details dates and times spent in the field for this survey.
GIHP P,oje<! File.\300'.\3&9.Environmenlal A..eumenlS 3\Jg9-G70 Whipporwill FPL SiteIP,otect'" Species Survey.doc
I
Agenda Item No. 8E
Cay[;JWhmR~r 14'1;2006
1~8 fJFtJ: bf 86
Protected SpecIes urvey
Page 3
The property is surrounded by development and remaining habitats on the parcel are highly
disturbed. Additionally, the site is bisected east-west by a 170' FPL easement leaving30' ofthe
parcel south of the easement and 125' north of the easement.
The property has the following surrounding land uses:
West Whippoorwill Lane
North Residential Development (Mariposa)
South Residential Development (Stratford Place)
East Residential Development (Stratford Place)
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.
Pine Flatwoods, FLUCCS 411. 1.22 Acres
This community is dominated by slash pine in the canopy. Midstory includes scattered
saw palmetto, myrsine, and buckthorn. Other vegetation present includes grapevine,
poison ivy, Spanish needles, broom sedge, scattered cypress, Caesar weed, and smilax.
Disturbed Lands. FLUCCS 740.3.42 Acres
This classification is makes up the majority of the property north of the FPL easement.
Much ofthis area was historically cleared; the remainder is dominated by a variety of
exotic trees, such as ear leaf acacia and Australian pine. Midstory is absent.
Groundcover vegetation includes bahia, sandspur, Spanish needles, grapevine, and dog
fennel. Many of the trees in this portion of the property were toppled by hurricane
Wilma in October.
RoadROW, FLUCCS814, 0.30 Acres
Whippoorwill Lane and its associated ROW make up the western boundary of the
property. The ROW includes curb, sidewalk, and sod.
FPL Easement, FLUCCS 832, 4.92 Acres
This classification makes up the majority of the property. Vegetation has been mostly
cleared from this area, although scattered slash pine and exotic trees are found along its
north line, Groundcover vegetation is typical of disturbed areas and includes Spanish
needles, sandspur, acacia, bahia, broom sedge, and grapevine.
RESULTS
The various protected species which may occur in the corresponding FLUCCS communities are
shown in Table 1. All animal species observed on the subject parcel are detailed in Table 2. See
attached drawing entitled "Cayo Whippoorwill-Protected Species Survey" for representative
survey transects.
GIHI' Project File.\300'.\389-Environmenla' Asse.sments 3\389-070 Whipporwill FPL Site\Proteacd Species Survey.doc
Agenda Item No. 8E
Ca~ 'WJJ:w~n~i~I~006
P d " Clae 40 bf 86
rotecte SpeclesiSurvey
Page 4
No animal listed soecies (or signs thereof) were observed. Several common wild pine
(Tillandsiafasciculata) were observed in trees in the pine flatwoods on the parcel.
DISCUSSION
Gopher Tortoise
This property is located in a higWy developed area with an extreme amount of human activity.
The remnant habitat on the property is of poor quality for gopher tortoise, with limestone near or
at the surface and no habitat on adjacent properties.
Wild Pine (Jillandsia fasciculata)
These individuals will need to be relocated prior to clearing the parcel.
G:\HP Project Files\300's\389-Environmentll.l Assessments 31J89-G70 Whipporwii1 FPL Site\Protected Species Survey,doc
Agenda Item No. BE
November 14, 2006
Cayo WhlpPQGnwJUlf 86
Protected Species Survey
Page 5
Table 1. Protected species list according to FLUCCS category.
FLUCCS Potential Listed Species Scientific Name Desi2na ted Status
FWC or FWS
FDA
411 Beautiful Pawpaw Deeringothamnus pulche/lus E E
Big Cypress Fox Squirrel Sciurus niger avicennia T -
Eastern Indigo Snake Drymarchon cora is couperi T T
Fakahatchee Burmannia Burmannia flava E -
Florida Black Bear Ursus americanus floridanus T -
Florida Coontie Zamia floridana C -
Florida Panther Felis concalor coryi E E
Gopher Frog Rana capito SSC -
Gopher Tortoise Gopherus polyphemus SSC -
Red-Cockaded Woodpecker Picoides borealis T E
Satinleaf Chrysophyllum oliviforme E -
Southeastern American Kestrel Falco sparverius paulus T -
Twisted Air Plant Tillandsia flexousa E -
Common Wild Pine Ti/landsiafascicu/ata E -
740 Burrowing Owl Speotyto cunicu/aria SSC -
Gopher Tortoise Gopherus polyphemus SSC -
814 & 832 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/S imilarity of Appearance
SSC=Species of Special Concern
C=Commercially Exploited
G:\HP Project Fil.sl300's\J89-Environm.ntal A...ssment. 31389-G70 Whipporwill FPL Si.e\Protected Speci.. Survey.doc
,A.genda Item No. 8E
CayS'JWfi rnRl1b .lful j2006
'!='l~o.e' ~j(j bf 86
Protected SpecIes 'Survey
Page 6
Table 2. Birds, Mammals, Amphibians, Reptiles, & Plants Observed on the Subject Property.
Birds
Common Name
Scientific Name
Observation
T e
DV
DV
DV,HV
DV,HV
Listed'?
Status
Black Vulture
Common Grackle
Moumin Dove
Northern Mockin
Mammals
Common Name Scientific Name Observation Listed? Status
Type (Y IN)
NONE
R t'I
epll es
Common Name Scientific Name Observation Listed? Status
Type (Y IN)
Brown Anole Anolis sagrei DV N -
h'b'
AmPI I lans
Common Name Scientific Name Observation Listed? Status
Type (YIN)
NONE
Plants
Common Name Scientific Name Observation Listed? Status
Type (Y IN)
Common Wild Pine Tillandsia fasciculata DV Y E-FDA
Abbreviations:
Ag.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
DV=Direct Visual
HV=Heard Vocalization
OT=Observed Tracks
OH=Observed Hole\Burrow
MT=Marked Tree
C=Cavity
G:\HP Project filesIJOO's\389.Environmenal Assessments 3\JlIQ-G70 Whipporwill FPl Site\Protected Species. Survey ,doc
Agenda Item No. 8E
CayiJl~~oMjlf006
Protected Spedfe~~k%~f 86
Page 7
Table 3. Field time spent on the subject property
Date Start Time End Time Hours Task
November 1, 2005 2:00pm 5:00pm 3 Soecies Survey
Total 3
Table 4. Representative vegetation by FLUCCS community on the Bous Building Parcel.
NAME
COMMON
NAME
STRATUM
411- Pine Flatwoods
Common
Pinus el/iotti
Smilax spp.
Urena [obata
Vitis rotundifolia
pine (slash pine)
smilax
Caesar weed
muscadine grape
canopy
vine
ground cover
vine
Occasional
Bumelia celastrina
Serenoa repens
Acacia auriculiformis*
Bidens pilosa
Taxodium ascendens
buckthorn
saw palmetto
ear leaf acacia
Spanish needles
pond cypress
mid-story
mid-story
canopy
ground cover
canopy
* invasive exotic
NAME
COMMON
NAME
STRATUM
740 - Disturbed Lands
Common
Acacia auriculiformis.
Cassurina spp.
Bidens pilosa
Paspalum nota/um
C enchrus incertus
Urena [obata
ear leaf acacia
Australian pine
Spanish needles
bahia grass
Coast sandspur
Caesar weed
canopy
canopy
ground cover
ground cover
ground cover
ground cover
*invasive exotic
G:\HP projeet Files\300',\389-Environmemal Assessments 3\389-G70 Whipporwill FPL Si.eIProtected Species Survey.doc
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engineering, Inc.
Agenda Item No. 8E
November 14, 2006
Page 55 of 86
January 23, 2006
Ms. Kay Deselem, AICP
Collier County Planning Services
2800 North Horseshoe Drive
Naples, Florida 34104
RZ-2005-AR-8039
PROJECT #2005060046
DATE: 1/25/06
KAY DESELEM
2ND RE-SUBMITTAL
Subject: Cayo Whipporwill Rezone
AR 8039
Dear Kay,
The following is in response to the environmental comments dated 12/30/05.
1. Revise calculations to 2 decimal places.
Calculation revised to 0.18 acres
2. Preserve shown on site plan does not meet GMP/LDC requirements to create largest contiguous preserve
that connect with off site preserves. The Mariposa project to the north has a preserve that is contiguous
with the 411 pine flatwoods in the north of this parcel. This area is high quality and must be preserved to
mee the above requirements. Please designate a minimum of 0.183 acres that is as large as possible
(-JOO'x80.) in the NE corner of this project.
The eastern half of the pine flatwood area has now been labeled as preserve.
Please call with any questions.
~.,
RECE\\4E\)
j~N 7. 4 '200&
2223 TRADE CENTER WAY NAPLES, FLORIDA 34109
TELEPHONE (239) 566 - 3636 FAX (239) 566 - 1327 Emall PBUTLER202@AOLCOM
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PRE-APPLICATION MEETING NOTES
REZONE - STANDARD ~tv..D
Agenda Item No. 8E
NO}P1; 1f1r;~O
. ~
Date:~ Time: )...: 1'5' Firm: K:OJA -t+~VVVF:S
Project Name: KO-YI \.-\-OVVl.E'L< <R~..2i)N ~ \
AppUcantName, ~ ~ Phone, 3{)L/-<:2,3CJ~
OwnerName:"p~ VI€10 LL '
Owner Address::;;p 0 1SDX ~C:, 0 B Phone:
Meeting Attendees: Planner:'1<o blr-.{ \V\E..{ f5fZ..
('(\",-n(\~ <;dt~\~ ~ UIJr:rl'~ y&J
IJ;.I ,,4et.8-- A)I(}\ CIl S..tWW/PA
,~,:~~ ~ t"\:' _1,_.. i (.....;r~":" (t Vv"~'<)
Submittal Requirements (refer to application for additional requirements)
20 Copies of the following:
(0 1 additional set if located in the Bayshore/Gateway Triangle Redevelopment Area)
gj Completed Application
~ Pre-application Meeting Notes
Conceptual Site Plan 24X 36" and One 8 Y2 X 11" copy
PUD document and Master Plan
2 Copies of the following:
t2J Deeds/Legals
~ List identifying Owner & all parties of corporation
~ Owner/Agent Affidavit signed & notarized
t8J' Completed Addressing Checklist
4 Copies of the following:
.:E:J~ Environmental Impact Statement (ElS) or waiver
IZI Historical Surveyor waiver request
o Utility Provisions Statement w/sketches
o Architectural rendering of proposed structures
o Architectural Review required
D Survey, signed & sealed
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Seven (7) Traffic Impact Statement (TIS) or waiver fll-'f b t-,.J,
Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" ;:: 400'
One (1) Electronic copy of all documents and plans (CDRom or Diskette)
One (1) Letter of no objection from the United States Postal Service. Contact Robert M. Skebe
at (239) 435-2122
~2005-A.Ft-8039
PFtOJECT #2005060046
DA.TE: 7/21/05
KAY DESELEM
"
Agenda Item No. BE
t~ovember 14. 2006
Page 58 of 86
<;}_n. _ l booe 1, d.-6 Ac..f\€..
~",J.AJ ~ E. 1
Application Fee: D $10,000 + $25 per acre (plus Property Owner Notification fees)
D $8,000 amendment + $25 per acre
Fees:
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$150.00 Fire Code Review
$2,250.00 Comprehensive Planning Consistency Review
$500.00 Pre-application fee (to be credited toward application fee if submitted within 9 months of pre-application
meeting.
$681.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily
News).
$205.00 Legal Advertising Fee for BCC meeting
$1600.00 Environmental Impact Statement review fee
* Property Owner Notifications $1. 00 Non-certified; $3.00 Certified return receipt mail
( to be paid after receipt of invoice from Dept. of Zoning & Development Review
Fee Total $
Meeting Notes
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Revised May 5, 2004
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Agenda Item No. 8E
November 14, 2006
Page 60 of 86
NEIGHBORHOOD INFORMATION
MEETING (N.I.M.)
DATE: 11/2/05
TIME: 5:30 P.M.
LOCATION: Hawthorne Suites of Naples, Cypress Room,
3557 Pine Ridge Rd. Naples, FL
SUBJECT: "Cayo' Whippoorwill Rezone-2005-AR-8039"
*IN AN EFFORT TO CONTINUELY IlvfPROVE UPON THE PUBLIC
NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE
YOU INFORMED OF TODAY'S MEETING?
1. Mailing.
2. Newspaper ad
3. Other
Address
PUBLIC NOTICE
PUBLIC NOTICE
Agend~Yl~~'r\Jglt~""'C'. :' ,,~ .
. November 14, 2006
NEIGHEs'ORHOOD INFORMATltJN MEETtNG
~ . ~~
The public is invited to attend a neighborhood meeting held by Gary Butler, of
Butler Engineering, Inc., representing SJC WhippoorWill~ L.L.C. on:
Wednesday, November 2, 2005 at 5:30P~M. at
Hawthorne Suites of Naples, 3557 Pine Ridge Road, Napies
.. .!..~
Subject Property: Ten acres at: 1450 Whippoorwill Lane, located % of a mile
South of intersection with Pine Ridge Road.
PINE AIR
LAKES
12
7
UNIT 35
IIINEYARO
8
SUlAMERWlND
ASTRON
PLAZA
,;
. .;j
I ,\
KENSINGTON
. PARK
10
,...
17
UNIT 33
4
13
<(
HAWI<'S RIDGE
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The property owner is petitioning Collier County to rezone the property from
"A", Agricultural to "RMF-6", Residential Multi-Family.
WE VALUE YOUR INPUT
Business and property owners, residents and visitors are welcome to l;lttend
the presentation and discuss the project with the owner/developer and Collier
County staff.
If you are unable to attend this meeting, but have questions or comments, they
can be directed by mail, phone, fax or e-mail by December 2, 2005 to:
Linda Bedtelyc~, Community Planning Coordinator
Community Development & Environmental Services Administration
2800 North Horseshoe Drive, Naples, FL 34104
(239) 213-2948 Fax: (239) 403-2395 lindabedtelyon@colliergov.net
October 25 2Q1
Agenda Item I'Jo. 8E
t~ovember 14. 2006
Page 62 of 86
AFFIDA VIT OF COMPLIANCE
I hereby certify that pursuant to Ordinance 03-55. of the Collier County Land
Developmcnt Cocle, I did give notice by mail to thc following property owners and or
condominium and ci\'ic associations whose members may be impacted by the proposed land use
changes at their current address as shown by the records of the Collier County Property Appraiser
of an applic~ltion request for a rezoning, PUD amendment, or conditional use, at least ten days
prior to the scheduled Neighborhood Inform;.Jtion Mceting. The said noticc contained the
laymen's description of the site property of proposed change and the date. time an~ place of a
Neighborhood Infomution Meeting.
Per attached lctters and or property owner's list, which are hereby made a part of
this
Affid;lvit or Compliance
PROPERTY iD
USE CODE riAfiiE1
99 WH!PPOORVv'tLL PINES ASSOC L TD
99 DjMC HOr"iES LLC
99 DJMC HOrviES LLC
99 DjMC HOMES LLC
99 DJiviC HC1f\4ES LLC
00286.120005
002e-6760009
00286800008
00286840000
00286960003
00287120004
o \;VH1PPOORWiLL PiNES ?,SSOC L TD
99 WH!PPOOR'vV!ll Pit-JES ASSOC L TD
00287800007
00287960002
00288040002
99 \liHiPPCjOR\t\IlLl PiNES ASSOC L TD
99 SJC WHiPPOORWILL LLC
94 TiiTFfST OF FL
7 DREiSCH TR, G NORMAN
4 PJ.l.,f.,V',SKE'N!CH, WILLIAM V
4 SWANSTROM, RiCHARD C
00288080004
00288160005
29271000182
29271000205
2927;000221
29271000247
29271000263
29271000289
29271000302
29271000328
4 KEt~T. \:;L#~RK
4 YOST, MiCHAEL G=& MARlA L
4 KENNEDY, SHARON
4 COUTURE, JOHANNE
4 DONOVl',N. DONNA
4 KOER~~ER, RONALD E
29271000344
29271000360
4 8UREto!l,CK, L';\l\fF~E~~CE
4 FOR I ESTER, CLAyTON M=& BETTY J
4 COb:RENTE, R!CH,~,RO G
4 LOMBARDI. CHARLES F=& JANET .A.
29271000386
29271000409
29271000425
29271000441
4 KOZJOL: t-J1AR'{P.\L~CE
4 GHANDR.ASEI<ARAN, SA TiSH
29271000~167
4 z;.1tB.AL~~, Jj~..ttv1E=~" S'JSfb..J~l~'1
4 MART\r-~, BRYAN
29271 Q00483
29271000506
28271000522
4 GREEt~LEE. G:t.1RY V
4 FOR!ESTER-BROWN, KIM
4 KOPLOY, i-Le.:RR~{ S
4 GUKEL8ERGER .JR, THOMAS F
4 CIURZYNSKI, Al/"J~ R
4 DOLANCH, ROGER=& PATRICiA A
4 PP..RKER, JEFFERY R=& MP.,R!E D
4 STROBEL, JEAN L
4 J/i.,LBERT, JOSEPH R
4 PARKER, JEFFERY R=& MARIE D
4 V,tl,UGURSKA LEN!<'~A,
4 MADDEN, GEORGE=& JOANN
4 Ln. CHftlPELLE TR. RC)SE
29271000548
29271000564
29271000580
29271000603
29271000629
29271000645
29271000661
29271000687
29271000700.
29271000726
29271000742
29271000768
4 WiLLIAMS, ROBERT B=e... DE8RA J
4 MOOR.EHEAD, TIMOTHY E
4 BLAZlt{A_. GABRiELLE .A~
29271000784.1
29271000807
29271000B23
29271000B49
4 tv~OSER.: t'itiOIR,A.
4 8EC:;(ER: EUGE~~E=8~ rv1.ARtr~.A
4 C,.!:..L,t:.NELA,. ,~NTHONY M=& DAN!ELLE
29271000865
.~rl"-,"7~ r,l",r.{'.t;..;
L- ~ L! ! L' !..H_H_H_l !
4 G.A.RR;C:r( Tt-H)rv1.AS \lV=I~ DCJr"~f~A A
29271000904
4 t::~BLE'Y. JER()LD 0
rtr\....-;..; ",-,r,r,J".r,
L~~ ( I \JUU:::JLU
29271000.9,1,6
29271000962
4 TAR.R.: STEVEt.~
4 B~LLY. RHO~~J[jr.!l, r~~
4 t~E\/'JSCjrv1E. BR.A[JLE'",' [)
Agenda Item No, 8E
. November 14, 2006
Page 63 of 86
... '-
~&-
121
Agenda Item No. 8E
November 14, 2006
Page 64 of 86
29271000988
4 VtJC:ET(JV~C .jH~i=& t~J!SERt~
29271001000
4 SAt'!iPSC)f~, TCi[lD
9,1 STRl~,TFORD PL f,/Lll,STER ?\SSOt~ if~~C
o PH~EHURST ,li,T STR/~,TFORD PL.I.\CE
87 STRATFORD PL fv'1ASTER r:\SSOC lfJC
97 STRl.\TFORD PL i\.tl1,STER ,ASSOC !t~C
97 STR/\ TFORD PL fvlASTER ,.a,SSOC ir~C
o PUL TE HOrviE CORPOR/~\TiC'N
95 STRtA.TFORD PL rv;,:\STERASSOC ~r~C
95 STRATFORD PL ivi,.6.,STER ASSOC !NC
75020000028
75020000044
75020000060
75020000086
75020000-109
7502000014-1
75020000195
75020000206
75020000222
95 SiR.A.TFORD PL fv1;\STER ,A.SSOC n\jc
94 STR.A TFORD PL i\.~ASTER ASSOC iNC
96 STRATFORD PL ivl,';STER ASSOC iNC
'dl PINEHURST AT STRATFORD PL.6.,CE
75020000248
75020000254
75020000769
75020000808
75020000824
750200008(;{)
o STRATFORD PL fvt~,STER ASSOC iriC
o PiNEHURST ,4,T STRATFORD PL.6.,CE
75020000882
4 ~vtA.RCHIP.J~DO~ RJCHl-~RD .J
4 PAF'P.AS, DEBR_A.A
4 DtSEFp.~NO. r\/,p..~F~K=& L:ND.A~
4 POLZIN, CLAUDiA
4 SE~~f<~~~RiK, R't/~t.~t~
75020000905
75020000921
75020000947
7f.020000963
75020000989
75020001001
4 ECCLES. L.A.URA ANNE
4 tv1i~~Df.JL S."(ED
75020001043
4 Pt-BPF'S, J.At~1ES C
4 G~!l.~O, PE~JG
4 SAVARiNO, CHRISTOPHER J
75020001027
75020001069
4 .ja'!1E~~EZ, DOF~!S
75020001085
4 VANGORDER, TERRiL YN
7;::n')n!1n~1nA
, 1.-..J;':....U'.,.:'lJ I : ._....J
4 8LO()r.,,~, TERR"'{ L
4 FORT, A.LAr~ G
4 FORT. :~.LAr"J c;
4 GEr~T;LE, \/it~CENT
4 ~~1E!JCC:L G1t~tt.~ RCJSE
75020001124
75020001140
750200011f:i6
75020001182
7S020001205
4 FREELAND, ALEXANDER ALBERT
4 ,A,LV,A,REZ. C,!l,RiDAD L
75020001221
75020001247
75020001263
75020001289
4 .A.L....jAREZ, .JEf~t.~!FER
4 KO~3T}\: Ef\~~L=.& ~~~.HLA,
4 r\l1Gtv1Ef~A.rvi"'(, F'A.LtL
75020001302
4 rviODES1 VV!LLL:::'.r\,~ G
75020001328
4 Z.A.\/iS~N TR, F~CJ8ERT
4 DE LEON. CES/'.R
75020001344
75020001:360
4 r'!10DES1 V\!;LLLAt~1 G
7~J020001386
75020001409
75020001425
4 vVEST D/.,V!D P
4 BRtJC:E. C:~LARLES C=& ALLiSCJt-J tv1
4 SPC~F:ES. GREG ~t:.l
7 EI02000 1441
4 V\/ARr.~ER., R:C~l-tAR[) \.j=(~~ t~A.r~C~( L
75020001467
4 RC)C:HE. KEr...Jt~ETH T=&. t...tA..F~Lt.}.J T
75020001483
4 F<CJ[), .A.L;C:E
4 H!LL. t)Cg\L!A.L[) t':1
7502000i500
75020001522
4 t'!10[1ES, \/ViLL,A.f'y1 (~
75020001548
4 {:!~.LDEF~Of~E. ..liJ..~THC:NY
7EI020001e,E;4
4 ~3CHF~C)CK., JCJkj~
Aaenda Item 1\10. 8E
November 14, 2006
Page 65 of 86
75020001580
75020001629
4 8L~DKMON. ~,,1,~,Ry ft.
4 MODES, WILLIAM G
4 8ALA., OSMM~=& LUIZP--
4 MERKLEY. MARGARET A
4 8,1l.RBOSi~~, FR~~t~JC!S(;O
75020001645
75020001661
75020001687
75020001700
75020001849
4 BUTLER. ROBERT=& KIM
4 MELEQ!, AL TIN=& PAMEUl.,
4 TURNBULL, ROGER A=& CHERYL T
4 CARDONA LUZ Mft,RINA
4 MODES, \lV!LUAM G
4 LASKj\~ \IV.A.L TER l~L
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4 COTTER. SANDY=& ,.JOHN
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p,aenda item No. 8E
t,Jovember 14, 2006
Page 66 of 86
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4 GR._~\,i, ~.HJHt.J=& ELLEN
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4 BROV\fNE, GAJL G
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4 V;'tRG.A.S, Jt!LiO==& f~NGELA
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4 RODR!GUEZ, WILLlp..M
4 FREELAND, DAVID E=& EARLENE E
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Agenda Item No. 8E
~~o.vernber 14, 2006
Page 67 of 86
NAME3
3900 COMiviONV\iE.A.L TH BLVD
,
DREiSCH REVOCABLE liVING TRUST
"11 COLLINS RD
1435 TiFFANY LN APT 303
345 V!LLANOVA AVE
1415 TiFF,A,N~y' Lr~ .u,PT 1302
3503 RABEN 'vV.t:.,Y
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UTD 04/06/90
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1440 TiFFPJ\j"y' LN ,~\PT 2806
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Agenda Item ~~o. 8E
November 14, 2006
Page 68 of 86
1440 TiFF,tJ.,t"tf Lt~ ~-'\PT 2808
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C/O iPM
3435 10TH ST N STE 20-j
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Agenda Item 1\)0. 8E
November 14, 2006
Page 69 of 86
EUZ,t..BETH A SHEEHAN
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Agenda Item i\Jo. 8E
November 14,2006
Page 70 of 86 .
'14 BURKE DR
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NAPLES FL 34105' 4834
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H!GHL'\NDS RANCH CO 80130 3848
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Aaenda Item No. 8E
~~~ovember 14, 2006
Page 72 of 86
NAPLES FL 34105 4882
NAPLES FL 34105 4882
NAPLES FL 34103 3815
343510TH ST N STE 201 NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
BONITA SPRINGS FL 34135 4234
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
NAPLES FL 34103 3815
3435 10TH ST N STE 201 NAPLES FL 34103 3815
NAPLES FL 34103 3815
3435 10TH ST N STE 201 NAPLES FL 34103 3815
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
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NAPLES FL 34105 4818
NAPLES FL 34119 3369
NAPLES FL 34105 4818
NAPLES FL 34105 :1818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
NAPLES FL 34105 4818
ROGERS MN 55374 4502
NAPLES FL 34105 4818
FAYETTEVILLE GA 30215 2967
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.....,.,'",......'. 1.......,J.Jt,
f'l.u.,PLES FL 34-119 9570
f'J,\PLES FL 34-105 4817
r\,~,b~L'vER"jE t '" 11565 '132'1
~v
\..-. -- FL 34'101 8543
:'.V.~,t-'Lt:::.
r.~iDDLET'JVv~J ~'\J 1" -10940 LO~::
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- .....,-..... .--.....
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N,.u.,~L:::'::::; . ~
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_...., -r
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1'\.1"..... t-'"
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i~t~\PLES rL 34105 5667
Agenda Item No. 8E
November 14, 2006
Page 73 of 86
NAPLES FL 34109 2642
NAPLES FL 34119 9570
NAPLES FL 341 03 3345
102 N COUNTRY CLUB DR ROCHESTER NY 14618 0
NAPLES FL 34105 4817
NORTHPORT NY 11768 2430
NAPLES FL 34109 0
NAPLES FL 34105 4817
NAPLES FL 34105 4815
NAPLES FL 34119 9570
DOWNERS GROVE IL 60516 2307
NAPLES FL 34105 4821
NAPLES FL 34105 4821
FORT MYERS FL 33912 1715
SCHAUMBURG IL 60193 1033
LEMONT IL 60439 7482
NAPLES FL 34105 4821
NAPLES FL 34104
NAPLES FL 34105 4821
NAPLES FL 34105 4821
NAPLES FL 34105 4821
NAPLES FL 34105 4821
LILLI PUT POOLE DOREST ENGLAND BH14 80D
ENGLEWOOD CLIFFS NJ 7632 2109
SPRINGFIELD MA 1118 1313
NAPLES FL 34105 4820
FAIRFIELD CT 6825 1336
NAPLES FL 34105 4820
MIAMI FL 33176 2580
NAPLES FL. 34105 4820
NAPLES FL 34105 4826
HAMPDEN ME 4444 1821
LONGBOAT KEY FL 34228 3706
NAPLES FL 34105 4826
N ARLINGTON NJ 7031 6520
NAPLES FL 34113 7539
NAPLES FL 34105 3813
NAPLES FL 34105 4826
NAPLES FL 34120 2703
NAPLES FL 34105 4626
SCARSDALE NY 10583 5736
NAPLES FL 34105 0
EGG HBR TWP NJ 8234 6522
FAIRHOPE AL 36532 4873
NAPLES FL 34105 4825
NAPLES FL 34110 8472
CHARLOTTE NC 28269 5302
MIAMI FL 33175 7163
NAPLES FL 34110 0
KINGS PARK NY 11754 4102
LAKELAND FL 55043
NAPLES FL 34105 4819
Agenda Item 1\10. BE
November 14, 2006
Page 74 of 86
COLDWA TER MI 49036 8597
FREEHOLD NJ 7728 2936
NAPLES FL 34105 4819
NAPLES FL 34105 4819
NAPLES FL 34105 4819
NAPLES FL 34102 5425
COLLlNSVILLE lL 62234 6001
FARMINGDALE NJ 7727 0
RIDGEFIELD NJ 7657 2011
CHERRY HILL NJ 8003 1120
CLEMENTON NJ 8021 5302
NAPLES FL 34102 7906
NAPLES FL 34112 5208
NAPLES FL 34108 5415
NAPLES FL 34109 7124
NAPLES FL 34109 0
NAPLES FL 34108 0
32 MIA CT WARWICK RI 2886 0
NORTHPORT NY 11768 0
WATERTOWN CT 6795 0
NAPLES FL 34116 0
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS . FL 34135 4234
BONITA SPRINGS' FL 34135 4234
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS FL 34135 4234
GRAFTON MA 1536 0
NAPLES FL 34105 0
BONITA SPRINGS FL 34135 4234
NAPLES FL 34105 0
FORT LAUDERDALE FL 33301 1190
BONITA SPRINGS FL 34135 4234
BONITA SPRINGS FL 34135 4234
NAPLES FL 34105 0
MOUND MN 55364 1226
NAPLES FL 34105 0
NAPLES FL 34105 0
NAPLES FL 34105 4814
NAPLES FL 34105 4816
NAPLES FL 34105 4816
NAPLES FL 34105 4816
NAPLES FL 34105 4816
NASHVILLE TN 37215 5830
Agenda Item r\JBage. 1 of 1
November 14, 2006
Page 75 of 86
DeselemKay
om: DeselemKay
Sent: Thursday, April 20, 20064:30 PM
To: 'RCovino@aol.com'
Cc: gary butler; 'BrianMansour@aol.com'; CasalanguidaNick; scott_d
Subject: RE: Whipporwill Lane
I will be out of the office beginning tomorrow, returning on 4/28/06.
Just today, I asked our Transportation Planning Division staff for information about planned roadway improvements in the area,
but I have not gotten a reply yet. I have copied the petitioner and his agent as well Collier County transportation staff in this e-
mail. They may wish to offer you some perspective about the planned improvements. I will forward your e-mail message to all
Collier County Planning Commission members as well.
Kay Dese/em, AICP, Principal Planner
Dept of Zoning & Land Development Review
Collier County Government
2800 N Horseshoe Drive
Naples, FL 34104
Phone: 239-213-2931
Fax: 239-643-6968
From: RCovino@aol.com [mailto:RCovino@aol.com]
Sent: Thursday, April 20, 20064:15 PM
To: KAY@aol.com; DeselemKay
SUbject: Whipporwill Lane
Kay,
As per our conversation on the phone, I am deeply concerned about the traffic problem on Whippoorwill Lane with all the new
construction of at least five different communities that I know of plus the rezoning for the project called Cayo Whippoorill. As you
know there is only one outlet to Pine Ridge Road. Unless we have another access road out to Livingston road or and alternate
route out, we will be stuck in traffic the length of Whippoorwill Lane, just to get to the light at Pine Ridge road. The traffic is very
heavy now and the other commuities are not even built. If there was an emergency or fire, people would be trapped in their
cars, trying to get out. PLEASE give this serious consideration when rezoning this property, we need another access road out of
Whippoorwill Lane.
Thank You,
Roy Covino
1380 Tiffany Lane #2206
Naples FL 34105
4/20/2006
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COLUEROOUNTYGOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
I\genda Item 1\10. 8E
November 14, 2006
2800 NORTH HORSESHOE DRlMC8 of 86
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
REQUEST FOR CONTINUANCE OR WITHDRAWAL
CHECK ONE:
~ CONTINUANCE
D WITHDRAWAL
If a continuance is requested, please indicate Iem!th of time:
to: d /1 J Z<X>" OR 0
Indefinite
From:
o Planning Commission
[2g Board of County Commissioners
I.
2.
3.
4.
5.
Date of Scheduled Hearing: & -- '2D . - z.o 0 (..,
Applicant/Project Name: G~(L:{ C~ / CA ~ Dw~f"ooQ.u;,l\.t_
Application/Case number: <0034 / {OO( D6oo4<o
Type of Application (examples: Rezoning, Conditional Use or Variance) ?- ~ :c..o N E-
Reason for Request: 1 ~ L CoN~ S \ '76...2)" I n t"'D
~-r CL f c.... tv\. ~ N (-;I fV lL w HI. P Pb6l.<..ulU- a..ob"\)
vJ\\ttt>0'\ LA01~bS\b~ r.-O,J~~o~.
TIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525,
AT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED
UE.
RECEIVED
MAY 1 6 2006
51
TUfte OF APPUCANT OR AUTHORIZED AGENT
~-I)rDb
DATE
-.J G~--1 6.J~
PRINTED NAME
pb..>'{ {~'\ Z[!} Z-e ao1- coA.l\..
e-mail address
Address:
ztZ-3 \~\)E Cc..:::.\l::YLvJl.{
~ 31 ') "'(, 3&? '"'
Phone number
2:~q c;,,"- (52- 7
Fax number
http://www.colliergov.netlzoning/formsJdocumentslRECUESTFORCONTINUANCEORWITHDRAWAL_001.doc
~~U6 rl- ~07
;.
l\genda Item No. 8E
November 14, 2006
Pa'ge 79 of 86
April 24, 2006
RECEIVED
APR 2 8 2006
Attn: Kay Deselem
Collier County Government
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
RE: Petition RZ-2005-AR-8039
Dear Kay Deselem,
My name is Cindy Bombard and I live at 1079 Albany Court in Stratford Place,
directly behind where SJC Whippoorill, LLC is requesting rezoning from Agricultural to
Residential Multi-Family, I am unable to attend the meeting on May 4,2005 because I
will be out of town. I strongly oppose the approval of this request, I am a single, working
Mom and have worked hard to provide a good home for my family. I believed I made the
right decision to upgrade from a condo in Palm River to a brand new townhouse in
Stratford Place, when I purchased my unit in August 2005. I paid top dollar ($359,900)
for a preserve view, on a quite cui de sac road. Now, when I look down the quite cuI de
sac road that was once surrounded by trees, I see a big ugly yellow building with a teal
colored roof due to another development adjacent to Stratford. That is not what I bought
into.
The fact that real estate in Collier County and surrounding areas have come to a
halt and the properties in this development are selling for $20,000 to $30,000 less than
what I paid, I find myself in a loss situation. I am optimistic that with time, things will
pick back up again. However, the odds keep stacking up against me, with the ugly
building at the end of the cuI de sac and another development right behind my home, you
are setting me up to lose even more money. Taking my preserve view away will most
definitely reduce my property value. There is already an affordable housing shortage for
the working class families in this area. By approving the request of SJC Whippoorwill,
LLC, you are forcing people like me and other working class residents of Collier County
to move away or suffer from financial devastation. Our property values will drop
resulting in higher mortgages than our property worth.
The only two occupied developments off Whippoorwill Road have been Stratford
Place and the Reserve. The traffic from those and construction of surrounding
Developments on Whippoorwill Road has made the morning commute to work and
school impossible. Now Mariposa at Whippoorwill has some completed phases and the
other two developments are soon to follow. I strongly suggest you take a look at the
traffic situation in regards to getting off Whippoorwill Road on to Pine Ridge. Another
Agenda Item No. 8E
November 14, 2006
Page 80 of 86
development down this road will further decrease values of homes due to traffic
congestions.
There is more than enough, as a matter of fact; there is a surplus of housing right
in this area, on Whippoorwill Road. I strongly recommend that you do NOT approve this
request from SIC Whippoorwill, LLC and consider the homes of current residents of this
area and their financial future. I have also enclosed a couple pictures of what the before
and after view at the end of our cui de sac. Thank you for your time.
Sincerely,
~~
Cindy Bombard
RECEiVED
APR 2 8 2006
Agenda Item No. 8E
November 14, 2006
Page 81 of 86
RECEIVED
APR 2 8 2006
Agenda Item No. 8E
November 14, 2006
Page 82 of 86 .
COLLIER COUNTY GOVERNMENT
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive · Naples, Florida 34104
Apri114,2006
Dear Property Owner:
This is to advise you that you own property located within 500 feet of the following descnbed property and that a
public hearing will be held by the Collier County Planning Commission of Collier County, Florida. at 8:30 A.M.,
Thursday, May 4,2006, in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building,
County Government Center, 3301 East Tamiami Trail, Naples, Florida, to consider:
Petition: RZ-200S-AR-8039. SJC Whippoorwill, LLC, represented by Gary Butler of Butler Engineering, Inc. and
Brian Mansour, requesting a rezone from the Agricultural (A) zoning district to the Residential Multi-Family-6
(RMF-6) zoning district for a project known as Cayo Whippoorwill. The subject property, consisting of 10 acres, is
located at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in Section 18, Township
49 South, Range 26 East, Collier County, Florida
You are invited to appear and be heard at the public hearing. You may also submit your comments in writing.
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDNIDUALS
SELECTED TO SPEAK ON BEHALF OF AN ORGANIZA nON OR GROUP ARE ENCOURAGED AND MAY BE
ALLOTrED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS
WISHING TO HAVE WRITIEN OR GRAPIDC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC
HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL
BE SUBMIITED TO THE COUNTY ST AFFMEMBER NOTED BELOW, A MINIMUM OF SEVENDA YSPRIOR
TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL
BECOME A PERMANENT PART OF TIIE RECORD AND WILL BE A V AILABLE FOR PRESENT A nON TO
THE BOARD OF COUNTY COMMlSS10NERS IF APPLICABLE.
Any person who decides to appeal a decision of the CCPC will need a record of the proceedings pertaining thereto,
and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
This petition application development plans and/or master plan if applicable, and other pertinent information
related to this petition is kept on file and may be reviewed at the Development Services Center located at the
address listed above. Please contact me at 213-2931 to set up an appointment if you wish to review the file.
Sincerely,
~~~
Kay Deselem, AICP
Principal Planner
--
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RECE\VED
tl.\-'k 2 8 'L005
~ ZONING OEP.A.RiMENT
www.colliergov.net
Phone (239)403-2400
Fax (239) 643-6968 or (239) 213-2913
Agenda Item No. 8E
~~ovember 14, 2006
Page 83 of 86
April 20, 2006
Kay Deselem, AICP
Principal Planner
Department of Zoning and Land Development Review
Collier County Government
Re: petition RZ-2005-AR-8039
Kay,
My wife and I own property within Stratford Place adjacent to the subject property of this
petition. Our address is 1071 Albany Court.
Rezoning the subject property to Multi-Family-6 from agricultural will have adverse
impacts on our property value and we ask that you not permit this change in zoning or
use.
As a planner for the Collier area, you are already aware of the beauty of the area and the
importance of preserving green space within our communities. Allowing development
without preserving the existing natural areas is a detriment to our future. We risk the
ability to attract both commerce and new people to the area, if we do not preserve the
natural areas.
Please do not permit the rezoning of this subject parcel and preserve this portion of our
natural surroundings for our posterity to enjoy.
Sincerely,
13/7J 6It(~
~
Brad Etherington
Dina Etherington
RECEIVED
MAY 1..6 2006
ZONING DEPARTMENT
.~
@
Agenda It8m ['la. 8E
r~ovel11ber 14. 2006
Page 84 af 86
May 17,2006
TO: Collier County Planning Commission
RE: Petition RZ-2005-AR-8039 (notice copy attached)
We understand that the date of the public hearing, May 4'\ has passed, however, \ve wish
to express our opposition to this petition.
We feel that with the abundance of development in the Whippoorwill area ffi1d the
proximity to Strafford Place that any development in said area would be detrimental to
out' property located at 763 Hampton Circle (Lot 130).
Richard A. Eaton
Kathleen M. Eaton
R EC EIVEt...
MAY 1'9 2006
ZONING DEPARTMENT
Agenda Item No. 8E
November 14, 2006
Page 85 of 86
ORDINANCE NO. 06 -
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
EST ABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, TO
AMEND THE APPROPRIATE ZONING ATLAS
MAP(S) TO CHANGE THE ZONING
CLASSIFICATION OF nIE SUBJECT REAL
PROPERTY LOCATED APPROXIMATELY 3,500
FEET SOUTH OF PINE RIDGE ROAD fr.l SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, FROM THE
AGRICULTlJRAL (A) ZONING DISTRICT TO THE
RESIDENTIAL MULTI-FAMllJY-6 (RMF-n)
ZONING DISTRICT FOR A PROJECT KNOWN AS
CA YO WHIPPOORWILL AND PROVIDE FOR AN
EFFECTIVE DATE.
WHEREAS, aary Butler of Butler Engineering, Inc, and Brhm Mansom,
reprcsenLing SJC Whippoorwill, LLC, petitioned the Board of Coullty Cotmnissioners to
change tbe zoning classificntion of the subject real property as part of Petition Number
RZ~2005-AR-8039,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLffiR COUNTY, FLORIDA, that:
SECTION ONE:
The wning classificatiun uf the subject real property described as:
The South 'l'2 of the SOlllh 'l'2 of Ihe Northwest 14 of the Southeast 14, Section
18, Township 49 South, Range 26 East, Collier COllnty, Florida
is changed from the Agricultural (A) zoning district to the Residential Multi-Family-6
(RMF-6) zoning district for a project known as Cayo Whippoorwill. The appropriate
zoning atlas map(s), as described in Ordinance 2004-4] as amended, the Collier County
Land Development Code is hereby amcnded accordingly, The herein described real
property is the same for which thc rczone is hereby approved subject to thc following
condition:
Prior to aliowillg clearillg ill pille flatwoods (41 I), the developer //lust JI/'Ol'ide a
Slln'ey perforllled bJ' a qualified biologist to Envirollmental Se1'l'ices staff
MeIlt/fying allY listed a;1' plants. AIIJI air plallts so idelltijied must be relocated to
the prescrve area prior to tlte pre-coll.~trllct/oll meeting. 'l1le SltB'CY ami
subsequent relocatioll shall 1J(! subject to rcview ami approval by Collier COllllty
Environmental Services staff Proof of completed relocatioll shall be provided to
Ellvironmelltal SerJ'lces staff at the pre~Collstrtlctioll meeting.
Page I of2
Agenda Item No, 8E
November 14, 2006
Page 86 of 86
SECTlON TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this
dnyof
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BY:
FRANK HALAS, CHAIRMAN
, Deputy Clerk
Approved as to form
and I gal sufficiency:
Pnge 2 of 2
Agenda Item No. 8F
November 14, 2006
Page 1 of 49
EXECUTIVE SUMMARY
Petition: RZ-2005-AR-8427 Polly Ave, LLC, represented by Tim Hancock of
Davidson Engineering, Inc., is requesting a rezone from the Agricultural (A) zoning
district to the Residential Multi-Family 12 (RMF-12) zoning district with a density of
7 dwelling units per acre that would allow 61 multi-family dwelling units. The
petitioner is requesting the higher density based on the residential infill provision of
the Growth Management Plan, Future Land Use Element Density Rating System.
The subject property consists of 8.68 acres for project known as Manus Rezone. The
subject property is located off of Rattlesnake-Hammock Road on Polly Avenue,
Section 16, Township 50 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
The applicant is requesting that the Board of County Commissioners review staff's
findings and recommendations regarding Manus Rezone that will rezone 8.68 acres of
agriculture land to the advertised zoning of a Residential Multi-family 12 (RMF-12)
zoning district.
CONSIDERATIONS:
~....-.,
The applicant advertised and sought a rezone to allow the 8.68 acre subject property from
Agriculture (A) zoning district to the Residential Multiple-Family 12 (RMF-12) zoning
district with a cap of 7 dwelling units an acre at a maximum of 61 housing units.
During the Collier County Planning Commission hearing the applicant agreed to a less
intense zoning district classification of the Residential Multiple-Family 6 (RMF-6) with a
limit of 3.2 dwelling units per acre that would now allow 27 dwelling units. The purpose
of limiting the zoning request to the RMF-6 classification is to allow greater flexibility in
the lot size and site design standards. The dimensional standards pertaining to the RMF-6
base zoning has a minimum lot width of sixty feet (60") for interior lots and seventy feet
(70") for corner lots. By way of a narrower lot width the applicant is able to place 27
single- family homes on the site instead of the advertised 61 multi-family dwelling units.
Since the project's size was significantly reduced from 61 dwelling units to 27 dwelling
units RMF-6 gave the applicant the best lot design standards for site orientation. Site plan
details will be determined as part of the first development order process if the rezoning is
approved.
.-
The rezone will not add additional density other than what is allowed by the LDC. The
proposed rezone of the site would be compatible with the development in the vicinity. .
Existing and authorized land uses in the vicinity of the site are single-family and multi-
family residential and the uses immediately adjacent to the site are single-family
residential. The future use of the subject property with the rezone would be single-family
residential. The rezone will not adversely affect the health, safety and general welfare of
the citizens of Collier County.
Approved Land Uses: North of the subject property is zoned Agriculture (A) and
Waterford Estates PUD, approved for 612 units; south of the subject property is zoned
Agriculture (A) and Huntington Woods PUD, approved for 26 units; east of the subject
RZ-2005-AR-8427 Manus Rezone Page 1 of 5
Agenda Item No. SF
November 14, 2006
Page 2 of 49
property is zoned Agriculture (A) and bordering the subject property on the west is Royal
Woods Golf & Country Club PUD, approved for 800 units and Youth Haven PUD,
approved for 50 units.
Waterford Estates PUD (Ord. 91-31) was approved for 63 residential units at a gross
density of 3.25 dwelling units per acre and has sunsetted. Huntington Woods PUD (Ord.
86-02) was approved for 26 residential units at a gross density of 3.93 dwelling units per
acre and has been built-out. Royal Woods Golf & Country PUD (96-72) was approved for
800 multi-family residential units at a gross density of 3.34 dwelling units per acre and has
sunsetted. Youth Haven PUD (Ord. 89-12) was approved for 50 residential units.
Therefore, land use and density is consistent with current and future land uses as well as
county zoning requirements.
Growth Mana2ement Plan Impact (GMP):
Future Land Use Element: The petition was reviewed for consistency and was found to
be consistent with all the applicable provisions of the Growth Management Plan. The
subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth
Management Plan (GMP). The Subdistrict permits residential development (variety of unit
types) at a base density of four residential units per gross acre and recreation and open
space uses. Staff concludes that the proposed rezone meets the criteria and may therefore
be deemed consistent with the GMP.
Transportation Element: Transportation staff has reviewed the petition of up to 64
multi-family units and finds the additional trips it produces consistent with the Growth
Management Plan Transportation Element. The project fronts the future Santa Barbara
Boulevard extension project and the developer has agreed to donate, at no cost to the
county and without impact fee credits, up to seventy feet (70') of right-of-way necessary to
facilitate the capital project. The site generated traffic is consistent with Policies 5.1 and
5.2 of the Transportation Element.
Payment in lieu of for sidewalks and bike lanes along future Santa Barbara Boulevard
Extension shall be required. The amount shall be determined utilizing Florida Department
of Transportation (FDOT) 2004 Transportation Cost Estimates, as amended. Payment
shall be required within 30 days of approval of the zoning petition by the Board of County
Commissioners.
Environmental Issues: Environmental staff has reviewed the petition to ensure
compliance with the environmental regulations. Preserve areas shall be identified as a
separate tract or easement on the Site Development Plan (SDP) and fifteen percent of the
existing native vegetation is required to be retained on-site.
ENVIRONMENTAL ADVISORY COUNCIL (EAC):
This petition does not meet any thresholds that require review by the Environmental
Advisory Council (EAC); therefore the EAC did not hear heard this petition.
RZ-2005-AR-8427 Manus Rezone
Page 2 of 5
Agenda Item No, 8F
November 14,2006
Page 3 of 49
FISCAL IMP ACT:
Extension of the PUD will have no fiscal impact upon Collier County.
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. The
legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter
10.03.05 of the LDC. The evaluation is 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 and Future Land Use Map and the applicable elements of the GMP.
Pro: The Collier County Planning Commission (CCPC) has determined that the
proposed rezone is consistent with all applicable elements of the Future Land Use
Element (FLUE) of the Growth Management Plan (GMP).
Con: None
Findings: Based on staff s review the proposed development would be in compliance
with the FLUE of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
Pro: The existing land use designation is Agriculture but the Future Land Use Map
designates this area Urban (Urban Mixed Use District) of the GMP. Therefore, if the
rezone is approved, Manus Rezone will be consistent with existing land use per the
GMP.
Con: Land use patterns are influenced by several key factors such as land ownership
and the County's GMP goals and objectives. Based on the GMP, staff has not found
incompatible uses. While consistent with the GMP, some of the neighborhood
residents indicated that the proposed development will place additional trips on a
right-of-way that is not paved and additional flooding might occur on their properties.
Findings: Land use patterns involve zoning and transportation infrastructure planning
to ensure that land is used efficiently for the benefit of the wider economy and
population as well as to provide basic goods and services to the district. The Site
Development Plan process guarantees new development will remain consistent with
the GMP's goals and objectives and the proposed land uses be compatible with the
existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety. This project
_- has also been deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the
GMP.
Pro: Transportation Division evaluated this project and took into account the
requirement for consistency with Policy 5.1 of the Transportation Element of the GMP
RZ-2005-AR-8427 Manus Rezone
Page 3 of 5
Agenda Item No, 8F
November 14, 2006
Page 4 of 49
and was found consistent based on the Traffic Impact Statement (TIS) that was
provided with the application.
Con: The goals of the residents who live in the surrounding area are not to have traffic
on Sunset Boulevard but to have the access on Polly Avenue and the future Santa
Barbara Boulevard.
Findings: The TIS indicates that the generated trips will not lower the level of service
(LOS) below any adopted LOS standard. Therefore, the applicant has complied with
the GMP requirements and Policy 5.1 and 5.2 of the Transportation Element of the
GMP.
. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The proposed zoning change is appropriate based on the growth and development
trends in the district and Future Land Use Element (FLUE) indicates that the Urban
Residential Subdistrict is suitable for higher density.
Con: There are no associated conditions to make this amendment necessary.
Findings: The intent of the (Urban-Mixed Use District, Urban Residential Subdistrict)
is to allow residential development (variety of unit types) at a base density of four
residential units per gross acre.
COLLIER COUNTY PLANNING COMMISSION (CCPC):
The Collier County Planning Commission (CCPe) reviewed this petition at the regular
meeting on October 19, 2006. The CCPC recommended approval of the rezone by a vote
of 7-0 with a lower density of RMF-6 with a limit of 3.2 dwelling units per acre. The
motion included the following stipulations:
-
I. The rezone is recommended for Residential Multiple-Family-6 District (RMF-6) and
not to exceed a density of 3.2 dwelling units an acre. Attach the conceptual site plan
2-B to the Ordinance as Exhibit B.
2. The Developer can build up to 27 single-family residential dwelling units and
reserve the 28th lot for water management as depicted on site plan 2-B (exhibit B).
3. Remove the Transfer of Development Rights (TDR) credits in the Ordinance.
4. The Developer shall donate and dedicate an easement along the future Santa Barbara
Boulevard Extension for seventy (70) feet of Right-of-Way for Santa Barbara
Boulevard at no cost to the county.
5. Developer has agreed to contribute one-thousand dollars ($1000) a unit to the
Affordable Housing Trust Fund and payable at the time of the issuance of the first
building permit. In the event the County adopts a linkage fee, this commitment is
applied to that linkage fee.
6. No building shall exceed thirty-five (35) feet in height.
7. Developer has agreed to participate, if the residents are agreeable, in a MSTU or
MSBU for road improvements along any of the following: Polly Avenue, Sunset
Boulevard and Adkins Avenue.
8. No Certificate of Occupancy shall be issued until the Santa Barbara Boulevard
Extension has been completed.
RZ-2005-AR-8427 Manus Rezone
Page 4 of 5
Agenda Item No. 8F
November 14, 2006
Page 5 of 49
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the request for RZ-
2005-AR-8427 Manus Rezone with the CCPC's stipulations.
PREPARED BY:
Melissa Zone, Principal Planner
Department of Zoning & Land Development Review
Attachments: Master Plan 2-B
Location Map
.-
.-
RZ-2005-AR-8427 Manus Rezone
Page 5 of5
Item Number:
Item Summary:
Meeting Dete:
Agenda Item No. 8F
November 14, 2006
Page 6 of 49
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8F
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: RZ-2005-AR-8427 Polly Ave. LLC. represented by Tim
Hancock. of Davidson Engineering, inc.. is requesting a rezone from the Agricultural (A)
zOning district to the Residential Multi-Family 12 (RMF-12) zoning d,strict with a density of 7
dwelling units per acre that would allow 61 multi.family dwelling units. The petitioner is
requesting the higher density based on the residential infill provis,on of the Growth
Management Plan. Future Land Use Element DenSity Rating System. The subject property
consists of 8.68 acres for project known as Manus Rezone. The subject property is located
off of Rattlesnake-Hammock Road on Polly Avenue. Section 16, Township 50 South, Range
26 East, Collier County, Flonda.
11/14/20069:00:00 AM
Principal Planner
Date
Prepared By
Melissa Zone
Community Development &
Environmental Services
Zoning & Land Development Review
10/30/2006 6 :43:21 AM
Ray Bellows
Date
Approved By
Community De\lelopment &
Environmental Services
Chief Planner
Zoning & Land Development Review
10130/2006 2:27 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin,
10/30/20064:20 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
10/31/20066:13AM
Date
Approved By
Marjorie M. Student~Stjrling Assistant County Attorney
10/31/20068:17 AM
Approved By
County Attorney County Attorney Office
Susan Murray, AICP
Zoning & Land Development Director
Date
Community Development &
Environmental Sendces
Zoning & Land Development Review
10/31/2006 1 :04 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
11/1/20063:37 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/2/200611:52AM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
11/312006 6:56 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/3/200610:53 AM
Agenda Item No. SF
November 14, 2006
Page 7 of 49
Co1N:r County
-- ~~ -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: OCTOBER 5,2006
SUBJECT:
RZ-2005-AR-8427 MANUS REZONE
APPLICANTS/OWNERS/CONTRACT PURCHASER:
Polly Ave, LLC
1570 Kennedy Causeway
North Bay Village, FL 33141
AGENTS:
Tim Hancock
Davidson Engineering
2154 Trade Center Way, Suite 3
Naples, FL 34109
REQUESTED ACTION:
The petitioner wishes to rezone the 8.68 acre subject property from Agriculture (A) zoning
district to the Residential Multi-family 12 (RMF-12) zoning district with a cap of 7 dwelling
units an acre to allow a maximum of 61 housing units.
GEOGRAPHIC LOCATION:
The site is located less than one mile north of Rattlesnake-Hammock Road on Polly Avenue, in
Section 16, Township 50 South, Range 26 East Collier County, Florida.
(location map on the following page)
RZ-05-AR-8427 Manus Rezone
Page 1 of 7
Agenda Item No, 8F
November 14, 2006
Page 8 of 49
RZ-05-AR-8427 Manus Rezone
Page 2 of 7
Agenda Item No, SF
November 14, 2006
Page 9 of 49
PURPOSEIDESCRIPTION OF PROJECT:
The rezone application proposes a maximum of 61 multi-family dwelling units, at a density of 7
units per acre. The subject property is designated Urban (Urban Mixed Use District) on the
Future Land Use Map (FLUM). The Urban Designated Areas base density of four residential
dwelling units per acre is permitted but not an entitlement. The petitioner is seeking the
residential in-fill density bonus by conveying Transfer of Development Rights (TDR) from the
RFMU Sending Lands in to the Urban Residential Fringe. The density rating system applies to
residential units and is not applicable to accessory structures intended for rental utilization.
SURROUNDING LAND USE AND ZONING:
North:
South:
East:
West:
Agriculture (A) and Waterford Estates PUD, approved for 612 units
Agriculture (A) and Huntington Woods PUD, approved for 26 units
Agriculture (A)
Royal Woods Golf & Country Club PUD, approved for 800 units and Youth
Haven PUD, approved for 50 units
Surroundin2 Zonin2 Map
""" ,_~ .r:";;;::~'
. ..1,.
,..c-'.,.''!:.....,.
t
RZ-05-AR-8427 Manus Rezone
Page 3 of 7
Agenda Item No, SF
November 14, 2006
Page 10 of49
GROWTH MANAGEMENT PLAN (GMP):
Future Land Use Element (FLUE):
The subject property is designated Urban (Urban - Mixed Use District, Urban Residential
Subdistrict), as identified on the Future Land Use Map (FLUM) of the County's Growth
Management Plan (GMP). Relevant to this petition, this Subdistrict permits residential
development (variety of unit types) at a base density of four residential units per gross acre and
recreation and open space uses. The application indicates that to obtain the three dwelling units
per acre above the base of four, the Residential In-fill density bonus is being applied. To be
eligible for the residential In- fill bonus, the application must satisfy the criteria below:
To encourage residential in fill in urban areas with existing development outside of the Costal
High Hazard Area, a maximum of 3 residential dwelling units per gross acre may be added if the
following criteria are met:
a) The project is 20 acres or less in size;
b) At time of development, the project will be served by central public water and sewer;
c) The project is compatible with surrounding land uses;
d) The property in question has no common site development plan with adjacent
property;
e) There is no common ownership with any adjacent parcels.
f) The parcel in question was not created to take advantage of the in fill residential
density bonus and was created prior to the adoption of this provision in the Growth
Management Plan on January 10, 1989.
g) Of the maximum 3 additional units, one (I) dwelling unit per acre shall be transferred
from Sending Lands.
Based upon the above criteria, staff concludes that the proposed rezone meets the criteria and
may therefore be deemed consistent with the FLUE, but documentation addressing the date the
parcel was created still needs to arrive upon a final determination. Additionally, as noted within
the application, for the project to go beyond the rezone stage, the TDR credits gained from the
Sending Lands must be documented prior to SDP of final plat approval.
Transportation Element: Transportation Services Division staff has reviewed this petition's
Traffic Impact Statement (TIS) and the PUD document to ensure the PUD document contains the
appropriate language to address this project's potential traffic impacts, and to offer a
recommendation regarding GMP Transportation Element, Policy 5.1. Based on the TIS
submitted, all roadway segments will not impact the current Level of Service when the project's
traffic is added to the roadways. Therefore, the proposed petition is consistent with GMP
Transportation Element Policy 5.1.
RZ-05-AR-8427 Manus Rezone
Page 4 of 7
Agenda Item No. 8F
November 14, 2006
Page 11 of 49
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which
a determination is based. The criteria are noted in Section 1O.03.05.H of the LDC and require
staff evaluation and comment as well as the Collier County Planning Commission (CCPC) for
their recommendation to the Board of County Commissioners (BCC). Staffs evaluations are
completed as a separate document and are attached to the staffreport (see Exhibit "A").
Environmental Analysis: Environmental staff has reviewed the petition to ensure compliance
with the environmental regulations. Preserve areas shall be identified as a separate tract or
easement on the Site Development Plan (SDP) and fifteen percent of the existing native
vegetation is required to be retained on-site. The Environmental Advisory Council (EAC) did not
review this petition because it was exempt from the requirement of an Environmental Impact
Statement because the parcel is less then ten acres.
Transportation Review: Transportation staff has reviewed the petition of up to 64 multi-family
units and finds the additional trips it produces consistent with the Growth Management Plan
Transportation Element. The project fronts the future Santa Barbara Boulevard extension project
and the developer has agreed to donate at no cost to the county and without impact fee credits up
to 70' of right-of-way necessary to facilitate the capital project. Also, the developer has agreed to
be responsible for all noise mitigation if warranted along the Santa Barbara frontage.
As per Ordinance 2005-17, specifically section 6.06.02.C, which states, "Payment-in-lieu of
construction, as set forth below, may be authorized or required as part of any corresponding
development order or permit, at the discretion of the County Manager or designee, for any or all
of the following circumstances: 1. Where planned right-of-way improvements are scheduled in
the County's Capital Improvement Program (CIP), any governmental entity's adopted five-year
work program, or any developer's written commitment approved by the County,"
The County is currently under design for Santa Barbara Extension (Project # 60091). The design
is currently at 60 percent design. Construction is scheduled to commence in FY 2007. Therefore,
staffs request of payment in lieu within 30 days of zoning approval by the BCC is consistent
with the currently adopted Land Development Code.
Utility Review: The Utilities Department staff has reviewed the petition indicated the subject
site is located within the Collier County Water-Sewer District boundary and will be subject to
application for conditions associated with a Water and Sewer Availability Letter from the Collier
County Utilities Division. There is an existing twenty inch (20") water main to Rattlesnake
Hammock Road and thirty inch (30") Sewage Distribution on Polly Ave.
Zoning Review:
Staff's analysis summarized the proposed project's consistency with adopted goals and
objectives in the GMP as well as relevant land use policies in the Land Development Code
(LDC). Staff also evaluated the project's compatibility with nearby land uses and has determined
that even with the TDR credits, the potential of conflict between the residential area and the
RZ-05-AR-8427 Manus Rezone
Page 5 of 7
Agenda Item No. 8F
November 14, 2006
Page 12 of 49
'-.'~
proposed density is compatible with the land uses that have been developed on adjacent tracts.
Existing land uses in the area of the proposed project is residential development of varying
density. The residential uses are primarily multi-family and single-family homes. The proposed
project would intensify density in the urbanized area but remains compatible with the adjacent
land use as well as the infill development goals as defined in the GMP.
Waterford Estates PUD (Ord. 91-31) was approved for 63 residential units at a gross density 0 f
3.25 dwelling units per acre and has sunsetted. Huntington Woods PUD (Ord. 86-02) was
approved for 26 residential units at a gross density of 3.93 dwelling units per acre and has been
built-out. Royal Woods Golf & Country PUD (96-72) was approved for 800 multi-family
residential units at a gross density of 3.34 dwelling units per acre and has sunsetted. Youth
Haven PUD (Ord. 89-12) was approved for 50 residential units. Therefore, land use and density
proposed is consistent with current and future land uses as well as consistent with county zoning
requirements.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held the required NIM at the East Naples Library at 5:30 p.m. on May 11, 2006.
Approximately eighteen people attended, including the applicant's team and county staff. Of
those who spoke, most concerns raised regarded traffic impacts to Polly Avenue, Sunset
Boulevard, and the plans for widening Santa Barbara. The petitioner assured the concerned
property owners that he would contact the county's Transportation division to determine if a
connection from Polly Avenue to Santa Barbara Boulevard would be being planned.
During the course of the NIM all of the residents objected to having affordable housing as part of
the development and the petitioner acknowledged that the owners of the property had no
intention of building "affordable or workforce housing" units in the proposed 61 multifamily
dwelling units. In response to a neighbor whose house will face the new development, the agent
remarked "We'll look at more than the Type "D" buffer" required by the code.
Other neighbors stated that they had concerns relative to storm water drainage because their
properties already flood and new developments will add to the problem.
RECOMMENDATION:
Zoning & Land Development Review staff recommends that the Collier County Planning
Commission forward Petition RZ-2005-AR-8427 Manus Rezone to the Board of County
Commissioners with a recommendation of approval with the following stipulations:
1. The timing required to produce the required TDR and based upon LDC section
2.03.07.D.4.f.ii.c, "The developer shall provide documentation of the acquisition of
full ownership and control of all TDR credits needed for the development and of the
recordation of the TDR credit certificates for all such TDR credits prior to the
approval of any site development plan, subdivision plat, or other final local
development order.
RZ-05-AR-8427 Manus Rezone
Page 6 of 7
Agenda Item No, SF
November 14, 2006
Page 13 of 49
PREPARED BY:
MELISSA ZONE, PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
DATE
ASSISTANT COUNTY ATTORNEY
RAYMOND V. BELLOWS, ZONING MANAGER DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
SUSAN MURRAY ISTENES, AICP, DIRECTOR DATE
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
JOSEPH K. SCHMITT, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Tentatively scheduled for the October 5, 2006 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
MARK STRAIN, CHAIRMAN
DATE
Exhibits:
A.
B.
Rezone Findings
Master Plan
RZ-05-AR-8427 Manus Rezone
Page 7 of 7
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Agenda Item No. 8F
November 14, 2006
Page 15 of 49
ORDINANCE NO - 06_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNfr.lCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED PROPERTY FROM
AGRJCULTURAL (A) ZONING DISTRICT TO THE
RESIDENTIAL MULTI-FAMILY 12 (RIvfF-12) ZONING
DISTRICf WITH A DENSITY OF 7 DWELLING UNITS
PER ACRE THAT WOULD ALLOW 61 MULTI-
FAMILY DWELLING UNITS. CONSISTING OF 8.68:J:
ACRES FOR A PROJECT KNOWN AS MANU'S
REZONE, THE SUBJECT PROPERTY IS LOCATED
WITHIN ONE MILE OF THE INTERSECTION OF
RATTLESNAKE-HAMMOCK ROAD (CR 864) AND
POLLY AVENUE IN SECTION 16, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORiDA; PROVIDING FOR STAFF AND PLANNING
COMMISSION CONDITIONS; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Davidson Engineering, lne" representing Polly Ave, LLC,
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 real property as more pmiicularly described by
Exhibit "A," attached hereto and ~ncol1Jorated by reference herein, and located in Section
16, Township 50 South, Range 26 East, Collier County, Florida, is changed from
Agriculture (A) to Residential Multi-Family 12 (R1YIF-12) with a density cap of 7
dwelling units an acre and the appropriate zoning atlas map or maps, as desclibed in
Ordinance No. 2004-41, as amended, the Collier County Land Development Code is/are
hereby amended accordingly. The herein described real property is the same for which
the rezone is hereby approved subject to the following conditions:
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
r ASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier Coullty, Florida, tbis
day of
,2006,
RZ-2005-AR-8427 Manus Rezone
Page 1 of2
-
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to for111 and
legal sufficiency
/ '""i,d, M. S,,",on'-Stiding
Assistant County Attorney
RZ-2005-AR-8427 Manus Rezone
Agenda Item No. SF
November 14, 2006
Page 16 of 49
BOARD OF COUNTY OMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, C.HAIRMAN
Page 2 0[2
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EXHIBTT:..A
P.arcel. One.:
Agenaa"ltem No. 8F
November 14, 2006
Page 17 of 49
TheEast'Y2ofth~$quthwe6t~of the Southwest ',Wof-theNortl1west ~. of:
Section 16, Township5.0Sc.iuth;Rangei6 East; less the North 30' Feet,.the
East 30 feet and the-So.uth~.o .feet th~reof, :Collier'Co'l.mty, Florida.
Parc'elTwo;
The West Vi of the SouthwestY-lofth<? South'yes.t Y40fthe Northwcsl\4 ,(;'f
S~ctI01i 16, Tqwn~hfp 50 South) Range 26 East, less the ,North 30 feet and
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REZONE FINDINGS
PETITION RZ-200-AR-8427 Manus Rezone
Agenda Item No. 8F
November 14, 2006
Page 19 of 49
Chapter 10.03.05.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.
Pro: The Comprehensive Planning Department has indicated that the proposed rezone is
consistent with the Future Land Use Element (FLUE) land use designation of the Growth
Management Plan (GMP).
Con: The density bonuses are being sought by Transfer of Development Rights (TDR)
credits which are being conditionally approved in case the rezone is not approved. The
developer shall provide documentation of the acquisition of full ownership and control of
all TDR credits needed for the development and of recordation of the TDR credit
certificates for all such TDR credits prior to the approval of any site development plan,
subdivision plat, or other final local development order. If the developer fails to purchase
the TDR credits then the density will defer to the four residential units per gross acre but
the zoning would stay Residential Multi-family 12 (RMF-12),
Findings: Based on the staff s review the proposed development would be in compliance
with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) and
the Land Development Code (LDC) section 2.03.07 states that a developer can utilize
TDR credits conditionally but no development order shall be approved until the
developer submits appropriate documentation that all the TDR credits were acquired.
2. The existing land use pattern;
Pro: This project will be consistent with the existing and proposed land use patterns as
eXplained in the staff report.
Con: Not applicable
Findings: The increase of density for residential units is deemed acceptable for this site
because the proposed rezone complies with the GMP and LDC requirements.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: An isolated district from the neighborhood is determined by topography and
inadequate public facilities. The area is serviced by transportation arterials and the project
is located within the Collier County Water-Sewer District boundary and for this reason
the rezone will not create an isolated district.
Con: Not applicable because the proposed residential rezone is within the Urban
Residential Subdistrict as identified on the Future Land Use Map (FLUM).
RZ-2005-AR-8427 Manus Rezone
EXHIBIT" A"
Page 1 of 5
Agenda Item No. 8F
November 14, 2006
Findings: The subject parcel is of sufficient size that it will not result in an f1~laf6llof 49
district because the proposed rezoning is for a residential district which is compatible
with the adjacent and nearby zoning districts.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The requested rezone will not change the subject site in relation to the nearby
residential boundaries.
Con: Not applicable
Findings: The residential parcel boundaries are logically drawn and they are consistent
with the Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future
Land Use Map (FLUM) of the Growth Management Plan.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: Staff finds the request reasonable and the use will be III harmony with the
surrounding area.
Con: The proposed rezone change is not obligatory at this location.
Findings: The rezoning is not necessary, per se, but it is appropriate because the project
will provide residential housing within the urban infill which is an objective of the GMP.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: The proposed rezone should not adversely influence living conditions in the
neighborhood as the proposed zoning is consistent with existing uses and compatible with
surrounding zoning and the TDR credits are required for a more intensive residential use.
Con: Not applicable
Findings: The development standards and landscaping requirements contained in the
LDC are intended to alleviate any adverse impact to the living conditions in this
neighborhood if the proposed rezoning is approved.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
Pro: The rezoning should not create excessive traffic congestion or otherwise affect
public safety as the GMP requires adequate access to and from the project and the effect
on pedestrian and vehicular circulation and safety.
Con: Traffic always increases with the approval of additional residential housing units.
RZ-2005-AR-8427 Manus Rezone
EXHIBIT "A"
Page 2 of5
Agenda Item No. 8F
November 14, 2006
Findings: The Transportation Services Division has reviewed the proposed PUD~ fMsof 49
recommended approval of the petition based upon transportation-related GMP policies.
8. Whether the proposed change will create a drainage problem;
Pro: The proposed change should not create drainage or surface water problems because
the LDC and GMP have regulations in place that will ensure review for drainage on new
developments.
Con: Staff will not determine if the new development will have drainage problems until
the review of the development order.
Findings: 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;
Pro: All new development has to adhere to the LDC which ensures land-use designs that
meet these goals.
Con: Not applicable
Findings: 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;
Pro: The proposed change should not materially alter the population pattern, or decrease
or overtax the load on public facilities.
Con: Not applicable
Findings: 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 residential zoning designation
should not affect value because the surrounding area is also residential zoning.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro: The LDC's criteria for review of each land use application to allow Planning
Commission and Board of Commissioners to follow standardized review process which
requires consistency of the GMP.
Con: Not applicable
RZ-2005-AR-8427 Manus Rezone
EXHIBIT "A"
Page 3 of5
Agenda Item No, SF
November 14, 2006
Findings: The development of adjacent properties, in accordance with ~stmgof 49
regulations, will not be affected if this rezone is approved.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro: Land Use application are subject to the public hearing process to assure that the
rezone thereby authorized shall not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity in which the property is situated.
Con: Not applicable
Findings: The proposed rezone complies with the land use designation of the Urban
(Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map
(FLUM) of the Growth Management Plan, which is a public policy statement supporting
zoning actions when they are consistent with the entire GMP.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro: The proposed rezoning conforms to the future land use element of the GMP.
Con: Not applicable
Findings: The property is currently undeveloped Agriculture (A) zoning designation,
which under the current (A) zoning designation, the property could be developed with up
to 35 residential home sites, subject to compliance with the LDC requirements.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro: The proposed rezone meets all objective criteria set forth for residential zoning and
conforms to the purpose and intent of the GMP and all its elements.
Con: Not applicable
Findings: The proposed rezone is designed In a manner that IS compatible with
surrounding property in size and scale.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro: The GMP encourages higher residential uses in the Urban Residential Subdistrict.
Con: Not applicable
Findings: Each zoning petition is reviewed on its own merit for compliance with the
GMP and the LDC; and staff does not review other sites in conjunction with a specific
petition. However, there are a limited number of sites for which the county has approved
a Residential In-fill Density Bonus Agreement to allow additional density to provide
RZ-2005-AR-8427 Manus Rezone
EXHIBIT" A"
Page 4 of 5
Agenda Item No. 8F
November 14, 2006
housing units in order to encourage residential in-fill in an urban area outsid8~ Hreof 49
Coastal High Hazard Area.
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.
Pro: The land use pattern should accommodate carefully planned levels of development,
protect existing uses, safeguard the environment, reduce sprawl, promote efficient use of
land, encourage alternative modes of transportation and help to maintain a sense of
community.
Con: Population density pattern and possible increase of the load on public facilities
including, but not limited to utilities, streets, environment and drainage.
Findings: While site conditions may restrict the location and square-footage of the
homes as well as increase in density, it would not render the property unusable.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro: The proposed rezone meets all objective criteria set forth for residential zoning and
conforms to the purpose and intent of the GMP and all its elements.
Con: The GMP encourages but does not require the synchronizing of development with
the availability of public facilities needed to support that development.
Findings: A multi-disciplined team responsible for jurisdictional elements of the GMP
has reviewed this petition and found it consistent with all Elements of the GMP.
RZ-2005-AR-8427 Manus Rezone
EXHIBIT" A"
Page 5 of 5
Agenda Item No, 8F
November 14, 2006
Page 24 of 49
APPLICATION FOR PUBLIC HEARING FOR:
STANDARD REZONE
Commission District
RE-SUHMl'ITAL
RZ-2005-AR-8427
Date Petition Received: PROJECT #2005010011
DATE: 3/2/06
Planner Assigned: ~ MELISSA ZONE
Petition No.:
-. --- ,..,,-...~.,. -"''''''nn L y
ABOVE TO BE COMPLETED BY STAFF
1. General Information:
Name of Applicant(s) Polly Ave, LLC
Applicant's Mailing Address
1570 Kelmedy Causeway
City North Bay Village
State
FL
Zip
33141
Applicant's E-Mail Address:
wilfred@flbertel.com.ar
Applicant's Telephone #
(305) 342-8927
Fax # (305) 868-3027
Name of Agent
Kelly Michele Smith Firm Davidson Engineering, Inc.
Agent's Mailing Address
2154 Trade Center Wav. Suite 3
City Naples
State
FL
Zip
34109
Agent's Telephone # (239) 597-3916
Fax # (239) 597-5195
Agent's E-Mail Address:kelly@davidsonengineering.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
APPLICATION FOR PUBLI~ ijJl:ARING FOR STANDARD REZONE- 4/14/03
Agenda Item No. SF
November 14, 2006
. Page 25 of 49
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and
ensure that you are in compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (provide additional
sheets if necessalY)
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:
N/A
Mailing Address
City
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 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 ifnecessary).
Name and Address
Percentage of Ownership
APPLlCA nON FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No, 8F
November 14, 2006
Page 26 of 49
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address, and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage ofInterest
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
Polly Ave. LLC
Jorge Savloff
1570 Kennedy Causeway
North Bay Village. FL 33141
Percentage of Ownership
100%
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:
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4i14/03
Agenda Item No. 8F
November 14, 2006
Page 27 of 49
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 lliJ 7/05
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 ofthe final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest fonn.
3. Detailed le!!al description of the property coveredbv 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) eopies of a recent survey (completed within the last six
months, maximum III to 400. scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplyii1g the conect legal description. If
questions arise conceming the legal description,. an engineer1s certification or sealed
survey may be required.
Section:
16
Township:
50
Range:
26
Lot: - N/A Block:
N/A
Subdivision:
N/A
Plat Book 1713& 1796 Page #: 792 & 1677
Property LD.#:00418680009 & 00423240007
Metes. & Bounds Description:
See Attached survey
4 . Size of property: 630 ft. X 605 ft, = Total Sq. Ft._ acres 8.68
5.
Address/!!enel'allocatioll of subiect property:
Road on Polly A venue
off of Rattlesnake Hammock
APPLICATION FOR PUBLIC HEARING FOR STANP~D REZONE - 4/14/03
Agenda Item No. 8F
November 14, 2006
Page 28 of 49
6. . Adjacent zonhu! and land use:
Zoning Land use
N A Undeveloped
S ROW Polly Ave
E ROW Sunset Blvd
W PUD Developed multi:"family
Does the owner of the subject prope1ty 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:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property.D.#:
Metes & Bounds Description:
7.
Rezone Reauest: This application is requesting a rezone from the A
district (s) to the RMF-12(7) zoning district(s).
zoning
Present Use of the Property: Undeveloped
Proposed Use (or range of uses) ofthe property: Multi-family residential
APPLICATION FOR PUBLIC HEARING FOR :;lTANDARD REZONE-4/14/03
Agenda Item No. 8F
November 14, 2006
Page 29 of 49
8. Evaluation Criteria: Pursuant to Section lO.03.05.G. of the Collier County Land
Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the rezone request with specific reference to the criteria
noted below, Include any backup materials and documentation in support of the request.
Standard Rezone Considerations (LDC Section 10,03,05, G.)
1. Whether the proposed change will be consistent with the goals. objectives. and
policies and future land use map and the elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
4, 'Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
5. 'Whether changed or changing conditions make the passage of the proposed
amendment (rezone) necessmy.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deel?led 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.
8. Whether the proposed change will create a drainage problem.
9. 'Whether the proposed change will seriously reduce light and air to adjacent areas.
10. Whether the proposed change will seriously affect property values in the adjacent
area.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
12. Whether the proposed change vdll constitute a grant of special privilege to an
individual owner as contrasted with the public welfare, .
APPLICATION FOR PUBLIC REARING FOR STAJ~DARD REZONE- 4/14/03
Agenda Item No. 8F
November 14,2006
Page 30 of 49
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or'
the county.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
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 pptential uses
w~der the proposed zoning classification.
. 17. The impact of development on the availability of adequate public facilities and
seM/ices consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance {Code ch, 106, art. II}, as amended.
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem important in the protection of the public health, safety, and welfare.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many commtU1ities 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 sublect property: To your knowledge, has apublic
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 tlns completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherw~se 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 fifteen (15) copies of a
24" x 36" conceptual site plan (16 copies if for affordable housing) [and one reduced
8l1z" 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 (BAB), or CepC];
APPLICATION FOR PUBLIC HEARING FOR ST ANDARD REZONE - 4/14/03
Agenda Item No. 8F
November 14, 2006
Page 31 of 49
· 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 stlllcture(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking .and loading, including required parking for the disabled],
. required yards, open space and preserve areas,
.. proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering as may be required by the County,
c. An architectural rendering of any proposed structures.
d. An Environmental Impact Statement eEIS), as required by Section 10.02.02. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), illinimum 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.B.1.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact statement (TIS), unless waived at the pre-application meeting;
h . A historical and archeological surveyor waiver application if property is located within an
area of historical or archaeological probability (as identified at pre-application meeting);
i. 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
j. 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.
Section lO.03.05.B.3. of the Land Development Code requires an applicant to
remove their public hearing advertising sign (s) after final action is taken by
the Board of County Commissioners. Based on the Board'-s final action on this
item, please remove all public hearing advertising sign (8) immediately
APPLICATION FOR PUBLIC HEAIUNG FOR STANDARD REZONE - 4114/03
Agenda Item No. 8F
November 14, 2006
Page 32 of 49
STATEMENT OF UTILITY PROVISIONS FOR STANDARD REZONE REOUEST
1.
NAME OF APPLICANT:
. Polly Avenue. LLC
2.
MAILING ADDRESS:
1570 Kennedy Causeway
CITY
North Bay Village STATE FL
ZIP
33141
3.
ADDRESS OF SUBJECT PRO~ERTY (IF AVAILABLE):
Hammock Road on Polly Avenue
off of Rattlesnake
4. LEGAL DESCRIPTION:
Section:
16
Township:
50
Range: 26
N/A Subdivision:
N/A
Lot: N/A Block:
Plat Book 1713& 1796 Page #: 792 & 1677
Property I.D.#:00418680009 & 00423240007
Metes & Bounds Description:
See Attached survey
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM 1XI
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM D
PROVIDE NAME
d. PACKAGE TREATMENT PLANT D
(GPD capacity)
e. SEPTIC SYSTEM D
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM !Xl
b. CITY UTILITY SYSTEM D
c. FRANCHISED UTILITY SYSTEM D
PROVIDE NAME
d. PRIVATE SYSTEl\1 (WELL) D
7. TOTAL POPULATION TO BE SERVED: 64 residential units
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4/14/03
Agenda Item No. 8F
. November 14, 2006
Page 33 of 49
a. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 53.36PM AVERAGEDAILY 19.200GPD
B. SEWER-PEAK 53.63 PM AVERAGE DAILY 19.200 GPD
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYS~EM~ PLEASE PROVIDE THE'DATE SERVICE IS EXPECTED
TO BE REQUIRED: 1 Year
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawiilg of sewage treatment process to be used as well as a specific statement
regarding the method of effluent and sludge disposal. Ifpercolation ponds are to be used,
then percolation data and soil involved shall be provided from tests prepared and certified
by a pl'ofessional engineer.
11. COLLIER 'COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system, written
notarized statement. shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the constlUction ofthese faeilities in aceordance with all applicable County
ordinances in effect at the at time, This statement shall also include an agreement that the
applicable system deve1<?pment 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 eontain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any provider other than the County, a
statement from that provider indicating that there is adequate eapacity to serve the project
shall be provided.
UtUlty Pl'Ovislon Statement RJl\11O/17197
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 4114/03
Agenda Item No. 8F
November 14, 2006
Page 34 of 49
Manus Rezone (ARNB427)
Evaluation Criteria Narrative Responses
1. Whether the proposed change will be consistent wIth the. goals, objectives, and
policies and future land use map and the elements of the growth management plan.
The subject property is designated Urban (Urban-Mixed Use District, Urban
Residential Subdistrict), as identified on the Future Land Use Map [FLUM} of the
Countis Growth Management Plan [GMP}. This Subdistrict permits residential
development with a variety of unit types at a base density of four residential units
per gross acre.
The requested rezone is consistent with the provisions of the Residential In-fill Density
Bonus as follows:
a. The project is 20 acres or less in size;
b. The subject property is located within the Collier County Water-Sewer District
boundary. At time of development. the project will be served by central
public water and sewer;
c. The project is compattble with surrounding land uses;
d. The property in question has no common site development plan with
adjacent property;
e, There is no common ownership with any adjacent parcels.
f. The parcel in question was not created to take advantage of the in-fill
residential density bonus and was created prior to the adoption of this
provision in the Growth Management Plan on January 10. 1989.
g. Of the maximum 3 additional units. one (1) dwelling uhit per acre shall be
transferred from Sending Lands.
The applicant is requesting a maximum density of seven (7) units an acre with the
unQerstanding that 1 dwelling unit per acre density bonus of the 3 dwelling units per
acre bonus allowed by residential infill will be achieved by obtaining TDR Credits to
entitle 9 dwelling units (the # of acres of the project x 1 du/a). The applicant further
understands that these TDR Credits must be obtained prior to. SDP approval or final
plat approval, whichever is applicable.
2. The existing land use pattern.
The existing land use pattern in the surrounding area is single family residential and
vacant agricultural. The requested rezone from A to RMF-12(7) is compatible with
the existing surrounding land uses. The subject property is surrounded on all four sides
by right-of-way. three sides of wh[ch is either paved or planned for future roadway.
With the addition of the Type D landscape buffer adjacent to each right-of-way,
any potential negative impacts of development are minimized.
Page 1 of 4
Revised February 2006
Agenda Item No. SF
November 14, 2006
Page 35 of 49
3. The possible creation of an Isolated district unrelated to adjacent and nearby
dIstricts.
The requested rezone would not create an 'isolated district, The adjacent properties
to the west are currently zoned residential Pl,JD. Rezoning the subject properties
would not impact the consistency of zoning in this area.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
There are no reasons that indicate that the project boundaries are illogically drawn.
5. Whether changed or changing conditIons make the passage of the proposed
amendment (rezone) necessary.
There are no changed conditions that make the passage of the proposed rezone
necessary.
6. Whether the proposed change will adversely. influence Ifving conditions In the
neighborhood.
The proposed zoning change should not adversely influence living conditions in the
neighborhood, The Developer will be required to provide adequate 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 actfvity during
construction phases of the development, or otherwise affect publrc safety.
The proposed density of 7 units per acre will result in Average Annual Daily Traffic
counts of 422 trips. The proposed change will not excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses. Santa Barbara extension adjacent to the subject property is scheduled to be
constructed in 2007. This roadway is classified as Principal Arterial on the 2025
Functional Classification Map in the GMP. Arterial roadways are generally designed
for higher traffic volumes and intended to serve more intensive development,
.8. Whether the proposed change will create a drainage problem.
The proposed rezone will not adversely impact the drainage in the area. South
Florida Water Management Standards will be utilized in the design of the drainage
system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed development will comply with the appropriate multi-family
development standards and will not seriously reduce light or air to adjacent areas.
Page 2 of 4
Revised February 2006
Agenda Item No. 8F
November 14, 2006
Page 36 of 49
10. Whether the proposed change will seriously affect property values In the adjacent
area.
.There is no reason to believe that the project as proposed will adversely impact
values in the area. The proposed new, quality development should in fact increase
property values.
11. Whether the proposed change will be a deterrent to the improvement or
development of QdJacent property In accordance with existing regulations.
The properties to the north and south are undeveloped. The properties to the east
and west are developed residential. There is no reason to believe that the proposed
change will be a deterrent to the improvement or development of the remaining
adjacent property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special priVilege to an
individual owner as contrasted with the public welfare. .
The proposed change will not constitute a grant of special privilege to an individual
owner as contrasted with the public welfare. Any property owner in a similar
situation will have the sam~ ability to request a rezone.
13. Whether there are substantial reasons why the property cannot be used In
accordance with existing zoning.
The existing zoning limits the property to uses that do not have a high demand in this
area of the county at this time. The size of the property also limits the realistic
potential for agricultural use of this property.
14. Whether the change suggested Is out of scale with the needs of the neighborhood or
. the county. .
. Th'ere is no reason to believe that the change suggested is out of scale. with the
needs of the neighborhood or the county.
15. Whether It is impossible to find other adequate sites in the county for the proposed
. use In districts already permitting such use.
There are no other adequate sites for the proposed use in districts already permitting
such use in the immediate area.
16. The phys1cal characteristics of the property and the degree of stte alteration' which
would be required to make the property usable for any of the range of potential
. uses under the proposed zoning classification.
The property is currently undeveloped and would require site alteration typicai of
the type of development proposed. . .
Page 3 of 4
Revised February 200,6
Agenda Item No. SF
November 14, 2006
Page 37 of 49
17. The . impact of develQpment on the availability of adequate public facilities and
. services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and Implemented through the Coiner County
Adequate Public FacIHtles Ordinance [Code ch.l 06, a~. IIJ, as amended.
A determination of adequate public facilities will be obtained from Collier County
prior to construction.
18. Such other factors, standards, or criteria that the board of county commissioners
shall deem Important in the protection of the public health, safety, and welfare.
There are no other factors, standards or criteria related to the protection of the
public health, safety and welfare.
Page 4 of 4
Revised February 2006
Agenda Item No. 8F
November 14, 2006
Page 38 of 49
L.aw. Offices
Lo.u'i~'A.. :S~pr~~l,. :P...~
. - , . .
245qN,E:-Mj~.G~enIJD,ri.vL'l
SecOna.Floor.
Nl>rtIt:Mia:til,l B~ilch)Fl()i;ig~ 33.180:
ioUia A. ~upraski.
Board Certified
Reel Estate Lawyer
sUl;lraski'illliellsoUth.net
.'re,t:.30S..792;0050
Fax: 305~792.0061
Jun~16, 2006
Polly.Ave,LLC
Attn:.1orge Savloff,ManagingMernp.et
1570 KennedyCaliseway .
North Bay Village, Florida 33141
. . .. -
Re: ParcelofLandih:Collier County~, Florida
DeatMf.S<i,\rloff,'
This letter iswritWllin response'lo .YQurreq uest forinforinationconceming ;the
. two. contiguous parcels Qfreal pro!'erty (collectively the "Propert>,H). as .morepmilculady
described on the attached Bxbibi t A. Thespycificquestion, .~s 11md.erstandit, i!) whether
the. property was split.offef a larger parcel'subseqllentto)989 or whether. in . fact, . the
Property has been in.itscutfeIl,fconfigurationthrollghout( and .priorto}thisperio(;L
. The current, record'6wner:ot the-Property jsPolly AVe~.LLC.aFlorida Limited
Liability Company,
Please. note .that thi.~.opini(m is based upon: an Attorney Title Insurance 'Pund,Inc.
title.printout. No entries prior to 1996 arereflec;:te(L.. .
My examination oftltlereveals that tbe.parcels have been.discretesince:prior to
1980., In,$eptember 1980) both parcels wereacqull'ed byPatrichiGoUeli (copies oftlie
deeds are attached hereto)~!v.Is.GotelIisubsequentlyconveyed the ProperlY in 1992.
Therefor~~th~ Property has e~isted'illitscurrent c.onfig\lration (i. e .,riot part.o fa
laq~et.p arcel) since at least.S eptember,1980.
If you h~ve any. other questkms Qf require any furtheiirifohttatlonplease:do. no
hesitateto,call. . . C\.. ,.. \7,
IV.. e..1.......ru..9. YiY.ours.,
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Novel11ber 14, 2006
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of the. tlotthw~lIt.l/. O-f'Sl)ti.~ '1.on'H,,}l'o~ilhip SO ':Scri,'(t.:h.,
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THIS lNSTRUMl!NT PREPARED BY:
. PlIy TlIkI Compan)'
Lalli~ A.. tiup.-.kl. Esquire
%$ loll!. MilI..i Gllrd", Drl"e.. 1.1l Floor
NDrth MilllIIllltacll, FL 331110
Agenda Item No, 8F
3675586 OR: 3864 PG: O~~ve~~~~ ~~ ~?~~
llCOiDU i~ DmtUl UC/JIDI of l:OLml tlltlTJ, n
GI/G9mu a~ U;lDJII nlGft I, .~, CLlR
COIS ImOVUI
DC In 18.lD
JIJ(-.U 10150.00
R.ECOfU) AND llerUllN TO:
&.y TItlo CcI.-pau,)' .
~ NE MIaJlll clanllllJ' Drive, :1111l Fioot'
Nol1h Mlalnl.Blluk, JI'L >>JIQ
fl.!:: PARCEL lL) II: 0042!~ .~ OO.lMlOOO~
J.etlll
BJ.t U'M CQlJW
zm .... WIt GUllII. Dl
KWlI UUi IWI n nna
WARRANTY DEED
THIS WARRANTV' nEED mad.c this 15th dl)' of July. 2005 by WF In...escments
LLC, a Fll)li~ Limited l.ialtlliy ClODlpQy, ~ l'lIfcrL'ccl to as Graritor, whether one or
mD~ and whose lUI.dr~ is 2450 N.E. Minai Ga:rdIm.a Drivol,~d Fler, North Mia12d
&au, FL 33180, to Poll)' Ave., LLC, a 'FlorilU. LImited r..t.b1Iity com__y. b=inafter
ret'etml to Il4 Oranlec, whether OJle or more. aDd wbosa addzcs.s Is 24SI N..E. Mia_ GP'dea~
Drive. 2ud Floor, Nonh MiaIIIl8each, FL 33180.
(WhotfflfUSC'd koin o..IICtII1'IlRIM'" 11I4 .....OU.'rIOl*.. ~ paRior Ib ~~lAClllio boinr,
\;pl RfIItWllIall~", IUllI ~1I ot1RdM4IaIl", 11141h.o_ ~....ips arCCcpOl'lllioN;,)
WITNESSEmt
THAT GlUtot'. for and in coDllidenrt1on of the sum of Tell 00 NOll 00 Dollm and other
valUI:I.blc considc:nrti.ons. itl bAnd paid by Oranre=, the: ~eipt whereof is hereby a.ckaowk:dp1.
hereby grant&, ~ns. ;ells., a1itlll.S. remi~, relcasas. conveys llnO oonfums \Into Gmntcc tho;
foU()Willg describcid Imd l'iitullte, lyl~ e County of Collier, State ofF'lorida to
wit: y~R O@
r~O~ )'.~.'
Pan:tl One:....... or
Ilf Ill~ NortJrwClt 114
t North J{) Fcet~ the
Illlo . f'lorma.
ANI)
SUBJECt'TO taxes l1CCll1ing subsequent to Z007. .
. SUBJECT TO j:OVllZWIUl, fllSlriOlions IDO easemlmts of reoor4. if llDY: l\owevCl1'. this
ref;;ren.ce shall not. operatCl to rel~se WIle,
TO HAVE AND TO HOLD tho ~ in feo simple forever.
AND Oranior hereby covetumts wilh ~ that Grantor illlawfuIly ~ of:lllid U-nd
in fee simple~ that Grmttor has good ri~ und Iawfl.d aufuority Ixl sell end convey said land; that
Gnmwr hereby fully wnmatltS lite title (0 said land and will defend the lWtll: ugainst ~ lawful
claimg of lion pl)1'SOns whomsoc:ver; ancllhat said land is fu:Q of all e.ncumbnnces.
~'P' I I'I'Z FI>/l1l ~ Dy. AuloolUolOllUol ~ lio:l'/\"".III', . ~OO, lJQ,lm
foll;:~I~n^
^N~dWO~ 3llIl ^~a
099SZ69S0E
bp:gt 9000/01/60
(;0 3El'v'd
Agenda Item No. SF
November 14, 2006
Page 42 of 49
jtr OR: 3864 PG: 0124 ttr
IN WiTNESS WBI.RI.OF, Grantor has Biped and seallld those preJelJts tlw day ~d
year first above: written.
Slgn8d, HlIIllXllUJd delivered in our pte58I1~: WF 1n"'IIII_ta Uc,
~~ '_UmKM~~_
~-; -~,~- ,~,\'\I '
,..
. .. '
ST ATE OP FluriG.
COUNTY OF Mb&Dl.t-D.de
~ of July, 2005 by OuiUcnno
Limlt1:d LiabUty
-
0)1.brDia
~"
- ........:
". IilIInltI ......
My eom:mJ.sslcn expite~
~'r<'2 ~n F"""IO~ ~rl"'_llaI Uw SonL-. \llIl. . .OQ, UD.m-)
~";;0411IlA
AN'i:ldWQO 31lIl ^\;Ia
BS9S2:6S90E
6p:9l 900elet/60
CIVIL ENGINEERING · PLANNlNG · LAND DEVELOPMENT SERVICES
Manus, Rezone
Trip Generation Report
Prepared For:
;polly Avenue, LLC
1570 Kennedy Causeway
North Bay Village, FL 33141
Prepared by:
Davidson Engineering, Inc.
2154 Trade Center Way
Suite #3
Naples, Florida 34109
September 2005
Revised February 2006
Agenda Item No. SF
November 14, 2006
D~Of49
DAVIDSON
ENGINEERING
Statement of Certification:
I certify that this Traffic Impact Study has been prepared by me or under my immediate supervision and that
I have experience and training in thefield of traffic and transportation e1~gineering.
JeffL. Davidson, P.E.
License No.: 47161
Company ID #: 00009496
SE? 1 4 2D06
1..i~V
I .; /{
'-~/
2154 Trade Center Way, Suite #3 . Naples, Florida 34109 . Phone: 239.597.3916. Fax: 239,597,51 5
www.davidsonengineering.com
Introduction
Agenda Item No, 8F
November 14, 2006
DeOf49
DAVIDSON.
ENGINEERING
Manu's Rezone is a +/- 8.68 acre, 61 unit multi-family townhouse development proposed to be constructed in
one phase on the West side of Polly Avenue. The project is located in Section 16, Township 50 South, Range 26
East Collier County, Florida.
Existing Conditions
The site is currently undeveloped.
Proposed Conditions
.J... maximum of 61 multi-family residential townhouse units will be constructed in this project. The
~companying roadway and utilities will also be built along with these residential units.
Trip Generation
Agenda Item No, SF
November 14, 2006
DI.4~Of 49
DAVIDSON.
ENGINEERLNG
Trip generation rates were derived per the Institute of Transportation Engineers publicationt Trip Generation
Seventh Edition. Land Use Category and their associated square footages used for the project are listed below.
A) Number of units (i.e. dwelling tmits, square feet, etc.)
Total 61 multi-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
Residential Condominium/Townhouse (LUe 230)
Trip Generation
Table:l ResidentiarCondorninium/To\Vllshouse (LUC 230)
X = 61 Units
Calculated J'raffic Equation Entering Exiting
Weekday Daily Traffic = 422 Lnm =0.85 Ln(X) + 2.55 211 (50%) 211 (50%)
AM Peak Hour Traffic:::: 30 Ln(T) == 0.82 Ln(X) + 0.17 5 (18%) 25 (82%)
PM Peak Hour Traffic = 59 Ln(T) :::: 0.34 (X) + 38.31 38 (64%) 21 (36%)
PROPOSED BUILDOUT
This project is anticipated to be built out by 2008, at that time Santa Barbara Boulevard extension from Davis
Blvd. to Rattlesnake Hrnck Rd. will be built and will only affect the existing North Bound trips existing on Polly
Ave.
5 trips i
20%
Agenda Item No, 8F
November 14, 2006
Di46~Of49
D VIDSON.
E GINGERING
l
J
o
o
Figure 1., AM Peak Hour Distribution
,."
8 trips' ~
20%
8 trips
20%
c:7
l
!
;3
Figure 2, PM Peak Hour Distribution
Agenda Item No, 8F
November 14, 2006
Page 47 of 49
DE
DAVIDSON
ENGINEERING'
Table 2 Impacted Segments
1D# Segment Service BT TB RC PT LOS
Volume
74 Rattlesnake Hmck Rd. 2,340 770 105 1,465 30 B
(Countv Barn Rd. to Pollv Ave.)
Proposed Rattlesnake Hmck Rd. 3,200 560 188 2,452 23 B
7fi (Pollv Ave. to CR9fi1)
Existing Rattlesnake Hmck Rd. 840 560 188 748 92 D
7fl (Pollv Ave. to CRgS1)
. BT= Background Traffic (Existing)
. TP= Trip Bank '.
. RC= Remaining Capacity
. PT= Project Trips
. LOS = Level of Service
Provided in Table 2. is the existing and proposed construction on Rattlesnake Hammock, as provided
by the Collier County (2005) AUIR Report.
Conclusion
Based on a LOS B for all impacted segments, the proposed site's additional traffic trips would have a maximum
impact of 1.28%. This SDP project may have minor negative impact to the exiting impacted segments.
Total Project Trips (30) / Total Service Volumes (2,340) X 100 = 1.28%
- - _. .., _I n.
u....v, \"t'V'V\' , VQ'OI" l\'tId111
Agenda Item No, 8F
NO, auatJ'lOV'PI')1~r 14, 2006
Page 48 of 49
J. "0
South Florida Water Mal\8iriement District
. ,
fori. M~Oft aer"IGe Cenl:uI ' ,
114! CoIOl\laIBllIci.,l3aulle 81 II Fori Mv41'1. F1. !SOOT tl (at!) tl7lM3FWM II> 1.!lOO.t4la!Ol 0 FAX (918) e18.~:IO
CON 24..06
Ragu1.t1on Dupartm8nt'
~
.~.
1
July 13, 1994
Mr. Jeff Davidson
Wilkison l Associates, Inc.
3505 Exchange Aven~e
Naples, FI. 33942
Dear Mr. O&v1dson~
Subject~ Pully AvenLle 8 Acr! SHoe, Col'l1a""ccutlty SlEfl1'60\ilK26E
(Sit8 Xnspectton on JYly ,) 199~) ~
Ph_58 f;r\d enc:1oud a topy of t~e sito insp'''~t1,on,..mamorll.ndum for the ii\bo.vlI .
mentiOGbed project con'1l'ming that then ..roe' ,no", jfA:i"1J~1,ct1an,al wetl flncts .on.. ,the
.site. A mora datl.i1ed Y'rav1ew of the proposed; proJect site ~tld an.)' 'J1Y'OlPClt~cf
m.tigation C~i'\ be,prov1ded follQwing the subm;.thl ,of adl1it1onlll pt"."llppH.cl-t~,~n-
information Oil" at the time of permitting. The,.p~opo5ed project chu,1gn w~1.1 .b~
evaluated for conmtst&nCV with ~~di~ 7_~ ~'~lsis of Review, 'ound in tb~
',)'htrict~t uP,rm1t Inf9rl)'tmtipn L :)~_VoJa..J!"'.
Ploa!0 note to&t revi$W of, pre~mppl1c&t1an ;nformlt~on,1s infDrmal ~nd'wil1 not
DA binding on the District until ~ permit h~s bIen issyed. In Drd~r t~ ~~pMdite
th~ p~rm1t process, ple~te attacn a copy of this letter ~nd memo to your pmrm1~
appl iCI,UoHt.
""~,,,".~~IQClI"J:UD III ill ...ap" FI a "u:uw. ..."'..
.,
I
tt
:f
lit flle h~H\ bmen Sltt yp at the fort Myers offie" w1th pn~lAppHcllt1oR mater1~1s';
If yay hive ~ny q~est1Qn$ p~rt~1n1ng to tht p\"'$-~ppltc&t1on \nformmtionn p1Q&se
tont~et D~Wfi DQwling mt (813) 27a-73~6. '
S~li,
af.r3~ ~.1.
s.:::'I"g 310~~'::
Nltu~~l ResoMree M~nag!ment Division
KJ/dd
RE-SUBMITT AL
~-2005-AEl~8427
PROJECT #2005010011
DATE: 3/2/06
MELISSA ZONE
, :
, .'
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- ~~Ijo\lj)&~' > "':! ;-:' .wllll'nlW"W60.fli~ca g,\,\~" ~\tli:' JT~~fi" :~. ~: ':,": "~{prfiiG(ar .
U1l6\m\lM, dr.. \!.Ice'.cli'lhlr.Nlliii, '.~ ~18~ ~i ,:-, ,,' :r.qIAik'!Bft , .. '.. ;,~: T~ .." ,: ... ,..... ....' ~'l)I beli'Ull\l61 K)1",~f
l&.nS0I!R' , ,,;. ..' Aj!Mt:Mllki~": ,,, "i.a~o.~~' ," ,;"!, ';; ...:,:,J..,:"",..., " .
1l.JJ....A_..",'.oC"..",l r"an 1iI;_...~~..._.~~,..; ..I~~' "~, ._qt~.'::;""~.~r-.~\..~(iVci:t\f~~~Q$~'~';"~'Cl~'.-Ao.'" .' .-: .. .........,cIoPt ~ ...... ....- 0.....
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NoV. O. 2004 0:13PM
.
HardY Davel, /Davel, Realty
No. a9~enf)a li~ No. SF
November 14, 2006
Page 49 of 49
On July 71 1994, I mQt with Mr. Jeff D8.Vidson'~f:',~'ldson ~ Assoefates. lne,_ a~ ..
the above feferenced s1tti. The 8 acre site U lac'ltlel'''on the north stde of 'PDTlY' ,
Avenum, 1mmediats1y west of Sun6st 8oulevlrd.
The it-to conmhh of two basic habitats, ~: ~'n./pilmet:to flntwood'i - L\l1d it!
cyprlsa/p~fie ,non-functiofli!l watland, The pin~I!"~:fl1etta flatwoo~ ~emin,'t'I!I'I'}.l.h.t!"
ma-jori.t)', Df the site. This I1.rea is dom1Mhd'~y.~~h'..h,p11,Y. and si!Jw'pa1'mDttos"bUl~ ,
a1so i nc1 udes a fa 1,,. imount of ,bl"lZll hn J)gpper.-'::l,.-nfnht 1.gn.
.
Thg second habiht on the $ite ~.s a, cy.pr~.ziil~:ift.'8"'nan..func:.tionfll wothnd, This:
ab"tu. \IIllS dominettlld by ~in. with scmttereQ. '~ttr,~.$j,;"ana brllil1 hln pep'pfU", lichen
line>> W0're obs.tv.ed it th~ ~sa of the, tr',tal..1-ildiclt1ng thesQ &rlleSl waro not
subjrtcted to ,'1'r\tlMltion. , 1'hi'5 .arefl ~PPGlt~i':t~L~.lkve bun,li wetl&tuf &~ one timet
howevltlY' ~O.I 9\f1deDce of Mdr@lQ9Y WIA$ foun~ ,t~~4, upon' th~ v.,glflhtnn. p~e$ent
Mnd the l~ck;of 'hydr~lD~Y incl1c~tor~1 thi~ n~~'w~~ d@tmrm~nGd not 'to bm'SFWMD
jijris@ict1an~1. ' .
The ~pp.liG:@t~,.n~. when su.bm1tt9d~ ~hoLlld 1!J~~~!l',&H 0f t~ ,v~get~t1on commun1t1.es
i~nt1fhd d!.ld,ng, thll!l PV'@"lppi tc&tion mmet'tf.l'~r.' 'StlrvQjted 'acreage MU O)oun~&r1ss
for ~~ch of th@ ~re&B $hOMld be 1nclijd~d.
TO:
FROM:
THROUGH:
DATE:
SUBJlECT:
File
Dawn Dowling, Environmental Analyst, NRM Div;.1on'
Karon JOhn.~.rVI'lng Prof...lon.l, -NAM 0Ivl.1.n
July IS, 1994
Polly Avtnul, Col'1ir County, S16/T&OS/R.26E
(Pre~appl1c&t;Dn Inlpection on Ju'y 7, let4)
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EXECUTIVE SUMMARY
Agenda Item No. 9A
November 14, 2006
Page 1 of 12
....-"~
APPOINTMENT OF MEMBER(S) TO THE ANIMAL SERVICES ADVISORY BOARD
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on May
13,2010, to the Animal Services Advisory Board.
CONSIDERATIONS: The Animal Services Advisory Board is a 7-member board that was
created on January 27, 2004 by Ordinance No. 2004-06 to make recommendations to the Board
of County Commissioners on programs, services, classes and special events that will further
assist Collier County Domestic Animal Services in providing the best possible service to the
community. They will also analyze and review construction and improvements to Domestic
animal Services facilities and make recommendations to the Board of County Commissioners
regarding such facilities. Three (3) members shall serve a term of four (4) years; two (2)
members shall serve a term of three (3) years; and two (2) members shall serve a term of two (2)
years. After initial appointments, terms will be 4 years. Membership shall represent the
following categories:
-
1 - Humane Society of Collier County
1 - Law Enforcement
1 - Veterinarian or Vet Tech
1 - Animal Activist Group
1 - Citizen in the Pet Retail, Boarding or Grooming Industry
2 - At Large
A list of the current membership is included in the backup.
Mr. Larry Greenberg was appointed on April 11, 2006 and resigned on May 9,2006. A press
release was issued and 1 resume was received from the following interested citizen:
APPLICANT
CATEGORY
.mg ELECTOR ADV. COMM.
I Marcia Breithaupt
I Pet Retail
~ None
COMMITTEE RECOMMENDATION: Marcia Breithaupt
NOTE: This appointment was considered at the September 12, 2006 Board of County
Commissioners meeting and, at that time, the Board continued it until the Animal Services
Advisory Board contacted the applicant for an interview.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDA TION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
_ Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: NOVEMBER 14, 2006
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9A
Agenda Item No. 9A
November 14, 2006
Page 2 of 12
11/14120069:0000 AM
Appointment of member to the Animal Services Advisory Board.
Prepared By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
BCC Office
10126f2006 1 :10:04 PM
Approved By
Date
James V. Mudd
Board of County
Commissioners.
County Manager
County Manager's Office
10f2712006 3:37 PM
filson_s
Page 1 of 1
Agenda Item No. 9A
November 14. 2006
Page 3 of 12
From: CastorenaMargo
Sent: Wednesday, October 18. 2006 1 :05 PM
To: filson_s
Subject: DASAB Rcommendation
Ms. Marcia Breithaupt was interviewed by the DAS Advisory Board last night at their
October meeting, and is recommended by a unanimous vote (5-0, one member was an
excused absence) of the DASAB to the BBC to fill the Pet Retailer vacancy.
Please let me know if you need any other information on this matter.
Margo A. Castorena
Director
Collier County Domestic Animal Services
7610 Davis Blvd, Naples FL 34104
(239) 530-PETS (7387)
FAX (239) 530-7775
10/18/2006
filson_s
Page 1 ofl
Agenda Item No. 9A
November 14, 2006
Page 4 of 12
From: CastorenaMargo
Sent: Friday, October 06, 2006 3:03 PM
To: filson_s
Cc: ramsey_m
Subject RE: Advisory Committee Recommendations
Ms. Breithaupt was invited by the Dr. Eisel, the president of the DASAB to attend their next
scheduled meeting to answer any questions the board members might have. The next
meeting of the DASAB is October 17, 2006. I will let you know the outcome of the vote as
soon as it is completed.
Margo A. Castorena
Director
Collier County Domestic Animal Services
7610 Davis Blvd, Naples Fl34104
(239) 530-PETS (7387)
FAJ<(239) 530-7775
From: filson_s
Sent: Friday, October 06, 2006 1:12 PM
To: CastorenaMargo; page..,j; sillery_t; hambrighLg
Cc: SheffieldMlchael
SUbject: Advisory Committee Recommendations
Just a reminder that I am waiting for recommendations or verification that the applicants meet the criteria to serve
on the respective committee. These are due on October 9, 2006:
Emergency Medical Services Advisory Council
Immokalee Beautification Advisory Committee
Lake Trafford Restoration Task Force
And, I'm still waiting to hear from DAS in reference to the applicant that went before the BCC on September 12th
(Marcia Breithaupt
Sue :FilSon
Txecutive :Manager, 'BCC
(239) 774-8097 yfione
(239) 774-8865 fax
suefilson@colliergov.net
10/6/2006
Agenda Item No. 9A
November 14, 2006
ffiO<M<d' i!=ml!::.:!'!~ pat!>
(239) 774-8097. Fax (239) 774-3602 '''OliO-
Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
September 13, 2006
Ms. Marcia Breithaupt
7508 Firenze Lane
Naples, FL 34114
Subject: Animal Services Advisory Board
Dear Ms. Brithaupt:
While convened in regular session on September 12, 2006, the Board of County Commissioners
voted to continue the appointment of a member to this committee to a future date to give the
Animal Services Advisory Board an opportunity to interview you at one of their scheduled
meetings.
By copy of this letter, we are requesting Margo Castorena, DAS Director, to contact you to make
arrangements for you to attend their next regularly scheduled meeting.
On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for
your willingness to serve the residents of Collier County as a member of this advisory committee.
Very truly yours,
.~~--
C~ank Halas, Otaitman
Commissioner, District 2
FH:sf
cc: Margo Castorena, DAS Director
Agenda Item No, 9A
November 14, 2006
Page 6 of 12
Animal Services Advisory Board
Name Work Phone Appt'd Exp. Dote Term
Home Phone DateRe-appt 2ndExpDote 2nd Term
Ms. Karen M Acquard 04/13/04 04/13/08 4 Years
44124th Avenue, N.E. 455-8318
Naples, FL 34120
E-Mail: ladij@att.net
District. 5
Category: At-Large
Dr. Randall Eisel 513-1777 04/13104 04/13108 4 Years
5256 Coral Wood Drive 455-7674
Naples, FL 34119
E-Mail:
District: 3
Category: Veterinarian or Vet Tech
Sergeant David Estes 253-4087 04113/04 04/13/07 3 Years
3301 E. Tamiami Trail 793-9138
Naples, FL 34112
E-Mail:
District:
Category: Law Enforcement
Mr. William Thomas Kepp, Ir. 825-5834 04/13/04 04113/08 4 Years
6491 Sable Ridge Lane 514-2193
Naples, FL 34109
E-Mail: bibtom@aolcom
District: 3
Category: Humane Society of Collier County
Ms. Michele Antonia 3n-0981 10/11/05 04/13/07 2 Years
7620 Rookery Lane 353-1901
Naples, FL 34120
E-Mail: bbuma.ne@}earthl.net
District: 5
Category: Animal Activist Group
Tuesday, Aprllll, 2006
~--...
~'.'.. ....:-,..~_'...c-,~':-:':':~7"~:",/7""'"._ ~..: '-. - 7,:-"".:.._."'-~:"~,;:-:::?_: _7:-,-:-;:",-",_~,::,'_:"~"'::0:-7'.,-;~,>"'''':'',",- ',~,:',:.,~.~...,.~,
Agenda Item 1\10. 9A
November 14, 2006
Page 7 of 12
-.
Animal Services Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndErpDate 2nd Term
Mr. Larry Greenberg f.e.:7I~(l-,j, 64~080 04/11/06
3371 7th Avenue. N.W. .5 -t; ,O{,f 348-3426
Naples. FL 34120
E-Mail: Lgreenberg@SW.Florida.com
District: 5
Category: Pet Retail
04/13/1 0
4 Years
Ms. Sabina Angela Musci
4470 32nd Avewe, S.W.
Naples, FL 34116
E-Mail: sam4470@earth1ink.net
District: 3
Category: At Large
261-8080 03/14/06
455-8386
04/13/10
4 Years
Tuesday, April 11, 2006
Page 2 of J
Agenda Item No. 9A
November 14, 2006
Page 8 of 12
Animal Services Advisory Board
Name
Work Phone Appt'd Exp. Date l'erm
Home Phone DateRe-appt 2ntlExpDate 2nd Term
This 7-rnember board was aeated on ....uary 27, 2004 by ORiinance No. 2004-08 to make
recommendations to the Board of COtI1ty Commissioners on progrwns, services, classes and
special events that will further assist Collier Col.l1ly Domestic Animal Services in providing the
best possible service to the community. They wHI also a181yze and review construction and
improvements to Domestic animal Services facilities and make recommendations to the Board
of Coooty CommisSioners regarding such facilities. Three (3) members shall serve a tenn of
four (4) years; two (2) members shall serve a tenn of three (3) years; and two (2) members
shall serve a tenn of two (2) years. After initial appoinlmerts, terms will be 4 years.
Membership shall represent the following categories:
1 - Humane Society of Collier County
1 - Law Enforcement
1 - Veterinarian orVal Tech
1 - Animal Activist Group
1 - Citizen in the Pet Retail, Boan:lng or Grooming Industry
2 - At Large
FL STAT
Staff: Marco Castorena, Director, CAS: 530-7387
TuesJ;;A;riiTfzoo6" "='
Page
Agenda It8m No. 9A
November 14, 2006
Page 9 of 12
MEMORANDUM
DATE:
June 2, 2006
TO:
Elections Office ~
Sue Filson, Executive Manager
Board of County Commissione .
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.
ANlMAL SERVICES ADVISORY BOARD
Marcia Breithaupt lief 3 7{{(~) ((3
7508 Firenze Lane
Naples, FL 34114
_cD", . 0 L~ r
~:J-V~,- /1.['}
A'6C l,Q' 1t1 or 0 ~
-" I "
...e
Thank you for your help.
5 ,,,v
~wJ ~',~,s fP'"
COMMISSION DISTRICT
jR
rJLS-
R EC r-: ~\ lr....- ~L
". ,-. '\j -._! j
JulfN 11 "' "!n"lj::
I ..' C ...;';vu
r:..C'i-?i'G ;)i ~-:C:o...iL.'
._.:)r"i~'l;;:::.:;;. ":'::;2iS
MEMORANDUM
Agenda Item No, 9A
November 14, 2006
Page 10 of 12
DATE:
June 2, 2006
TO:
Margo Castorena, DAS Direct~r
.
Sue Filson, Executive Manager
Board of County Commissioner '
FROM:
RE:
Animal Services Advisory Board
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Marcia Breithaupt
7508 Firenze Lane
Naples, FL 34114
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
-
-
-
filson_s
Page 1 of2
Agenda Item No. 9A
November 14, 2006
Page 11 of 12
From: advisoryboards@coIHergov.net
Sent: Monday, May 15, 2006 11:05 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
t
f(~1
~. .
. ,. I .
........... I':';:
.. .'
'., ,. . .,
~" . A: "', ~ ....
Fax Number: 239-580-0301 Business Phone: 239-580-0300
Have you ever been convicted of any offense against the law? No
Board I Committee Applied for: Animal Services Advisory Board
No
"
May 15, 2006
Application for Advisory Committees I Boards
Name: Marcia Breithaupt Home Phone: 239-580-0300
Home Address: 7508 Firenze Lane
City: Naples Zip Code: 34114
Email Address:marcia@lhaps.com
Place of Employment: Liberty Home And Pet Services
How long have you lived in Collier County? 1-2 years
Are you a registered voter in Collier County? Yes
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a
Collier County board or committee?
5/16/2006
-
Please list your community activities:
Pet Therapist Volunteer Humane Society of Collier County
Registered Pet Therapist Disaster Animal Relief Team,
Collier County National Association of Professional Pet
Sitters, Hurricane Preparedness Committee Pet Sitters
International Pet Industry Joint Advisory Counsel with
Canine and Feline Certifications
Page 2 of2
Agenda Item No. 9A
November 14, 2006
Page 12 of 12
Education:
Ball State University Administrative Degree
Experience I Background:
Since retiring from a 30 year career from General Motors
Corporation, I have relocated to the Naples area in 2004.
The move has turned into a second career with my
establishment of my home and pet services business.
Taking my organizational skills and business experience, I
have elevated a simple business concept into a top level
business structure appealing to professional people
requiring strong organizational skills (www.LHAPS.com).
This experience has been exceptional in honing consumer
interface skills in a premium regional area with high client
expectations.
tt
J
5/16/2006
EXECUTIVE SUMMARY
Agenda Itel11 No, 9B
November 14, 2006
Page 1 of 13
APPOINTMENT OF MEMBER(S) TO THE LEL Y GOLF ESTATES BEAUTIFICATION
ADVISORY COMMITTEE
OBJECTIVE: To appoint 1 member to a 4-year term, expiring on October 1, 2010, to the Lely
Golf Estates Beautification Advisory Committee.
CONSIDERATIONS: The Lely Golf Estates Beautification Advisory Committee had 2
terms expire on October 1,2006. This 5 member committee assists and advises the Board of
County Commissioners in handling matters pertaining to the beautification taxing district. The
district was created by referendum vote on November 4, 1986, for the purpose of beautifying and
maintaining the median strips of the streets and other public area within Le1y Golf Estates.
Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4
years. A list of the current membership is included in the backup.
The terms for Ron Thorp and Robert M. Slebodnik expired on October I, 2006. A press release
was issued and resumes were received from the following 3 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR AnV. COMM.
Robert M. Slebodnik- Resides within the MSTU 1 Yes Lely Beautification Adv Comm
reappointment
Kathleen K. Dammert Resides within the MSTU 1 Yes None
Shari Curet DOES NOT RESIDE WITHIN 1 Yes None
THE MSTU
COMMITTEE RECOMMENDATION:
. Reappoint Robert M. Slebodnik - term expiring on October 1,2010
. Requested time to interview Kathleen 1(, Dammert at their November 16, 2006 meeting
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: NOVEMBER 14, 2006
,-
Agenda Item No. 98
November 14.2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
98
Appointment of member to the Lely Golf Estates Beautification AdvIsory Committee
11/14/2006 900:00 AM
Prepared By
Sue Filson
Executive Manager to the Bce
Date
Board of County
Commissioners
BCC Office
10/26/20061:10:04 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/31120061 :57 PM
Agenda Item No. 9B
November 14, 2006
Page 3 of 13
TO: Sue Filson, Executive Manager
Board of County Commissioners
FROM: Tessie Sillery, Operations Coordinator
DATE: October 25, 2006
SUBJECT: Lely Beautification MSTIJ
Recommendation to the Board for filling one of two vacant positions.
The Lely Estates Beautification MSTU has received and reviewed three applications by the prescribed
deadline for its two vacancies. One applicant was evaluated based on the potential contributions to the
Committee, meets the criteria required to be eligible for the committee and resides within the MSTU's
District Boundary. Mr. Robert Slebodnik has served in this committee for the past 5 years and has only
had 2 excused absences.
The Committee recommends the following applicant for re-appointment to the vacant term as indicated
below:
NAME
Bob Slebodnik
TYPE OF
APPOINTMENT
Re-Appointment
TERM
EXPIRES
10-01-2010
FIELD OF EXPERTISElCA TEGORY
Resident in Naples 16+ years and a retired High
School Principal.
Baclcground: . B.S. University of Michigan, MS
Eastern Michigan University. Post MA Michigan
State University. 9 years Administrative
Experience in Horticulture IlIld Landscaping in
Collier County.
Community Activities: Chainnan for the Lely
Estates Beautification MSTU, East Naples Civic
Association.
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No, 98
November 14, 2006
Page 4 of 13
Memo- Sue Filson
October 24, 2006
Subject: Lely Estates Beautification MSTU
Recommendation memo for one of two vacancies
Page 2
The Lely Estates Beautification MSTU did not recommend the applicant below and requested to interview her for
their next meeting in November. The applicant meets the criteria as established per the Lely Estates Beautification
MSTU Ordinance. The third applicant, Shari Curet does not live within the Lely Estates Beautification MSTU
Boundary, therefore does not meet the criteria.
TYPE OF TERM
NAME APPOINTMENT EXPIRES
Kathleen K. Dammert New Appointment 10 -01 -2010
FIELD OF EXPERTlSElCATEGORY
Resident in Naples 10 + years. Employed by
Bcrtshin: Lakes Master Association, Inc.
Background - Attended Purdue University-
Business Administration and Accounting -
Licensed Community Association Manager. 20 +
years in Business Administration. Office
Management S+ years in Community
Association Management
Community Activities - Lely Civic Association
Member.
Please let me know you need any other infonnation
Transportation Services Division
Alt. Transportation Modes Department
Agenda Item No, 98
November 14, 2006
Page 5 of 13
(--
Lely Golf Estates Beautification Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. David Larson 269-4015 04/12/05
163 Doral Circle 793-8618
Naples, FL 34113
E-Mail: none
District: 1
Category: Resides within MSTU District
1 % 1/09
4 Years
Mr. Robert C. Cole 12/17/91 1 % 1/93 2 Years
301 Forest Hills Boulevard 10/13/05 1 % 1/09 4 Years
Naples, FL 34113
E-Mail:
District: 1
Category: Resides within MSTU District
Mr. Ron Torp 774-9311 10/08/02 10/1/06 4 Years /
C 349 Pinehurst Circle 774-3174
Naples, FL 34113
E-Mail:
District: 1
Category: Resides within MSTU District
Mr. Tony Branco 514-5292 01/28/03 10/01/05 2.9 Years
147 Pebble Beach Circle 793-4364 09/13/05 10/0 1/09 4 Years
Naples, FL 34113
E-Mail: tjbvista@earthlink.net
District: 1
Category: Resides within MSTU District
Mr. Robert M. Slebodnik 02/27/01 to/O 1/02 1.5 Years /
32 Pebble Beach Boulevard 775-3491 10/08/02 10/01/06 4 Years
Naples, FL 34113
E-Mail:
District: 1
Category: Resides within MSTU District
(
'--
~"""--'-'-'-- ... ~~~.-...-~_._.... .-_"--"~::=~~~"'-_.'~'~~~~~"";7.l;~.~
Wednesday, September 14, 2005 Page 1 of 2
Agenda Item No. 98
November 14, 2006
Page 6 of 13
Lely Golf Estates Beautification Advisory Committee
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 5 member committee was created by Ord. No. 87-69 to prepare and recommend an
itemized budget for the Lely Golf Estates Beautification Municipal Service Taxing Unit and aids
and assists the Board of County Commissioners in carrying out the services of the taxing unit.
Members must reside within the boundaries of the municipal service taxing unit. Terms are 4
years.
FL STAT 125.01
Staff: Tessie Sillery, Transportation Operations Coordinator: 213-5840
~_~. ..'~ilIAoJo,'~--:::.."",.._...:..-::r'=.~~"";:;!~~"=f":'.:1
Pagelof2
L
~'~~'-.....~._.:..............__... .>=.'\iIiiOo....!..........~--......~-_""""'.-'.:.~.::r
Wednesday. September 14,2005
Agenda Item I'Jo. 98
November 14, 2006
Page 7 of 13
MEMORANDUM
DATE:
August 28, 2006
Elections Office J
Sue Filson, Executive Manager I
Board of County Commission
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
LEL Y GOLF ESTATES BEAUT ADV COMM
COMMISSION DISTRICT
Robert Slebodnik
32 Pebble Beach Boulevard
Naples, FL 34113
!
~ Shari Curet
152 Palmetto Dunes Circle
Naples, FL 34113
/
Kathleen K. Dammert
333 Pinehurst Circle
Naples, FL 34113
I
Thank you for your help.
MEMORANDUM
Agenda Item No. 98
November 14, 2006
Page 8 of 13
DATE:
August 28, 2006
FROM:
Tessie Sillery, Transportation ~~o s
Sue Filson, Executive Manager
)
Board of County Commission
TO:
RE:
Lely Golf Estates Beautification Advisory Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for YOW' review as follows:
Robert Slebodnik
32 Pebble Beach Boulevard
Naples, FL 34113
Shari Curet
152 Palmetto Dunes Circle
Naples, FL 34113
Kathleen K. Dammert
333 Pinehurst Circle
Naples, FL 34113
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration.
Please 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
.
-
.
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112 RECEIVE
(239) 774-8097
Fax: (239) 774-3602 AUG 1 5 20 "
Agenda Item N!f1O!b .
November 14, 6
Page 9 of 1
Application for Advisory Committees/Boards
~15E..e-r ~~~gOl>N1JC
Home Address: 3 Z 'I1:r? !!..z,li: g 7Z AeJl 3.z. if J>. Zip Code:
Name:
Home Phone: 7'7S-3~fl
37"//3
e-mail address:t-oSle.boJ~i.1<-t2.(ot..to~
Fax No.
Business Phone:
Place of Employment: ~'7/ ~-7:>
Board or Committee Applied for: ~Ej.Y 40L.F L.:s."'Ai~S. 1?eA{j'-,Fle~7/o4 NSrlI
Category (if applicable):
Example: Commission District, Developer, environmentalist, lay person, eteo
How long have you lived in Collier County: Years I b ~.s. Months g 11 (J .
Are you a registered voter in Collier County: Yes V ~o
Do you currently hold public office? Yes
If so, wbat is that office?
v
No
Have you ever been convicted of any offense against the Law?
If yes, explain:
Do you now serve, or have you ever served, on a Collier County board or committee? Yes /'
If yes, ease list the co mmitteeslboards:
~ I..... GOI-F
v
Yes
No
No
/2.S.. -
Please list your community activities (civic clubs, neighborhood associations, etc. and positions
held: E:A<".:r !'YA;P.,Lz.~ err/I(:: .t1&~DGIAY;O";
LK~y /V7~n/ ~HAII2-,?~^O?J
Experience: e.~~~ ~1:/ ~~~~~ov ~. -~~ ~;:-c)
~- t-i -~-- J~:~ _'E~_'C-._~ IIp,ncvL7vTlE
.J1~ .LF ~~A Af. _ _ _ _ ot..!
Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to
the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 341/2. lfyou wish, please fax your application to
(239) 774-3602 or e-mail tosuefilson(ii;colliergov.net. Thank you for volunteering to serve the citizens of Collier County.
filson_s
Page 1 of2
Agenda Item No. 98
November 14, 2006
Page 1 0 of 13
From: advisoryboards@colliergov.net
Sent: Saturday, August 26,20068:22 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~!.5:~~CM~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
~~t~l_'~.l.
/....... ~. ~
~ ,
. . . .,.
.~ '. . :'f ~.. ~ ./
August26,2006
Application for Advisory Committees I Boards
Name: Dr. Shari Curet Home Phone: 239-775-1212
Home Address: 152 Palmetto Dunes Circle
City: Naples, FL Zip Code: 34113
Fax Number: 239-775-1212 Business Phone: 920-426-2170
Email Address:sharistu@yahoo.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: Lely Beautification
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a No
Collier County board or committee?
8/28/2006
Please list your community activities:
No information provided.
Page 2 of2
Agenda Item No. 98
November 14, 2006
Page 11 of 13
Education:
Dr. of Education
Experience' Background:
Teacher and Administrator for 25 years
8/28/2006
filson_s
Page 1 of2
Agenda Item No, 98
November 14, 2006
Page 12 of 13
From: advisoryboards@colliergov.net
Sent: Wednesday, September 06,2006 3:16 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~~nt~
Board of County Commissioners
3301 East Tamlami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax:(239)77~602
.LtIl~'~
c," r.~,~.
. . ~ ,
. '. 7..:~i
. .~
.~ '. - ~f 4.. ~ ,/
September 06, 2006
Application for Advisory Committees I Boards
Name: Kathleen K. Dammert Home Phone: 239-774-1544
Home Address: 333 Pinehurst Circle
City: Naples Zip Code: 34113
Fax Number: 239-353-3770 Business Phone: 239-353-7633
Email Address:KatDammert@aol.com
Place of Employment: Berkshire Lakes Master Association, Inc.
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: Lely Golf Estates Beautification
Advisory Committee
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a No
Collier County board or committee?
9/6/2006
9/6/2006
Please list your community activities:
Member Lely CIvic Association (HOA)
Education:
High School graduate. Attended Purdue University
(extension campus) studying Business Administration and
Accounting. Licensed Community Association Manager.
Experience I Background:
20+ years in Business Administration, Office
Management. 5+ years in Community Association
Management.
Page 2 of2
Agenda Item No. 98
November 14, 2006
Page 13 of 13
Agenda Item No, 9C
November 14, 2006
Page 1 of 6
EXECUTIVE SUMMARY
.....-....."
RECOMMENDATION TO DECLARE A VACANCY ON THE HISPANIC AFFAIRS
ADVISORY BOARD
OBJECTIVE: To declare a vacancy on the Hispanic Affairs Advisory Board and to direct staff to
issue a press release soliciting resumes in an effort to fill the vacant position.
....-
CONSIDERATIONS: Ordinance No. 2001-55, Section 8, reads as follows: "It is the intent and
strong desire of the Commission that there be full attendance of advisory Board members at all
meetings of the Boards, recognizing, however, that it may be necessary for Board members to be
absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at
Board meetings is encouraged and necessary for the proper operation of the Boards and in
furtherance thereof the following requirements are established: A. Any Board member who is absent
for more than one-half of the Board's meetings in a given fiscal year shall be deemed to have
tendered his or her resignation for such Board. The Commission shall, as soon as practicable after
such resignation, declare the position to be vacant and shall promptly fill same pursuant to the
provisions of Section Six herein. The Board member shall not serve at any meetings after his or her
position is declared vacant by the Commission. B. In the event that any Board member is absent
from two consecutive Board meetings without a satisfactory excuse acceptable to the Board
chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and
shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board
member's failure to attend without satisfactory excuse. The Commission shall review the Board
Chairman's notification at a Commission meeting and shall declare the Board member's position to be
vacant if the Commission concurs that the Board member was absent from two consecutive Board
meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of
Section Six herein. The Board member shall not serve at any meetings after his or her position is
declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is
not present during at least 75% of the meetings.
Attached is a memorandum from Colleen M. Greene, Assistant County Attorney advising that the
Hispanic Affairs Advisory Board is requesting that the Board of County Commissioners declare a
vacancy on the committee and direct staff to advertise to fill the vacancy.
. Gary Holloway - appointed on May 9, 2006 - has missed 4 meetings; 2 unexcused.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the recommendation to
declare a vacancy on the Hispanic Affairs Advisory Board and direct staff to issue a press release
soliciting new members. It is also recommended that the Board of County Commissioners direct the
County Attorney to prepare a resolution declaring the position vacant.
- Prepared By:
Sue Filson, Executive Manager
Board of County Commissioners
Date:
NOVEMBER 14, 2006
Agenda I'em No. 9C
November 14, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Dale:
9C
Recommendation to declare a vacancy on the Hispanic Affairs AdvIsory Board.
111141200690000 AM
Prep. red By
Sue Filson
Executive Manager to the BCe
Date
Board of County
Commissioners
Bce Office
10126/20061:10:04 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10/31120062:14 PM
Agenda Item No, 9C
November 14, 2006
Page 3 of 6
OFFICE OF THE COUNTY A TIORNEY
MEMORANDUM
DATE:
October 30, 2006
TO:
Sue Filson, Executive Manager
F:'"".
" ""-..... ,'~, .'...,....., ""'",
'.~ 1
CC:
HAAB Advisory Board Members
Colleen M. Greene, Assistant County Attorney CJf\ ()
. "
I"-,'_._<\-
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;-:'f';'-::I-~'. '~'.
. ,. ,'i;.. '. :-:1 i ~-:"_~
FROM:
SUBJECT: Recommended Member Removal from HAAB
The HAAB recommends Mr. Gary Holloway's removal from the HAAB.
The HAAB Ordinance 91-37, ~4, provides "If any member of the board fails to attend two
consecutive board meetings without a satisfactory excuse or if a member is absent from more
than one-half of the board's meetings in a given fiscal year, the board shall declare the member's
seat to be vacant and the vacancy shall be filled by the board of county commissioners."
Gary Holloway was appointed to the HAAB in May 2006, and he has missed four meetings since
May. Mr. Holloway has two excused absences on 6/22/06 and 8/24/06, and Mr. Holloway has
two unexcused absences on 9/28/06 and 10/26/06. At the regularly scheduled HAAB meeting in
October, the HAAB voted unanimously to recommend that Mr. Holloway be removed from the
HAAB.
Please provide this information to the BCC and place on the BCC agenda for November 14,
2006, if possible. Please let me know whether further action by the HAAB is necessary
regarding this removal.
Thank you for your kind attention to this matter.
cc: Michael W. Pettit, Chief Assistant County Attorney
04-COA-OII36130
Agenda Item No. 9C
November 14, 2006
Page 4 of 6
c.~ Hispanic Affairs Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
..
Dr. Lily DeBliex ~e6)~0<'&'e 254-4444 05/09/06 06/25/09 3 Years
1115 Augusta FaIls Way 1'r~;1} 354-2682
Naples, FL 34119
E-Mail: lily@colorisgreat.com
District: 3
Category:
Dr. James Alward Van Fleet 348-8162 11/30/04 06/25/06 2 Years
184 Spring Lake Circle 348-8162 05/09/06 06/25/10 4 Years
Naples, FL 3411 9
E-Mail: javanfleet@msn.com
District: 3
Category:
. ,J. \P
'0'(' ..{.. {)
Mr. Ernest A Labrador ,eSt '6J: 353-7220 09/1 0/03 06/25/07 4 Years
14960 Collier Boulevard #2112 353-7220
L' Naples, FL 34119
E-Mail:
District: 5
Category:
Mr. David Correa 06/06/95 06/25/98 3 Years
275 Napa Ridge Road 213--0064 05/09/06 06/25/10 4 Years
Naples, FL 34119
E-Mail:
District: 3
Category:
Mr. Manual Gonzalez 850-7097 11/30/04 06/25/07 3 Years
1622 Tarpon Bay Drive, South #202 591-3934
Naples, FL 34119
E-Mail:
District: 3
Category:
-
, .
.?~,_.......
Wedn~day, May 10, 2006
Page 1 of3
Agenda Item No. 9C
November 14, 2006
Page 5 of 6
(--. Hispanic Affairs Advisory Board
"\ '-..'
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Raymond Cabral 643-9482 11/30/04 06/25/05 7 Months
14767 Indigo Lakes Circle 348- 7759 07/26/05 06/25/09 4 Years
Naples, FL 34119
E-Mail: wynns827@msn.com
District: 3
Category:
Mr. Renato F. Fernandez 353-6719 07/26/05 06/25/07 2 Years
7901 Liecester Court 353-6719
Naples, FL 34104
E-Mail: FaustoRe@ao1.com
District: 3
Category:
Mr. Cosme E. Perez 354-2700 11/30/04 06/25/05 7 months
160 12th Avenue, N.E. 455-7100 07/26/05 06/25/09 4Yea.rs
C_J Naples, FL 34120
E-Mail: cosmeperez45@hotmail.com
District: 5
Category:
Mr. GaryD. Holloway 334-1000 05/09/06 06/25/09 3 Years
P.O. Box 2162 633-4069
Immokalee, FL 34142
E-Mail: gary44mcanes@yahoo.com
District: 3
Category:
c.
Wednefday, May 10,2006
- , . ~
Page 2 of3
. ..,-.. ... .="..
Agenda Item No, 9C
November 14, 2006
Page 6 of 6
Hispanic Affairs Advisory Board
~.
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to
identify and evaluate problems unique to the Hispanic community, review and recommend
ways to enSure open communication between minorities and Collier County government and
provide periodic reports to the Board of County Commissioners. Tenns are 4 years.
....
,
\_-
FL STAT
Staff: Liman Amador, H.R. Tech for Road and Bridge: 774-8924
Wednestky, May 10: 2006
'A
p;,ge 3 oj; ,-
..,.,.,....
......~,..~
EXECUTIVE SUMMARY
Agenda Item No. 9D
November 14, 2006
Page 1 of 20
APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD
OBJECTIVE: To appoint 1 person to fulfill a vacancy, with the term expiring on June 25,
2009, to the Hispanic Affairs Advisory Board.
CONSIDERATIONS: The Hispanic Affairs Advisory Committee has 2 vacancies due to
resignations with the terms expiring on June 25, 2007 and 2009. This 9 member board identifies
and evaluates problems unique to the Hispanic Community, reviews and recommends ways to
ensure open communication between the minorities and Collier County Government and
provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of
the current membership is included in the backup.
Dr. Lily DeBliex and Mr. Ernest A. Labrador both resigned on August 24, 2006. A press release
was issued and 1 resume was received from the following interested citizen:
APPLICANT
CATEGORY
.!ll.[[ ELECTOR ADV. COMM.
I Emesto E. Velasquez
In/a
~I None
COMMITTEE RECOMMENDATION:
Ernesto E. Ve1asquez, term expiring 6/25/09
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: NOVEMBER 14, 2006
-
Item Number:
Item Summary:
Meellng Date:
Agenda Ilem No. 9D
November 14, 2006
Page 2 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9D
Appointment of member to the Hispanic Affairs Advisory Board
11114/20069:0000 AM
Sue Filson
Date
Prepared By
Board of County
Commissioners
Executive Manager to the Bee
Bce Office
10/26/20061 :10:04 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/31/20062:21 PM
Agenda Item No, 90
November 14, 2006
Page 3 of 20
OFFICE OF THE COUNTY AITORNEY
MEMORANDUM
DATE:
October 30,2006
,..
>;...,~J
'jl_'~::C, .'.;~'_;C1L_', .. ~ -; . ., I",",
.:. ;l~:" ;;
TO:
Sue Filson, Executive Manager
CC:
HAAB Advisory Board Members
Colleen M. Greene, Assistant County Attorney ~
FROM:
SUBJECT:
Recommended Appointment for the HAAB
There are currently two vacancies on the Hispanic Affairs Advisory Board ("HAAB"). At the
regularly scheduled monthly meeting, the Board had only one application to review and voted
unanimously to recommend appointment for the following applicant:
Emesto E. Velasquez
8524 Laurel Lakes Blvd.
Naples, FL 34119
There is one remaining vacancy on the HAAB. At the next meeting, the HAAB will review the
applications that you forwarded on October 27, 2006.
If possible, please submit this recommendation for the November 14, 2006, BCC meeting.
Thank you for your kind attention to this matter. Please contact me directly if you have any
questions or concerns.
cc: Michael W. Pettit. Chief Assistant County Attorney
04-COA-Ol136130
Agenda Item No, 90
November 14, 2006
Page 4 of 20
Hispanic Affairs Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Dr. Lily DeBliex ~e6'C5(\(.& Ie 254-4444 05/09/06 06/25/09 3 Years
1115 Augusta Falls Way , I/W'O 354-2682
Naples, FL 34119
E-Mail: liIy@colorisgreat.com
District: 3
Category:
Dr. James Alward Van Fleet 348-8162 11/30104 06/25106 2 Years
184 Spring Lake Circle 348-8162 05/09/06 06/25/10 4 Years
Naples, FL 34119
E-Mail: javanfleet@msn.com
District: 3
Category:
',J. VJ
e(" 4.0
Mr. Ernest A Labrador ceS\ fJ:J. 353-7220 09/10/03 06/25/07 4 Years
14960 Collier Boulevard #2112 353-7220
\ Naples, FL 34119
~ E-Mail:
District: 5
Category:
Mr. David Correa 06/06/95 06/25/98 3 Years
275 Napa Ridge Road 213-0064 05/09/06 06/25/10 4 Years
Naples, FL 34119
E-Mail:
District: 3
Category:
Mr. Manual Gonzalez 850-7097 I 1/30/04 06/25/07 3 Years
1622 Tarpon Bay Drive, South #202 591-3934
Naples, FL 34119
E-Mail:
District: 3
Category:
.~
....~. .~_ .._r.,
Wetlnestlay, May 10, 2006
~1I_1i.-.
-,;.;!";:;mzr'- -~__~~~~
Page 1 013
---~-~------_.._..-
Agenda Item No, 90
Novel11ber 14, 2006
Page 5 of 20
(n Hispanic Affairs Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Raymond Cabral 643-9482 11/30/04 06/25/05 7 Months
14767 Indigo Lakes Circle 348-7759 07/26/05 06/25/09 4 Years
Naples, FL 34119
E-Mail: wynns827@msn.com
Distrid: 3
Category:
Mr. Renato F. Fernandez 353-6719 07/26/05 06/25/07 2 Years
790 1 Liecester Court 353-6719
Naples, FL 34104
E-Mail: FaustoRe@ao1.com
Distrid: 3
Category:
Mr. Cosme E. Perez 354-2700 11/30/04 06/25/05 7 months
160 12th Avenue, N.E. 455-7100 07/26/05 06/25/09 4 Years
( Naples, FL 34120
E-Mail: cosmeperez45@hotmail.com
District: 5
Category:
Mr. Gary D. Holloway 334-1000 05/09/06 06/25/09 3 Years
P.O. Box 2162 633-4069
Immokalee, FL 34142
E-Mail: gary44mcanes@yahoo.com
Distrid: 3
Category:
(
"-~ .
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Page20fJ
---:"..:'1
Wednesday, May 10, 2006
Agenda Item No, 9D
November 14, 2006
Page 6 of 20
Hispanic Affairs Advisory Board
(
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 9 member committee was created by Ord. No. 91-37, amended by Ord. No. 91-78) to
identify and evaluate problems unique to the Hispanic community, review and recommend
ways to ensure open communication between minorities and Collier County govemment and
provide periodic reports to the Board of County Commissioners. Tenns are 4 years.
\-
FL STAT
Staff: Lillian Amador, H.R. Tech for Road and Bridge: 774-8924
"'-_'_.~ ::~~~~-...:..IZ;\S~,_=~_~-:;;::::';:l~~~"":':;'~':':::'::~l~~.,--::::'~~~~.:::;s
Wednesday, May 10, 2006 Page 3 of 3
Aaenda Itel11 No, 90
November 14, 2006
Page 7 of 20
MEMORANDUM
DATE:
October 6, 2006
TO:
Elections Office ~
Sue Filson, Executive Manager .
Board of County Commissione
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.
liSP ANIC AFFAIRS ADVISORY BOARD h. UP}.;/' COMMISSION DISTRICT
Ernesto E. Velasquez
8524 Laurel Lakes Boulevard
Naples, FL 34119
rr
3
Thank you for your help.
OCT 9 2006 PM12: 15
MEMORANDUM
Aoenda Item No. 90
November 14, 2006
Page 8 of 20
DATE:
October 6, 2006
TO:
Colleen Greene, Assistant CO;Jty A orney
Sue Filson, Executive Manag .
Board of County Commissione J
FROM:
RE:
Hispanic Affairs Advisory Board
As you know, we currently have a vacancy on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an
application for consideration. I have attached the applications received for your review as follows:
Ernesto E. Velasquez
8524 Laurel Lakes Boulevard
Naples, FL 34119
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Boardts
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
.
--
-
filson_s
Pa2e 1 of2
A08nda Ite"fn No. 90
November 14, 2006
Page 9 of 20
From: advisoryboards@colliergov.net
Sent: Monday, September 18, 2006 4:13 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted,
~
Board of County Commissioners
3301 East Tamlami Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239) n4-3602
\
.<<~ ...t~,~t.~.,
. -.. .,":7
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Name: Emesto E. Velasquez Home Phone: 239-354-0230
Fax Number: 866-427-1640 Business Phone: 239-455-6200
Have you ever been convicted of any offense against the law? No
No
September 18, 2006
Application for Advisory Committees I Boards
Home Address: 8524 Laurel Lakes Blvd
City: Naples Zip Code: 34119
Email Address:evelasqueznaples@aol.com
Place of Employment: Velasquez Homes Group
How long have you lived in Collier County? 1-2 years
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: HAAB
Category: (if applicable) No information provided.
Do you currently hold public office? No
Do you now serve, or have you served on a
Collier County board or committee?
9/18/2006
.J
Please list your community activities:
Memberships and Organizations 1.Member of Rotary Club
of East Boston 2.President of Latin American Planning &
Development of East Boston 2002 3.Vicepresident of the
East Boston Chamber of Commerce 2000-2003 4.Member
of the Greater Boston Real Estate Board 5.Member of the
Massachusetts Association of Realtors 6.Board Member
of The East Boston Main Street Business Support Board
7.Member of the Hispanic Chamber of Commerce of New
England a.Member of the Revere Youth Soccer League
9.Founder and board member of the Association of latino
Residents of East Boston 1 O.Member of the
BRA/Residents Water Front Development of East Boston
Group 11.Realtor 12. licensed Real Estate Broker
13. Neighborhood of Affordable Housing of East Boston
Education:
Currently Seeking a bachelor's degree in Business
Administration at International College
Experience I Background:
Business Owner since 1997 Bilingual (English Spanish)
-)
At
9/18/2006
Page 2 of2
Agenda Ite1Tl No. 90
November 14, 2006
Page 10 of 20
8524 Laurel Lakes Blvd
Naples, FL 34119
Ag8nda Item No, 90
November 14, 2006
Phone 239-354-0230 Page 11 of 20
Fax 866-427-1640
E-mail evelasqueznaplesl@aol.com
Ernesto E. Velasquez
Education
2005-2006 International College
Business AdmInisb.6tion
Naples, FL
Professional
experience
1997-2004 Real Estate Business Owner
Real Estate BtokerJOwner
2004-2006 Velasquez Homes Group
R_I Estate Broker
East Boston, MA
Naples, FL
Professional
memberships
See attached list of: .Previous and current membership and
organizations"
Languages
English, Spanish, Portuguese, Italian
Community
activities
Hispanic Chamber of Commerce, Naples Latin Association
References
See letters of recommendation
Objective
To be active participant augmenting our community
Awards received
Senate and House of Representatives of Commonwealth of
Massachusetts, Boston City Mayor and City Council, Boston Chamber of
Commerce, Boston Police Department. (See attached copies)
A08nda Item No. 90
November 14, 2006
Page 12 of 20
Emesto E. Velasquez
239-253-2981
Previous and Current M embershios and Orllanizations
Naples
1. Naples Area Board of Realtors
2. NABOR'S Leadership Development Program
3. Real Estate Broker
4. Mortgage Broker
5. Florida's Notary
6. NABOR's RP AC (Realtors Political Action Committee)
7. Naples Latin Association
8. Knights of Columbus
East Boston, Massachusetts
9. Member of East Boston Rotary Club
10. President of Latin American Planning & Development
11. Vice-president of the East Boston Chamber of Commerce
12. Greater Boston Real Estate Board
13. Massachusetts Association of Realtors
14. The East Boston Main Street Business Support Board
15. New England Hispanic Chamber of Commerce
16. Revere Youth Soccer League
17. Founder and board member of the Latino Residents of East Boston Association
18. Boston Redevelopment Authority/Residents Water Front Development of East Boston Group
19. Licensed Real Estate Broker
20. Neighborhood of Affordable Housing
To: Whom It May Concern
Agenda Item hlo. 90
November 14, 2006
Page 13 of 20
This letter is to certify that I have known Mr. Ernesto Velasquez for at least
the last five years, and I have had the privilege of knowing him professionally as a
real estate agent in Massachusetts and here in Florida, and in the personal way as
well.
Mr. Velasquez is a family oriented person and currently is residing in the
north Naples area at 8524 Laurel Lakes Blvd, where he lives with his wife and is
known as a very good neighbor.
During the time that I have known Mr. Velasquez I can attest that he is a
worth trusted, honest, hardworking and easy going, professionally and personally,
he is a career builder in any job he starts and most of all a very good person and
very good friend.
I also know that Mr. Velasquez has served as a board member in various
organizations such East Boston Chamber of Commerce, East Boston Crime
Watch, Neighborhood of affordable housing, Latin American Planning and
Development, etc.
Finally, I want to assure that any company or organization that will acquire
the services of Mr. Velasquez would be lucky to have him; I only wish him the
best of the best in any way this letter is intended for.
Please, if you have any questions, do not hesitate to call me at any time
during the day at (239) 200-3511, or at nighttime (239) 348-7698
Sincerely,
Lui A. Velez
83 7 Laurel Lakes Blvd
Na les, Fl34119
Agenda Itel11 No, 9D
November 14, 2006
Page 14 of 20
CINDY VOLK
8493 LAUREL LAKES BLVD
NAPLES, FL 34119
239-293-4407
TO WHOM THIS MAY CONCERN:
I AM PLEASED TO KNOW ERNESTO VELASQUEZ ON A PROFESSIONAL
LEVEL. I AM A LICENSED REALTOR IN NAPLES FLORIDA FOR THE PAST 20
YEARS AND HAVE BEEN ON SEVERAL COMMITEES FOR NABOR IN THE
PAST. I HAVE HAD SEVERAL REAL ESTATE TRANSACTIONS WITH ERNESTO
AND I HOLD HIM AT THE HIGHEST WITH HIS PROFESSIONALISM AND
DEALINGS WITH HIS CUSTOMERS AND THE LOCAL BUILDERS. MR.
VELASQUEZ AND HIS LOVELY F AMYL Y ALSO LIVE IN MY NEIGHBORHOOD
AND IS AN ASSET TO OUR COMMUNITY.
THANK YOU
~/~ J/~.
CINDY VOLK
. ~~~cssr n 4'rikr .[lff 4lUfRr o.-..llSi!' Agenda Item No, 9D
~~~'tJYJ.~ ~~kJJ.$~ Nove,;:~~~ ';'0 ;;fg:
~
.
~t it JUOlWt that Iht JJla~~lmsdt~ ~e
1fiatb,g oden6$ ii~ <<onsraiulalionsl1l:
ERNESTO VELASQUEZ
In ~~iti~n "':
YOUR DEDICATED COMMITMENT AND SERVICE TO THE EAST BOSTON COMMUNITY
AND AS THE 2002-2004 3RD VICE PRESIDENT AND
2001-2003 DIRECTOR OF THE EAST BOSTON CHAMBER OF COMMERCE t anb
~til further lIuowlt lhallhe .as~aehus~11s
~t1lak txltn.)s at'sl wishes fOf ,000linut~ sue,ts'f
that this (ilaiiotl oe hul>> 5iFh . iht;
,~. ! ill the ~ak au6 aik$!eh lD ~ a ~op>>
f iranfmillt~ ~>>~ h tilht ~tnait.
~ e/.A'~d;.
'rt$iJeni of the ~e
~$h JI,1f~y-} # ~
(tlerh of lht~en ~(
QJffrn6 3~: ,/Ai / ~
~ait ~enat ROBERT E. TRAVAGLINI
~cale: JANUARY 20, 2005
.. I
~~
Agenda Item No, 90
tt~ of ~ November 14,2006
).'\W~Ctl .&-~ c:?-llllt Page 16 of 20
.J~: .s--SJ-a.
It... ~~., - q~J:..
~ mqe ~ nf ~.eserdaitfJ.eG Y..q~
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~
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~.e if 1rer~ knnftnt to all tqat:
<{ulre ~ssadtus.etts ~se .of ~presetthrlt&.es
offers as sinttr.est tntlWafulations to:
-. ----.---...---------ERNESTO.VELASQUEZ-
----- .._._,--_._---------~---
-
in r.e:cognitian of
Your support of the East Boston community by serving as 3ni Vice
President and Director of the
Q?r'h~ Eist Bostop. Ch~~_ber of Conpnelce 2QOl-2004, h
\U-4F .emtr.e ttttnt..tI.ers.qtp .ext.enns tis .b:.eru b.est futS4~es
cnW expresses tlt.e lynpe for futur.e grr~ fortune
anD .c:ontitntW sUttess in all.enh.emr.ors...
~iftttt tlyis _~~~____ b~ of -!-~~~~~~~~~-----------------
at tq.e ~hde ~5.e, tnlnshnt, ~a:S5a:dpxs.ett5
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Agenda Item No. 90
Novemb8r 14, 2006
Page 18 of 20
Resolution Recognizing Emesto Velasquez
By Boston City Councillor Paul Scapicchio
OFFICIAL RESOLUTION
Be it Resolved, that the Boston City Council extends its
Appreciation to:
Ernesto Velasquez
In recognition of
MI-. Velasquez's diligent service to the East Boston Community as the
~) Third Vice President for the East Boston Chamber of Commerce as well
as serving as a Director in previous years. Mr. Velasquez's dedication
to the East Boston business community serves as an example to others.
The Boston City Council, herein assembled, extends its appreciation to
Mr. Velasquez for his dedication and its best wishes to him and his
business for continued health, happiness, and prosperity. This
resolution shall be duly signed by the President of the City Council and
be made part of the Official City Record, attested to, and a copy,
thereof, transmitted by the Clerk of the City of Boston.
, . r OLttu at: IJpston
I /
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Agenda Item No, 90
November 14, 2006
Page 19 of 20
CERTIFICATE OF RECOGNITION
PRESENTED TO
ERNESTO VELASQUEZ
DIRECTOR
"2001-2003>>
3RD VICE PRESIDENT
"2003-2004"
FOR YOUR DEDICATED SERVICE TO
THE EAST BOSTON
CHAMBER OF COMMERCE
January 20. 2005
DATE
~C1.~
MAYOR OF BOSTON
Agenda Item No. 10A
November 14, 2006
Page 1 of 19
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution repealing all previous resolutions
establishing and amending parts of the Collier County Parks and Recreation
Department Facilities and Outdoor Areas License and Fee Policy and establishing
the policy effective November 14,2006 and superseding Resolution No. 2006-43 and
all other resolutions establishing License and Fee Policy.
Obiective: To generate revenue sufficient to partially offset program and facilities costs.
Considerations: The Board of County Commissioners has considered the Collier
County Parks and Recreation Department Facilities and Outdoor Areas License and Fee
Policy during the September 26, 2006; October lO, 2006; and October 24, 2006 regularly
scheduled meetings. The Board of County Commissioners has requested staff address a
number of items within the Fee Policy before passing the resolution to adopt new rates.
During the October 24, 2006 Board of County Commissioners meeting, staff was directed
to furtherrevise the License and Fee Policy as follows:
1.
,"-"'" 2.
3.
4.
Waive fees related to lighting.
Reduce fees associated with Athletics for Collier County Park and Recreation
Youth Leagues from $30.00 to $10.00.
Provide additional language describing the availability of a sliding fee scale for
low-income individuals.
Eliminate the "fund raising" fee for Category I and II Users.
Staff has adjusted the proposed Fee Policy to reflect these requests. Revenue from user
fees amounts to approximately 32% of the FY 07 operating budget. Reductions in the
areas noted above are estimated to reduce these user fee projections by $57,400.
Reductions in these areas are reflected in the following table:
",--
ITEM FY 07 BUDGETED LESS USER FEE FY 07 CHANGE IN
REVENUES BUDGETED
REVENUES
Waiving Lighting $12,400 $0 ($12,400)
Fees
Reducing Athletics $65,100 $20,100 ($45,000)
for Collier County
youth from $30 to
$10
Provide section in N/A N/A N/A
policy that
describes slidin2
Agenda Item No. 10A
November 14,2006
Page 2 of 19
fee scale
Eliminate Fund N/A N/A N/A
Raising Fee for
Cate20ry I users
Total ($57,400)
Fees associated with youth athletics are used to purchase a variety of items that are an
integral part of the program, such as T-shirts identifying the team members and trophies
for recognizing participation and achievement. A reduction in user fees associated with
youth athletics will directly result in either a reduction in the level of service provided to
participants or an increase in net cost to the general fund by offsetting revenue loss with
additional funding from the general fund reserves.
Fiscal Impact: All fees outlined in the October 24, 2006 proposed policy are included in
the appropriate budgets within the FY 07 Parks and Recreation appropriations and if
approved will become effective November 14, 2006. If the policy as proposed today,
which includes the above-outlined reductions in user fees from the direction provided at
the last Board of County Commissioners meeting, is adopted, staff will need to prepare
budget amendments to reflect the $57,400 reduction in revenue within the appropriate
cost centers in the Parks and Recreation budget and offset the revenue loss with funding
from general fund reserves.
Growth Mana2ement Impact: No Growth Management Impact is associated with this
action.
Recommendation: At its September 20, 2006 meeting, the Parks and Recreation
Advisory Board recommended adoption of the Fee Policy as it was presented to the BCC
at its September 24, 2006 meeting. Staff recommends adoption of the fee policy and
repealing all previous resolutions establishing and amending parts of the Collier County
Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy,
establishes the policy anew, authorizes the Chairman to sign, and authorizes any
necessary budget amendments.
Prepared by: Barry Williams, Director Parks and Recreation Department
.-'"....
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10A
November 14,2006
Page3of19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
This item was continued from the September 26th. October 10th, and October 24th, 2006
Bce meetings. Recommendation to adopt a Resolution repealing all previous resolutions
establishing and amending parts of the Collier County Parks and Recreation Department
Facilities and Outdoor Areas license and Fee Policy and establishing the policy effective
November 14.2006 and superseding Resolution No. 2006-43 and all other Resolutions
estabilshing license and tee poilcy (Marla Ramsey, Administrator, Public Services)
11/14/2006900:00,JIM
Assistant Director
Date
Prepared By
Mary Ellen Donner
Public Services
Parks and Recreation
911112006 B:04:25 AM
Senior Admin Assistant
Date
Approved By
Tona Nelson
Public Services
Parks and Recreation
10/30/200611:59AM
Executive Secretary
Date
App roved By
Kathy Carpenter
Public Services
Public Services Admin.
10/3012006 12:03 PM
Raymond Carter
Operations Manager
Date
Approved By
Public Services
Parks and Recreation
10/30/200612:25 PM
Director
Date
Appro\'ed By
Barry Williams
Public Services
Parks and Recreation
10/31/2006 11 :45 AM
Marla Ramsey
Public Services Administrator
Date
Approved By
Public SelVices
Public SelVices Admin.
10131/20003:13 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
1111120068:24 AM
Sherry Pryor
Management & Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/0/2006 11 :00 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1110/20002:57 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1116/20063:19 PM
Agenda Item NO.1 OA
November 14, 2006
Page 4 of 19
Parks and Recreation
Program Sliding Fee Scale
Annual Gross Income - Number of Persons in Family
Reduction in Fees 1 2 3 4 5 6 7 8
~ $9,800 $13,200 $16,600 $20,000 $23,400 $26,800 $30,200 $33,600
0
0
L.() $14,700 $19,800 $24,900 $30,000 $35,100 $40,200 $45,300 $50,400
,-," ,-.-..". ,..."....'_"',".. . f h:-,iF4X:::~",-,,-
$19,801 $24,901 $30,001 $35,101 $40,201 $45,301 $50,401
$19,600 $26,400 $33,200 $40,000 $46,800 $53,600 $60,400 $67,200
Agenda Item No. 10A
November 14, 2006
Page 5 of 19
RESOLUTION No. 2007_
A RESOLUTION OF COLLIER COUNTY,
FLORIDA, RE-EST ABLISHING THE COLLIER
COUNTY PARKS AND RECREATION
DEPARTMENT FACILITIES AND OUTDOOR
AREAS LICENSE AND FEE POLICY AND
SUPERSEDING RESOLUTION NO. 2006-43 AND
ALL OTHER RESOLUTIONS ESTABLISHING
LICENSE AND FEE POLICY.
WHEREAS, the Director of Parks and Recreation has recommended to the Board of
County Commissioners that the existing Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy be amended as follows;
WHEREAS, the Board of County Commissioners hereby accepts the recommendations
of the Director of Parks and Recreation;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY THAT:
The Collier County Parks and Recreation Department Facilities and Outdoor Areas
License and Fee Policy is hereby established as follows. This Policy supersedes the
Policy as established in Resolution No. 2006-43 and all previous resolutions establishing
license and fee policv.
I. PURPOSE
The purpose of this policy is to ensure maximum use of facilities, outdoor areas and
programs in Collier County and provide equitable fees and charges collected from
users of such facilities, outdoor areas or programs.
II. LIMITATIONS
The Parks and Recreation Director, or designee, may waive enforcement or
application of any of these regulations or restrictions with respect to any facility,
outdoor areas, or program provided such waiver does not interfere with public safety
or enjoyment. No fees may be waived. No non-government entity shall charge an
admission fee to any out of doors event, including aquatic facilities. The Board of
County Commissioners shall set fees and charges for all facilities and programs,
Consistent with Collier County's policy of ensuring all citizens equal oppOliunity to
participate in programs, any resident requesting special consideration must
substantiate to the Parks and Recreation Director proof of financial need. All
information provided is not confidential but will be used only for the purpose of
establishing reduced or waived program fees. Rates and charges can be modified on a
case-by-case basis if approved by the Director of Parks and Recreation for special
promotional sales and advertisements to stimulate increased utilization of programs.
III. CLASSIFICATIONS
A.
Facility License Definitions and Uses
1.
Outdoor Areas: Open space or land owned or leased by the Parks and
Recreation Department. Such outdoor areas shall include, but not limited to,
sports fields, playgrounds, swimming pools and/or other park and recreation
land areas, excluding Golden Gate Community Center. (As to Golden Gate
Community Center, refer to Section Q, herein). Outdoor areas shall be used
for those purposes designated or implicit in their character. Any deviation
from normal appropriate use shall require express prior permission from the
Parks and Recreation Director or designee.
B.
Agenda Item No. 10A
November 14, 2006
Page 6 of 19
2. Facilities: Buildings and dwellings owned or leased by the Parks and
Recreation Department. Such facilities include, but are not restricted to,
community center areas and rooms, gymnasiums, pavilions, shelters, and
other areas located in the Parks and Recreation structures, excluding the
Golden Gate Community Center. (As to Golden Gate Community Center,
refer to Section Q, herein). Facilities shall be used for those purposes
designated or implicit in their character. Any deviation from these intended
normal uses shall require express prior permission from the Parks and
Recreation Director, or designee.
3. Programs: Recreation activities conducted on land or in facilities owned or
leased by Collier County. Such activities include, but are not restricted to:
athletic, clinic, instructional and interpretative seminars for preschool, youth,
adult, senior and special populations. Any deviation from these intended
normal uses shall require express permission from the Parks and Recreation
Director, or designee.
4. Vehicle Parking Fees: Parking lots at Collier County beach parks and
accesses, to include, but not limited to, the following: Tigertail Beach,
Barefoot Beach Access, Barefoot Beach Preserve, Clam Pass Park, Vanderbilt
Beach, North Gulf Shore Access, and South Marco Beach Access.
5. Boat Launch Fees: Ramp use at Collier County owned and operated boat
launch facilities to include, but not limited to, Bayview Park, Cocohatchee
River Park, Caxambas Park, and Collier Boulevard Boating Park.
User Categories - Applicable to all indoor and outdoor areas
Governmental entities are not subject to fees. All other facility users shall
have their fees determined by the category of the entity. Note: All parks shall
remain open to the public. The two categories are:
1. Category I - Federal Income Tax Exempt Entities, Registered Charities, Not-
for-Profit Groups.
a, Federal Income Tax Exempt Entities
Groups that are exempt from taxation under any subsection of Section SOI(c)
of the Internal Revenue Code. The following civic associations will not be
subject to fees for their one general membership meeting per month: East
Naples Civic Association, Golden Gate Estates Civic Association, Golden
Gate Civic Association, Immokalee Civic Association, and Second District
Association,
b. Specified Sales Tax Exempt Entities
Those entities that are exempt from Florida sales taxes pursuant to Subsection
212,08 (7), Florida Statutes such as a home for the aged, nursing home,
hospice, or an organization whose primary purpose is to provide special
educational, cultural, recreational, or social benefits to minors, or is a
religious, charitable, scientific, educational, or veterans' organization.
c. Local Not-for-Profit Groups or Non-Profit Groups
Entities, iITespective of tax exempt status, which are not-for-profit
corporations, organizations or other not-for-profit entities that are of Collier
County origin, have their principal location in Collier County, and of which
fifty per cent (50%) of the group's membership are residents of Collier
County, with a primary purpose to provide social services to others or to
protect interests outside of the group, such as the environment, endangered
animals, disadvantaged persons, or some other similar external interest. The
2
Agenda Item No. 10A
November 14,2006
Page 7 of 19
primary focus of these groups is outward looking and away from the personal
interests of the group's members.
d. Other Local Not-for-Profit Groups
Those entities, irrespective of tax exempt status, which are not-for-profit
corporations, organizations or other not-for-profit entities that are of Collier
County origin, have their principal location in Collier County, and of which
fifty per cent (50%) of the group's membership are residents of Collier
County, but the group's primary purpose is not to provide social services to
individuals who are not bona fide members of the group or is not to protect
interests outside of the group. This category includes property owners'
associations, political groups, and all other special interest oriented teams or
clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen
clubs, stamp, coin, and other collectors' clubs; garden clubs, car clubs, and all
other similar clubs, groups or organizations. The primary focus of these
groups is inward toward the group's members.
J. Categorv II - All Others
A. Each individual. grouP. organization or entity that is not within Categorv 1.
J.. fund RaisiFli:: .^.etivities
Eaell Categer)' I individual, grau]'!, ergQRj,.;ation or emity iRvolvsd iFl QR)' fufld
raising aetivity mast PI3;y fall fees as ses6riaed iR IV.B,A.
Eaeh Categery II irldiYiEhlal, groUj3, organizatioFl or entity involved iFl I3flY
nmd raising a<ltivity must flay full fees as des<lribed iFl IVB.
a. CllargiFlg iR a"baREle for an adFIHssioFl tieket or reqairmg QR)' taFlgible thiFlg
ef valae f-or adl'RissioR to, or t8 j3itrtieipate in, I3flY a<ltivity at any County j3arks
faeility, or,
13, ReEjllH-ing &flY dOFlation of mOFle)' 0r aIT)' 0tHElr t&flgible thing of monetary
value, or,
c. Selling or bartering aFlY tl3flgiale thiFlg of mCll1et~H)' value.
FURd nisiRg aetivities do Rot iRelude:
a. Season sign Uj3 fees f.or j3eTSoFls to j0iR league as a team member or team
partkipant.
b. The sale of eduElational materials for use as stuE!)- materials for stu8ents
attending class e0Fl8aeted at the park faEliEty_ Such sales must Be at or below
tHe seller's aEltl:lal 60StS.
IV.
FEE STRUCTURE - (All fees are exclusive of sales taxes unless otherwise
noted).
A.
Category I User Fees
FaciJity Rates (excluding league play and special facilities; I.e., swimming
pool, etc.)
Facility Type Rate Per Secu ritv
Hour Denosit
Indoor Room under 1,500 sq ft $10.00 $50.00
Indoor Room 1,501 - 3,000 sq ft $15.00 $100.00
Indoor Room 3,001 sq ft & over $20,00 $100.00
Gymnasium $30.00 $100.00
Small Pavilion $10.00 $25.00
Large Pavilion $20.00 $25,00
NCRP Indoor Room under 1,500 SQ ft $15.00 $50,00
3
Agenda Item NO.1 OA
November 14, 2006
Page 8 of 19
NCRP Indoor Room 1.501-3.000 so ft $25.00 $100.00
NCRP Indoor Room 3001 so ft & over $50.00 $100.00
NCRP Gymnasium (per court) $30.00 $100.00
Sugden Amphitheater $30.00 $60.00
Open Green Space (100 x 100) $10.00 n!a
Ath]etic Facilities for General Use (j.e, Special ~ $80.00
Events, Picnics, Carnivals, etc.) $20.00
Athletic Facilities for Athletic Use $15.00 n!a
(Football/Soccer, Soft/Baseball, Litt]e League,
Sports Pavilion, Roller Hockey)
Basketball/RacquetballN 0 lleyball/T ennis $5,00 n!a
Courts
~ ~ flfa
Sugden Regional Park for a Countywide Event $800 per $200,00
day
Immokalee Airport Park for a County wide $500,00 $200.00
Event ~
1. Renta] fees do not include setup and break down of facility. An additional
$20.00 per hour per staff person charge will apply should yOU require this
service.
2. The security deposit will be refunded in full if the facility is returned in the
condition in which it was received.
B. Category II User Fees
1. Facility Rates (exc]uding special facilities; i.e., swimming pool, etc.)
Facility Type Rate Per Hour Security
Deposit
Indoor Room under 1,500 sq ft $25.00 $50.00
Indoor Room 1,501 - 3,000 sq ft $45.00 $100.00
Indoor Room 3,001 sq ft & over $60.00 $100.00
Gymnasium $60.00 $100.00
NCRP Indoor Room under 1,500 so ft ~ $50.00
$40.00
NCRP Indoor Room 1.501-3.000 Sq ft W,.OO $100.00
$80.00
NCRP Indoor Room 3,001 so ft & over ~ $100.00
$125,00
NCRP Gymnasium (per court) $60.00 $100,00
Small Pavilion $10.00 $25.00
Large Pavilion $20.00 $25,00
Sugden Amphitheater $60.00 $60,00
Sugden Green Space $60.00 n!a
Open Green Space (100 x 100) $20.00 n!a
Athletic Facilities for General Use (i,e. Special $30,00 $80.00
Events, Picnics, Carnivals, etc,)
Athletic Facilities for Athletic Use WhOO nla
(Football/Soccer, Soft/Baseball, Little League, $25,00
Sports Pavilion, Roller Hockey)
Basketball/RacquetballN 0] leyball/T ennis $12.00 n!a
Courts
~ $+G,OO flfa
"
Sugden Regional Park for a Countywide $1 ,200 per day $200,00
Event
Immokalee Airport Park for a Countywide $1.000 per day $200.00
event
4
Agenda Item NO.1 OA
November 14, 2006
Page 9 of 19
1. Rental fees do not include setup and break down of facility.
An additional $20.00 per hour per staff person charge will apply should yoU
require this service.
2. The security deposit will be refunded in full if the facility is returned in the
condition in which it was received.
C. Additional Fees: Categories I and II
Service Additional Fee Per Hour
Rental during non-business hours $20.00
(hours that are not normal
departmental operation)
Additional non-security staff $15.00 per staff member
members
Additional security staff members $20.00 per hour per staff member
needed as detennined by department
Light fees (WHere not sfleeitied) $10.00 fler hel:lf
Special requests or additional clean Per hour fee determined by
up reauired department, based on cost
D. Beach Parking Facilities Fees; Boat Launch Facilities Fees
1. Beach Parking Facilities Fees
Beach parking facilities, including and not limited to, Barefoot Beach
Preserve, Barefoot Beach Access, Clam Pass Park, North Gulf Shore Access,
Tigertail Beach, South Marco Beach Access have a parking fee, inclusive of
sales tax, at a rate of $6.00 per day, Collier County residents may obtain a
beach parking permit at no charge. Permits will be valid for 2 years. Vehicles
with permits will be exempt from daily parking fees at all beach parking
facilities. Organizations operating excursion or shuttle services will be
charged double the per vehicle per day fee,
2, Boat Launch Facilities Fees
Boat launch facilities, including and not limited to, Caxambas Park,
Cocohatchee River Park, Collier Boulevard Boating Park, and Bayview Park,
shall have a launch fee, inclusive of sales tax, at a rate of $5.00 per launch per
day. All residents and visitors may purchase boat launch permits for an annual
fee of $75,00. These permits are available at all Collier County Parks and
Recreation Community Centers. Commercial permits for launch facilities may
be acquired at the Collier County Parks and Recreation Department
Administration Office for a cost of $100.00 per vehicle plus the $5.00 fee per
launch or $500.00 per commercial entity with no launch fee required,
Commercial entities purchasing the $500.00 permit are eligible to use up to 5
vehicles for launches. Additional vehicle permits must be purchased for
$100,00 each, All permits are good from January 1 to December 31.
E. Concession Fees
1. For Each concession booth/location in conjunction with rental (except for
NCRP) a $25.00 $20.00 fee per day or 20% of gross revenues per day,
whichever is greater, for each concession booth or location.
2. Concessionaires contracted by the County to serve the general public will pay
a negotiated fee in lieu of the general facility use fee schedule.
3. Organizations operating concessions for Collier County co-sponsored leagues
will be charged $5.00 per hour of operation.
F. Reserved
5
Agenda Item NO.1 OA
November 14, 2006
Page 10 of 19
G. Instructional Fees (Contractual Instructors)
1. Programs Fee Assessment: per hour or per participant basis.
2. }JSR Staff lFlstru6tor(s): '-"RY 68Sts fer supplies afla eqHij'lment will be
suatraetea tram the elass fee and tRe ealanee ef the fur-!ds will Be sj'llit e8t'seeR
the ROR staff iRstfl:leter(s) aRa tAe County as follows: 85% to tRe non staff
instruetor(s) alHI 35~(' to tRe COblflty for all sueh iRstraetional progTams
60naHctea eR Collier Csu.nty faeilities. i\fter subtraetioR, the pro ratieR for
instructional prograFl15 eORal:lcted SR non COHflty faeilities shall b@ '70% to fue
nOR staff instructor(s) afla 30~(' te tRe CeHHty.
J.. Non-StaffInstructor(s): The County shall pay 65% to the non-staff
instructor(s) and 35% to the County for all such instructional programs
conducted on Collier County facilities.
l. The pro-ration for instructional programs conducted on non-county
facilities shall be 70% to the non-staff instructor( s) and 30% to the
County.
H. Athletics
1, Collier County Parks and Recreation Leagues
Program
Minimum registration fee per participant per
league play
Adult
Youth
$30,00
~$10.00
Leagues charged on a fee per participant basis may require a sponsor fee.
Alternately, leagues may be charged a combined sponsor and players' fee per
team as follows:
Men's Softball
Women's Softball
Church Leagues
Men's 35
Co-Ed & One Pitch Softball
Men's Soccer
Co-Ed Soccer
Adult Flag Football
$860.00
$540.00
$710.00
$760.00
$610.00
$650.00
$400.00
$500,00
Leagues will not be charged field rental fees for practices and games during
scheduled league season, Lea::Hes will Rot be cHareed fiela reRta! fees fDr
practic@s aHa ::all~es auriH:: sGReaulea lea::Hs season. Immablee leagues .,,:ill
not b@ GRar;ed li;Ht fees fer pr-actic@s. Li::ht fees will be ',yai\'ed fer praetices
t!!:Q '.veeks Briar to the start afthe season.
2. Collier County Parks and Recreation Co-sponsored Leagues
Fees are applicable to Category 1 users only.
League Type
Fee per participant per
league play
S30,00
$1.00
Adult
Youth
6
Agenda Item NO.1 OA
November 14, 2006
Page 11 of 19
(includes play-offs or
all-star play)
per registered youth per week
of league play
L@ag1:les wille@ sharg@ulight fees fer pFastis@s, ewt Bet f-er slOfl@dul@s league
~
3. Clinics: Pro ratioFlI>:
a. For clinics conducted on any County facility, 65% of the fees go to the
group or individual(s) and 35% of the fees go to the County.
b. For clinics conducted on any non-County facility, 70% of the fees to the
group or individuates) and 30% ofthe fees to the County.
10, '^Ln aaditieRal Rewly rate will ee sAarced for the flllOilit!' if the slinis
serves a fURa raisiRC l"JIH'llBse.
d. If the clinic is free of charge to participants. regular facility rental fees
will apply.
4. Tournament Fees
Fees will be determined on a tournament-by-tournament basis based on, but
not limited to, the following criteria: direct operational costs, duration of
tournament, staffing, merchandise sales, category status, sponsored or co-
sponsored parking and food concessions.
I. Collier County Racquet Centers:
1. Pelican Bay Community Park Tennis Facility
Service Rate
Court Fees $&,.00 $10.00 per person per 1 Yz hr
Single Annual Membership ~371.00 $377.36
Couple Annual Membership $662.00
Yz Hour Pri vate Lesson $38.00
1 Hour Private Lesson $65.00
Round Robins $5.00 members
$10.00 non-members
The above court fees and membership rates do not include sales tax.
J. Collier County Aquatic Facilities
Key to abbreviations: GGAC=Golden Gate Aquatic Complex,
ISC=Immokalee Sports Complex, SNF = Sun-N-Fun Lagoon
Family is defined as an adult and. if any. his or her spouse living in the
same household. and/or. if any. his or her legal dependents under 18 years
of age living in the same household.
Fee for Non-Collier County public schools and col1eg:es and universities
during: reg:ular operating: hours is $35.00 per hour unless superseded by
separate al!feement.
Collier County Public Schools are fee exempt; however. they are required
to pav $15.00 per hour per lifeg:uard or instructor. if not during: rel!lllar
operating hours, This fee exemption does not apply to the Sun-N-Fun
Lagoon.
Rain Check Policy: Upon paid receipt of admission at any Aquatics
facility a rain check is issued after 30 minutes have elapsed upon signal
from the facility that the pools must be cleared due to inclement weather.
This rain check is onlv valid for individuals who present a paid receipt of
admission to the cashier or designee that indicates the individual paid for
7
Agenda Item NO.1 OA
November 14. 2006
Page 12 of 19
their admission within a 90 minute time period prior to the signal of
clearing the pools.
1. Entrance Fees (inclusive of sales tax)
URder J Y 9utk (J 17 AduU Senior
yf'S ~ (60+yrs)
3 vears Under 48" Over 48"
and under
GGAC Free $2.50 $3.00 $2.50
ISC Free $1.00 $1.50 $1. 00
SNF Free $5.50 $10.00 $8,00
2. Pass Fees (eKclusi"l~ inclusive of sales tax)
Type ~ Adult Senior Family
Under 48" Over 48"
GGAC 3 month $40.00 $60.00 $40,00 $100.00
ISC 3 month $35.00 $55.00 $35,00 $ 90.00
GGAC Annual ** $60,00 $80.00 $60.00 ~
$140,00
ISC Annual ** $50,00 $75.00 $50.00 ~
$125.00
SNF Annual ** $80,00 $110.00 $80.00 $190.00
No corporate discounts on pool passes.
Annual pass rates are for Collier County residents only.
** Please check dates and hours of operation at facility.
3. S .
WllTIlllmg nstructlOna ees
GGAC ISC
Children's ~~ hour $40.00 per $10.00 per
classes participant participant
Children's % hour $45.00 per $15.00 per
classes participant participant
Adult % hour classes $45,00 per $15,00 per
participant participant
Private Lessons $15.00 per Y2 hour nla
IF
4, Pool Rentals GGAC & ISC (exclusive of sales tax)
Each pool includes one staff member.
One pool $50,00 first hour
Each additional hour $35,00 per hour
Each additional pool $35,00 per hour per pool
Additional staff $15,00 per hour per lifeguard
5. Sun-N-Fun Lauoon Fees Group/Facilitv Rental Fees
'"
User Rate
PersoRs less tRaR 18 iRcRes tall $5.19 phJ5 tal; daily fee
PerSORS 48 iRches tall er taller .." ,~ :1. <'_
-
Members of groups of 20 or $4.25 plus tax daily fee
more who are less than 48 inches
tall
Members of groups of 20 or $7.55 plus tax daily fee
more who 48 inches tall or taller
Entire Facility Rental $1500 per hour, 2-hour minimum
$1000 each additional hour
includes staff
Partial Facility Rental $200 per hour, per pool
(excluding lazy river)
8
Agenda Item No. 10A
November 14, 2006
Page 13 of 19
$300 for lazy river
saes Fl0t iRelMGe staff, staffiRg
eAarge will be $15 p6f AeHl' per
lifeguars as Reea@s as a@ternHRed
by tR@ Dej3artment
No exceptions are made to Collier County Aquatic Facility rates.
fee fer RSR Collier CsbIDty pH1:Jlis seAoels ami eelleges ana
URivi!mitie& al:lfiRg; regular €lfleratiRg flEll:lfS is $35.00 per Rem
unless sMflerseEles BY separate agreemeat.
Collier County PlIelie S6Roels are fee e),empt; ReV/ever, tRey are
requwes te pay $15.90 per Rellr per lifeguare sr iRstrn6ter, if Ret
BHfiRg regular 0fleFatiRg hOHfs. This fee elleFHfltioR does Ret
apply to the SUR N f1:lR Lageen.
K. Collier County Fitness Centers
Key to abbreviations: GGCP=Golden Gate Community Park,
ISC=Immokalee Sports Complex, NCRP=North Collier Regional Park,
MHCP=Max Hasse Community Park, VTCP=Veterans Community
Park
1, Fitness passes are available in a three-tiered system, with passes
offering use of facilities as follows:
Facility Daily Fee Tier 1 Tier 2 Tier 3
Pass Pass Pass
NCRP Fitness $&-$7 yes no no
GGCP Fitness 7 yes yes no
MHCP Fitness 7 yes yes no
VTCP Fitness 4 yes yes yes
ISC Fitness 4 yes yes . yes
GGCP Pool Above see J yes yes no
ISC Pool Above see J yes yes yes
NCRP Lap Pool Above see J no no no
2. Fees associated with the pass types above are as follows, Daily
walk-in and membership fees are subject to 6% sales tax.
Tier Tier Tier
1 2 3
Monthly $35 $33 $20
3-Month $100 $90 $50
Annual $300 $250 $160
Spouse of Additional Family Member $165 $140 $100
(includes college students up to 25 years
of age)
Student (ages 13-18, students ages $125 $100 $75
13 to 14 must be accompanied by an
adult
3. Baby-sitting Service
$3.00 per child per use
$20.00 per lO-visit card
Babysitting service is offered limited hours at Golden Gate
Community Park Fitness and North Collier Regional Park
Fitness.
9
Agenda Item NO.1 OA
November 14, 2006
Page 14 of 19
4. Corporate Discount on Annual Passes
Discount does not apply to additional family members.
Discount is based on employee participation, as follows:
Employees
5-9
10 - 24
25 and above
Discount
10%
20%
40%
L. Skate Parks
Annual Membership for Age 21 and under $10
Annual Membership for Age 22 and older $25
M. Collier County Summer Camps, After School Programs, and Collier County
Parks and Recreation Specialty Camps
1. Summer Camp (9 week session)
9-week session
(each additional child)
I-week session
10% discount
$519.00 $600.00
$540.00
$ 75.00 $85.00
on each additional child from
the same
household after the first
2. After School Camps
per week Session- 19 weeks
20 weeks
$25.00 $475.00
$500.00
Transportation cost per week is additional and will be based on the
current transportati on contract.
3. Holiday Camps
I-day camp
1- week camp
East@r CamfJ (5 days)
Christmas Camp (1 days)
$15.00
$85.00
$75.00
$SO.OO
4, Collier County Parks and Recreation Specialty Camps
Additional specialty camp fees are competitive market prices based
on hours and type of instruction.
Ranger Camp per week
Ski Camp per two weeks
Sailing camp per two weeks
$100,00
$250,00
$250.00
N. Refund Policv
a. Programs and Classes
Satisfaction Guarantee Policv -If yoU are not satisfied with a class or are
unable to participate for any reason. please contact us immediately. Our
policy is to provide a 100% credit or refund (your choice) to anyone who
makes a WRITTEN request before the start of the second class, Requests
10
Agenda Item NO.1 OA
November 14, 2006
Page 15 of 19
received after the second class will entitle participants to a prorated
refund, Prorated refunds will be based on the number of classes remaining
at the time the written application for refund is made. This offer does not
include adult sports leagues or supplies purchased for the class.
b. Facilitv Rentals
If vou are not satisfied with a facilitv or inclement weather prohibits
usage. a written request must be submitted within 48 hours. The
department Director or designee will make a determination if the refund
will be granted.
c. Point of Sale Refund
If vou are not satisfied with a facilitv or a service provided bv the
department. vour request for a refund will be reviewed bv the supervisor
on duty. Current Finance Department refund policies will be followed.
O. Memorial Bench and Tree Donations
1. $2,000 Bench
2. $ 500 Tree
P.
Fines for Park and Beach Citations
Chapter 89-440 Laws of Florida authorizes the Board of Countv
Commissioners to designate emplovees of Collier County Parks and
Recreation Department as Park Rangers. The Board of Countv
Commissioners has granted Collier Countv Park Rangers with certain
powers and duties. through Section 246-28 the Code of Laws and
Ordinances. Chapter 97-347 (Special Act) as amended bv Chapter 2006-
337 further authorizing Park Rangers to write citations to appear before
the Special Master.
80-47- Parking Citation
80-47- Handicap Parking Citation
76-48- Domestic Animals
76-48- Littering
76-48- Intoxicating Beverages
76-48- Glass Containers
76-48- Fires
76-48- Sea Turtles - Structure on Beach no Interaction
76-48- Sea Turtles -Interruption of Nesting
76-48- Sea Turtles - Grievous Harm Caused
76-48- Sea Turtles - Artificial Lighting/Non-Compliance
3, 1 lA-Gopher Tortoise Inrraction
(Land Development Code)
76-48- Loud Music
76-48- Nuditv
76-48- Indecent Exposure
76-48- Blasphemous Language
76-48- Chumming and Blood Baiting
76-48- Protection & Preservation of Wildlife
76-48- Camping
76-48- Driving Motorized/Non-Motorized Vehicle/Beach
76-48- Deface or Disfigure Countv Property
76-48- Protection of Vegetation
76-48- Soliciting
76-48- Removal of Live. Natural Obiects
76-48- Removal of Cultural Resources
76-48- Firearms
$35
$250
$30
$]00
$75
$100
$]00
$250
$500
$1.000
$500
UP to $500
$]00
$]00
$]00
$50
$75
$50
$75
$75
$250*
$50
$]00
$]00
$]00
$]00
1 ]
Agenda Item NO.1 OA
November 14, 2006
Page 16of19
* All efforts will be made to ensure individuals who disfigure or deface County property
in addition to the fines cited above pay for the propertY damage.
Q. Golden Gate Community Center
1. Golden Gate Taxing District Boundaries:
West Boundary: Santa Barbara Boulevard to Logan Boulevard to First
Avenue SW
East Boundary: canal 1 mile east of County Road 951
North Boundary: First Avenue SW over 951 Boulevard and White
Boulevard to the canal located 1 mile east of County Road 951
South Boundary: Palm Springs subdivision and Radio Road to Santa
Barbara Boulevard
2. User Categories
Class 1: Charitable. Not-for-Profit organizations
Class II: Not-for-Profit organizations
Class III: Civic organizations
Class IV: Commercial or For-Profit organizations and any other group or
individual
3. Deposit Fees
Auditorium
All Other Rooms
$200.00
$ 50,00
4. Rental Fees
A. Rooms A, B, C, D
Category within District
Class I No charge
Class II No charge
Class III
Class IV
(<1,500 sq ft)
(1,501-3,000)
(3,001+)
B. Auditorium
Category
Class I & III
Class II
Class IV
No charge
$ I 0, 00,11Our
$15,001 hour
$20,001 hour
within District
No charge
approved by Board
$20.00/hr < 10 pm
$40.00/hr 10 pm +
outside District
No charge
approved by Board
No charge
$25,00/ hour
$45.00/ hour
$60.00/ hour
outside District
No charge
approved by Board
$60,00ibr < 10 pm
S80,00ibr 10 pm +
C. Wheels Amphitheater and Open Area
Fees charged in accordance with the Sugden Regional Park Fee Policy
for Use for Countywide Events.
D. Gymnasium
Category
Class I
Fund Raising
Class II
Fund Raising
General Fee
$30.00 per hour any size
$20.00 added to rate above
$60.00 per hour any size
$20.00 added to rate above
12
Agenda Item NO.1 OA
November 14, 2006
Page 17 of 19
Classes 1II, IV will be required to pay sales tax.
5. Service and Sale of Alcoholic Beverages
A. Serving of Alcoholic Beverages
These provisions apply for any event where alcoholic beverages will
be available. No alcohol may be made available without a valid
Certificate of Insurance on file at the Golden Gate Community
Center.
User categories Class I and Class II, as previously defined in Q(2),
above, the user must present a General Liability Policy for the date
of use which specifically includes contractual liability and host
liquor liability in an amount not less than Five Hundred Thousand
Dollars ($500,000) at least four (4) weeks prior to the event. As
determined by the County Risk Management Director, in the event
of above average exposure Five Hundred Thousand Dollars
($500,000) liability coverage shall be required. In the event of
unusual or high exposure One Million Dollar ($1,000,000) liability
shall be required.
B. Sale of Alcoholic Beverages
In the event any user intends to sell alcoholic beverages, they will be
required to meet all State requirements regarding the sale of alcohol
and obtain all required permits. Copies of said permits shall be filed
with the Community Center Supervisor. The Center Supervisor shall
contact Collier County Department of Risk Management for
insurance requirements.
C. Rules and Regulations for Users Serving Alcoholic Beverages
1. It is the responsibility ofthe user that no alcoholic beverage shall
be allowed outside assigned meeting room(s) auditorium.
2. The user is responsible to ascertain that no alcoholic beverage
shall be served to any person under the age of 21.
3. The user shall be responsible for the behavior of any parties with
the user's group.
4, The user shall be responsible to assure that no alcoholic beverages
are served during the last thirty (30) minutes of user's scheduled
event.
5. The user will be responsible for supplying a Certificate of
Insurance at least four (4) weeks prior to scheduled event (see
insurance provisions).
6. The user will be responsible to comply with Chapter 562, Florida
Statues.
7. The user must abide by all other operational policies and
procedures of the Golden Gate Community Center. Any violation of
any of these JUles can result in termination of the event.
8. The user must pay the cost of security provided by the Collier
County Sheriff's Office. The fee is payable to Collier County Parks
and Recreation at the time of payment for facility use.
13
Aoenda Item NO.1 OA
November 14, 2006
Page 18 of 19
R. Scholarshio/Slidin2 Fee Scale
If applicable. scholarships are available based on a sliding fee schedule.
Please see attachment B for income and sliding fee scale rates, Sliding Fee
Scale rates are based on Federal Poverty Limit guidelines and are adiusted
annuallv as part of the resolution. Proof of income is verified through wage
statements. W-2's. etc,
A copy of the fee rules, as hereby amended, is attached. This revised policy shall be
effective November 14, 2006.
This Resolution adopted this day of
and majority vote in favor of passage,
, 2006 after motion, second
ATTEST
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
Approved as to fonn and legal
sufficiency:
By:
Robert Zachary
Assistant County Attorney
14
Attachment A
Fines for Park and Beach Citations
Agenda Item No.1 OA
November 14, 2006
Page 19 of 19
Fines for Park and Beach Citations
Loud Music
Nudity
Indecent Exposure
Blasphemous Language
Chumming and Blood Baiting
Protection & Preservation of Wildlife
Camping
Driving MotorizedIN on- Motorized V ehicleIB each
Deface or Disfigure County Property
Protection of Vegetation
Soliciting
Removal of Live, Natural Objects
Removal of Cultural Resources
Firearms
$35
$250
$30
$100
$75
$100
$100
$250
$500
$1 ,000
$500
up to $500
(Land Development Code)
$100
$100
$100
$50
$75
$50
$75
$75
$250*
$50
$100
$100
$100
$lOO
Parking Citation
Handicap Parking Citation
Domestic Animals
Littering
Intoxicating Beverages
Glass Containers
Fires
Sea Turtles - Structure on Beach no Interaction
Sea Turtles - Interruption of Nesting
Sea Turtles - Grievous Harm Caused
Sea Turtles - Artificial Lighting/Non-Compliance
Gopher Tortoise Infraction
* All efforts will be made to ensure individuals who disfigure or deface County property
in addition to the fines cited above pay for the property damage.
Agenda Item NO.1 OB
November 14, 2006
Page 1 of 17
,-
EXECUTIVE SUMMARY
Recommendation to accept changes to the County purchasing card system and related
procedures, controls and training activities
OBJECTIVE: To obtain acceptance from the Board of County Commissioners for the County's
purchasing card system, including procedures, controls and training activities.
CONSIDERATIONS: On October 10, 2006, the Board of County Commissioners approved staff-
recommended changes to the County's purchasing policy. Included in the changes was a single
modification to the County purchasing card program authorizing Purchasing Department staff to place
orders for larger purchases via a purchasing card rather than a purchase order where appropriate.
Pursuant to review and approval of the referenced policy changes, the Board requested a follow-up report
from staff summarizing the parameters and controls of the County's current purchasing card system. The
following is an overview of the system:
1. There are presently 386 cardholders in the system. As of October 20, 2006, 3,835 transactions,
totaling $754,719, had been processed calendar year-to-date. The average dollar value of each
transaction is slightly less than $200.
-
2. The County initiated its purchasing card program in 1998 under the State of Florida contract provider.
In January 2006, a new competitively awarded contract with Sun Trust Bank commenced. Under the
new contract, departments may authorize a cardholder to make purchases up to a maximum of
$1,000 per transaction and $10,000 per month, though many departments choose lower limits for
their cardholders. The Purchasing Department reviews the limits requested for each prospective
cardholder and questions these requests where appropriate.
3. In order to be issued a card, the employee's department director must authorize use of the card for
that individual. Employees are then required to undergo training (curriculum attached) from Purchasing
Department staff, at which time they receive a copy of, and are briefed on, the County's procedural
requirements and their roles and responsibilities as cardholders. Pursuant to receiving their cards,
each cardholder is required to sign a formal statement acknowledging that they understand these
procedures and agree to abide by them.
4. The system includes controls that prevent an employee from exceeding their assigned dollar limits at
the time of a transaction. Additionally, there are more than 100 merchant codes that purchasing staff
has electronically blocked from use by cardholders. An itemized list of the blocked codes is enclosed.
5. Each purchasing card has a finite life. Cards are re-issued periodically to each cardholder. At the time
of re-issuance, the employee receives refresher training regarding the requirements of card usage.
6. When a cardholder conducts a transaction, they provide receipts for the purchase to a designated
staff member in their department. The receipt is reviewed within the user's department and verified to
ensure that the receipt is correct; that the purchase is valid and is compliant with the Board's
purchasing policy.
7. After the department approves the purchase, the Purchasing Department reviews the transaction and
conducts a similar, but independent verification. The transaction is then forwarded to the Clerk's
Finance and Accounting Division for payment to the bank. No payment for any transaction is
processed without review from purchasing staff.
8. As with most credit card programs, there is a 60-day window to dispute any questionable charges that
",-- appear on the bank statement.
Agenda Item NO.1 OB
November 14, 2006
Page 2 of 17
Executive Summary
Summary of County Purchasing Card System
Paae 2
9. In the event that an employee violates the usage rules for their card, purchasing staff has the
authority to address such matters through a variety of means, subject to the nature and severity of the
offense. These actions include verbal counseling, suspending an employee's card, returning the
purchased items to the vendor and in very rare instances, where warranted, pursuing formal
discipline against the cardholder.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed report concerning
the issuance and control of the purchasing cards issued to County employees.
PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10B
November 14, 2006
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
Recommendatlon to accept changes to the County purchasing card system and related
procedures controls and training activIties. (Len Pnc€, Administrator, Administrative
Services)
11/14/200690000 AM
PurchasingfGeneraJ Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
101301200611 :09 AM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Administrative Services
Administrative Services Admin.
10131/20064:57 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
1111120058:37 AM
Michael Smykowskl
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
11/3/2006 5:29 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1117/2006 3:24 PM
I.
Agenda Item No. 10B
November 14, 2006
Page 4 of 17
Purchasing Card Cardholder
Training
Name
Date
Board of County Commissioners
Purchasing Department
COLLIER COUNTY PURCHASING CARD
Cardholder Training Summary
Agenda Item No.1 OB
November 14, 2006
Page 5 of 17
Purchasina Card Overview
. The card is not intended to replace effective Collier County procurement practices
. Collier County purchasing policies, along with department's guidelines must be followed
. Limits: generally, $1,000 for each transaction; monthly limit is $10,000 (directors have the discretion to
establish lower limits); higher limits must be approved by the Director of Purchasing
. The card may be used for small dollar ($1,000 or less) purchases that serve a valid public purchase on
behalf of Collier County, and are not restricted purchases (see below)
. The card is embossed with the cardholder's name; no other person is authorized to use the card
The Purchase
. A transaction may be comprised of multiple items; the itemized receipt of all item(s) cannot exceed the single
dollar transaction limit
. Purchases may not be split to stay within the single transaction limit
. Beware: purchases will be denied if the single transaction limit or authorized monthly spending limit is
exceeded
. Items must be immediately available; no back orders are permitted; and Internet sites must be secured
. Restricted purchases:
./ Assets
./ Personal purchases or cash withdrawals
./ Gasoline, fuel or oil
./ Telephone charge
./ Flowers, cards, gift baskets, etc
Food while on business travel status (Employees will be reimbursed per CMA 5310 Business Travel
except where authorized by existing Board of County Commissioners policy),
./ Items available through a County contract
./ Items where blanket purchase orders are in place
./ Services from independent contractors, other individuals, or unincorporated businesses of $600 or more
in a calendar year; typically referred to as "1099" vendors (e.g. consultants; medical, legal services, and
accounting services)
Cardholder Responsibility
. Validate the purchase is within the budget and is a "valid public purchase"
. Provide the County's Tax Exemption number to the vendor
. If delivery is involved: instruct the vendor where to deliver materials, including contact person, department,
building, room number, and telephone number
. Provide an itemized receipt, including the quantity, a description of the item(s), the unit cost and the
extended price (lost receipt: contact the vendor to obtain a duplicate itemized receipt), document the
transaction and retum transaction information to department contact immediately
. Credits for returns must be obtained - cash refunds or store credits are not permitted
. Contact the vendor immediately and attempt to reach a resolution on questionable charges
. Review receipts; dispute charges if necessary
. Lost or stolen card: immediately contact the Bank, the department contact and the Purchasing Card Program
Administrator
Failure to Complv
. Department and central (Purchasing and Finance) review all transactions
. First offense: suspension of cardholder privileges
· Second offense: immediate termination of privileges
Attachments I Handouts
. CMA #5808
. Tax exempt certificate
. Purchasing Card Acknowledgement Form
. Activity Log
. Dispute Form
MarkiewiczlPurchasingCard
CardholderTrainigSummary05062006
Revised: 09/15/06
Agenda Item No.1 08
November 14, 2006
Page 6 of 17
OFFICE OF THE COUNTY MANAGER
ADMINISTRATIVE PROCEDURE
CMA #5808
SUBJECT: Purchasing Card Program Policy And Procedure
A. PURPOSE: The purpose of this instruction is to provide a procedure to all holders of a
purchasing card as authorized by the County Manager.
B. CONCEPT: The purchasing card program is a delegation of procurement authority by
the Purchasing Department to the Board of County Commissioners operating departments. Each
Department Director must control the proper use of his or her department's purchasing cards.
1. Purchasing Card Administration:
a) Each Department Director shall determine who in their Department
should have a County purchasing card. The "Purchasing Card Request Form" is
used to apply for a purchaSing card. The request form must be completed in its
entirety and approved by the Department Director.
b) New cardholders will receive training prior to issuance of the purchasing
card and must sign a "Purchasing Card Acknowledgement Form." The training
will cover the card's proper use and restrictions. The cardholder is expected to
sign a "Purchasing Card Acknowledgement Form" prior to the distribution of any
new or re-issued card, or as requested by the Purchasing Office; this signifies the
cardholder understands and accepts all responsibilities associated with the
purchasing card. Failure by a cardholder to sign and return the form will result in
suspension of cardholder privileges.
c) The "Purchasing Card Requesf' form is also used to make changes to the
purchasing card. Any changes to "cardholder control" will require the
Department Director's signature approval.
d) If an employee transfers or is promoted to another Collier County
department, leaves BCC employ, or no longer needs use of the card, the
department is required to collect and forward the card to the Purchasing
Department. Upon receipt by the Purchasing Department, the account will be
closed and the card will be destroyed.
e) If the card cannot be collected from the terminated employee, the
department shall notify Purchasing. The Purchasing Department will treat the
card as a "Lost or Stolen" and close the account.
2. Conditions orUse:
a) Use of the purchasing card is not intended to replace effective
procurement planning which enables the use of volume discounts, generally
through contracts which have been competitively bid. The card may be used for
small dollar ($1,000 or less) purchases and the cardholder should strive to
purchase the least expensive item that meets the County's basic needs.
1
Updated: 10/24/06
Agenda Item NO.1 OB
November 14, 2006
Page 7 of 17
b) The purchasing card is to be used for County business purpose only, and
should not be used for items specifically prohibited in Account Restrictions.
c) Cardholders must follow their department's guidelines to ensure that
sufficient funds are available prior to making a purchase.
d) The expenditure limit for this program is $1,000 for each transaction
with a maximum monthly limit not to exceed $10,000, unless approved by the
Director of Purchasing. The Department Director shall determine the monthly
spending limit for each cardholder who he/she authorizes to have a card.
e) . The purchasing card is embossed with the cardholder's name and is to be
used only by that cardholder. No other person is authorized to use the card.
f.) Items purchased by using the purchasing card must be immediately
available; back orders are not permitted.
g) Items purchased by telephone or Internet (site must be secured) must be
delivered immediately in a single delivery; back orders are not permitted..
Express and/or overnight deliveries should only be used in the case of a
department emergency.
h) A transaction may be comprised of multiple items; the itemized receipt
of all item(s) cannot exceed the single transaction dollar limit. Purchases will be
denied if the single transaction limit or authorized monthly spending limit is
exceeded. Purchases may not be split in two or more orders in order to stay
within the single transaction purchase limit.
i) Each transaction should be processed for payment as quickly as possible
and within five (5) working days of receipt of goods.
3. Account Restrictions: The following items may not be purchased using the
purchasing card:
a) Personal purchases or cash withdrawals;
b) Gasoline, fuel or oil;
c) Telephone charges;
d) Food while on business travel status (Employees will be reimbursed per
CMA 5310 Business Travel except where authorized by existing Board
of County Commissioners policy).
e) Flowers, cards, gift baskets, etc.
f) Items available through a County contract;
g) Items where blanket purchase orders are in place; and
h) Services from independent contractors, other individuals, or
unincorporated businesses of $600 or more in a calendar year;
typically referred to as "1099" vendors (e.g. consultants; medical,
legal services, and accounting services).
4. Purchasing Card Transactiou Documentation:
a) The cardholder is responsible for obtaining and providing to their department
an itemized receipt for items purchased using the card. The itemized receipt
must include the quantity, a description of the item(s), the unit cost and the
extended price. If a receipt is lost, the cardholder must contact the vendor to
.
Agenda Item NO.1 08
November 14, 2006
Page 8 of 17
O~CEOFTHECOUNTYMANAGER
ADMINISTRATiVE PROCEDURE
obtain a duplicate itemized receipt. Continual abuse may result in loss of
card privileges and disciplinary action.
5. Cardholder Responsibility:
a) The cardholder must instruct the vendor where to deliver materials,
including contact person, department, building, room number, and telephone
number of the delivery site.
b) The cardholder shall provide the vendor with the COlUlty'S Tax
Exemption number.
c) The cardholder must obtain the total cost of the order from the vendor
(including shipping) before the order can be considered as placed. The
cardholder shall advise the vendor not to bill the purchasing card until the order
is ready to be shipped. The cardholder shall confirm with the vendor. that an
itemized receipt shall be provided. If ordering over the Internet, the cardholder
must obtain an itemized receipt. The cardholder may not use the purchasing card
if an itemized receipt cannot be obtained.
d) The vendor may advise the cardholder that the purchasing card has been
denied, it is likely the result of business rules that have been established by
Purchasing Department. Any questions regarding vendor denial of a Collier
County purchasing card should be directed to the Purchasing Card Program
Administrator (program Administrator).
e) The cardholder must complete the Purchasing Card Activity and
Payment Log of all purchases, and attach the itemized receipt. This will be used
to verify the accuracy of vendors' charges on the bank statement.
f) The cardholder shall forward all paperwork, including an itemized
receipt to his/her immediate supervisor for approval upon receipt of the goods.
Credits to the purchasing card must be issued should a cardholder return an item;
cash refunds or store credits are not permitted.
g) The cardholder shall contact the vendor immediately and attempt to
reach a resolution if there is a questionable charge on the statement. If the
cardholder reaches an agreement with the vendor, there is no dispute. If the
vendor refuses to acknowledge the error or will not issue a credit, the cardholder
must complete the "Purchasing Card Dispute Form" and forward it to the
Purchasing Department. The Purchasing Department will coordinate the dispute
action with the Banle
h) The cardholder must immediately contact the Bank, their department and
the Purchasing Card Program Administrator if the card has been lost or stolen.
6. Department Responsibilities:
a) The department will prepare an annual blanket purchase order to pay for
the charges posted to the purchasing card.
3
Updated: 10/24/06
Agenda Item NO.1 OB
November 14, 2006
Page 9 of 17
b) The department will process the itemized receipt for payment as soon as
possib Ie and within five (5) business days of receipt of goods.
c) The department will ensure the account number is included on the
blanket purchase order and there is sufficient money in the general ledger to
process the payment. A goods receipt must be completed for each purchasing
card transaction.
d) The department authorized cost center authority shall review, validate
and approve all transaction documentation. AJJ.y errors, sales tax issues or
questionable purchases must be resolved before payment submission. to the
Finance - Accounts Payable. The authorized cost center signature certifies that
all transactions are legitimate expenditures of County funds.
7. Purchasing Card Program Administrator Responsibilities:
a) The Purchasing Card Program Administrator (or designee) will review
transactions and supporting documentation, and validate compliance with County
purchasing policies. If discrepancies are found, the Purchasing Card Program
Administrator ( or designee) may require additional documentation from the
cardholder or department.
b) Improper or unauthorized use of the purchasing card shall be reported
immediately to the Purchasing Card Program Administrator. The Purchasing
Card Program Administrator, in collaboration with the cardholder's supervisor, is
responsible for administering appropriate disciplinary actions for the following
improper or unauthorized use of the purchasing card.
./
c) Cardholders who fail to submit purchasing card transaction
documentation, including itemized receipts, or purchase items identified 00 the
Account Restriction list may be subject to the following: .
(1) First Offense: Suspension of cardholder privileges for a
minimum of thirty (30) days.
(2) Second Offense:
privileges.
Immediate termination of cardholder
d) Cardholders who fail to complete and return the "Ptirchasing Card
Acknowledgement" form will result in suspension of cardholder privileges.
Cardholder privileges will be reinstated upon receipt of the signed "Cardholder
Agreement" form.
e) The Purchasing Card Program Administrator will notify the cardholder's
immediate supervisor or Department Director of improper or unauthorized use of
a purchasing card.
f) If additional disciplinary action is necessary, and after consultation with
the Purchasing Card Program Administrator and the individual cardholder" the
immediate supervisor or Department Director shall follow the disciplinary
procedures under CMA #53.51, Discipline.
g) The cardholder may be subject to disciplinary action and/or be required
to reimburse the County for the total amount if there be an instance where the
-
Agenda Item No.1 OB
November 14, 2006
Page 10 of 17
OFFICE OF THE COUNTY MANAGER
ADMINISTRATIVE PROCEDURE
transaction does not meet a valid public purpose and there is no ability to return
the goods or services.
~. CURRENCY: The Purchasing Department is responsible for maintaining the currency
of this Instruction.
5
Updated: 10/24/06
.l =-20-"''''' ''''''''' FROM'
Agenda Item NO.1 08
November 14 20()6
Page 11. of 17
TO: 732eJ844
P.2/2
Iloorr
"
m~l g6-3 bl a {" 8. 18
8.,9-60126216300-2
Oel'llUc:al& Number
r con~umer's Ce:rtiflcate of, Exemptio~
'Issued Pureuantio Chapter 212, Florida Statutes:
td>
OR*14 :
R.01/02
1 0/26/2002
Ef($el;1IQ QatD
10/31/.2007
~Ypimiinn Date
This certifies thaI
COUNTY COMMISSIONER
COLLIER COUNTY SOARD 01=
3301 TAMtAMI TRl. E!
NAPLES FL 34112-3969
"
CH..1WlT...ENT
o~ ~vEJoJ~1E
Important Info~mation for Exemi2t Orga-nizatio~~J
DR-14
R_ 01102
:,- 1.
2-
S.
4.
You mu~ provicKil all vendors and suppliers with an 9XClmption certificate befom m::lldng tax-sX'empt purchases.
See Aule 12A-1.039. Florida AamlnlStl'atlve Code (FAC).
Your Consumer's (;Q1TiflcatQ of ~mption Is to blil used ~Iely by your' organization for your organl~ton's
customary nonprofit activities.
Pi.lreha:os mad" by an individual on behalf of the org:anization al'Q taxable, 9VQn if the Inrlividlt=d will hi:!
reimbursed by the organizatIon.
Thh; Qxgmption :applilils only to purch~. your organi:.wtion makes;:. 1119 sale or IG:aSQ to oihel'S by your
organizaIion of tangible personal propeny, sleeping accommOdations or i:nner real propertY Is taxable. . Your
organization must regi$ter, and collect and remit sales and use tax an such 1axable transactions. Note: Churche-s
ara QXQmpt from this: requlmmgnt 9XCOpt wh.m thay am the less:or of roaf property (Rule 12A-1.070. FAC).
5. it- i:3 a ~rimi~aJ ;ff;~~e' t;fi.'"aUdulenuy pre,sent this certificate to evade the payment of sales tax. Under no .
cil'CUllista.nCQs should this certificate bo used for the p9rson~ bQnafit of any Individual. Violators wiJl be Iiabl" lor
payment of the safesUlX plus a penaltY ot 20crro of tne tax. and may be subject to conviction ot a thlrtl degree.
felony. Any violation will necessitate the revocation of this c;ertific;ate.
6. If you have questtons regardIng your exemption certifiCate, please 9Qntact the l::Xeinption unit of Central
Registration at 8$0-487-4130. The mailing address Is 5050 West Tenne:osee street, Tallahassee,
FL 3239g.0100.
RECEIVED
(DEe 0 1 21103
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Agenda Item NO.1 OB
~~ovember 14, 2006
Page 13 of 17
Dispute Information
Send Dispute To
SunTrust Bank
Attn: Corporate Disputes
P.O. Box 4910
Orlando, FL 32802
Dispute Inquiry
Toll Free 1-877-864-0197
Fax 1-407-762-5405
o Corporate Card
o Purchasing Card
Company Name
Cardholder Information
Name
Address
City
Home Phone Number
Individual Account Number
State
Business Phone Number
Zip Code
Ext.
Dispute
Correct Amount $
Duplicate Posting
Attach Sales Receipt
Incorrect Amount
$
Transaction Posting Date
Credit Not Processed $
Other
Vendor
Attach Sales Receipt
Product Service
Amount $
Details About the Disputed Item(s)
Cardholder's Signature
Date
314959 (4115105)
SunTrust Corporate Fonns
Page 1 of 1
Agenda Item No_ 10B
!'~ovember 14_ 2006
Page14of17
COLLIER COUNTY PURCHASING CARD
Acknowledgement Fonn
1- ...-.----..--.-..-.-----------.------.-.--..-----.------.--.----.--.-..---.-------------------i
II certify that I have received a copy of the Collier County, Florida Purchasing Card Program POliCY,'
and Procedure (CMA 5808), and, I understand and agree to the terms set forth therein. I agree
that I will relinquish my Purchasing Card to the County when requested to do so, and upon !
termination of employment. :
i
I
I
Further, I understand that failure to use this Purchasing Card in accordance with all rules and I
, regulations established by my department may result in relinquishing the Purchasing Card and I
I possible disciplinary measures. i
j
I understand the Purchasing Card cannot be used for personal use and any such use will require i
immediate reimbursement and may result in disciplinary action, up to and including dismissal.
MarkiewiczlPurchasingCard
AcknowledgemenlForm05062006
Revised: 06/2006
Agenda Item NO.1 OB
November 14, 2006
Page 15 of 17
colO
STL $200.
1520 GENERAL CONTRACTORS-RESIDENTIAL AND COMMERCIAL EXCLUDE
1731 ELECTRICAL CONTRACTORS EXCLUDE
1761 ROOFING,SIDING,AND SHEET METAL WORK CONTRACTORS EXCLUDE
4411 STEAMSHIP AND CRUISE LINES EXCLUDE
4723 PACKAGE TOUR OPERATORS (GERMANY ON EXCLUDE
4761 TELEMARKETING OF TRAVEL RELATED SERVICES AND VITAMINS EXCLUDE
4815 VISA PHONE EXCLUDE
4829 WIRE TRANSFER MONEY ORDER EXCLUDE
4899 CABLE AND OTHER PAY TELEVISION SERVICES EXCLUDE
4900 UTILITIES - ELECTRIC,GAS,WATER,SANITARY EXCLUDE
5094 PRECIOUS STONES AND METALS. WATCHES & JEWELRY EXCLUDE
5271 MOBILE HOME DEALERS EXCLUDE
5309 DUTY FREE STORES EXCLUDE
5441 CANDY,NUT, AND CONFECTIONERY STORES EXCLUDE
5451 DAIRY PRODUCTS STORES EXCLUDE
5462 BAKERIES EXCLUDE
5499 MISCELLANEOUS FOOD STORES-CONV STRS AND SPECIALTY MKTS. EXCLUDE
5511 CAR AND TRUCK DEALERS (NEW AND USED) EXCLUDE
5521 CAR AND TRUCK DEALERS (USED ONLY) EXCLUDE
5541 SERVICE STATIONS (WITH OR WITHOUT ANCILLARY SERVICES EXCLUDE
5542 AUTOMATED FUEL DISPENSER EXCLUDE
5551 BOAT DEALERS EXCLUDE
5561 CAMPER,RECREA TIONAL AND UTILITY TRAILER DEALER EXCLUDE 8/1/06 Incll
5571 MOTORCYCLE DEALERS EXCLUDE
5592 MOTOR HOMES DEALERS EXCLUDE
5598 SNOWMOBILE DEALERS EXCLUDE
5611 MEN'S AND BOY'S CLOTHING AND ACCESSORY STORES EXCLUDE
5621 WOMEN'S READY-TO-WEAR STORES EXCLUDE
5631 WOMEN'S ACCESSORY AND SPECIALTY STORES EXCLUDE
5641 CHILDREN'S AND INFANT'S WEAR STORES EXCLUDE
5651 FAMILY CLOTHING STORES EXCLUDE
5681 FURRIERS AND FUR SHOPS EXCLUDE
5691 MEN'S AND WOMEN'S CLOTHING STORES EXCLUDE
5698 WIG AND TOUPEE SHOPS EXCLUDE
5718 FIREPLACES,FIREPLACE SCREENS AND ACCESSORIES STORES EXCLUDE
5813 DRINKING PLACES (ALCOHOLIC BEVERAGES) EXCLUDE
5921 PACKAGE STORES-BEER,WINE,AND LIQUOR EXCLUDE
5932 ANTIQUE SHOPS EXCLUDE
5933 PAWN SHOPS EXCLUDE
5937 ANTIQUE REPRODUCTION STORES EXCLUDE
5940 BICYCLE SHOPS-SALES AND SERVICE EXCLUDE
5944 JEWELRY,WATCH,CLOCK,AND SILVERWARE STORES EXCLUDE
5948 LUGGAGE AND LEATHER GOODS STORES EXCLUDE
5960 DIRECT MARKETING INSURANCE SERVICES EXCLUDE
5961 MAIL ORDER EXCLUDE
5966 OUTBOUND TELEMARKETING MERCHANTS EXCLUDE
5967 DIRECT MARKETING-INBOUND TELEMARKETING MERCHANTS EXCLUDE
5969 DIRCT MARKETING/DIRCT MARKETERS-NOT ELSEWHERE CLASSIF EXCLUDE
5971 ART DEALERS AND GALLERIES EXCLUDE
5972 STAMP AND COIN STORES EXCLUDE
5973 RELIGIOUS GOODS STORES EXCLUDE
5977 COSMETIC STORES EXCLUDE
5993 CIGAR STORES AND STANDS EXCLUDE
5997 ELECTRIC RAZOR STORES-SALES AND SERVICE EXCLUDE
6010 FINANCIAL INSTITUTIONS--MANUAL CASH DISBURSEMENTS EXCLUDE
.
Agenda Item No. 10B
November 14, 2006
Page 16 of 17
6011 FINANCIAL INSTITUTIONS--AUTOMATED CASH DISBURSEMENTS EXCLUDE
6012 FINANCIAL INSTITUTIONS--MERCHANDISE AND SERVICES EXCLUDE
6050 QUASI-CASH (e.g. Western Union) EXCLUDE
6051 NON FINANCIAL INSTITUTIONS EXCLUDE
6211 SECURITIES--BROKERS AND DEALERS EXCLUDE
6300 INSURANCE-SALES & UNDERWRITING EXCLUDE
6381 INSURANCE-PREMIUMS EXCLUDE
6399 INSURANCE-NOT ELSEWHERE CLASSIFIED EXCLUDE
6513 REAL ESTATE AGENTS AND MANAGERS - RENTALS EXCLUDE
6529 REMOTE STORED VALUE LOAD-MEMBER FINANCIAL INSTITUTION EXCLUDE
6530 REMOTE STORED VALUE LOAD-MERCHANT EXCLUDE
6535 VALUE PURCHASE - MEMBER FINANCIAL INSTITUTION EXCLUDE
6611 OVER PAYMENTS EXCLUDE
6760 SAVINGS BONDS EXCLUDE
7012 TlMESHARES EXCLUDE
7032 SPORTING AND RECREATIONAL CAMPS EXCLUDE
7033 TRAILER PARKS AND CAMPGROUNDS EXCLUDE
7221 PHOTOGRAPHIC STUDIOS,PORTRAITS EXCLUDE
7230 BEAUTY AND BARBER SHOPS EXCLUDE
7272 ESCORT SERVICES EXCLUDE
7273 DATING AND ESCORT SERVICES EXCLUDE
7276 TAX PREPARATION SERVICE EXCLUDE
7277 COUNSELING SERVICES--DEBT,MARRIAGE,PERSONAL EXCLUDE
7278 BUYING AND SHOPPING SERVICES AND CLUBS EXCLUDE
7280 HOSPITAL PATIENT PERSONAL FUNDS WITHDRAWAL ACCOUNTS EXCLUDE
7295 BABYSITTING SERVICES EXCLUDE
7297 MASSAGE PARLORS EXCLUDE
7298 HEALTH AND BEAUTY SPAS EXCLUDE
7299 MISCELLANEOUS PERSONAL SERVICES--NOT ELSEWHERE CLASSIFIED EXCLUDE
7341 WINDOW CLEANING SERVICES EXCLUDE
7342 EXTERMINATING AND DISINFECTING SERVICES EXCLUDE
7361 EMPLOYMENT AGENCIES AND TEMPORARY HELP SERVICES EXCLUDE
7399 BUSINESS SERVICES NOT ELSEWHERE CLASSIFIED EXCLUDE
7511 TRUCK STOPS EXCLUDE
7519 MOTOR HOME AND RECREATIONAL VEHICLE RENTAL EXCLUDE
7911 DANCE HALLS,STUDIOS,AND SCHOOLS EXCLUDE
7922 THEATRICAL PRODUCERS (EXCEPT MOTION PICTURES), TICKE EXCLUDE
7929 BANDS,ORCHESTRAS,ENTERT AINERS EXCLUDE
7932 BilLIARD AND POOL ESTABLISHMENTS EXCLUDE
7941 COMMERCIAL SPORTS, PRO SPTS CLBS,ATH FLDS,AND SPT S PRO EXCLUDE
7992 PUBLIC GOLF COURSES EXCLUDE
7994 VIDEO GAME ARCADES AND ESTABLISHMENTS EXCLUDE
7995 BETTING EXCLUDE
7996 AMUSEMENT PRKS,CIRCUSES,CARNIVLS,AND FORTUNE TELLERS EXCLUDE
7997 MEMBERSHIP CLUBS,(SPORTS.RECREA TION,A THLETIC) EXCLUDE
8351 CHILD CARE SERVICES EXCLUDE
8398 CHARITABLE AND SOCIAL SERVICE ORGANIZATIONS EXCLUDE
8641 CIVIC,SOCIAL AND FRATERNAL ASSOCIATIONS EXCLUDE
8651 POLITICAL ORGANIZATIONS EXCLUDE
8661 RELIGIOUS ORGANIZATIONS EXCLUDE
8675 AUTOMOBILE ASSOCIATIONS EXCLUDE
8911 ARCHITECTURAL,ENGINEERING,AND SURVEYING SERVICES EXCLUDE
8931 ACCOUNTING,AUDITING AND BOOKKEEPING SERVICES EXCLUDE
9211 COURT COST INCLUDING ALIMONY AND CHILD SUPPORT EXCLUDE
9222 FINES EXCLUDE
9223 BAIL AND BOND PAYMENTS EXCLUDE
9311 TAX PAYMENTS EXCLUDE
9411 GOVERNMENT LOAN PAYMENTS EXCLUDE
9700 AUTOMATED REFERRAL SERVICE EXCLUDE
9701 VISA CREDENTIAL SERVER EXCLUDE
8171061nelL
8/21/06 Ine
Agenda Item NO.1 OB
November 14, 2006
Page 17 of 17
9702 GCAS EMERGENCY SERVICES EXCLUDE
9751 U.K. SUPERMARKETS, ELECTRONIC HOT FILE EXCLUDE
9752 U,K. PETROL STATIONS, ELECTRONIC HOT FILE EXCLUDE
9950 INTRA-COMPANY PURCHASES EXCLUDE
.
Agenda Item No. 10C
November 14, 2006
Page 1 of 36
/~-
EXECUTIVE SUMMARY
Recommendation to approve Collier Countyts 2007 State Legislative Priorities and
direct the County Manager to provide them to the countyts state lobbyist.
OBJECTIVE: To approve Collier County's 2007 State Legislative Priorities and direct
the County Manager to provide them to our state lobbyist .J. Keith Arnold and Associates
who will represent the county's interests in Tallahassee during the upcoming 2007
Legislative Session.
CONSIDERATION: To develop Collier County government's legislative platform, the
Board of County Commissioners held a Pre-2007 Legislative Session Workshop with the
Collier County Legislative Delegation on November 8, 2006, at which time a list of the
proposed 2007 State Legislative Priorities was reviewed and discussed.
The below list is tentative and subject to change as a result of the November 8, 2006
workshop.
CoOier Countv's 2007 Stote Lel!islative Priorities:
-
. Growth Management Glitch Bill (SB 360)
. Water Bill
. Insurance
. Affordable Housing
. Attorney/Court Fees
. Portability of Homestead Property Assessments (Collier
County opposed)
. Partial-Year Assessments
. Transportation funding tied to seat belt use
. 311 funding
. Cameras at intersections to catch red-light runners
. Oppose any attempt to change impact fees
. Requesting Change in Florida Statutes to Elect Rather than
Appoint Florida Water Management District Governing
Board Members
. Amend House Bill 7079 to give all counties the latitude to
exempt only portions of their county with unpaved roads
from all-terrain vehicle (A TV) use
. Address issues of concern in Consultants Competitive
Negotiation Act
-
Agenda Item NO.1 OC
November 14, 2006
Page 2 of 36
Upon approval by the Board, Commission Chairman Halas will present Collier County's
2007 State Legislative Priorities to the Collier County Legislative Delegation on
Tuesday, December 19 beginning at 2 p.m. at the Naples City Council Chambers.
In addition, the county and city managers/administrators of the Southwest Florida
Consortium comprised of Collier, Lee, Saraso~ Charlotte, Glades and Hendry counties
are meeting to discuss their combined 2007 State Legislative Priorities on Thursday,
November 16, 2006 in Lee County.
FISCAL IMP ACT: There is no fiscal impact associated with this executive summary.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
RECOMMENDATION: That the Board of County Commissioners approves Collier
County's 2007 State Legislative Priorities and directs the County Manager to provide
them to our state lobbyist J. Keith Arnold and Associates who will represent the county's
interests in Tallahassee during the upcoming 2007 Legislative Session.
Prepared by Debbie Wight, Assistant to the County Manager
Agenda Item NO.1 OC
November 14,2006
Page 3 of 36
Collier County'S 2007 State
J&gislative Priorities:
Growth Manaaement Glitch Bill (5B 3601
In 2005, the Florida Legislature passed legislation changing Florida's and the
counties' approach to growth management and concurrency management for the
construction of schools, infrastructure and water resources. This year (2006
Session) saw attempts to correct what has been termed as glitches in last year's
Senate Bill 360.
House Bill 7253 and House Bill 7167 authored by the House Growth
Management Committee were two vehicles that were to be used to address
growth management issues this year. The House made repeated attempts to
pass this legislation; however, the Senate position was to not make any
significant changes to SB 360 until the state had an opportunity to see how the
law would work as previously passed. These bills died on the calendar.
HB 905 Transportation Concurrency, which was supported by the county, died by
procedural rule last session and was not heard on the floor.
The Collier County glitch bill received tremendous resistance from the State
Department of Community Affairs (DCA). The DCA expressed only minor
concerns early with HB 905 and SB 1862, but during the closing days of the 2006
Legislative Session, put up considerable resistance to the language in HB 905
and this contributed largely to the bills being held up in their final committees of
reference.
Collier County will continue to monitor closely developments regarding growth
management and concurrency issues.
1
Agenda Item No. 10C
November 14,2006
Page 4 of 36
Water Bill
Collier County will continue to monitor developments regarding water issues and
any other public utilities-related issues.
Insurance
The 2006 State Legislature partially addressed the property insurance crisis in
Florida. However, the issue remains a hot button topic for 2007 and the pending
November elections. The issue will be the subject of a very likely special session
later this fall. Citizens have voiced outrage over the ever increasing property
insurance premiums and cancellations in the Sunshine State.
Under the agreed to plan last session, rate setting for all Citizens policies based
on the same 100-year storm cycle used by nearly the entire private insurance
industry, will be phased in over several years to help offset the anticipated 45
percent rate hike in premiums.
Owners of second or vacation homes, as well as owners of $1 million homes that
must rely on Citizens, the state-backed insurer, will face a surcharge on annual
Citizens premiums but also higher assessments when the company faces a
deficit.
The $715 million will reduce Citizens' deficit from the 2005 hurricanes to roughly
$1 billion, an amount that will be assessed on all Florida property insurance
policy holders. But homeowners won't face that full assessment on their 2007
insurance bill. Under the bill, the $1 billion assessment would be spread over the
next 10 years.
PROPERTY & CASUALTY INSURANCE REFORM COMMITTEE
PRELIMINARY RECOMMENDATIONS
(As of October 18, 2006)
Florida Hurricane Catastrophe Fund (FHCF)
The following recommendations were adopted:
1. The Committee should keep the current retention level but consider offering
coverage below the retention level/attachment point (first layer of coverage) on a
voluntary basis to all admitted companies participating in the CAT Fund.
2. Any change should only be temporary/short-term.
3. The rate for the temporary, below the current retention level, CAT Fund
coverage should be increased to a "near market rate."
4. Encourage the federal government to create a CAT Fund to deal with high-
level catastrophic events.
2
Agenda Item No. 10C
November 14,2006
Page 5 of 36
Mitigation/Premium Discounts
The following recommendations were adopted:
1. Maintain and expand the commitment to the Mitigation Program being
administered by the Department of Financial Services. Also, state funds need to
be leveraged to their maximum amount.
2. The modeling firms (RMS, AIR, ARA, EQE and FlU) need to recalibrate their
models to take into account the results of mitigation in Florida.
3. Uniform inspection forms need to be developed for all insurance companies.
4. Where feasible, standardized or uniform credits with smaller ranges should be
developed while allowing market competition in the credit process.
5. There is a need for more consumer information as to types of specific
mitigation and the resulting potential credits on policy issuance and renewals.
6. A measurement methodology should be developed to judge the program's
effectiveness and its effect on the market. Example: Will additional mitigation of
homes increase capacity in the market? What is the performance of homes after
a hurricane for retrofitted homes?
7. The mindset of mitigation needs to have a "human cost savings component
and physical home cost savings." Also, the effect of the avoidance of deductible
losses on insureds should be considered for those who performed mitigation on
their residence.
8. There needs to be "actuarial soundness" in base rates and premium discounts
granted for insureds that complete mitigation techniques.
9. There needs to be state-funded research concerning mitigation of commercial
structures and whether strengthening the state's building code for commercial
structures should be considered.
10. Whether or not additional state funding for new mitigation grants occurs, the
creation of a not-for-profit corporation should be considered to raise funds from
the private sector for additional mitigation grants.
11. A statewide building code should be in place that requires American Society
of Civil Engineers wind lines to be adopted and then any future changes to the
statewide code could only be to strengthen the code.
Citizens Property Insurance Corporation
The following recommendations were adopted:
3
Agenda Item NO.1 OC
November 14,2006
Page 6 of 36
1. Require 01 R to set rates for Citizens on a quarterly basis, based on the
highest rate approved for the voluntary market, thus eliminating the need, cost
and time delay of rate filings.
2. Earmark a portion of future mitigation funding to be used for Citizens
policyholders.
3. Allow Citizens to write the full policy. Therefore, do away with the wind
boundaries and the distinction of wind and ex-wind policies in the wind
boundaries.
4. Require Citizens policyholders to upgrade their homes to meet the statewide
building code over some period of time or risk higher hurricane deductibles
applicable to their policies. Or alternatively, permit Citizens to surcharge
properties until they are retrofitted to meet building code requirements.
* Please also note Commissioner Fred Coyle's comments as separate email
attachment.
Affordable Housinq
We support retaining the full amount of dedicated documentary tax revenues
toward state and local affordable housing programs.
Last session under the leadership of Rep. Mike Davis, the Legislature approved
a $514 million affordable housing package that includes $243 million in recurring
revenue. It creates a $50 million program to provide housing to critical public
servants in high-cost areas of the state. Also included is a one-time award of $93
million in hurricane-related rental assistance and technical support and $15
million for farm worker housing.
The plan also earmarks $30 million to assist residents making less than 30
percent of local median income, and also added a $250 million program to
hurricane-proof mobile and older homes, bringing the total package to more than
$770 million.
For 2007, there will likely be an effort to remove the cap on the Sardowski Funds
for use on affordable housing purposes.
Attornev/Court Fees
This issue involves a county being charged exorbitant attorney's fees in eminent
domain cases that are not proportionate to the services provided. County
Manager Jim Mudd brought up the issue at a County Manager Round Table
4
Agenda Item NO.1 OC
November 14, 2006
Page 7 of 36
meeting at the FAC Conference at the Marco Marriott in June 2006 and received
a great deal of support. Commissioners Frank Halas and Jim Coletta received
positive reception too from fellow Commissioners of other counties - inland and
coastal- when the issue was addressed at the FAC Policy Committee Meetings
in Clearwater Beach September 27-29,2006. FAC agreed to share Collier
County's proposed language.
* Please see Collier County's proposed language regarding Attorney/Court
Fees as separate attachment.
Portability of Homestead Property Assessments (Collier
County oIDlosedl
Proposed portability homestead exemption legislation means a domiciled Florida
resident can take the benefits of his homestead exemption and transfer to a new
domiciled residence in the State of Florida. This law can have adverse impacts
on counties as far as true market value where the new residents purchase
property. We oppose revisions to the homestead exemption that diminish the
fiscal capacity of Florida's counties or that substantially shift the burden of the
property tax. This relates to referring any proposals to revise the homestead
exemption to the Century Commission and the Taxation and Budget Reform
Commission to ensure the proposals receive sufficient study and deliberation in
order to ascertain the full impacts to the equity, fairness and revenue-raising
ability of the ad valorem tax.
The Florida Association of Counties (FAC) has proposed the following policy
guidelines regarding homestead portability.
F AC should consider the following criteria:
a. Within same county only
1. With local option reciprocity where counties could agree to
accept homestead differentials from another county
b. Not restricted to only those homesteaders downsizing
c. One-time-only portability
Partial-Year Assessments
Currently real estate in Collier County is assessed annually on January 1. This
means if you purchase your property after January 1 and make improvements
during that year, those improvements are not recognized by the Property
5
Agenda Item NO.1 OC
November 14, 2006
Page 8 of 36
Appraiser until the following year. A more effective way to generate the revenues
necessary to pay for the services provided would be to appraise property as
additions or newly-constructed homes are completed. Revenues generated from
a partial-year assessment plan if implemented are estimated between $2 and $3
million.
Transportation fundin" tied to seat belt use
Federal legislation was passed providing incentive dollars to states which have
primary enforcement law. Currently we have secondary enforcement law -
persons under the age of 18 can be pulled over if they do not have on a seat belt.
HB 97 Doris Slosberg Safety Belt Law was introduced last session, which makes
seatbelt usage a mandatory action in the State of Florida. The bill would have
drawn down additional federal highway funds to the state. However, the bill died
in committee.
311 fundinq
HB 661 passed the 2006 Legislature, but was ultimately vetoed by Governor
Bush. The bill established a matching grant program within the Department of
Community Affairs to assist local governments in the implementation and
operation of "311 non-emergency and other government services telephone
systems." The bill specified certain application criteria, established an
administrative process, required a $1 for $1 local match, and authorized the
department to adopt rules to administer the program. Funding to support the
matching grant program was contingent upon an appropriation in law or upon
receipt of funds from private sources.
Cameras at intersections to catch red-liqht runners
The Mark Wandall Safety Act was introduced last session but died in the first
committee of reference. The bill provided for counties or municipalities to
enforce traffic control signal steady red light indication using traffic control
photographic system. The bill provided system capability, design, and
implementation requirements, and citation of the motor vehicle owner.
QQpose any attempt to chan"e impact fees
The passage of SB 360 in 2005 mandated the creation of the Impact Fee Task
Force, the mission of which was to study the statewide use of impact fees and
6
Agenda Item NO.1 OC
November 14,2006
Page 9 of 36
make recommendations to the 2006 Legislature. The Task Force compiled a
series of recommendations that were presented to the Legislature. The most
benign of the Task Force's recommendations were amended onto SB 1194 last
year. The bill guarantees counties an independent ability to levy impact fees.
Attempts were made during the 2006 session to alter the legislation in a manner
that would negatively impact Collier and other counties that utilize impact fees. It
is possible that efforts to negatively affect impact fees will be introduced in the
2007 Legislative Session.
Collier County will continue to monitor impact fee developments closely.
ReauestinQ ChanQe in Florida Statutes to Elect Rather
than Ae.point Florida Water ManaQement District
GoverninQ Board Members
HB 559 was introduced last session eliminating provisions for appointment of
members to water management district governing boards and requiring board
members to be elected. The bill also directed the governing board of each district
to create residence areas of equal population within district for purpose of
electing members. The legislation failed to pass.
Collier County has passed a resolution to support the amending of state statutes
for the election rather than the appointment of the five (5) water district's
governing boards.
* Please see letter from the Board of County Commissioners as well as
attached Resolution to the Florida Association of Counties requesting
support for this initiative as separate attachment.
Amend House Bill 7079 to Qive all counties the latitude
to exempt onlv portions of their county with unpaved
roads from all-terrain vehicle CATV) use
Amend 316.2321 to give counties the latitude to exempt only portions of their
county with unpaved roads from all-terrain vehicle (A TV) use. The current
legislation HB 7079 passed last session applies to the whole county or nothing in
exempting A TV usage on unpaved roads.
* Please see Collier County Position Paper on A TV issue as separate
attachment.
7
Agenda Item NO.1 OC
November 14, 2006
Page 10 of 36
Address Issues of concern in Consultants Competitive
~otiation Act
The Purchasing Department and the Office of the County Attorney have been
receiving an intermittent stream of complaints regarding our interpretation and
application of the consultant acquisition processes under Section 287.055, F.S.,
otherwise known as the Consultants Competitive Negotiation Act (CCNA).
Purchasing Director Steve Carnell has researched the issue and his position
summary and proposed alternatives are provided. In addition, he recently shared
his idea of amending the Florida Statute at the Florida Association of Public
Purchasing Officers Annual Fall Conference and received widespread support
and interest in his proposed changes to the CCNA. Since then, he has received
emails from five (5) counties confirming their support.
* Please see additional information regarding the Consultants Competitive
Negotiations Act as separate attachment.
frQpertv Tax Interim Study and WorkQ!.Q.!![!
HB 7019 (ch. 2006-311, Laws of Florida) directs the Department of Revenue to
conduct a study of the state's property tax structure to analyze the impact of the
current homestead exemptions and homestead assessment limitations on
different types of property. It also directs the Office of Economic and
Demographic Research to prepare a report summarizing that study and providing
findings and policy options that may be available to the state.
Executive Order 06-141, issued June 21, 2006, creates the Property Tax Reform
Committee, which is directed to discuss property tax issues and make
recommendations to the Governor, Senate President, and Speaker of the House
of Representatives on how to improve property taxation. It is particularly directed
to recommend proposed legislation or constitutional amendments. The criteria for
these recommendations are similar to those provided in HB 7019.
This project will monitor the preparation of this study and report to ensure that
they will satisfy the requirements of the legislation and meet the needs of the
Legislature in preparing and evaluating potential property tax legislation. It will
also monitor the Property Tax Reform Committee.
8
Agenda Item No.1 OC
November 14, 2006
Page 11 of 36
The Property Tax Reform committee has released preliminary research
demonstrating Florida's Overall Tax Burden Compares Favorably with other
states. Findings state:
· Florida's state and local tax burden is well below the U.S. average (per capita or
as a percent of personal income).
· Southeastern states as a group tend to have tax burdens below the U.S.
average.
· Florida compares favorably with other southeastern states, especially when tax
burden is measured as a percent of personal income.
· Florida's burden has risen slightly in recent years.
Although the data suggests Florida's Direct Taxation of Business is Relatively
High:
· Among all the states, Florida has the 15th highest "effective business tax rate."
· Among the 12 southeastern states, Florida has the fifth highest effective rate.
Lastly, at the October 17 meeting, staff presented these preliminary findings:
Florida's Business Tax Climate is the Fifth Best in the Nation.
· Florida also compares very favorably to other southeastern states.
· Factors contributing to Florida's high ranking include:
- No personal income tax,
- Relatively low unemployment insurance tax rates and simple tax base,
- Relatively low corporate income tax rates and simple structure, and
· Florida's Property Tax ranking is below average at 31 s1.
FAC Proposed Policies on Property Tax Reform
When recommending modifications to the property tax base, counties should
consider avoiding solutions that have substantial impacts to the existing tax base
in favor of proposals that would impact future growth.
. Solutions should be considered to address the following property owners:
a. Businesses and other non-homestead properties that are subject to
market based assessment increases.
b. First time homebuyers
c. Renters and Owners of Affordable Housing
d. Empty Nesters seeking to downsize
e. Owners of homestead properties seeking to move
. In crafting solutions, the following challenges should be considered:
9
Agenda Item NO.1 OC
November 14,2006
Page 12 of 36
a. Developing a modification of the tax structure that will rebalance the
property tax system for all property owners.
b. Recognizing that, for the most part, homestead owner equals voter and
any solution must be voted on statewide as a constitutional amendment.
c. Avoiding a solution that will only address the issues affecting the current
homesteader as so doing may preclude any ability to address the broader
issues.
* Please see FAC transmittal of Oct. 9, 2006 regarding the properly
tax discussion and direction, and an accompanying spreadsheet
indicating the impact on each county's taxable value and revenue
capacity resulting from an increase of the homestead exemption by
$25,000, as separate attachments.
10
Agenda Item No. 10e
November 14, 2006
Page 13 of 36
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10C
Meeting Date:
Recommendation to approve Collier County's 2007 State LegiSlative Priorities and direct the
County Manager to provide them to the county's state lobbyist jDebble Wight, Assistant to
the County Manager)
11/14/20069.00.00 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/612006 1 :18 PM
Agenda Item NO.1 DC
~-Jovember 14, 2006
Page 14 of 36
brock m
-
From:
Sent:
To:
Cc:
Subject:
wight_d
Monday, November 06, 2006 12:20 PM
brock_m
muddj
FW: Insurance Rates in Collier County
Importance:
High
From:
Sent:
To:
Cc:
Subject:
Coy\eFred
Thursday, November 02, 2006 5:28 PM
mucld..,j
HalasFrank; CoIettaJim; henninq.J; fiala_d
Insurance Rates in Collier County
Jim Mudd,
Thanks for the infonnation concerning insurance rates that we will be discussing at the Pre-Legislative workshop on
November 8. It appears that most of the efforts at the State level have been oriented to "mitigation". I presume this
means making structures more hurricane resistant While this is an important issue for many Counties, I do not feel it
addresses the needs of Collier County home and business owners. Much of the construction in Collier County is relatively
new and was done in accordance with the new hurricane codes.
The problem in Collier County is that residents and business owners have been hit with huge premium increases coupled
with large increases in deductibles. I doubt that many citizens who sustained damage to their homes or businesses during
hurricane Wilma got much of an insurance settlement because of high deductibles. Thus, insurance companies reduced
their expenses by increasing deductibles and increased revenue by raising rates.
For decades our political leaders in Tallahassee have been trying to "fix" the insurance problem in Florida. They have only
been successful in creating an exhorbitantly expensive alternative supported by public dollars. This is not the answer. We
must closely examine the way insurance companies operate in Florida. How many premium dollars have Florida residents
and businesses paid over the past 40 years? How much of that money has been paid out in claims in Florida? Are
insurance companies using organizational schemes to show losses in Florida while they reap huge profits elsewhere? Are
hazard risks really spread nationwide or are they regionalized? With sound, hurricane resistant structures in Collier
County, why do our residents and business owners have to pay such high premiums for wind damage? Few structures
have experienced total losses due to wind. Can our citizens insure their structures for only a fraction of the total insurable
value, thereby reducing rates?
These are some of the questions that need to be addressed as our State Legislators search for an acceptable solution to
this problem. As you know, I will be unable to attend the Workshop, but I hope you and the staff will explore these
questions with the participants.
Fred Coyle
1
Agenda Item NO.1 OC
November 14,2006
Page 15 of 36
Fla. Stat. Ch. 73.092 - Attorney's Fees
(1) Except as otherwise provided in this section and s. 73.015, the court, in eminent
domain proceedings, shall award attorney's fees based solely on the benefits achieved for the
client.
(a) As used in this section, the term "benefits" means the difference, exclusive of
interest, between the final judgment or settlement and the last written offer made by the
condemning authority before the defendant hires an attorney. I f no written offer is made by the
condemning authority before the defendant hires an attorney, benefits must be measured from the
first written offer after the attorney is hired.
1. In detern1ining attorney's fees. if business records as defined in s. 73.015(2)(c)2.
and kept by the owner in the ordinary course of business were provided to the condemning
authority to substantiate the business damage offer in s. 73.015(2)(c), benefits for amounts
awarded for business damages must be based on the difference between the final judgment or
settlement and the written counteroffer made by the condemning authority provided in s.
73.0l5(2)(d).
2. In detern1ining attorney's fees, if existing business records as defined in s.
73.0 l5(2)( c )2. and kept by the owner in the ordinary course of business were not provided to the
condemning authority to substantiate the business damage offer in s. 73.015(2)(c) and those
records which were not provided are latcr dcemed matcrial to the detennination of business
damages, benefits for amounts awarded for business damages must be based upon the difference
between the final judgment or settlement and the first written counteroffer made by the
condemning authority within 90 days from the condemning authority's receipt of the business
records previously not provided.
(b) The comi may also consider nonmonctary benefits obtained for the client through
the effOlis of the attorney, to the extent such nomnonetary benefits are specifically identified by
the court and can, within a reasonable degree of certainty, be quantified.
(c) Attorney's fees based on benefits achieved shall be awarded in accordance with
the following schedule:
1. Thirty-three percent of any benefit up to $250,000; plus
Agenda Item NO.1 OC
November 14, 2006
Page 16 of 36
2. 10% Tv,'enty fivc perccnt of any portion of the benefit bct',','oen over $250,000.
and $1 million; plus
3. T\venty percent of uny portion of the benefit exceeding $ I million.
(2) In assessing attorney's fees incUlTed in defeating an order of taking, or for
apportionment, or other supplemental proceedings, when not otherwise provided for, the court
shall consider:
(a) The novelty, difficulty, and impOliance of the questions involved.
(b) The skill employed by the attorney in conducting the cause.
(c) The amount of money involved.
(d) The responsibility incurred and fulfilled by the attorney.
(e) The attorney's time and labor reasonably required adequately to represent the
client in relation to the benefits resulting to the client.
(f) The fee, or rate of fee, customarily charged for legal services of a comparable or
similar nature.
(g) Any attorney's fee award made under subsection (I).
(3) In determining the amount of attorney's fees to be paid by the petitioner under
subsection (2), the court shall be guided by the fees the defendant would ordinarily be expected
to pay for these services if the petitioner were not responsible lor the payment of those fees.
(4) At least 30 days prior to a hearing to assess attorney's fees under subsection (2),
the condemnee's attorney shall submit to the condemning authority and to the comi complete
time records and a detailed statement of services rendered by date, nature of services perfonued,
time spent perfornling such services, and costs incuned.
(5) The defendant shall provide to the cOUli a copy of any fee agreement that may
exist between the defendant and his or her attorney, and the cOUli must reduce the amount of
attomey's fees to be paid by the defendant by the amount of any attorney's fees a\varded by the
court.
Agenda Item NO.1 OC
November 14, 2006
Page 17 of 36
Statute Challlze to Section 73.092
Collier County files a large number of eminent domain lawsuits to acquire real property tor road
projects. Collier County is an area of rapidly rising real estate values. It is not unusual for real
property values to escalate 30% or more in a year. Section 73.0 l5, Fla. Stat., addressing presuit
negotiations requires the condemning authority to provide a written offer of compensation to the
fee owner and wait 30 days after receipt of notice before the condemning authority can file a suit
in condemnation. As a result, there is often a period of five to six months between the date the
offer is made and the deposit is received in the court registry. This lengthy process, combined
with the rapid escalation in real estate values, creates a benefit for which attorney's fees are paid
upon settlement or jury verdict before an attorney even begins work in this eminent domain suit.
The payment of attorney's fees is not proportionate to the services provided.
A more reasonable statutory scheme to provide for the statutorily recognized "benefit" for which
attorneys are compensated is suggested as follows: allow for the current 33% attorney
compensation for "benefit" on the first $250,000 to remain as provided by statute, but modify the
CUlTent statute to provide for a 10% attorney compensation benefit rate for "benefits" achieved
for the real property owner for all amounts above $250,000. This statutory scheme will reduce
the windfall that many attorneys are receiving, and better achieve propOliionality to the benefits
payment scheme.
By comparison, Article 1, Section 26 of the Florida Constitution entitled Claimant's Right to
Fair Compensation pel1aining to medical disability claims involving a contingency fee, allows
an attorney to receive a contingency fee of 30% of the first $250,000 and 10% of awarded
amounts over $250,000 in medical malpractice cases. This constitutional provision could work
a more reasonable attorney benefits payment methodology if also applied in the eminent domain
sector.
Agenda Item NO.1 OC
November 14, 2006
Page 18 of 36
POSITION PAPER IN SUPPORT OF AMENDING FLORIDA
STATUTES TO GIVE COUNTIES ABILITY TO EXEMPT PORTIONS
OF UNPAVED ROAD AREAS FROM A TV USE
Existing Legislation:
House Bill 7079 includes
316.2123 Operation of an A TV on Certain Roadways
(1) The operation of an ATV, as defined in s. 317.0003, upon the public roads
or streets of this state is prohibited, except that an A TV may be operated during
the daytime on an unpaved roadway where the posted speed limit is less than 35
miles per hour by a licensed driver or by a minor under the supervision of a
licensed driver. The operator must provide proof of ownership pursuant to
chapter 317 upon request by a law enforcement officer.
(2) A county is exempt from this section if the governing body of the county, by
majority vote, following a noticed public hearing, votes to exempt the county
from this section.
History.us. 14, ch. 2006-290.
Objective: To seek an amendment of the Florida Statutes to enable all counties
in the State of Florida to have the latitude to exempt only portions of their
respective county with unpaved roads from all-terrain vehicle (A TV) usage. The
current legislation is interpreted by the Collier County Attorney's Office as
applying to the entire county only.
1. Background
The Board of County Commissioners (BeC) of Collier County directed the
Collier County Manager at the conclusion of the regular meeting on
September 13, 2006 to publicly notice a hearing for the September 26, 2006
Board meeting to consider whether the county should exercise its right to
Agenda Item No. 10C
November 14, 2006
Page 19 of 36
exempt itself from Florida Statute 316.2123. The county may elect to
exempt itself from the provisions of Florida Statute 316.2123 by a majority
vote, following a noticed hearing. Both were executed and accomplished.
The BCC at the regular meeting held September 26, 2006, voted
unanimously (5/0) to exempt Collier County from Florida Statute 316.2123,
which took effect October 1, 2006, and generally permits the operation of
A TV's on unpaved public roads under specified conditions and restrictions.
The BCC also adopted with a unanimous vote of 5/0 Resolution 2006-
256A as prepared by the Collier County Attorney's Office.
II. Reason for Advocating Amending Florida Statute 316.2123
Collier Commissioners in deliberating the A TV issue and the ramifications
of HB 7079 in Collier County decided the main focus is a public health
and safety issue. While it is important to designate areas of recreation for
A TV users, their most critical concern was limiting exposure of
neighborhoods, families and children to A TV traffic in residential areas
with unpaved roads. There were many other non-residential areas with
unpaved roads that would be ideal for ATV use in Collier County. The
Collier Commission supports limiting the impacts of the legislation -
rather than eliminating it in its entirety - to a smaller portion of our
geographic area.
III. Recommendation
To seek an amendment of Florida Statute 163.2123 to give all counties in the
State of Florida the latitude to exempt only portions of their county with
unpaved roads from all-terrain vehicle (A TV) usage. The current legislation as
written apples to the entire county.
2
Agenda Item NO.1 OC
November 14, 2006
Page 20 of 36
CCNAISSUES
CURRENT SITUA TlON: The Purchasing Department and the Office of the County
Attorney have been receiving an intermittent stream of complaints regarding our
interpretation and application of the consultant acquisition processes under Section
287.055, F.S., otherwise known as "The Consultants Competitive Negotiation Act".
These complaints have been received specifically with regard to the procurement of
fixed term consulting services agreements and construction engineering inspection
services agreements respectively. These complaints have been mostly in the form of
written letters and they have been raised under two formal protests as well. Almost all of
the letters have come from one local engineering firm and two professional associations.
It is our understanding that the local firm is a member of both groups.
SUMMARY OF THE CCNA PROCUREMENT PROCESS: The law governs how local
and state agencies procure the services of professional engineers, architects, landscape
architects, surveyors and mappers. It includes professional services associated with
construction projects and/or "study activities".
"Competitive Selection" and "Competitive Negotiation" are distinct steps under the
process. The Selection step directs that firms are to compete on the basis of
qualifications and that the agency is to rank the firms in order of qualifications based on
pre-established evaluation criteria. Agencies are prohibited from considering
compensation proposals prior to completing the selection process (i.e.; after a shortlist of
not less than three firms has been established). The law does not specifically address
selection scenarios where more than one firm is being awarded a contract.
SUMMARY OF ALLlEGA TlONS RAISED AND OUR REPL Y:
1. Collier County's fixed term contracting process violates the law because fee
schedules are allegedly being created prematurely and competing firms are being
forced to "bid" against one another.
In most instances with fixed term agreements, the staff selection committee will
select multiple firms. After the committee selections are made, the Purchasing
Department initiates contract negotiations with the selected firms by sending each a
letter requesting their current fee schedule for the services covered under the
agreement. Staff compiles the responses received from each firm and creates a
"composite" or "common" fee schedule. The common schedule is not based on strict
mathematical averages, but rather on a good faith evaluation of the various rate
categories and values. Each firm then receives a draft agreement with the common
fee schedule and is given the opportunity to request a face to face meeting with the
staff to discuss the contract terms (including fees) and conditions. Rarely have firms
taken us up on our offer for these negotiations.
The Office of County Attorney believes that this procedure is lawful because the
expressed requirements of the CeNA have been satisfied for both the selection and
negotiation steps respectively and because there is no expressed prohibition in the
statute against this practice. Additionally, purchasing staff holds that the concept of a
common fee schedule better fits the spirit of the law because price becomes virtually
moot when assigning work orders among the awarded firms.
Agenda Item NO.1 OC
November 14, 2006
Page 21 of 36
2. Collier County's Invitation to Qualify (ITQ)/Invitation to Negotiate (ITN) process
violates the law as the County is negotiating with firms prior to making a selection.
To date, Collier County has used the ITQ/ITN method only for the acquisition of
construction engineering inspection services for road construction projects. Under
this process, the County pre-qualifies a group of firms under an ITQ solicitation on a
project by project basis well in advance of the need for services. Shortly before
construction services are to commence on a project, purchasing staff will issue an
ITN to the pre-qualified firms.
While the law prohibits the consideration of fee proposals prior to entering the
Competitive Negotiations step, it allows agencies to consider the "willingness (of a
firm) to meet time and budget requirements" as a factor in selection. Under this
authority, the ITN asks the firms for (among other things) their anticipated resource
requirements for the project. A selection committee evaluates the ITN proposals
based on a myriad of factors that includes each firm's stated resource estimates. The
committee selects the most qualified firm and negotiations commence with the
selected firm.
The Office of the County Attorney believes that this process is permissible because
the "willingness to meet time and budget requirements" criterion is part of the
selection process. To further clarify this position, staff has modified the resource
estimation requirements to exclude hourly rates or any other dollar values associated
with each resource category. Instead, firms are asked to identify each category and
the estimated # of units (typically man-hours) required to complete each task.
OPTIONS MOVNING FORWARD:
A. Maintain status quo and continue to address issues on a case-by-case basis as they
are raised.
B. Seek to amend current law to add language that clearly sanctions the use of fixed
term, work-order based contracts using multi-firm selection and negotiation
processes. Under the latter, price is "equalized" among the selected firms so as to
encourage qualified-based selections for job designations on a task by task basis.
This option would address Issue # 1 as cited above.
C. Seek to amend current law to create an alternative two-step selection process that
expressly allows agencies to select one or more firms. Under the first step, firms
would be short-listed based strictly upon general and specific qualifications. Under
the second step, firms would be asked to submit proposals addressing the specific
project, including a proposed fee schedule and resource estimates. This option
would clearly address Issue #2 and could potentially be used to address Issue #1 as
well.
9/25/06
Agenda Item NO.1 DC
November 14, 2006
Page 22 of 36
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November 14,2006
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November 14, 200?
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Agenda Item No. 10C
November 14, 2006
Page 29 of 36
from: wighCd
Sent: Monday, November 06,200612:52 PM
To: brock_m
Cc: muddj
Subject: FW: Summary of Property Tax Discussion & Direction
Importance: High
Attachments: Double Homestead Impact 2006 Print version10906.xls
2007 State Legislative Priorities
From: Anne Carpenter [mailto:ACarpenter@f1-counties.com]
Sent: Monday, October 09,2006 9:44 AM
SUbject: Summary of Property Tax Discussion & Direction
Importance: High
FA~
FLORIDA
.\~"O( L\TIO"\ OF
COUNTIES
AD A.kld Plorid4
SUBAN UTVALA
r' I!L '; l[)l:~iT
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1"'1: r-.I[.E!{T. !::_r;.:"r
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WELTON G. CAowEu.
r~.I"'JID{ ,..J [r.\ST r"P.Glr)i:)!T
L.'.r.r:
CR:IuImPREa L HClUEY
j XE,. 'UT!VJ! [lU:r.CF.:.Il
11/6/2006
MEMORANDUM via email
TO: County Commissioners
County Administrators
County Attorneys
County Lobbyists
FROM: Bob McKee, Fiscal Policy Director
DATE: October 9,2006
RE: Summary of Property Tax Discussion & Direction
At the FAC Policy Meetings Sept. 28-29 in Pinellas County,
there was significant discussion regarding property tax Issues.
Below is a summary of the key points of discussion, along with
the direction that FAC Staff received during the meetings
regarding suggested parameters and principles to use in
developing possible solutions in conjunction with the FAC
Property Tax -Homestead and Save Our Homes Portability
Workgroup. Please em ail any comments on this summary to
Bob McKee at bJl1J*ee@fl-GQ!.Jntie~,-cQrn.
..
Aqenda Item No.1 OC
November 14,2006
Page 30 of 36
1. Generally, FAG should consider opposing expenditure and
revenue caps. FAC staff should still examine revenue and
expenditure caps for possible impacts of various proposals.
In lieu of expenditure or revenue caps, FAG should
consider pursuing recommendations to improve the
Truth in Millage (TRIM) Process and public information
that is available on the local budget process. There was
a specific suggestion to allow counties to separately list
the expenditures associated with each constitutional
officer in the TRIM process
2. When recommending modifications to the property tax base,
FAG should consider avoiding solutions that have substantial
impacts to the existing tax base in favor of proposals that
would impact Mure growth.
3. Solutions should be considered to address the following
property owners:
a. Businesses and other non-homestead properties that
are subject to market based assessment increases.
b. First time homebuyers
c. Renters and Owners of Affordable Housing
d. Empty Nesters seeking to downsize
e. Owners of homestead properties seeking to move
4. In crafting solutions, the following challenges should be
considered:
a. Developing a modification of the tax structure that will
rebalance the property tax system for all property
owners.
b. Recognizing that, for the most part, homestead owner
equals voter and any solution must be voted on
statewide as a constitutional amendment.
c. Avoiding a solution that will only address the issues
affecting the current homesteader as so doing may
preclude any ability to address the broader issues.
5. In looking at Save Our Homes Portability proposals, it was
suggested that FAG should consider the following criteria:
a. Within same county only
1. With local option reciprocity where counties
11/6/2006
Agenda Item No. 10C
November 14, 2006
Page 31 of 36
could agree to accept homestead differentials
from another county
b. Not restricted to only those homesteaders downsizing
c. One time only portability
Additionally, FAC has provided an attached spreadsheet that
estimates tax base and tax dollar impact of increasing the
homestead exemption to $50,000. Please note - tax dollar
impact was estimated using 2005 countywide operating
millages and does not reflect the impact on any other millage
levy.
BMclac
II
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11/6/2006
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Donna Fiala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5 .
e
e
Agenda Item NO.1 DC
November 14, 2006
pag@} .
P/Jow;rdo/~~ ~~ ~~
3301 East Tamiaml Trail' Naples, Florida 34112 - 49n
(239) n4-8097. Fax (239) n4-3602
September 26, 2006
Ms. Susan Latvala, President
Board of Directors
Florida Association of Counties
P.O. Box 549
Tallahassee, Fl. 32302-0549
Re: Request for Support for Amending the Florida Statutes to
Require Election of Florida Water Management District Governing
Board Members Rather than by Governor Appointment
Dear Ms. Latvala:
Our country's founding fathers firmly belieyed that taxation without adequate representation
amounts to tyranny. Yet today, appointed Governing Board mem~ of the five (5) Florida
Water Management Districts directly influence and impact local and regional interests,
including the expenditure of tax dollars assessed against landowners within those districts,
without being elected. I am writing to request your support in advancing legisI8.tive change to
require the Governing Board MemberS of the Florida Water Management Districts be elected
rather than appointed by the Governor.
Elected officials are traditionally more likely to adopt and promote the needs of their
constituents rather than pursuing some individual agenda(s). While appointees may become
bound to a single interest or group over a period of service, elected officials are generally
accountable to a larger diverse constituency. Further, voters apply a necessary pressure on
elected officials to serve community interests and provide answers to difficult questions. As a
result, the wishes of the local communities are better served.
Of course, fmancial accountability is almost always better served through elected
representatives, who must regularly justify their decisions to spend tax dollars before the voters.
If you share this concern and wish to assist in advancing this cause, I urge you to contact your
legislative representatives and/or Commissioner Jim Coletta atthe Collier County Government
Center, 3301 EastTamiami Trail, Naples, Florida 34112. While perhaps a revolution is not'
necessary to correct this injustice, I believe this is a call to action we can all support.
Attachment: Resolution of the Board of County Commissioners of Collier County in Support of
the Amendment of the Florida Statutes to Require Election of the Governing Boards of the
Florida Water Management Districts
. ,
wi
C: Board of County Commissioners, Collier Comity
Chairmen, Board of County Commissioners, Florida's Other 66 Counties
James V. Mudd, Collier County Manager
Michael Pettit. Chief Assistant Collier County Attorney
Scott Teach, Assistant Collier County Attorney
Keith Arnold, J. Keith Arnold- & Associates
Palmer Mason, F AC Legislative Director
Debbie Wight. Assistant to the Collier County Manager
Sandra Lea, Executive Aide to Commissioner Halas
Sue Filson, Executive Manager, BCC Office
.j
.~
Agenda Item No. 10C
November 14, 2006
Page 35 of 36
RESOLUTION NO. 2006 _ 257
A RESOLtn'ION' OF THE BOARD OF COVNTY COMMISSIONERS OF
. COLLIER COUNTY FLORIDA, IN SUPPORT OF THE AMENDMENT OF THE
FLORIDA STATUTES TO REQUIRE ELECTION OF THE GOVERNING
BOARDS OF THE FLORIDA WATER MANAGEMENT DISTRICTS'
Agenda Item NO.1 DC
November 14, 2006
Page 36 of 36
WHEREAS. ~ State is divided into five (:5) Water Management Districta, which
were CRl8tCd to manage and improve water quality, water supply. provide flood control .
and to protect and enhance natural systcm& through land and water management; and
WHEREAS, each Wate( Management District ia a special taxing district
. authorized bylaw to collect ad valorem (property) t:axc~ from landowners located within
their multiple county jurisdictions; and
WHEREAS, CUO'CDt Florida law provides that the Governing Board for the Water
Management Districts consist of members appointed by the Governor who reside in the
respective Districts; and
WHBREAS, those Governing Boerda are delegated with substantial authority to
directly 'Inflcence local and regional Intcrc818 including the expenditure of tax dollars
assesSed against landowners within those districts; and
WHEREAS. the Board of Connty Commissioners after COlUlideration of the above
fl!Cton supports an amendment to the Florida Statutc(s) creating the Florida Water
Management Districts to provide for electing the Governing Boards rather than
appointment of those membcn by the Governor; and
NOW THEREfORE. BE IT RESOLVED BY 1HB BOARD OF COUNTY
COMMISSIONERS OF COlLIER COUNTY, FLORIDA, THAT:
1. The Board hcccby resolves and supports amending the Florida statutes to
require election of the Governing Boards of the Florida Water Management Districts.
second, and majority vote favoring
TInS RESOLUTION is adopted lifter motion.
adopp.~.~s 26* day of September, 2006.
" ..1.I1'lio ..~! "',
:?~,'~ITESr -"'P!f~;.~
'::' DWl~.:w~,Clerk
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.': · ";f{miV:.t~O,(.
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~~~ to f~.arid leplsufficiency:
'. '~'L
. ~,:".~,.""'. ~-
Scott R. TellCb., ASsistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY' <:::::-.> ~
FRANK HALAS, h81
<M-colHI102WO
-~
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"
Agenda Item NO.1 OD
November 14, 2006
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to the Board of County Commissioners to approve selection of
Parsons Brinkerhoff Construction Services, Inc. a Qualified Firm, and award a
Contract under ITN 06-3947 "CEI Services for Collier County Road Projects," for
Project No. 60101 "County Barn Rd. from Rattlesnake Hammock Rd. to Davis
Blvd." in the amount of $2,442,195.
OBJECTIVE: To engage professional Construction, Engineering and Inspection (CEI)
Services from a highly qualified firm for the four-laning of County Barn Rd. from
Rattlesnake Hammock Rd. to Davis Blvd. in a cost effective manner.
CONSIDERATIONS: The County Barn Road widening project will take this two-mile
roadway from two lanes to four lanes and is expected to begin in the spring of 2007 with
completion scheduled in about two years. This two-mile project will include sidewalk,
bike lanes and streetlighting. The project will be landscaped following completion of
construction.
An Invitation to Negotiate (ITN) was issued for the purpose of soliciting professional
CEI services proposals for this project who were prequalified by the Invitation to Qualify
#06-3947.
,.,..-....
The ITN was issued in accordance with Florida Statutes, Section 287.055, "Consultant
Competitive Negotiation Act". Notices of the ITN were distributed to pre-qualified firms
on July 20, 2006.
A Selection Committee meeting was held on September l2, 2006. Following review,
scoring and discussion of the five proposals from the ITN, a consensus of the members of
the Selection Committee selected and ranked the firms. The top three firms selected are:
1. Parsons Brinkerhoff Construction Services, Inc.
2. AIM Engineering & Surveying, Inc.
3. CH2MHill
Staff has successfully completed negotiations with Parsons Brinkerhoff Construction
Services, Inc.
FISCAL IMPACT: Funds in the amount of S 2,442,l95.00 are available in Road
Impact Fees and Gas Taxes Project 60101. Source of funds are Impact Fees and Gas
Taxes.
GROWTH MANAGEMENT IMPACT: This request is consistent with the Collier
County Growth Management Plan.
,,"-".,
Agenda Item NO.1 OD
November 14, 2006
Page 2 of 11
RECOMMENDATION: That the Board of County Commissioners approve the
selection of Parsons Brinkerhoff Construction Services, Inc., for award of this project
contract and authorize the Chairman to sign the standard County Attorney approved
contract.
Prepared by: Kevin H. Dugan, Project Manager, TECM Department
...-",
Item Number:
Item Summary:
Meeting Date:
Agenda Ilern No, 100
November 14, 2006
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10D
Recommendation to approve selection of Parsons BrinkerhoH Construction Services, lnc a
Qualified Firm, and award a Contract under ITN 06-3947 eEl Services for Collier County
Road Projects, for Project No. 60101 County Barn Rd. from Rattlesnake Hammock Rd. to
DaviS Blvd In the amount of $2,442,195. (Norman Feder, Administrator, Transportation
Services)
11114/20069,00:00 AM
Contract Specialist
Date
Approved By
Rhonda Rembert
Administrative Services
Purchasing
10/27/20068:40 AM
Norm E. Feder. AICP
Date
Approved By
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
10/2712006 1: 46 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
10/31/2006 2: 11 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
10/3112006 3:4B PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/31/20065:22 PM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
1111/20069:06 AM
Date
Approved By
Gary Putaansuu
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
11/112006 1 :09 PM
Bonnie Baer
Date
Approved By
Clerk of Courts
Contracts Supervisor
Finance
11/1/2006 2:23 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
1111120063:16 PM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
11121200611 :23 AM
Date
Approved By
Susan Usher
County Manager's Office
Senior MJn<lgementiBudgct Analyst
Office of Management & Budget
11/6,'2006 8:35 AM
Michael Smykawski
Management & Budget Director
Date
App roved By
County Manager's Office
Office of i..1nnagement & Budget
1116120069:27 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1116/20062:41 PM
SCHEDULE B
BASIS OF COMPENSATION
DIRECT LABOR COSTS PLUS REIMBURSABLE EXPENSES
Agenda Item NO.1 00
November 14, 2006
Page 4 of 11
1. MONTHLY STATUS REPORTS
B.1.1 As a condition precedent to payment, CONSULTANT shall submit to OWNER as part of
its monthly invoice, a progress report reflecting the Project construction status, in terms of the
total work effort estimated to be required for the completion of the Basic Services and any then-
authorized Additional Services, as of the last day of the subject monthly billing cycle. Among
other things, the report shall show all Service items and the percentage complete of each item.
B 1.1.1 All monthly status reports and invoices shall be mailed to the attention of: James
Zuver, Engineering Inspector/Project Manager
Transportation Engineering and Construction Management Department
2885 South Horseshoe Drive
Naples, Florida 34104
(239) 774-8192, (239) 659-5771 fax
ja meszuver@colliergov.net
2. COMPENSATION TO CONSULTANT
B.2.1. For the Basic Services provided for in this Agreement, OWNER agrees to make monthly
payments to CONSULTANT based upon CONSULTANT'S Direct Labor Costs and
Reimbursable Expenses in accordance with the terms stated below. Provided, however, in no
event shall such compensation exceed the amounts set forth in the table below.
ITEM TASK NOT TO EXCEED
AMOUNT:
1. Construction Engineering and $ 2,265,195
Inspection Services
2. Testing Services $ 50,000
3. Survey Services $ 36,000
4. Field Office Expenses $ 91.000
TOTAL FEE (Total Items 1-4) $ 2,442,195
B.2.2. Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive)
paid to CONSULTANT'S personnel, with respect to this Project, including all indirect payroll
related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in
the Attachment B to this Schedule
B.
B.2.3. With each monthly Application for Payment, CONSULTANT shall submit detailed time
records, and any other documentation reasonably required by OWNER, regarding
CONSULTANT'S Direct Labor Costs incurred at the time of billing, to be reviewed and approved
by OWNER.
B.2.4 For Additional Services provided pursuant to Article 2 of the Agreement, OWNER agrees
to pay CONSULTANT a negotiated total fee and Reimbursable Expenses based on the services
to be provided. The negotiated fee shall be based upon the rates specified in Attachment B to
this Schedule B and all Reimbursable Expenses shall comply with the provisions of Section
3.5.1 below. There shall be no overtime pay on Basic Services or Additional Services without
OWNER'S prior written approval.
TPA#1953637.9 PSA B-1
Agenda Item No. 100
November 14,2006
Page 5 of 11
B.2.5. The compensation provided for under Sections 2.1 of this Schedule B, shall be the total
and complete amount payable to CONSULTANT for the Basic Services to be performed under
the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies
and out-of-pocket expenses incurred in the performance of all such services.
B.2.6 Notwithstanding anything in this Agreement to the contrary, CONSULTANT
acknowledges and agrees that in the event of a dispute concerning payments for Services
performed under this Agreement, CONSULTANT shall continue to perform the Services
required of it under this Agreement, as directed by OWNER, pending resolution of the dispute
provided that OWNER continues to pay to CONSULTANT all amounts that OWNER does not
dispute are due and payable.
3. SCHEDULE OF PAYMENTS:
B.3.1. CONSULTANT shall submit, with each of the monthly status reports provided for under
Section 1.1 of this Schedule B, an invoice for fees earned in the performance of Basic Services
and Additional Services during the subject billing month. Notwithstanding anything herein to the
contrary, the CONSULTANT shall submit no more than one invoice per month for all fees and
Reimbursable Expenses earned that month for both Basic Services and Additional Services.
Invoices shall be reasonably substantiated, identify the services rendered and must be
submitted in triplicate in a form and manner required by Owner. Additionally, the number of the
purchase order granting approval for such services shall appear on all invoices.
B.3.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work
done, no signature, etc.) shall be returned to CONSULTANT for correction. Invoices shall be
submitted on CONSULTANT'S letterhead and must include the Purchase Order Number and
the Project name and shall not be submitted more than one time monthly.
B.3.3 Notwithstanding anything herein to the contrary, in no event may CONSULTANT'S
monthly billings, on a cumulative basis, exceed the sum determined by multiplying the
applicable not to exceed task limits set forth in the table in Section 2.1 by the percentage Owner
has determined CONSULTANT has completed such task as of that particular monthly billing.
B.3.4 Payments for Additional Services of CONSULTANT as defined in Article 2 hereinabove
and for reimbursable expenses will be made monthly upon presentation of a detailed invoice
with supporting documentation.
B.3.5 Unless specific rates have been established in Attachment 8, attached to this Schedule
8, CONSULTANT agrees that, with respect to any subconsultant or subcontractor to be utilized
by CONSULTANT for Additional Services, CONSULTANT shall be limited to a maximum
markup of 5% on the fees and expenses associated with such subconsultants and
su bcontractors.
B.3.5.1 Reimbursable Expenses associated with Additional Services must comply with
section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the
CONSULTANT, and shall consist only of the following items:
8.3.5.1.1. Cost for reproducing documents that exceed the number of documents
described in this Agreement and postage and handling of Drawings and Specifications.
B.3.5.1.2. Travel expenses reasonably and necessarily incurred with respect to
Project related trips, to the extent such trips are approved by OWNER. Such expenses, if
TPA#1953637,9 PSA B-2
Agenda Item NO.1 00
November 14, 2006
approved by OWNER, may include coach airfare, standard accommodations and meafls,6a1f 1n
accordance with section 112.061, F.S. Further, such expenses, if approved by OWNER, may
include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such
trips within Collier and Lee Counties are expressly excluded.
B.3.5.1.3. Permit Fees required by the Project.
B.3.5.1.4 Expense of overtime work requiring higher than regular rates
approved in advance and in writing by OWNER.
B.3.5.1.5 Expense of models for the County's use.
B.3.4.1.6 Other items on request and approved in writing by the OWNER.
B.3.5.2 Should a conflict exist between the dollar amounts set forth in Section 112.061, F.S.,
and the Agreement, the terms of the Agreement shall prevail.
TPA#1953637.9
PSA
B-3
Agenda Item NO.1 OD
November 14, 2006
Page 7 of 11
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
"Consulting, Engineering and Inspection (CEI) Services for County Barn Road from Rattlesnake
Hammock Road to Davis Boulevard", Project # 60101
Task 1. Construction Enaineerina & Inspection Services: Not to exceed $2.265.195
. 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
. Maintenance of Traffic
. Signing and marking plan conformance
. Utility inspection personnel provided
Task 2. Testina Services: Not to exceed
$ 50.000
. Maintain required level of density reports on all applicable materials
. Field Sampling and material testing
. Provide quality control services on all construction activities
Task 3. Survey Services (As Needed): Not to exceed
. Bench mark verification
$ 36.000
. Cross-section verification
. Spot check contractor lay-out as needed
. Reference and reset certified corner records
. Cross section of two (2) ponds
TPA#1953637.9
PSA
BA-l
Agenda Item No.1 OD
November 14, 2006
Page 8 of 11
Task 4. Field Office Expenses: Not to exceed
. Rent
· Phone/Fax/DSL Line
...... $ 91,000
(est. cost $2,400.00)
(est. cost 340.00)
(est. cost 350.00)
(est. cost 300.00)
(est. cost 450.00)
. Electric
· Cleaning service
· Copier (Rental and Maintenance)
Total for Tasks 1 through 4 $2,442,195.
· 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.
TPA#1953637.9
PSA
BA-2
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Agenda Item NO.1 00
November 14, 2006
Page 9 of 11
"Consulting, Engineering and Inspection (CEI) Services for County Barn Road from Rattlesnake
Hammock Road to Davis Boulevard", Project # 60101
Consultant's Employee Hourly Rate Schedule
Title Hourly Rate
Senior Project Engineer $ 130.00/hr
Project Administrator $ 126.00/hr
Senior Utility Inspector $ 100.00/hr
Professional Surveyor/Mapper (Allied) $ 101.07/hr
Senior Inspector $ 80.00/hr
Plant Inspector (Allied) $ 70.00/hr
Inspector Aide $ 40.00/hr
Inspector $ 67.00/hr
Survey Technician (AIM) $ 70.85/hr
Survey Crew (AIM) $1,258.68/day
Office Manager $ 45.00/hr
END OF SCHEDULE B.
TP A#1953637,9
PSA
BB-l
Agenda Item No. 100
November 14, 2006
Page 10 of 11
SCHEDULE C
PROJECT SCHEDULE
"Consulting, Engineering and Inspection (CEI) Services for County Barn Road from Rattlesnake
Hammock Road to Davis Boulevard", Project # 60101
730 Calendar
Task 1. Construction Enaineerina & Inspection Services: Not too exceed Davs
· 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
. Maintenance of Traffic
· Embankment, base, and pavement structure
. Utility inspection personnel provided
Task 2. Inspector Services: Not to exceed
. Field Sampling and material testing
· Maintain required level of density reports on all applicable materials
As Needed
· Provide quality control services on all construction activities
Task 3. Survey Services: Not to exceed
. Bench mark verification
As Needed
· Cross-section verification
· Spot check contractor lay-out as needed
· Reference and reset certified corner records
· Cross section of 2 ponds
TPA#1953637.9
PSA
C-l
Agenda Item NO.1 00
November 14, 2006
Page 11 of 11
TPA#1953637.9
PSA
F-l
Agenda Item NO.1 OE
November 14, 2006
Page 1 of 21
EXECUTIVE SUMMARY
Recommendation to award a construction contract to Astaldi Construction
Corporation, for Santa Barbara Boulevard Six-Lane Improvements from Davis
Boulevard to Copper Leaf Lane and Radio Road Four-Lane Improvements from Santa
Barbara Blvd. to Davis Blvd., in the amount of $62,051,879.48 including a reserve of
$4,587,895.60 in funding allowances Bid No. 06-4042; Project No. 62081, CIE No. 32.
OBJECTIVE: To award a construction contract for Santa Barbara Boulevard Six-Lane
Improvements and Radio Road Four-Lane Improvements to Astaldi Construction
Corporation, in accordance with Bid No. 06-4042 as negotiated.
CONSIDERATIONS: The project was submitted fur advertisement of bids on August 8,
2006. This project includes adding two lanes to Santa Barbara Boulevard from Davis
Boulevard to Copper Leaf Lane (just north of the Golden Gate Parkway), adding two lanes to
Radio Road from Santa Barbara Boulevard to Davis Blvd. The project also icludes widening
of two bridges on Santa Barbara Blvd. (over 1-75 and over Golden Gate Canal). Bids were
opened on October 9, 2006. The Engineer's Estimate for this project was $60,624,323.01.
One single bid was received which was 5% above the Engineer's Estimate at $63,863,474.63,
(with corrected calculating error - $63,868,945.58). County staff contacted the other plan
holders and inquired as to the reason they declined to submit bids. The response was that
current workloads were too heavy, the job was difficult and lack of skilled labor pool.
....-
Receiving a sole bid above budget, County staff was permitted to negotiate the bid received.
On October 25, 2006, County staff and Astaldi Construction Corporation reached agreement
on a contract amount of $62,05l,879.48 which still maintained the $4,587,895.60 in
allowance funding to manage unforseen conditions during construction. The final negotiated
amount is $l,81l,595.l5 lower than original bid and only 2.4% above the Engineds
estimate.
In addition to the allowances, two escalation clauses were included for bitumiumous and fuel
(totalling $l,800,000). Staff felt this would encourage more competitive prices if the
propective bidders did not have to inflate their quotes to compensate for fluctuating asphalt,
gasoline and diesel costs.
The construction contract provides 900 days for final completion. Liquidated damages of
$l8,836/day are to be assessed when completion of the project extends beyond the contract
days or any approved extension for cause. This higher figure for liquidated damages
recognizes the impacts delayed completion will have in these important cOlTidors.
FISCAL IMPACT: Funds in the amount of $4,750,400.48 are available within the project
budget. A budget amendment is needed to transfer funds in the amount of $42,988,800 from
Advanced Construction and $14,312,679 from reserves and appropriate within project
budget. Source of Funds are Gas Taxes and Road Impact Fees.
-
GROWTH MANAGEMENT IMPACT: The expansion of Santa Barbara Boulevard is
identified on the AUIR (CIE No. 32) and is consistent with the Growth Management Plan.
RECOMMENDA TION: That the Board of County Commissioners approve the contract
....-,.
Agenda Item No.1 OE
November 14, 2006
Page 2 of 21
with Astaldi Construction Corporation., for construction of Santa Barbara/Radio Road
Improvements and authorize the Chairman to execute the standard contract after review and
approval by the County Attorney's Office.
Prepared by: Tad Pluc, Project Manager, TECM
Attachments: (1) Negotiated Bid Comparison; (2) Bid 06-4042; (3) Astaldi Letter to Collier
County
",--
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10E
November 14. 2006
Page :3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10E
Recommendation to award a construction contract to Astaldi Construction Corporation, for
Santa Barbara Boulevard Six~Lane Jmprovements from Davis Boulevard to Copper Leaf
Lane and Radio Road Four~Lane Improvements from Santa Barbara Blvd. to DavIs Blvd., in
the amount of $62.051.87948 Including a reserve of $4,587.895.60 in funding allowances
Bid No 06-4042; Project No 62081 (Norman Feder, Administrator, Transportation Services)
11114/2006 900:00 AM
Engineer
Date
Prep. red By
Tad Pluc
Transportation Services
Transportation Engineering and
Construction
10131/20069:22:18 AM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10131/20062:30 PM
Approved By
Brenda Brill1art
Administrative Services
Purchasing Agent
Date
Purchasing
10/31/20063:51 PM
Date
Approved By
Gary Putaansuu
Transportation Services
Senior Project Manager
Transportation Engineering and
ConstrlJction
11/1/20061 :10 PM
Mike Hauer
Acquisition Manager
Date
Approved By
Administrative Services
Purchasing
1111/2006 3;36 PM
Approved By
Steve Carnell
Administrativ.e Services
PurchDsing/General Svcs Director
Date
Purchasing
11/1/20064:00 PM
Da.te
Approved By
Stnron Newman
TrJnsportation Services
Accounting Supervisor
Transportation Services Admin
11/1120064:20 PM
N:'jeh Ahmad
Director
Date
Approved By
Transportation Servicos
Tran5portation Engineering &
Construction Management
1112120068:35 AM
ManLgemcnUBudget Analyst
Date
Approved By
Lisa Taylor
Transportation Services
Transportation Administration
11/2120058:50 AM
Pat Lehnt13rd
E)';ecutive Secretary
Date
Approved By
Tran~portation Services
Transportation Services Admin
1112120069:06 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
D<lte
Office of Management & Budget
11 f212006 12:01 PM
Senior Man21gementf8u{jget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Mailagement & 8ur.jget
1117:20068: 25 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County MJnager's Office
11/7!200i3 1 :45 PM
Project Mgr.: Tad Pluc
Date Posted: 8-8-06
Date Due: 10-9-06
BID # 06-4042
Santa Barbara Blvd. 6-Laning and Radio Rd. 4-Laning
Addendums: 3
Agenda Item No.1 OE
November 14, 2006
P~\4ISE.01
Notices Sent: 206
Packages Requested: 15
Bids Received: 1
SUMMARY
Page Description TOTAL
1 & 2 Roadway $ 50,391,157.49
3 Siqnals $ 2,586,690.09
4 SiQninQ and MarkinQs $ 758,739.33
5 LiQhtinQ $1,642,516.95
6 Structures / Bridqes $ 5,003,178.10
7 Utilities $ 3,486,663.62
Total Project Bid
I $
63,868,945.581
Material Manufactures:
List of Subcontractors:
Statement of Experience of Bidder:
Trench Safety Act:
Bid Bond:
Addendum Acknowledged:
(Y/N)
(Y/N)
(Y/N)
(Y/N)
(Y/N)
(Y/N)
Yes
Yes
Yes
Yes
Yes
Yes
Opening Agent: Brenda Brilhart
Witness: Courtney Grosman
This is a preliminary summary of the bids as they were opened and announced at the bid opening. Bid prices have not been verified and are
subject to change in the event mathematical errors are discovered during bid review. Other information contained in this summary is also
subject to review,
GC-P-2a
Page 1 of 8
ROADWAY 1
BID NO. 06-4042
Santa Barbara 6.Laning (Davis Blvd. to Copper Leaf Lane)
And Radio Road 4-Laning (Santa Barbara Bivd. to Davis Blvd.)
Astaldi Bid
Agenda Item NO.1 OE
November 14, 2006
Page F'1f'MEil?>1
Project # 62081
Description Units Quantity Unit Price TOTAL
Mobilization LS 1.0 $ 5,323,299.21 $ 5,323,299,21
Provide/Maintain "As Built" Plans LS 1.0 $ 35,044,36 $ 35,044.36
Provide Construction Survevino and Lavout LS 1.0 $ 769,590,65 $ 769,590.65
Preservation of Survev Monuments LS 1.0 $ 857,63 $ 857.63
Provide/Maintain Proiect Schedule LS 1.0 $ 467.02 $ 467.02
Maintenance of Traffic LS 1.0 $ 1,911,654.77 $ 1.911,654,77
Commercial Material for Drivewav Main!. CY 2.633,0 $ 44.36 $ 116,799.88
Traffic Control Officer MH 500.0 $ 54.03 $ 27,015.00
Chanaeable . Variable Messaae Sian ITemoorarv\ ED 84.0 $ 30.02 $ 2,521.68
Proiect Information Event EA 6.0 $ 240.12 $ 1,440.72
Mowina AC 191.1 $ 120.06 $ 22,943.4 7
Baled Hay or Straw EA 763.0 $ 6.00 $ 4.578.00
Floatino Turbiditv Barrier IStandard\ LF 440.0 $ 10.21 $ 4,492.40
Staked Silt Fence LF 40,560.0 $ 0.89 $ 36,098.40
Clearino and Grubbina LS 1,0 $ 1,602,812.60 $ 1,602,812.60
Demolition of Dwellinos EA 3.0 $ 11,145.17 $ 33,435.51
Mailbox (F&I) EA 14.0 $ 100.85 $ 1,411.90
Remoyal and Relocation of Existino Bus Shetter EA 2.0 $ 6,928.82 $ 13,857.64
Reaular Excavation CY 270,814.0 $ 7.50 $ 2,031,105.00
Borrow Excavation CY 1,000.0 $ 21.01 $ 21,010.00
Embankment CY 170,025.0 $ 3.24 $ 550,881,00
Tvoe "B" Stabilization SY 149,890,7 $ 3,36 $ 503,632.75
Base, Octional (Base Grouo 04) SY 1,158.0 $ 14.07 $ 16,293.06
Base, Optional (Base Group 1 Q) SY 132,250.0 $ 21.07 $ 2.786,507,50
Base, Ootional (Base Grouo 15) SY 42,774,0 $ 26.95 $ 1,152,759.30
Millina Existina Asohalt Pavement (1" Ava Deoth) SY 14,092.0 $ 3.06 $ 43,121.52
MillinQ Existino Asohalt Pavement 13" Avo Deoth) SY 11,299,7 $ 3.36 $ 37,966.99
Millina Existina Asohalt Pavement (1 1/2" Ava Deoth SY 18,748.8 $ 3,18 $ 59,621,18
Millina Existina Asohalt Pavement (1 1/4" Avo Denth SY 21,642.6 $ 3.18 $ 68,82347
SuoerPave Asohalt Pavement ITraffic Level C) love TN 30,926.5 $ 126.06 $ 3,898,594.59
Asphalt Concrete Friction Course (FC-9.5) (Rubber) TN 15,863.3 $ 146.47 $ 2,323,497.55
SuperPave Asphalt Pavement ITraffic Leyel C) 12.5" TN 24,178.9 $ 140.47 $ 3,396,410.08
Miscellaneous Asohalt Pavement TN 42.9 $ 438.22 $ 18,799.64
Class I Concrete (End Walls) CY 11.6 $ 1,001.44 $ 11,616.70
Class I Concrete (Retainino Walls\ CY 1,018.8 $ 363.93 $ 370,771.88
Class I Concrete (Miscellaneous) CY 7,3 $ 897.37 $ 6,550.80
Reinforcina Steel (Miscellaneous) LB 94.5 $ 1.00 $ 94.50
Inlets (Curb Tvoe P-5) 1< 10'\ EA 51.0 $ 6,843.47 $ 349,016.97
Inlets (Curb Tvoe P-6\ (< 10') EA 41.0 $ 6,963.53 $ 285,504.73
Inlets (Curb Type J-5) (< 10') EA 12.0 $ 7,383.75 $ 88.605.00
Inlets (Curb Tyoe J-5\ (> 10') EA 5.0 $ 9,470.41 $ 47,352,05
Inlets (Curb Tvoe J-6) (< 10'\ EA 20.0 $ 10,565.36 $ 211,307.20
Inlets (Curb Type J-6) (> 10') EA 5.0 $ 11,405.79 $ 57,028.95
Inlets (Curb Tvoe 8) (< 10') EA 1.0 $ 9,004.57 $ 9,004,57
Inlets (Ditch Bottom Tvoe C) (< 10') EA 22.0 $ 3,781,92 $ 83,202.24
Inlets (Ditch Bottom Tyoe C) (J Bottom < 10'\ EA 1,0 $ 5,462.77 $ 5,462,77
Inlets (Ditch Bottom Tvoe D\ (J Bottom < 10'\ EA 2.0 $ 5.462.77 $ 10,925.54
I nlets (Ditch Boltom Tvoe D\ (Modifv') EA 2.0 $ 3.661,86 $ 7,323.72
Inlets (Drtch Boltom Type E) (Modifv'\ EA 1.0 $ 8.044.08 $ 8,044.08
Inlets (Barrier Wall, Riaid, Curb and Gulter\ (< 10') EA 2.0 $ 6,603.35 $ 13,206.70
Manholes (Type P-7) (Partial) EA 7.0 $ 6,303.20 $ 44,122.40
Manholes /Tyoe P-8\ (< 10'\ EA 10.0 $ 8,044.08 $ 80,440.80
Manholes /Tvoe P-8) (> 10') EA 1.0 $ 8.404.27 $ 8.404.27
Manholes (Tyoe J-8\ 1< 10'\ EA 18.0 $ 8,644.39 $ 155,599.02
Manholes (Tyoe J-8\ (> 10'\ EA 7.0 $ 10,205.18 $ 71,436,26
Roadway 1 Allowance $ 2,476,891.00
Sheet Total $ 31,219,256.62
Calculation Errors Corrected
GC-P-2a
Page 2 of 8
ROADWAY 2
BID # 06-4042
Santa Barbara 6-Laning (Davis Blvd. to Copper Leaf Lane)
And Radio Road 4-Laning (Santa Barbara Blvd. to Davis Blvd.)
Aqenda Item NO.1 DE
November 14,2006
Pt}~~~~
Project # 62081
Description Units Quantity U nit Price TOTAL
Pioe Culvert Ootional Material (Storm Sewer) (Round Shane\ 118"\ LF 9.251.0 $ 138.07 $ 1,277.285.57
Pioe Culvert Ootional Material (Storm Sewer) (Round Shane\ 124"\ LF 2,137.0 $ 170.49 $ 364,337.13
Pioe Culvert Ootional Material (Storm Sewer) (Round Shane' 130"\ LF 3,880.0 $ 182.49 $ 708,061.20
Pioe Culvert Ootional Material (Storm Sewer) (Round ShaDe) (36") LF 3,962.0 $ 220.91 $ 875.245.42
Pioe Culvert Ootional Material (Storm Sewer) (Round ShaDe) (42") LF 6.389.0 $ 261.73 $ 1.672,192.97
Pioe Culvert Ootional Material (Storm Sewer) (Round Shaoe) (48") LF 5,774.0 $ 282,14 $ 1,629,076.36
Pioe Culvert Ootional Material (Storm Sewer) (Round Shaoe) (54") LF 1,248.0 $ 354,18 $ 442,016.64
Pioe Culvert Ootional Material (Storm Sewer) (Round Shaoe) (60") LF 85.0 $ 410.61 $ 34,901.85
Pioe Culvert Ootional Material (Cross Drain\ (Round Shaoe\ (18") LF 474.0 $ 138.07 $ 65,445.18
Pioe Culvert Ootional Material (Cross Drain) (Other - Elliotical/Arch) (15") LF 59,0 $ 148.88 $ 8,783.92
Pioe Cuivert Ootional Material (Cross Drain) rOther- Elliotical/Arch) (18") LF 147.0 $ 156,08 $ 22,943.76
Pioe Culvert Ootional Material (Cross Drain) (Other - Elliotical/Arch) (36") LF 125.0 $ 246.12 $ 30,765.00
Pioe Culvert 001ional Material (Side Drain) (Round ShaDe) (15") LF 484.0 $ 126.06 $ 61,013.04
Pioe Culvert Ootional Material (Side Drain) (Round Shape) (18") LF 169.0 $ 138.07 $ 23,333,83
Pioe Culvert Ootional Material (Side Drain) (Round Shape) (24") LF 236.0 $ 170.49 $ 40,235,64
Pioe Culvert Ootional Material (Side Drain) (Round Shape) 148") LF 84.0 $ 282.14 $ 23,699.76
Pioe Culvert Ootional Material ISide Drain) (Other - Elliotical/Arch) (15") LF 48.0 $ 144.07 $ 6,915,36
Flared End Section I Concrete) 130") EA 2.0 $ 3,241.65 $ 6.483.30
Flared End Section (Concrete) (54") EA 3.0 $ 5,402.74 $ 16,208,22
Flared End Section IConcrete) (60") EA 1.0 $ 7.203.66 $ 7,203.66
Mitered End Section (Cross Drain) (Ootional Round\ (18") EA 18.0 $ 2,401.22 $ 43.221.96
Mitered End Section (Cross Drain) (Ootional Round) 124") EA 1.0 $ 2,881.46 $ 2,881.46
Mitered End Section (Cross Drain) IOotional Round) 130"\ EA 3.0 $ 3,541.80 $ 10,625.40
Mitered End Section (Cross Drain) 10otional Round) (48") EA 2.0 $ 8.404.27 $ 16,808.54
Mitered End Section (Cross Drain) (Ootional Other - Elliptical/Arch) (36") EA 2.0 $ 8,644.39 $ 17,288.78
Mitered End Section (Side Drain) (Ootional Round\ (15") EA 40.0 $ 1,740.88 $ 69,635.20
Mitered End Section (Side Drain) (Ootional Round) (18") EA 2.0 $ 2.401.22 $ 4,802.44
Mitered End Section (Side Drain) IOotional Round) (24") EA 6.0 $ 2,881.46 $ 17.288.76
Mitered End Section (Side Drain\ (Ootional Round) (48") EA 4.0 $ 8.404.27 $ 33,617.08
Mitered End Section (Side Drain) (Ootional Other - Elliotical/Arch) (15") EA 8.0 $ 1.800,91 $ 14.407.28
Pioe Handrail - Guiderail (Aluminum) LF 3.216.3 $ 78.04 $ 251,000.05
Concrete Curb and Gutter (Tvoe E) LF 2,8041 $ 22.21 $ 62,279.06
Concrete Curb and Gutter (Tvpe F) LF 83,126.1 $ 15.31 $ 1,272,660.59
Concrete Curb (Tvoe A) LF 975.9 $ 27.01 $ 26,359.06
Concrete Curb (Tvoe 0) LF 9,400.0 $ 23.4 7 $ 220,618,00
Concrete Barrier Wall (Riaid - Curb & Gutter) LF 533.0 $ 712.73 $ 379,885.09
Concrete Sidewaik, 6" Thick SY 29,823.7 $ 43.82 $ 1,306,874.53
Concrete Ditch Pavement INon-Reinforced) (6") SY 4.6 $ 162.08 $ 745,57
Pavers, Architectural (Roadwav) SY 6,449 9 $ 101.45 $ 654,342.36
Riorao (Rubble) lDitch Linina) TN 337.2 $ 90.05 $ 30.364.86
Sound Barriers IIncludina Foundation) (Permanent) SF 34,490.0 $ 51.98 $ 1,792,790.20
Sound Barriers (Includina Foundation) (Permanent) (Privacv Wall) SF 37,800,0 $ 51.98 $ 1.964,844.00
Guardrail (Roadwav\ LF 1,000.0 $ 28.69 $ 28,690.00
Guardrail IShoo - Bent Panels) LF 87.5 $ 31.22 $ 2,731,75
Guardrail Removal LF 1,887.5 $ 3.36 $ 6,342.00
Guardrail End Anchoraqe Assemblv (Tvoe II) EA 5.0 $ 692.75 $ 3,463.75
Guardrail End Anchoraqe Assemblv (Tvpe CRT) EA 3.0 $ 2,211.76 $ 6.635.28
Fencina (Tvoe B) (6.0') (Standard) LF 368.0 $ 21.61 $ 7,952.48
Fence Gate (Tvoe B) (Double) (120' Ooeninq) EA 1.0 $ 1.440,73 $ 1,440.73
Soddino (Bahia) SY 231,231.6 $ 2.40 $ 554,955.84
Landscaoe Comolete LS 1,0 $ 150,076.18 $ 150,076.18
Irrioation Sleeves LS 1.0 $ 1,150.78 $ 1,150.78
Roadwav 2 Allowance $ 1,098.974.00
Fuel Cost Adiustment I $ 800,000.00
Butiminous Cost Adjustment I $ 1,000,00000
ROADWAY TOTAL $50,391,157,491
Calculation Errors Corrected
Page Total $19,171,900.87
GC-P-2a
Page 3 of 8
Project # 62081
BID # 06.4042
Santa Barbara 6-Laning (Davis Blvd. to Copper Leaf Lane)
And Radio Road 4-Laning (Santa Barbara Blvd. to Davis Blvd.)
Agenda Item NO.1 OE
November 14, 2006
PageR~~~
SIGNALS
Description Units Quantity Unit Price TOTAL
Directional Bore (Less than 6") LF 1,336.0 $ 21.61 $ 28,870,96
Directional Bore 16" < 12") LF 2,930.0 $ 29.78 $ 87,255.40
Conduit (F&I) (Underaround) LF 29,046.0 $ 10.45 $ 303,530.70
Conduit (F&I) (Bridae Mount) LF 1,560.0 $ 21,97 $ 34,273,20
Cable (Sianal) (F&I) PI 7.0 $ 5,829.92 $ 40,809.44
Cable, Fiber Optic IF&I) (Underaround) (Sinale Mode) (26-50) LF 14,989.0 $ 4.08 $ 61,155,12
MessenCler Wire IF&I) LF 45.0 $ 25.57 $ 1,150.65
Pull & Junction Boxes IF&1l (Pull Box) EA 66.0 $ 512.06 $ 33,795.96
Pull & Junction Boxes (F&1l (Fiber Ootics) EA 51,0 $ 1,384.30 $ 70,599.30
Electrical Power Service (Underaround) AS 7.0 $ 1,572.44 $ 11,007.08
Electrical Service Wire (F&1l LF 1,440,0 $ 2.64 $ 3,801.60
Electrical Service Disconnect IF&n (Pole Mounted) EA 7.0 $ 557,20 $ 3,900.40
Prestressed Concrete Poles (F&I - Direct Burial) (Type N-VIII) (64 EA 1,0 $ 14,354.49 $ 14,354.49
Mast Arm Assemblv (F&I I Hiah Loadina) (Sinale Arm w/o Lumina EA 1.0 $ 20,38623 $ 20,386.23
Mast Arm Assembly (F&I I Hiah Loadinq) (Sinale Arm w/o Lumina EA 3,0 $ 29,053.07 $ 87,159.21
Mast Arm Assemblv (F&I I Hiah Loadina) (Sinale Arm w/o Lumina EA 2.0 $ 36,573.20 $ 73,146.40
Mast Arm Assembly (F&I I Hiah Loadina) (Sinale Arm w/o Lumina EA 8.0 $ 36,203.66 $ 289,629.28
Mast Arm Assemblv (F&II Hioh Loadina) (Obi Arm w/o Luminaire EA 1.0 $ 42,16612 $ 42,166.12
Mast Arm Assembly (F&II Hiah Loadina) (Obi Arm w/o Luminaire EA 4.0 $ 45,792.08 $ 183,168.32
Mast Arm Assembly (F&II HiQh Loadina) (Obi Arm w/o Luminaire EA 1,0 $ 48,73118 $ 48,731.18
Mast Arm Assembly (F&II Hiah Loadina) ISinale Arm w/Luminaire EA 2.0 $ 22.395.81 $ 44,791,62
Mast Arm Assembly (F&II HiQh LoadinQ) (SinQle Arm w/Luminaire EA 3.0 $ 34,052.77 $ 102,158.31
Mast Arm Assembly (F&II HiQh Loadina) ISinale Arm w/Luminaire EA 0.0 $ -
Mast Arm Assembly (F&II Hioh Loadino) (Sinole Arm w/Luminaire EA 2.0 $ 39,818.81 $ 79,637.62
Mast Arm Assemblv (F&II Hiah Loadina) (Soecial Desian) EA 1.0 $ 59,326.55 $ 59,326.55
Traffic Sional (F&I) (1 Section, 1 Way) AS 1.0 $ 536.67 $ 536.67
Traffic SiQnal (F&I) (3 Section, 1 Wav) AS 101.0 $ 890.13 $ 89,903,13
Traffic Sianal (F&n (5 Section, 1 Wav) AS 10.0 $ 1,408,68 $ 14,086,80
Pedestrian SiQnal (F&I) (LED International Symbol Countdown) (1 AS 38,0 $ 911.38 $ 34,632.44
Pedestrian Signal (F&I) (LED International Svmbol Countdown) (2 AS 2.0 $ 1,455.74 $ 2,911.48
Sianal Head Auxiliaries (F&I) (Back Plates, 3 Section) EA 54.0 $ 120.30 $ 6,496,20
SiQnal Head Auxiliaries (F&I) (Aluminum Pedestal) EA 4.0 $ 1,133.80 $ 4,53520
Signal Head Auxiliaries (F&n (Back Plates, 5 Section) EA 2.0 $ 203.74 $ 407.48
Vehicle Detector Assemblies (F&I) (Optical TYDe) EA 22.0 $ 7,073.63 $ 155,619.86
Vehicle Detectar Assemblies (F&I) (Infrared) EA 22.0 $ 2,576.87 $ 56,691.14
Pedestrian Detector (F&1l (Pole Mounted) EA 42.0 $ 181,17 $ 7,609.14
Traffic Controller Assembly (F&I) (NEMA) (1 Preemption Plan) AS 7.0 $ 20,929.26 $ 146,504,82
System Control Eouioment (F&n (Communications Interface) EA 6,0 $ 2,831.28 $ 16,987,68
System Control Eauipment (F&I) (Fiber Optic, FSK Modem) EA 6.0 $ 2.589.95 $ 15,539,70
SiClnal Head Traffic Assembly, Removal EA 53.0 $ 59.31 $ 3,143.43
Pole Remoyal (Shallow) EA 15.0 $ 2,698.73 $ 40,480,95
Controller Assembly, Removal (Complete) EA 60 $ 296.55 $ 1,779,30
Span Wire Assembly, Remove EA 6.0 $ 474.60 $ 2,847.60
Conduit and Cablina, Remove PI 6.0 $ 415.29 $ 2,491.74
SiQnal Equipment, Miscellaneous Remove PI 6.0 $ 593.22 $ 3,559.32
Internally Illuminated Street Name Sion EA 25.0 $ 3,841.71 $ 96,042.75
SiQn Panel (F&I) (15 SF or Less) EA 2.0 $ 521.06 $ 1,042.12
Sianalization Allowance $ 158,036,00
Signalization Total
$ 2,586,690.09
Calculation Errors Corrected
GC-P-2a
Page 4 of 8
Project # 62081
BID # 06-4042
Santa Barbara 6-Laning (Davis Blvd. to Copper Leaf Lane)
And Radio Road 4-Laning (Santa Barbara Blvd. to Davis Blvd.)
Agenda Item NO.1 OE
November 14. 2006
Pa~g15E01
SIGNING & MARKING
Description Units Quantity Unit Price TOTAL
Sign, Single Post (Less than 12 SF) AS 118.0 $ 460.43 $ 54,330.74
Siqn, Sinqle Post (12 - 25 SF) AS 56.0 $ 863.00 $ 48,328.00
Sian, Multi-Post (50 SF or Less) AS 31.0 $ 4,437.69 $ 137,568.39
Siqn, Overhead Cantilever (71' - 80') (51 - 100 SF) AS 2.0 $ 85,277,97 $ 170,555.94
Sian, Overhead Cantilever (71' - 80') (101 - 150 SF) AS 1.0 $ 82,203.09 $ 82,203.09
Siqn, Existing (Remove) (Sinqle Post) AS 87.0 $ 29.53 $ 2,569.11
Sign, Existing (Remove) (Multi-Post) AS 10.0 $ 354.30 $ 3,543.00
Sian, Existina (Relocate) (Single Post) AS 9.0 $ 66.15 $ 595.35
Sign, Existing (Relocate) (Multi-Post) AS 3.0 $ 531.39 $ 1,594.17
Sian Panel (Relocate) (15 SF or Less) EA 2.0 $ 66.15 $ 132.30
Sign, Flashing Beacon (F&I) (Ground Mount) AS 2.0 $ 3,417.05 $ 6,834.10
Siqn, Flashing Beacon (Remove) (Ground Mount) AS 2.0 $ 746.66 $ 1,493,32
Delineator, Sinale Unit EA 1.0 $ 65.00 $ 65.00
Delineator, Double Unit EA 1,0 $ 139.00 $ 139.00
Obiect Marker (Post Mounted) (Type I) EA 12,0 $ 174.69 $ 2,096.28
Tubular Delineator (Flexible) EA 2,0 $ 126.66 $ 253.32
Retro-Reflective Pavement Markers EA 3,319.0 $ 8.48 $ 28,145,12
Reflective Paint (Island Nose) (White) SY 2,0 $ 23.12 $ 46.24
Reflective Paint (Island Nose) (Yellow) SY 104,0 $ 16.95 $ 1,762,80
Pavement Messages, Thermoplastic EA 285,0 $ 169.75 $ 48,378.75
Directional Arrows, Thermoplastic EA 426.0 $ 77.08 $ 32,836,08
Guide Lines, Thermoplastic (White) LF 4,006,0 $ 1.54 $ 6,169.24
Guide Lines, Thermoplastic (Yellow) LF 952,0 $ 30.02 $ 28,579,04
Skip Traffic Stripe, Thermoplastic (White) GM 13.474 $ 942.48 $ 12,698,98
Skip Traffic Stripe, Thermoplastic (Yellow) LF 991,0 $ 0.78 $ 772,98
Solid Traffic Stripe, Thermoplastic (12" White) LF 8,918.0 $ 1.68 $ 14,982,24
Solid Traffic Stripe, Thermoplastic (18" White) LF 3,643.0 $ 2.28 $ 8,306,04
Solid Traffic Stripe, Thermoplastic (24" White) LF 2,362.0 $ 3.18 $ 7,511.16
Solid Traffic Stripe, Thermoplastic (8" Yellow) LF 1,493.0 $ 0.72 $ 1,074.96
Solid Traffic Stripe, Thermoplastic (18" Yellow) LF 1,133.0 $ 4.93 $ 5,585.69
Solid Traffic Stripe, Thermoplastic (6" White) NM 18.322 $ 0.90 $ 16.49
Solid Traffic Stripe, Thermoplastic (8" White) NM 2.660 $ 1.50 $ 3.99
Solid Traffic Stripe, Thermoplastic (6" Yellow) NM 9.614 $ 1.50 $ 14.42
Siqn & Markina Allowance $ 49.554.00
Sign & Marking Total
$ 758,739.33
Calculation Errors Corrected
GC-P-2a
Page 5 of 8
Project # 62081
BID # 06-4042
Santa Barbara 6-Laning (Davis Blvd, to Copper Leaf Lane)
And Radio Road 4-Laning (Santa Barbara Blvd. to Davis Blvd.)
Agenda Item NO.1 OE
November 14, 2006
PagE9'16=131
LIGHTING
Description Units Quantity Unit Price TOTAL
Directional Bore (Less than 6") LF 3,275.0 $ 24.61 $80,597,75
Conductors (F&I) (Insulated) (No, 6) LF 137,729.0 $ 1.68 $231,384.72
Conduit (F&I - Underqround) (PVC Schedule 40) (2") LF 37,814.0 $ 8.28 $313,099,92
Conduit (F&I - In Box Girder) (PVC Schedule 80) (2") LF 1,550.0 $ 20.65 $32,007.50
Load Center (F&I) (Secondarv Voltaae) EA 5.0 $ 11,807.87 $59,039.35
Pull Box (F&I) (Roadside, Moulded) EA 70.0 $ 610.27 $42,718.90
Luminaire and Bracket Arm (F & I) (Aluminum) EA 6.0 $ 934.91 $5,609.46
Liqht Poles, Complete (F&I) (Sinqle Arm, Wall Mount) (Aluminum) (40' ~ EA 8.0 $ 4,568.80 $36,550.40
Liaht Poles, Complete (F&I) (Sinqle Arm, Bridqe Mount) (Aluminum) (40 EA 4.0 $ 3,273.82 $13,095.28
Liqht Poles, Complete (Relocate) EA 3.0 $ 2,872.46 $8,617.38
Liqht Poles, Complete (Remove) EA 29.0 $ 774.51 $22,460.79
Liqht Poles, Complete (Aluminum, Std) (F&I) (40' M.H.) (Pole Loadinq 2 EA 157.0 $ 4,536.50 $712,230.50
Liqhtinq Allowance $85,105.00
Lighting Total $1,642,516.95
Calculation Errors Corrected
GC-P-2a
Page 6 of 8
Project # 62081
BID # 06-4042
Santa Barbara 6-Laning (Davis Blvd. to Copper Leaf Lane)
And Radio Road 4-Laning (Santa Barbara Bivd, to Davis Blvd.)
Agenda Item NO.1 OE
November 14, 2006
Page ~f;)V~
STRUCTURES
Description Units Quantity Unit Price TOTAL
Removal of Existinq Structures (Partial) SF 4,620 $ 34.57 $ 159,713.40
Embankment CY 172 $ 26.29 $ 4,521.88
Excavation for Structures CY 396 $ 16.09 $ 6,371.64
Class IV Concrete (Culverts) CY 280 $ 954.48 $ 267,254.40
Class IV Concrete (Superstructure) CY 732 $ 1,055.01 $ 772,267.32
Class IV Concrete (Substructure) CY 414 $ 1,372.87 $ 568,368,18
Class IV Concrete (ADDroach Slabs) CY 94 $ 662.59 $ 62,283.46
Bridae Deck Grovina SY 1 ,405 $ 5.88 $ 8,261.40
Comoosite Bearina Pads (Neoorene) EA 88 $ 419.11 $ 36,881.68
Reinforcina Steel (Suoerstructure) LB 202,145 $ 1.09 $ 220,338.05
Reinforcina Steel (Substructure) LB 63,650 $ 1.29 $ 82,108.50
Reinforcina Steel (Culverts) LB 40,855 $ 1.02 $ 41,672.10
Reinforcinq Steel (Approach Slabs) LB 15,310 $ 1.29 $ 19,749,90
Prestressed Beams (TYDe III) LF 3,173 $ 208.66 $ 662,078,18
Prestressed Concrete Piles (18"x18") LF 4.440 $ 171,55 $ 761,682.00
Dynamic Test Loads EA 4 $ 1,500.76 $ 6,003,04
Structural Steel (Armored Joint) LB 4,200 $ 9.21 $ 38,682.00
Exoansion Joint Seal LF 210 $ 121.62 $ 25,540,20
Aluminum Railina (Sinale Rail) LF 1,563 $ 90.05 $ 140,748.15
Aluminum Railinq (Triple Rail) LF 440 $ 90.05 $ 39,622.00
Concrete Traffic Railinq Barrier (Bridqe) LF 1.563 $ 70.90 $ 110,816.70
Concrete Paraoet (PedestlBicycle) LF 1.563 $ 67.23 $ 105,080,49
Concrete SloDe Pavinq SY 510 $ 42.02 $ 21 ,430.20
Pavers, Architectural SY 996 $ 65,11 $ 64,849.56
Rip Rap (Rubble Stone) TN 1,520 $ 107.06 $ 162,731.20
Fabric Formed Concrete Riprap SY 842 $ 54,03 $ 45,493.26
Pedestrian Protective Fence LF 1.123 $ 139.27 $ 156.400.21
Structures Allowance $ 412.229.00
Bridge Structures Total
$ 5,003,178.10
Calculation Errors Corrected
GC-P-2a
Page 7 of 8
Project # 62081
BID 06-4042
Santa Barbara 6-Laning (Davis Blvd. to Copper Leaf Lane)
And Radio Road 4-Laning (Satnat Barbara to Davis Blvd.)
Agenda Item NO.1 OE
November 14, 2006
Page IIU'fVdffE]l1
-'TILlL TIES
Item No. Description Units Quantity Unit Price Cost
1 020-1 PIPE (Abandon I Grout in Place)(16" OR LESS) LF 19,021.0 $ 16.50 $ 313,846.50
1020-2 PIPE (Abandon I Grout in Place) (20") LF 1,469.0 $ 22,21 $ 32,626.49
1070-111-211 VALVE ASSEMBLY GATE IF&I\ICI\ 1250 PSI\112"\ EA 1.0 $ 3,301.68 $ 3,301.68
1070-111-212 VALVE ASSEMBLY GATE (F&I)(CI\ (250 PSI)(14") EA 6.0 $ 3,781.92 $ 22,691.52
1070-111-213 VALVE ASSEMBLY GATE (F&I)(CI) (250 PSI)(16") EA 14.0 $ 10,445.30 $ 146,234.20
1070-111-216 VALVE ASSEMBLY GATE IF&I\ICI\ 1250 PSI)(24") EA 17,0 $ 13,734,97 $ 233,494.49
1070-118-105 VALVE ASSEM(AIR RELEASE ASSEMBL Y)(F&I)(CI)(150 PSI)(2") EA 5.0 $ 3,571.81 $ 17,859.05
1090-136-11 PIPE(PVC)(CLASS 900)(F&I)(PUSH-ON JOINT)(12") LF 1,014.0 $ 72,04 $ 73,048.56
1090-136-12 PIPE(PVC)(CLASS 900)(F&I)(PUSH.ON JOINT)(14") LF 1,504.0 $ 74.44 $ 111 ,957.76
1090-136-13 PIPEIPVC)(CLASS 900\IF&I\(PUSH-ON JOINT)(16") LF 3,300.0 $ 78.04 $ 257,532,00
1090-136-15 PIPE(PVC)(CLASS 900\(F&I)(PUSH-ON JOINT)(20") LF 911,0 $ 104.45 $ 95,153.95
1090-136-16 PIPEIPVC\ICLASS 900)(F&I)(PUSH-ON JOINT)(24") LF 4,428.0 $ 126.06 $ 558,193.68
1090-156-08 PIPEIPVC\(CLASS 900)(F&I)(RESTRAINED)(6") LF 100.0 $ 51.03 $ 5,103.00
1090-156-09 PIPE(PVC\(CLASS 900)(F&I)(RESTRAINED)(8") LF 191.0 $ 56.43 $ 10,778.13
1090.156-10 PIPEIPVC\(CLASS 900\IF&I\IRESTRAINED)110") LF 174.0 $ 61.23 $ 10,654.02
1090-156-11 PIPE(PVC)(CLASS 900)(F&I)(RESTRAINED)(12") LF 254.0 $ 86.44 $ 21,955.76
1090-156-12 PIPE(PVC)(CLASS 900)(F&I)(RESTRAINED)(14") LF 969,0 $ 90.05 $ 87,258.45
1090-156-13 PIPEIPVC\ICLASS 900\(F&I\(RESTRAINED)(16") LF 1,609.0 $ 100,85 $ 162,26765
1090-156-15 PIPE(PVC)(CLASS 900)(F&I)(RESTRAINED)(20") LF 703.0 $ 114.06 $ 80,184.18
_ J090-156-16 PIPE(PVC)(CLASS 900)(F&I)(RESTRAINED)(24") LF 1,213.0 $ 141,67 $ 171,845.71
110-122-214 PIPE(STEEL \(COA TED\(FURNISH&INST ALL)(WELDED JOINT)( 18") LF 66.0 $ 126.06 $ 8,319.96
1110-122-215 PIPE(STEEL )(COA TED\(FURNISH&INST ALL)(WELDED JOINT)(20") LF 1630 $ 192.10 $ 31,312.30
1110-122-216 PI PE(STE E L)( COATE D)( F U RN ISH&I NST ALL )(W ELDED JO I NT)(24") LF 30.0 $ 20410 $ 6,123,00
1110-122-217 PIPEISTEEL \(COA TED\(FURNISH&INST ALL)(WELDED JOINT)(30") LF 333.0 $ 187.30 $ 62,370.90
1110-122-218 PI PE(STEEL)( COATE D)( F U RN ISH&I NST ALL )(W E LDE D JO I NT)( 36") LF 65.0 $ 28214 $ 18,339.10
1110.122-219 PIPE(STEEL )(COA TED\(FURNISH&INST ALL )(WELDED JOINT)( 42") LF 790.0 $ 390.20 $ 308.258.00
1610-120 FITTINGS WATER (F&I)(CAST IRON) TN 22.0 $ 14,94759 $ 328,84698
999-7 Utilities Allowance $ 307,106.60
Utilities Total
$ 3,486,663.62
Calculation Errors Corrected
GC-P-2a
Page 8 of 8
Agenda Item NO.1 OE
November 14. 2006
BID # 06-4042 Page 12 of 21
Santa Barbara Boulevard 6-Laning (Davis Blvd. to Copper Leaf Lane) And Radio Road (Santa
Barbara Blvd. to Davis Blvd.)
SUMMARY
Page Description TOTAL
1&2 Roadway $ 48,574,091.39
3 Siqnals $ 2,586,690.09
4 Siqninq and Markinqs $ 758,739.33
5 Liqhtinq $ 1,642,516.95
6 Structures / Bridqes $ 5,003,178.10
7 Utilities $ 3,486,663.62
Total Project Bid
1 $
62,051,879.481
GC-P-2a
Page 1 of 8
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Agenda Item NO.1 OE
November 14, 2006
Page 20 of 21
Astaldi Construction COJporation
Head Office: 8220 State Road 84 Suite 300 Davie, FL 33324
10/27/2006
Collier County Purchasing Department
330 I Tamiami Trail East, Bldg. G
Naples, FL 34112
Attn: Brenda Brilhart, Purchasing Agent
Re: Santa Barbara Bid (Bid #06-4042)
Dear Ms. Brilhart
Earlier this week I attended a Pre-award meeting to negotiate some items of concern that the County has with awarding this
contract. We concluded the meeting with a summary of items the County wished to be addressed by Astaldi Construction
Corporation. They are as follows:
1. Provide the County with additional assurances through contract language, over and above what was contained in
the original contract, that ACC would complete the project on time.
2. Address increasing the quantity growth of Borrow Excavation Pay Item from] 000 cy to 40,000 cy with no
escalation in price.
3. Adjust unit prices on the Sound Barrier Wall to a unit price closer to the Engineer's Estimate of$26/sf.
4. Provide more information on the two major subs listed in our bid and their qualifications. (Gustafson and Ace
Asphalt)
5. Provide information on possible ACC personnel available to manage the project.
In response to the County's request on the above five items, 1 offer the following:
I. As I had explained in the meeting, an acceptance of a much more stringent specification in lieu of the
specification we bid without any additional opportunity for an increased contract amount would not only be
imprudent on our part but also would not be allowed by our bonding cDmpany; attorney; and home office. In light
of this, we still want to work with the County to find a solution to YDur concern. We may propose instead that
liquidated damages could increase as certain amount for each month beyond the final completion date, if in the
unlikely event the project runs late at the fault of ACC.
In return for our willingness to work with the County and provide additional assurances that we would complete
the project on time, we wish to propose that the County provide for Partnering on this project and include in the
Partnering agreement that the County will commit to the following items. We consider these items much more
relevant to the success of completing this project on time than any additional contractual language or damage
assessments.
Agenda Item No.1 OE
. A County Utilities Engineer dedicated to resolving any utility issue that may impede p~gf@~th~4, 2006
project. This person is to have the authority and support from the County Directors to expedit€'aimtf1 of 21
conflict resolutions on the project and participate in weekly project progress meetings to stay abreast of
upcoming work and be proactive in seeing that Utility Relocation work stays on or ahead of schedule so
as not to impact the construction completion schedule.
. Set up a Public lnfonnation Committee consisting of representatives from the County, the Community,
the City, and ACC to discuss and stay informed of the progress ofthe project and to address any impacts
to the local residents or businesses. This committee is to meet periodically throughout the length of the
project.
. Consideration by the County to add a bonus to the contract if, after the first phase of construction, ACe
has demonstrated a good faith effort to keep the project on or ahead of schedule.
. Expedite approval of submittals and shop drawings
. Agree to consider, review and provide approval comments expeditiously on any design or construction
change proposals by the Contractor to achieve a savings oftime on the project. (including the use of
alternate construction materials and participation in the additional costs if the time savings were
significant)
· Consideration that the Subcontractors and Suppliers on the Ace construction team are critical to the
overall construction and completion schedule of the project. Should these same suppliers and subs be
working for the County on other projects, we request that the County work with ACC in the coordination
of these subs/suppliers to give this project priority over all other contracts when their work is critical to
the completion schedule of this project.
2. We will accept your proposal to hold our present unit price for the Borrow Excavation Pay Item up to a maximum
quantity of 40,000 cy before a renegotiated unit price would be required. Any borrow quantities beyond the
40,000 cy would be at cost to ACC plus 15% markup. This is contingent upon our subcontractor agreeing to same.
Their response to us is still pending.
3. We have worked with the Suppliers/Subcontractors with which the County had referred us and have negotiated
new unit prices for the walls, contingent upon both Sound Barrier Wall Pay Items and Quantities being fully
utilized and not optional as shown in the bid. We had also agreed that Aee had made a mistake in the bid on the
Striping pay items and we would correct this by adding the cost of the striping into the revised wall unit price.
With this cost added, the revised wall unit prices are as follows:
Item # 534-72-101 Sound Barrier Wall 34,490 sf@$27.89 per sf. = $961,926.10
Item # 534-72-101 Sound Barrier Wall Private 37800 sf@$25.89 per sf. = $978,642.10
4. The additional information you requested on our two major subcontractors are attached for your review.
5. Attached are resumes of ACC Management Personnel presently available for assistance in managing this project.
We look forward to continuing our good working relationship with the County and are willing, as always, to make this
project successful for both the County and its citizens.
Should you have any questions, please feel free to contact my office directly.
Regards,
~~
~rr/
Robert G. Morphonios
Chief Operating Officer
AstaIdi Construction Corporation
Mario Lanciani
Chief Executive Officer
Astaldi Construction Corporation
Agenda Item No. 10F
~>Jovember 14, 2006
Page 1 of 34
--
EXECUTIVE SUMMARY
Recommendation to approve Contract Amendment No.6, Exhibit E, for a
Guaranteed Maximum Price (GMP) of $36,685,528 under Contract No. 04-3576,
"Construction Manager at Risk Services for Courthouse Annex and Parking
Garage", with Kraft Construction Company, Inc. for the construction of the
Courthouse Annex floors 1-7, project number 52533.
OBJECTIVE: To approve a contract amendment for a GMP of $36,685,528 under Contract No.
04-3576, Construction Manager at Risk Services for Courthouse Annex, with Kraft Construction
Company, Inc., for the construction of the Courthouse Annex.
~
CONSIDERATIONS: On March 9, 2004 (agenda item 16E7) the Board approved Contract #04-
3576, "Construction Manager at Risk Services for Courthouse Annex and Parking Garage", with
Kraft Construction Company, Inc. (Kraft) with a Pre-construction Phase Fee of $115,000 (split
equally between the Courthouse Annex and the Parking Garage). The Courthouse Annex was
initially designed as a 4-story building with the foundation to ultimately support seven stories.
The contract requires that all materials, services and subcontracts be awarded to the lowest
qualified, responsive vendor based on competition guidelines that vary by the estimated price of
the item. Collier County's actual price to be paid for the work will be the actual cost of all work
subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs
plus the Construction Manager's fees, or the GMP, whichever is less when the work has been
completed.
On July 25, 2006 (agenda item 10L) the Board approved the partial re-bidding of Contract
Amendment No.2, Courthouse Annex Building, under contract No. 04-3576, "Construction
Manager at Risk Services for Courthouse Annex and Parking Garage" with Kraft Construction
Company, Inc. and to allow Kraft to cancel most current subcontracts (the foundation,
mechanical, and site subcontractors have started work and escalation increases would be
negotiated with these firms). This price recognizes the work previously performed under
Amendment No.2, totaling $932,405.48, with the remaining funds of $19,709,394.52 that will be
utilized to offset the new GMP amount of $36,685,528.00
On October 31, 2006, Kraft submitted a GMP of $36,685,528 based on 100% construction
drawings, for the construction of the Courthouse Annex (seven floors with three finished floors).
The GMP was formulated by Kraft through the solicitation of price quotations from at least three
subcontractors from each trade. The quotes were then thoroughly reviewed by Kraft and the
design professional to ensure they matched specifications. The proposed contract amendment
to incorporate the GMP with Kraft is based on the following costs:
Commissioning
Finish Floors 4-7
Contingency
TOTAL Project Costs
Updated Cost Estimates
$4,140,000
$36,685,528
$1,134,472
$2,500,000
$44,460,000
$1,600,000
$6,000,000
$2,000,000
$54,060,000
Design/Permitting
GMP (7 stories, 3 finished)
Other project costs
Chiller Plant replacement unit
Subtotal
-
Agenda Item NO.1 OF
November 14, 2006
Page 2 of 34
Total estimated project shortfall
Available Funds
$22,844,000
10,782,210
13,000,000
$46,626,210
$7,433,790
2005 Bond Proceeds
General Fund project support (1/3 mill)
Commercial Paper (budgeted)
TOTAL funding (as of FY 2007)
The project estimate was reduced by eliminating nearly $4M of furnishings and by reducing
$500,000 in design costs by planning on the design efforts for the final three floors to be based
on a repetitive design rather than customizing each floor for the planned occupants.
On June 28, 2005, agenda item 16E10, the Board approved a contract amendment with the
architectural firm to design an additional three floors for the Courthouse Annex. The intent at
the time was to negotiate an amendment with Kraft and their subcontractors and vendors to add
floors 5 to 7 for construction once the SDP was approved and the construction documents were
complete. The design was developed and the SOP amendment for floors 5 to 7 was submitted
to the County on December 20, 2005. On July 5, 2006, the County issued a pre-approval letter
for this SOP amendment.
The building permit for the building was submitted on July 21, 2005 and is currently on the fifth
re-submittal. The current estimate is that the building permit may be approved no sooner than
December 2006.
--
FISCAL IMPACT: Funds for this contract amendment are available in the project budget of
$46,626.210 as detailed above. The funds budgeted in FY 2007 to finish the top 4 floors
(General Fund project support of $10,782,210) will instead be used to fund the initial
construction phase of the GMP. The existing budgeted funds of $46,626,210 are contingent
upon the issuance of a commercial paper loan of $13,000,000. A gross commercial paper loan
of $13,650,000 would be required for the construction of the Annex building, to pay for loan fees
and prepaid interest.
The cost to finish the remainder of the floors and the resolution to the overall project shortfall of
$7,433,790, will be submitted for Board approval once the design of those floors is complete,
conceptually during the FY2008 budget cycle. This shortfall will most likely be financed with
commercial paper in FY 2008. The commercial paper will be repaid with General Govemment
Building Impact Fees.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan and the Government Complex Projected Space Plan.
-
RECOMMENDATIONS: That the Board of County Commissioners 1) approve conclusion of
negotiations of a Contract Amendment for a Guaranteed Maximum Price (GMP) of $36,685,528
under Contract No. 04-3576, "Construction Manager at Risk Services for Courthouse Annex and
Parking Garage", with Kraft for the construction of the Courthouse Annex, project 52533, 2)
authorize Amendment No.6 (floors 1-7) to revise and replacement Amendment No.2 (floors 1-
4), 3) authorize the Chairman to execute a contract amendment with Kraft, after review by the
County Attorney's Office, in an amount of $36,685,528, and 4) authorize the issuance of a
Commercial Paper loan in the amount of $13,650,000.
PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management
Department
Aqenda Item No, 10F
November 14, 2006
Paqo 3 of 34
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10F
Recommendation to approve Contract ,Amendment No 6 ExhibIt E tor a Guaranteed
Maximum Price (GMP) Of $36.685,528 under Contract No 04~3576, Constructlon Manager at
Risk Services tor Courthouse .A.nnex and Parking Garage, With Kraft Construction Company,
Inc. for the construction of the Courthouse Annex floors 1-7 project number 52533 (Len
Price. Administrator, ,Administrative Services)
Meeting Date:
11/14120069000011M
Approved By
Ron Hovel!
Principal Project Manager
Date
Administrative Services
Facilities Management
11/312006 1 :47 PM
Approved By
Linda Best
Contracts Agent
Date
Administrative Services
Purchasing
1113/2006 2: 14 PM
Approved By
Skip Camp, CFM,
Facilities Management Director
Date
Administrative Services
Facilities Management
11/3/20064:57 PM
Approved By
Kelsey Ward
Contract Administration Manager
Date
Administrative Services
Purchasing
111312006 5: 32 PM
Approved By
Len Golden Price
Administrative Services. J\dminlstrator
Date
tl.dmlnistrative Ser/ices
Administrative Services Admin
11/312006 5:42 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
onice of Management & Budget
11/7/20064:22 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/7120064:47 PM
Agenda Item f\Jo. 10F
November 14, 2006
Page 4 of 34
EXHIBIT E
AMENDMENT NO.6 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Articles 7 and 8 of the Agreement, dated March 9.2004 between The Board of County Commissioners of Collier County,
Florida, 1I political subdivision of the State of Florida ("Owner") and Kraft ConstnICtion Comoanv. Ine.
("Construction Manager"), for management and construction of the Courthouse Annex and Parking Garage ("Project"), the Owner and Conslfllction
MalUlger hereby establish the ConslruClions Manager's fee, COSl of the Project. Guaranteed Maximum Price and Contract Time for the Work as set forth
below:
1, CONSTRUCTION MANAGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for
the Courthouse Annex Building only shall be $1,711,603.00. The Construction Phase Fee for tbe Courthouse Annex Building (7 story) only
shall be invoiced and paid in Twenty-Two (22) monthly payments of $74,417.0lt each and one final monthly payment of $74,429.00. The first
monthly Application for Payment shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by
Owner's Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and
occupancy of the Project accepted by the Owner. The Overhead and Profit Cor the Courthouse Annex Building (7 story) only far the
Construction Phase, as defined in Article 8.1.3 of the Agreement, shall be $1,737,407.00. This Overhead and Profit for the Courthouse
Annex Building (7 story) only shall be invoiced as defined in Article 8.1.3.
2, COST OF THE PROJECT
The total Cost of the Courthouse Annex Building (7 story) Project only as defined in Article 9 of this Agreement is $33.236,528.0lt. This price
recognizes the work previously performed under Amendment No.2. totaling $932.405.48, with the remaining funds of $19.709.394.52 that will
be utilized to offset the new OMP amount of $36.6&5.528.00 as the current Price.
3. GUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the Courthouse Annex Bu.ilding (7 story) Work only, including the Construction
Manaeer's Fee, O&P for the Construction Phase, and Cost of the Project is $36.685.528.00. This Price is for the performance of the Work. in
accordance with the Contract Documents listed and attached to this Amendment and marked Attachments I through 6, as foHows:
Attachment Description Pages Dated
Numher
la. Revised GMP Proposal letter with I thlll 4 10-30-06
Cost Breakdown for the Courthouse
Annex Building (7 story)
lb. Drawings, Specifications, I thru 7 10-30-06 GMP SBT
Addenda and General.
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price for the
Courthouse Annex Building
(7 story) is based.
2. Allowance items I thru 1 10- ] 0-05
3. Assumptions and clarifications I thru 7 10-27-06
made in preparing the GMP set
Guaranteed Maximum Price.
4. Completion schedule I thm 2 10-30-06 Run Date
5. Alternate prices I thru I 10-10-06
6. Unit Prices o thru 0 NA
7. Revisions to the Contract Ithrul 10-10-06
&. Completed Exhibits A. B. G, H & I I thru 5 10-30-06
Agenda Item NO.1 OF
November 14, 2006
Page 5 of 34
4. CONTRACT TIME
The total period of time beginning with the Construction Phase Commencement Date for the Courthouse Annex Building Only to the date of
Substantial Completion of the Work for the Courthouse Annex Building is 670 calendar days ("Contract Time"). .. Commencement date can
not be issued without the Building Permit ready to be issued.
Attest:
BAP'-41~~1 C;~~.
Corporate Secretary
CONSTRUCTION MANAGER
KRAFT CONSTRUCTION COMPANY, INC.
By LdC/~
/ Robert L. Carsello
Title: Chairman
By
~~
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:::. ;~:- --' -.. ~"':
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(Corpor~ s~a.) ~~::~. ..'
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As Witnessed:
OWNER
ATTEST:
DWIGHT W. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
By
DEPUTY CLERK
FRANK HALAS, CHAIRMAN
Date;
Approved as to form and legal sufficiency:
Robert N. Zachary, Assistant County Attorney
Attachment 1 a
Agenda Item r'.Jo. 10F
November 14. 2006
Page 6 of 34
October 10, 2006
Revised October 30, 2006
Mr. Ronald Hovell, Principal Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
RE: COURTHOUSE ANNEX BUILDING ONLY (7 STORY)
NAPLES, FLORIDA
Dear Mr. Hayden:
We are pleased to provide you with this GMP Cost Estimate for the proposed "Courthouse
Annex Building (7 Story)". The GMP Cost Estimate was based upon the enumerated
Project Documents as prepared by Spillis Candela DMJM, Inc. and our list of
Qualifications. Our GMP Cost Estimate is as follows:
GMP Cost for the Courthouse Annex is............ ................ $36,685,538.00
We have included a 2 % Construction Managers Contingency within this GMP amount.
If you have any questions, feel free to call.
Sincerely,
KRAFT CONSTRUCTION CaMP ANY, INe.
~r~;;::'
Vice PresidentlEstimating
Attachments:
Enumeration of the Project Documents revision dated October 30, 2006
List of Qualifications, Clarifications & Assumptions, dated October 27, 2006
lLP :wd
.2606 Horseshoe Drive S. . Naples. Florida 34104 . (239) 643-6000 . Fax (239) 643-0090
013350 Metro Parkway. Suite 304 · Fort Myers. Florida 33912. (239) 561-5181 · Fax (239] 561-5129
040 S. Pineapple Avenue. Sarasota. Florida 34236 · (941) 330-8990 . Fax (941) 330-8994
www.kraftconstruction.com
Attachment 1 a
Standard Estimate Report
Collier Courthouse Annex
Agenda Item NO.1 OF
November 14, 200eage 0
1cfj~O~ ~O PM
...~."': . ...:t '.,OOUIJtr. ':.' .'...:....:
. .,> , .. '.
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Project name Collier Courthouse Annex
Collier Cnty Govt Complex
Naples
Fl34112
Collier
Client Collier County Govt
Architect Splll1s Candela DMJM
Engineer TKW Consulting Engrs
Document Permit Set 05-26-06
Estimator Kraft Construction Co,lnc
Job size 137984 acsf
-.
Attachment 1 a
Standard Estimate Report
Collier Courthouse Annex
Agenda Item NO.1 OF
November 14, 200ljPage 1
UJi3jf20ot 11:20 PM
L ':r "."!"'P';~l," ,,' 'i,':.iJ
.' ",
Description Quantity Unit Cost Amount
1970.00 FIELD REIMBURSABLES 137,984.00 SFAC 11.50 /SFAC 1,586,849
2000.00 DEMOLITION 137,984.00 SFAC 1.32 /SFAC 181,945
2090.00 SITE SURVEY & LAYOUT 137,984.00 SFAC 0.26/SFAC 35,520
2100.00 SITE PREP & EXCAVATION 137,984.00 SFAC 7.80 /SFAC 1,076,085
2500.00 WATER, STORM, & SEWER 137,984.00 SFAC 2.18 /SFAC 300,445
2700.00 PAVING & CURBS 137,984.00 SFAC 1.58/SFAC 217,410
2800.00 SITE IMPRVMNT& LANDSCA 137,984.00 SFAC 1.981/SFAC 273,285
3000.00 CAST IN PLACE CONCRETE 137,984.00 SFAC 52.28/SFAC 7,213,243
3400.00 PRECAST CONCRETE 137,984.00 SFAC 22.80/SFAC 3,145,887
4000.00 MASONRY 137,984.00 SFAC 1
5000.00 STR STEEL & DECKING 137,984.00 SFAC 3.86/SFAC 532,231
5700.00 ORNAMENTAL METALS 137,984.00 SFAC 5.28/SFAC 728,542
5800.00 EXPANSION CONTROL 137,984.00 SFAC 0.14/SFAC 18,817
6000.00 ROUGH CARPENTRY 137,984.00 SFAC 1.79/SFAC 246,711
6200.00 FINISH CARPENTRY 137,984.00 SFAC 1
7000,00 INSULATION & MOISTURE 137,984.00 SFAC 2.18 /SFAC 300,211
7300.00 ROOFING 137,984.00 SFAC 6.97/SFAC 961,703
7800.00 FIREPROOFING 137,984.00 SFAC 0.681/SFAC 93,900
8000.00 DOORS & HARDWARE 137,984.00 SFAC 3. 834/SFAC 529,096
8500.00 WINDOWS & GLASS 137,984.00 SFAC 16.90 /SFAC 2,331,748
9200.00 PLASTER & STUCCO 137,984.00 SFAC 1
9250.00 DRYWALL 137,984.00 SFAC 9.614/SFAC 1,326,639
9300.00 TilE, STONE, COUNTERTOF 137,984.00 SFAC 0.26 ISFAC 35,309
9500.00 ACOUSTICAL 137.984.00 SFAC 2.04/SFAC 280,851
9550.00 FINISH FLOORING 137,984.00 SFAC 5.293/SFAC 730,287
9900.00 PAINT & WAll COVER 137,984.00 SFAC 1.57/SFAC 215,989
10000.00 SPECIALITIES 137,984.00 SFAC 3.2431SFAC 447,508
11000.00 EQUIPMENT 137,984.00 SFAC 0.3231SFAC 44,636
12000.00 FURNISHINGS 137.984.00 SFAC 1.651/SFAC 227,795
14000.00 CONVEYING SYSTEMS 137,984.00 SFAC 5.31/SFAC 732,069
15000.00 PLUMBING 137,984.00 SFAC 2.88/SFAC 397,038
15300.00 FIRE PROTECTION 137,984.00 SFAC 2.653/SFAC 366,009
15500.00 HVAC 137,984.00 SFAC 11.40/SFAC 1,572,513
16000.00 ELECTRICAL 137,984.00 SFAC 20.44/SFAC 2,820,400
17000.00 SYSTEMS & COMMUNICATII 137,984.00 SFAC 20.61/SFAC 2,843,727
ATTACHMENT Ib
October 10, 2006
Revised October 30, 2006
Enumeration of Project Documents
t. l>Hkt ~. if Huh t ~t\q EIH.~h\\ fin~ ". I,; r; ,~;
Agenda Item 1\10. 10F
November 14. 2006
Page 10 of 34
EXHIBIT" A"
Page Number Description Issue Date Re-Issue Date
Permit Set Plans as designed by Spillis Candela DMJM
*** Cover Sheet - Title Page 5/26/06
AO.1.0I Index of Drawings. Symbols and Abbreviations 5/26/06 7/24/06
C-I Cover Sheet, Legal and Location Map 5/26/06 6/23/06
C-2 Existing Conditions and Aerial Photo 5/26/06
C-3 Demolition Plan 5/26/06
C-4 Site Plan 5/26/06 6/23/06
C-4A Simple Elevation 3/1 0/06
C-5 Paving, Grading and Drainage Plan 5/26/06
C-6 Utility Plan 5/26/06
C-7 Paving and Drainage Details 5/26/06
C-8 Paving and Drainage Details 5/26/06
C-9 Collier County Utility Details ,- 5/26/06
C-lO Collier County Utility Details .. 5/26/06
C-l I SWP3 Plan 6/01105
C-12 Erosion Control Details 5/26/06
d, 0._'_; ,;..;.'t."....:;.,...... .- ....".Y.;'.;;;:..~:. _~_ . ',', - ,.,... .'~; '. .:'".~ ~":~'."":. .," ..,.....-...,- ,- r.~::;;",. ,.....,..' 1._, ~.._.-:;:n: .' --,......-..., .....,... . ' .,.,..... ....,.....,; ....... r.' " . ,r''''' ',-.' . -';':::::- ~,,', ;:'-:;0;.::::;..,"....
L-l Littoral Shelf Planting Plan (SDP Amendments Floors 5-7) 7/2 1104 11/30/05
lof7 SDP Existing Conditions and Vegetation Plan 9/01104 11/30/05
20f7 SOP Existing Conditions and Vegetation Plan 9/01/04 1 I/30/05
30f7 SOP - Planting Plan 9/0]/04 11/30/05
40f7 SDP - Planting Plan 9/01/04 1 I/30/05
50f7 SOP Irrigation Plan 9/01/04 11/30/05
60f7 SDP Irrigation Plan 9/01/04 11/30/05
70f7 SDP Planting Details 9/01/04 3/10/06
"",..'..0.......,.-. ..-.,,--,,1.;.... ,~~~..... T~.,:'.:c... :"".~:"', ':,"',.'f./~!"~..... ~ l.l=.-:~~'!~H'l'. -;:_.~.;;C.~i;I':~t\. ,:-<_;":h._;.;" . ....,;'".1. ...... .. ,~:.,..,....i- --,' .,:;;.c:.:. "~:-:l~... ...-,11'1 r:.~ !::.;..... ,'~ ;..,..,. . . : .' ...,.... ....". .'
S1.0.00 Abbreviations, Symbols and General Notes 5/26/06
S2.2.01 Foundation and First Level Framing Plan 5/26/06
S2.2.02 Second Level Framing Plan 5/26/06
S2.2.03 Third Level Framing Plan 5/26/06
S2.2.04 Fourth Level Framing Plan 5/26/06
S2.2.05 Fifth Level Framing Plan 5/26/06
S2.2.06 Sixth Level Framing Plan 5/26/06
S2.2.07 Seventh Level Framing Plan 5/26/06
S2.2.08 Eighth Level Roof Framing Plan 5/26/06 7/24/06
S3.0.00 Pile Cap and Foundation Details 5/26/06
S3.0.01 Pile Cap Reinforcing Details 5/26/06
S3.0.02 Footing Schedule and Foundation Details 5/26106
S3.0.03 Foundation Details 5/26106 7/24/06
S4.0.00 Column Schedule 5/26/06 7/24/06
S4.1.00 Beam Schedule and Details 5/26/06 7/24/06
10f7
-
ATTACHMENT Ib
October 10,"2006
Revised October 30, 2006
Enumeration of Project Documents
('{lain ~ meuh { Hur~hmJ''''(' ,\ tHK\ l{t" B~d
EXHIBIT "A"
Agenda Item No.1 OF
November 14, 2006
Page 11 of 34
Page Number Description Issue Date Re- Issue Date
S4.1.01 Beam Schedule and Details 5/26/06 7/24/06
S4.1.02 Beam Schedule and Details 5/26/06 7/24/06
S4.1.03 Beam Schedule and Details 5/26/06 7/24/06
S4.2.00 Shear Wall Plan and Elevations 5/26/06
S4.2.01 Partial Structural Elevation and Canopy Plan 5/26/06
S5.0.00 Masonry Schedule and Details 5/26/06
S6.0.00 Sections and Details 5/26/06
S6.0.0I Sections and Details 5/26/06
S6.0.02 Sections and Details 5/26/06
S6.0.03 Sections and Details 5/26/06 7/24/06
Al.l.Ol Architectural Site Plan 5/26/06
Al.l.lt Site Details 5/26/06
A1.2.00 Life Safety Site Plan and Calculations .. - 5/26/06
A1.2.0t First Level Life Safety Plan O' 5/26/06
Al.2.02 Second Level Life Safety Plan 5/26/06
A 1.2.03 Third Level Life Safety Plan 5/26/06
A1.2.04 Fourth Level Life Safety Plan 5/26/06
Al.2.05 Fifth Level Life Safety Plan 5/26/06
AI.2.06 Sixth Level Life Safety Plan 5/26/06
A1.2.07 Seventh Level Life Safety Plan 5/26/06
Al.3.0 1 Geometry Plan First Level 5/26/06
A1.3.02 Geometry Plan Second Level 5/26/06
Al.3.03 Geometry Plan Third Level 5/26/06
Al.3.04 Geometry Plan Fourth Level 5/26/06
Al.3.05 Geometry Plan Fifth Level 5/26/06
A1.3.06 Geometry Plan Sixth Level 5/26/06
Al.3.07 Geometry Plan Seventh Level 5/26/06
A1.3.08 Geometry Plan Eighth LevellNinth Level 5/26/06 7/24/06
A2.1.01 Demolition Plan - First Level & Second Level 5/26/06
A2.1.02 Demolition Plan - Third Level & Fourth Level 5/26/06
A2.1.03 Demolition Plan - Fifth Level 5/26/06
A2. 1. 11 Demolition Section 5/26/06
A2.1.12 Demolition Section 5/26/06
A2.2.01 Floor Plan - First Level 5/26/06
A2.2.02 Floor Plan - Second Level 5/26/06
A2.2.03 Floor Plan - Third Level 5/26/06
A2.2.04 Floor Plan - Fourth Level 5/26/06
A2.2.05 Floor Plan - Fifth Level 5/26/06
A2.2.06 Floor Plan - Sixth Level 5/26/06
A2.2.07 Floor Plan - Seventh Level 5/26/06 7/24/06
20f7
ATTACHMENTlb
October 10,2006
Revised October 30, 2006
Enumeration of Project Documents
(';:~nkr ~ ouuh ~. Hlftf~hOW;( '., nw.... HfcH~d
Agenda Item NO.1 OF
November 14, 2006
Page 12 of 34
EXHIBIT "A"
Page Number Description Issue Date Re-Issue Date
A2.2.08 Elevator Machine Room Floor PlanIRoof Plans 5/26/06 7/24/06
A2.2.11 Precast Panels Floor Plan - First Level 5/26/06
A2.2.12 Precast Panels Floor Plan - Second Level (3rd & 4th Levels Sim) 5/26/06
A2.2.13 Precast Panels Floor Plan - Fifth Level (6th Level Sim) 5/26/06
A2.2.l4 Precast Panels Floor Plan - Seventh Level 5/26/06
A2.2.15 Precast Panels Floor Plan - Eighth Level 5/26106 7/24/06
A2.3.0l Reflected Ceiling Plan - First Level 5/26/06
A2.3 .02 Reflected Ceiling Plan - Second Level 5/26/06
A2.3 .03 Relected Ceiling Plan - Third Level 5/26/06
A2.3.04 Reflected Ceiling Plan - Fourth Level 5/26/06
A2.3.05 Reflected Ceiling Plan - Fifth Level 5/26/06
A2.3 .06 Reflected Ceiling Plan - Sixth Level 5/26/06
A2.3.07 Reflected Ceiling Plan - Seventh and Eighth Levels -.. 5/26/06 7/24/06
A2.4.01 Interior Finish Plan - First Level .- 5/26/06
A2.4.02 Interior Finish Plan - Second Level 5/26/06
A2.4 .03 Interior Finish Plan - Third Level 5/26/06
A2.4.04 Interior Finish Plan - Fourth Level 5/26/06
A2.4.05 Interior Finish Plan - Fifth Level 5/26/06
A2.4.06 Interior Finish Plan - Sixth Level 5/26/06
A2.4.07 Interior Finish Plan - Seventh Level 5/26/06
A2.4.11 Enlarged Floor Patterns 5/26/06
A2.4.12 Enlarged Floor Pattern - Existing Courthouse 5/26/06
A2.5.01 Furniture Floor Plan - First Level 5/26/06
A2.5.02 Furniture Floor Plan - Second Level 5/26/06
A2.5.03 Furniture Floor Plan - Third Level 5/26/06
A3.1.01 Restrooms Enlarged Plan & Plumbing Fixtures Elevations 5/26/06
A3.1.02 Restooms Elevations 5/26/06
A3.2.01 Stair #1 Enlarged Floor Plan, Section and Details 5/26/06
A3.2.02 Stair #2 Enlarged Floor Plan, Section and Details 5/26/06 7/24/06
A3.2.03 Lobby Stair Enlarged Floor Plans and Details 5/26/06
A3.3.01 Enlarged Elevator Plans 5/26/06
A3.3.02 Enlarged Elevator Plans 5/26/06
A3.3.03 Elevator Section 5/26/06
A3.4.01 Enlarged Plans 5/26/06
A3.4.02 Enlarged Plans 5/26/06
A4.1.01 Building Elevations - West 5/26/06
A4.1.02 Building Elevations - South 5/26/06
A4.1.03 Building Elevations - East 5/26/06 7/24/06
A4.1.04 Building Elevations - North 5/26/06 7/24/07
A4.2.01 Building Sections 5/26/06
30f7
ATTACHMENT Ib
October 10,2006
Revised October 30, 2006
Enumeration of Project Documents
" 'HHWr mmh ~ <H~dhmJk,' !\~~W:\ H. H~d
EXHIBIT If A"
Agenda Item NO.1 OF
November 14, 2006
Page 13 of 34
Page Number Description Issue Date Re-Issue Date
A4.2.02 Building Sections 5/26/06
A4.3.01 Partial Building Elevations 5/26/06
A4.4.01 Wall Sections 5/26/06
A4.4.02 Wall Sections 5/26/06
A4.4.03 Wall Sections 5/26/06
A4.4.04 Wall Sections 5/26/06 7/24/06
A4.4.05 Wall Sections 5/26/06
A4.4.06 Wall Sections 5/26/06
A4.4.07 Wall Sections 5/26/06
A4.4.09 Wall Sections 5/26/06
A4.4.10 Wall Sections 5/26/06
A4.4.11 Wall Sections 5/26/06
A4.4.12 Wall Sections u 5/26/06
A5.l.0t Exterior Details .. 5/26/06
A5.l.02 Exterior Details 5/26/06
A5.1.11 Miscellaneous Details 5/26/06 7/24/06
A5 .2.0 1 Roof Details 5/26/06
AS.2.02 Roof Details 5/26/06 7/24/06
A5.2.03 Roof Details 5/26/06 7/24/06
AS.2.11 Canopy Details 5/26/06
A5.3.01 Interior Details 5/26/06
AS.3.11 Ceiling Details 5/26/06
AS 04.01 Millwork Enlarged Plans 5/26/06
A504.ll Millwork Elevations 5/26/06
A504.21 Mill work Sections 5/26/06
A6.1.01 Partition Types 5/26/06
A6.2.01 Door Schedules & Door Types 5/26/06
A6.2.02 Door Schedules & Door Types 5/26/06 7/24/06
A6.2.11 Door Details 5/26/06
A6.2.12 Door Details 5/26/06
A6.3.01 Exterior Opening Schedule 5/26/06
A6.3.02 Exterior Opening Schedule 5/26/06
A6.3.03 Interior Opening Schedule and Louver Schedule 5/26/06 7/24/06
A604.OI Exterior Openings Details 5/26/06
A604.02 Exterior Openings Details 5/26/06
A6.4.03 Exterior Openings Details 5/26/06
A6.4.1 I Exterior Openings Plan Details 5/26/06
A6.5.01 Firestop Systems Schedule 5/26/06
FO.2.01 Fire Protection Notes, Symbols & Abbreviations 5/26/06 7/24/06
F2.1.01 Demolition Plan Second Level 5/26/06
4of7
''l''i'f''''
.-':j'J
.,;,
',0.
A TT ACHMENT Ib
October 10, 2006
Revised October 30, 2006
Enumeration of Project Documents
, 'H~hn E; mH~~\ ~, m.~thHH~,C /H~W." ~~(' H~d
Agenda Item No, 10F
November 14, 2006
Page 14 of 34
EXHIBIT" A "
Page Number Description Issue Date Re-Issue Date
F2.2.00 Fire Protection Site Plan 5/26/06
F2.2.01 Fire Protection Plan First Level 5/26/06
F2.2.02 Fire Protection Plan Second Level 5/26/06
F2.2.03 Fire Protection Plan Third Level 5/26/06
F2.2.04 Fire Protection Plan Fourth Level 5/26/06
F2.2.05 Fire Protection Plan Fifth Level 5/26/06
F2.2.06 Fire Protection Plan Sixth Level 5/26/06
F2.2.07 Fire Protection Plan Seventh Level 5/26/06 7/24/06
F2.2.08 Fire Protection Plan Eighth Level 5/26/06 7/24/06
F5.1.01 Fire Protection Details & Schedules 6/10/05
F5. 1.02 Fire Protection Plan Pump Room 5/26/06
PO.2.01 Plumbing Notes, Symbols & Abbreviations 5/26/06
P2.2.01 Plumbing Plan - First Level - - 5/26/06
P2.2.02 Plumbing Plan - Second Level 0- 5/26/06
P2.2.03 Plumbing Plan - Third Level 5/26/06
P2.2.04 Plumbing Floor Plan - Fourth Level 5/26/06
P2.2.05 Plumbing Floor Plan - Fifth Level 5/26/06
P2.2.06 Plumbing Floor Plan - Sixth Level 5/26/06
P2.2.07 Plumbing Floor Plan - Seventh Level 5/26/06
P2.2.08 Plumbing Elevator Machine RoomIRoof Plans-Eighth and Ninth Levels 5/26/06
P3.2.0l Plumbing Enlarged Restrooms Plan Fuel Oil Details 5/26/06
P4.2.01 Plumbing Isometrics 5/26/06
P4.2.02 Plumbing Isometrics 5/26/06
P5.0.01 Plumbing Details 5/26/06
MO.O.OI HV AC Legend, Notes and Abbreviations 5/26/06
M2.1.0 I HV AC Demolition Plan First Level & Second Level 5/26/06
M2.1.02 HV AC Demolition Plan Third & Fourth Level 5/26/06
M2.2.01 HV AC First Level Floor Plan 5/26/06
M2.2.02 HV AC Second Level Floor Plan 5/26/06
M2.2.03 HV AC Third Level Floor Plan 5/26/06
M2.2.04 HV AC Fourth Level Floor Plan 5/26/06
M2.2.05 HV AC Fifth Level Floor Plan 5/26/06
M2.2.06 HV AC Sixth Level Floor Plan 5/26/06
M2.2.07 HV AC Seventh Level Floor Plan 5/26/06 7/24/06
M2.2.08 HV AC Eight and Ninth Levels Roof Plans 5/26/06 7/24/06
M3.2.0l HV AC Sections 5/26/06 7/24/06
M4.1.01 HV AC Chilled Water Riser Diagram 5/26/06
M4.1.02 HV AC Airflow Riser Diagram 5/26/06
M5.1.01 HV AC Details 5/26/06
M5.1.02 HV AC Details 5/26/06
50f7
A TT ACHMENT lb
October 10, 2006
Revised October 30, 2006
Enumeration of Project Documents
~ oHkr oUU(\4. '~HHH~HUS~" HHr" (ft" np~
EXHIBIT "A"
Agenda Item No. 10F
November 14, 2006
Page 15 of 34
Page Number Description Issue Date Re-Issue Date
M6.1.01 HV AC Schedules 5/26/06
M6. 1. 10 Sequence of Operations 5/26/06
EO. 1.0 I Symbols, Abbreviations & Lighting Fixture Schedules 5/26/06
EO. 1.02 Electrical Notes 5/26/06
E1. 1.00 Electrical Site Plan 5/26/06
EL1.01 Overall Electrical Site Plan 5/26/06 7/24/06
E2.2.0 I Lighting Plan First Level 5/26/06
E2.2.02 Lighting Plan Second Level 5/26/06
E2.2.03 Lighting Plan Third Level 5/26/06
E2.3.0 I Power Plan First Level 5/26/06
E2.3.02 Power Plan Second Level 5/26/06
E2.3.03 Power Plan Third Level 5/26/06
E2.3.04 Illumination & Power Plan Fourth Level (Shell Space) 5/26/06
E2.3.05 Illumination & Power Plan Fifth Level (Shell Space) 5/26/06
E2.3,06 TIlumination & Power Plan Sixth Level 5/26/06
E2.3.07 Illumination & Power Plan Seventh Level 5/26/06
E2.3.08 Electrical Plan Roof 5/26/06 7/24/06
E2.4.01 Telephone & Data Plan First Level 5/26/06
E2.4.02 Telephone & Data Plan Second Level 5/26/06
E2.4.03 Telephone & Data Plan Third Level 5/26/06
E2.4.04 Telephone & Data Plan Fourth Level 5/26/06
E2.4.05 Telephone & Data Plan Fifth, Sixth & Seventh Levels 5/26/06
E2.S.01 Fire Alarm and Security Plan First Level 5/26/06 7/24/06
E2.5.02 Fire Alarm and Security Plan Second Level 5/26/06 7/24/06
E2.S .03 Fire Alarm and Security Plan Third Level S/26/06 7/24/06
E2.5.04 Fire Alarm and Security Plan Fourth Level 5/26/06 7/24/06
E2.5.0S Fire Alarm and Security Plan Fifth & Sixth Levels 5/26/06 7/24/06
E2.S.06 Fire Alarm and Security Plan Seventh Level & Machine Room 5/26/06 7/24/06
E4.1.01 Power Riser Diagram 5/26/06 7/24/06
E4.1.02 Fire Alarm and Telephone Riser Diagram 5/26/06 7/24/06
E4. 1.03 F ire Alarm 5/26/06 7/24/06
E5.1.01 Panel Schedules 5/26/06
E5. \.02 Panel Schedules 5/26/06
E5.1.03 Panel Schedules 5/26/06
ES.1.04 Panel Schedules 5/26106
E5.2.01 Electrical Details 5/26/06
ES.2.02 Electrical Details 5/26/06
E5.2.03 Electrical Details 5/26/06
E5.2.04 Electrical Details 5/26/06
60f7
ATTACHMENT Ib
October 10, 2006
Revised October 30, 2006
Enumeration of Project Documents
~ nHwt oUid~ i Hen 'howa' ,\mH'\ 5~,',.Bid
EXHIBIT "A"
Agenda Item No.1 OF
November 14, 2006
Page 16 of 34
Page Number Description Issue Date Re-Issue Date
Specifications
*** V olume I of II - Collier County Courthouse Annex 5/26/06
*** Volume II of II - Collier County Courthouse Annex 5/26/06
*** Project Manual - Division 0, Collier County Courthouse Annex 8/15/06
"RFI'S - "Request for Information" included with Project
00016 Bid RFI 9/06/06
00019 Bid RFI 911 I106
00020 Hoist Beam 9113/06
00021 Proposed Fire Lane Concerns 9/13/06
00023 Walkway Foundation 9/13/06
00026 Room Finishes 9/15/06
00027 Annex Joints 9115/06
00028 Column Questions " - 911 5/06
00029 Firesafing .' 9/18/06
00030 Additional Question related to RFI #00029 9/18/06
70f7
,;".;>\iiillHlllti/illllllllllllll~~""IiJlilM.,,",,.!'",",""'""";""""';""_"""";'"
Agenda Item No.1 OF
November 14, 2006
Page 17 of 34
Attachment 2
10-10-06
COLLIER COUNTY COURTHOUSE
ANNEX BUnDING
"LIST OF ALLOWANCES"
1. We have included an Allowance of $100,000 for Independent Lab Testing services for the
Annex Building only.
2. We have included an Allowance of $3,500 to relocate water mains if required at the Annex
building as shown on the civil drawings.
3. We have included the Allowance of $12,000 to relocate fire mains if required at the Annex
building as per the specifications.
4. We have included the Signage Allowance of $55,000 as per the specifications.
5. We have included an Allowance of $12,000 for three flagpoles.
6. We have included an Allowance of $200,000 for termination costs associated with the
Owner's termination of our previous GMP for the 4 story Courthouse Annex. (see
Attachment 3 for further information)
7. We have included an Allowance of $25,000 for window washing anchors.
Agenda Item NO.1 OF
November 14, 2006
Page 18 of 34
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
October 10~ 2006 revised per 10-27-06 Meeting
The qualifications, clarifications and assumptions set forth in this exhibit form an integral
part of the Contract to which it is attached and to the extent necessary modify all other
exhibits, terms and conditions of the Contract that may be contradictory or that may set
forth different requirements to be complied with by Contractor. Where materials,
quantities, products and component parts are specified in this exhibit, they shall control
over any contrary provisions contained in other exhibits. Where statements are made that
information, items or services will be provided or furnished by Owner, they constitute
exclusions or alterations from the work that is otherwise set forth in the other terms and
conditions of the Contract and its exhibits. Where they state that items are not included it
means that the Work will be completed without the inclusion of such item and that if
required by Owner it will be the basis for a change order or construction change directive.
Where site conditions are specified, assumed, or assumptions as to the basis for pricing
are set forth, they control over any more comprehensively stated requirements in the
body of the Contract terms and conditions and constitute a limitation on the extent of the
Work to be performed for the guaranteed maximum or fixed price as the case may be.
DIVISION #1 - GENERAL CONDITIONS
1. Permit and impact fees are the responsibility of the Owner.
2. Primary utility service costs are the responsibility of the Owner.
3. Owner/Architect office trailers on the site are not included.
4. We have included an Allowance of $100,000 for Independent Testing Lab services.
5. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be
responsible for any deductibles.
6. The Special Inspector (i.e. Threshold Building Inspector) is by the Owner as per the
specifications.
7. Handling or abatement of asbestos containing or other hazardous material is
excluded.
8. The GMP excludes any mold or mildew abatement of existing facilities.
lof7
;
Agenda Item NO.1 OF
November 14, 2006
Page 19 of 34
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
October 10,2006 revised per 10-27-06 Meeting
9. The Direct Costs under this Agreement includes all termination charges incurred by
Construction Manager from subcontractors, their sub subcontractors, vendors,
suppliers, as a result of direction given by the Owner to Construction Manager in July
2006. Based on this direction Construction Manager previously terminated for
convenience most subcontracts and material orders previously entered into by the
Construction Manager for work on the Courthouse Annex. Construction Manager
estimates, but does not guarantee, that any such charges will not exceed $200,000.
Such amount is established as an allowance within the Guaranteed Maximum Price.
Notwithstanding the Guaranteed Maximum Price and the $200,000 allowance (which
is not subject to C.M. Fee) Owner is liable to reimburse Construction Manager for
all such termination charges for which Construction Manager is liable to such persons
even if the cumulative amount is in excess of the $200,000 allowance and the
Guaranteed Maximum Price.
10. Kraft Construction reserves the option to provide subcontract default insurance
(Subguard) in lieu of purchasing subcontractor performance & payment bonds from
the individual trade subcontractors
DIVISION #2 - SITEWORK
1. The cost to haul away any excess excavated material to another county site within ten
miles is included.
2. We have not included any Ash Urns within this GMP.
3. The existing Black Olive Grove by the Annex Building is too close to the proposed
Annex addition. Additional pruning will be required to construct the building. The
GMP includes a budget to cover this.
4. The GMP excludes the cost for test piles. These have already been completed.
5. The GMP does not include the concrete pavers, shade trees and benches at the
Pedestrian Plaza (Parking Garage as shown on sheet A1.l.01).
6. The GMP includes an allowance of $12,000 for possible fire main relocation.
7. The GMP includes an Allowance of $3,500 for water main relocation.
2 of?
Agenda Item t'-Jo. 10F
November 14, 2006
Page 20 of 34
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
October 10, 2006 revised per 10-27-06 Meeting
DIVISIONS #3 AND #4 - CONCRETE AND MASONRY
1. No qualifications
DIVISION #5 - METALS
1. The GMP includes the exterior column covers for the West Elevation columns and
the site canopy columns are as specified in Section 05700, page 6 as a painted finish
in lieu of clear anodic finish similar to the one specified in Section 07412.
DIVISION #6 - CARPENTRY
1. No qualifications
DIVISION #7 - THERMAL AND MOISTURE PROTECTION
1. The GMP excludes any fluid applied roofing. This item is only applicable to the
Parking Garage.
2. We clarify the Coping included in specification section 07620 is included for only the
duration of the roofing system, not longer, and shall be for I5-years, not the 20-years
specified in this section. A finish warranty for 20-years will be included.
3. The GMP includes only the Coping per specification section 07620. There are no
gravel stops in this project.
4. We clarify specification section 07716 is included; however, reference to it's
inclusion in the project Warranty, is excluded as well as being from the roofing
manufacturer as stated above, due to the fact the type of expansion joints specified
and required are not available from the manufacturer. It is included in the bellows
type specified from a manufacturer engaged in fabricating these products.
5. We clarify that the Coping "cap flashing" at all parapets indicated with the exception
of the portion detailed on Detail #16/A5.2.01 where it states these are "by Wall Panel
manufacturer"; it is also clarified these will not be included in the warranty covering
the other coping caps.
30f7
Agenda Item NO.1 OF
November 14, 2006
Page 21 of 34
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
October 10,2006 revised per 10-27-06 Meeting
6. All non-roofing manufacturer supplied sheet metal is stainless steel metal as specified
and are shop fabricated by CRSMFI and non-applicable to the 140-MPH criteria in
07620. These are not available to be included in the metal warranty addenda and are
excluded from such accordingly.
7. Provide manufacturer's Materials and Labor warranty against defects for a period of
15 years including the roofing membrane and the coping *not 20-years indicated in
07620); those metal fabrications not available from the manufacturer are excluded
from the warranty, regardless and contrary to the project specifications.
8. Section 07811 Sprayed Fireproofing is not included in the GMP.
9. The GMP includes the Roof Hatch. Roof curbs are provided by the mechanical
contractor.
10. The GMP includes the Metal Wall panels and Interior Column Covers as
manufactured by Alucobond. The panels and column covers will be 4 MM thick in
lieu of the 8 MM as specified in the Centria specification. The 4 MM metal will allow
you to provide tighter comers and radius. Alucobond can provide the panels with a
thickness of 6 MM thickness if necessary, even though the 4 MM thickness has been
used without "oil canning". The finish shall be fluoropolymer paint finish or equal.
(see Section 07412, page 6)
DIVISION #8 - DOORS AND WINDOWS
1. No qualifications.
DIVISION #9 - FINISHES
1. The temporary wall will be constructed similarly to a 2-hour wall assembly but will
not be a true 2-hour wall.
2. Anti-fracture underlayment and control joints are included for the epoxy terrazzo
flooring. Glass or plastic aggregates are not included.
3. Water repellants are included at the exterior side only of the architectural precast
panels.
40f7
Agenda Item No.1 OF
November 14, 2006
Page 22 of 34
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
October 10, 2006 revised per 10-27-06 Meeting
DIVISION #10 - SPECIALTIES
1. We have included an Allowance of $12,000 for three (3) Flagpoles.
2. We have included the Signage Allowance of $55,000 as per the specifications.
3. We have included providing the Metal Canopy Soffit Panels & Fascia panels as
manufactured by Armstrong. (Armstrong Metal Linier Ceiling System).
DIVISION #11 - EQUIPMENT
1. We have included an Allowance of $25,000 for window washing anchors.
2. We have not included a Parking Control System @ the existing lot since it is now
being utilized for Handicap parking.
DIVISION #12 - FURNISHINGS
1. The GMP excludes the roller shades for floors 4,5.6,7 as indicated on the drawings as
"Future" .
DIVISION #13 - SPECIAL CONSTRUCTION
1. No qualifications.
DIVISION #14 - CONVEYING SYSTEMS
1. We have included the Passenger Elevators #1,2 and 3 at a Rated Speed of 350 fpm in
lieu of the 400 fpm specified as manufactured by ThyssenKrupp Elevator.
50f7
Agenda Item No.1 OF
November 14, 2006
Page 23 of 34
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
October 10,2006 revised per 10-27-06 Meeting
DIVISION #15 - MECHANICAL
1. We have included providing standard hub bands for the No Hub Cast Iron piping.
2. We have already installed the underground Chilled Water lines to within 5'-0" of the
Courthouse Annex building from the Central Energy Plant. (Not shown on the Civil
drawings yet.
DIVISION #16 - ELECTRICAL
1. Installation only of Fire Pump A TS/Controller included in base.
2. Conduit and wire shown on Sheet E4.1.01 designated for future floors is not included
in this proposal. It is assumed that this portion will be furnished and installed under a
separate contract.
3. CCTV, Card Access, and TelelData Systems are conduit stub-ups with back box and
pull string to just above accessible ceiling only included in base.
4. Included in the base is the feeder from 'MDP' to 'ATS' and 'MDPE' to generator
(which is not shown on the drawings) with the assumed size of (3) 4" conduits wI (4)
600MCM and (1) 1/0 A WG ground for each feeder.
5. Included in the base is (1) 4" conduit 100' in length and (1) Handhole, for the
relocation of the Sprint conduit system reflected on Sheet C-5.
6. Relocation of site utilities (with the exception of the Sprint conduit) is not included.
7. A 'Single Point Connection' only is included for all owner furnished and installed
furniture.
8. Included is the 'Safe-Off' only of circuits feeding the glass structure to be
demolished. All demo by others.
9. A Lightning Protection System wI Counterpoise for the Annex building is included.
60f7
Agenda Item No. 10F
November 14, 2006
Page 24 of 34
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
October 10, 2006 revised per 10-27-06 Meeting
10. Generator including a 550 gallon sub-base tank is included per drawings and
specifications.
11. Remote filling or controls for the emergency generator is not included.
12. The remote control station (F.B.O.) is assumed to be within 10' -0" from the roll up
door.
13. (1) 2" conduit from the new FACP stopped at the elevator lobby of the build out is
included. Conduit from this location to the existing FACP is not included as the
location is not known.
14. Electrical power for the telephone rooms is included as what is shown on the
drawings only. No provisions for any 'rack mounted' type IG receptacles are
included.
DIVISION #17 - FACILITY MANAGEMENT SYSTEM
1. We have not included any costs to provide an X-Ray Screening machine.
70f7
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Agenda Item NO.1 OF
November 14, 2006
Page 28 of 34
10-10-06
ATTACHMENT #5
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING
"LIST OF ALTERNATES"
ALTERNATE #1:
Remove existing finish floor at the existing ground floor of the Courthouse Lobby areas
and provide new epoxy terrazzo floor as specified in Section 09402. No Floor plan layout
issued for this area at this time.
ADD
$ T.B.D.
ALTERNATE #2:
Demolish and remove the existing exterior Glass Block System, inclusive of structural
supports at the Fifth through Sixth floors of the existing Courthouse and replace with new
Aluminum Storefront System specified in Section 08411 and as indicated on drawings.
(Need a design for the structural reinforcement to final price.)
ADD $ T.B.D.
Agenda Item No.1 OF
November 14, 2006
Page 29 of 34
10-10-06
Attachment 7
Collier County Courthouse Annex and Parking Garage
Revisions to the Contract
1. In article 8.1.2(b), replace the "TBDs" as follows:
a. First "TBD" change to "One (1)"
b. Second "TBD" change to "$1,985.00" for Garage and "$3,600.00" for
Annex
2. In article 8.1.2(c), replace the "TBDs" as follo-ws:
a. First "TBD" change to "$10,000.00"
b. Second "TBD" change to "$10,000.00':
c. Third "TBD" change to "5%" .
d. Fourth "TBD" change to "$10,000.00"
3. In article 8.1.3, change the "TBD" to "5%"
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
EXHIBIT A
Owner:
(ANNEX BUILDING ONLY)
Board of County Commissioners, Collier County, FL
Design Professional
Construction Manager
Pete Tuffo (Offsite)
Joe Pressler (Offsite)
Eddie Pullen and/or Mike McCoy (Offsite)
Wendy Duckworth and/or Lyn Ross (Offsite)
Mark Lewandowski and/or Allen Clark (Offsite)
Laurie Mattingly (Offsite)
Mark Styles and/or TBD (Offsite)
Pete Murphy (Offsite)
TBD (Onsite)
Travis Smith and/or Daniel Leatherman (Onsite)
Lisa Harvey (Onsite)
David Clarkson (Onsite)
TBD (Onsite)
John Antaramian (Onsite)
Debbie Garrote (Onsite)
Agenda Item No. 10F
t~ovember 14, 2006
Page 30 of 34
10-30-06
Owner's Representative: Ron Rovell
Purchasing Agent: Scott D. Johnson
Project Principal
Construction Administrator
Site Representative
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Architectural Inspector
Project Executive
Vice Presi~ent, Estimating
Estimator _
Estimator Assistant
M.E.P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
Accounting Billing Clerk
35
Agenda Item NO.1 OF
November 14, 2006
Page 31 of 34
EXHIBIT B
CONSTRUCTION MANAGER'S PERSONNEL
(ANNEX BUILDING ONLY)
OFF-SITE SUPPORT STAFF
1 0-30-06
Pete Tuffo
Joe Pressler
Eddie Pullen and/or Mike McCoy
Wendy Duckworth and/or Lyn Ross
Mark Lewandowski and/or Allen Clark
Laurie Mattingly
Mark Styles and/or TBD
Pete Murphy
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
ON-SITE SUPPORT STAFF
TBD
Travis Smith and/or Daniel Leatherman
Lisa Harvey
Debbie Garrote
David elarkson
TBD
John Anatramian
Project Manager
Assistant Project Manager
Administrative Assistant
Accounting Billing Clerk
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
36
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
EXHIBIT G
EXTENSIONS PER 8.1.2 (1 )(b)
(ANNEX BUILDING ONLY)
Individual
Pete Tufto (Offsite)
Joe Pressler (Offsite)
Eddie Pullen and/or Mike McCoy (Offsite)
Wendy Duckworth and/or Lyn Ross (Offsite)
Mark Lewandowski or Allen Clark (Offsite)
Laurie Mattingly (Offsite)
Mark Styles or TBD (Offsite)
Pete Murphy (Offsite)
TBD (Onsite)
Travis Smith &lor Daniel Leatherman (Onsite)
Lisa Harvey (Onsite)
Debbie Garrote (Onsite)
David Clarkson (Onsite)
TBD (Onsite)
John Antaramian (Onsite)
Title
Project Executive
Vice President, Estimating
Estimators
Estimator Assistant
M.E.P. Coordinators
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Accounting Billing Clerk
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
43
Agenda Item NO.1 OF
[\,)overnber 14. 2006
Page 32 of 34
1 0-30-06
Percentage
of Time
Available
20%
10%
5%
10%
10%
20%
5%
10%
100%
1 00%
100%
100%
100%
75%
100%
i"","~~~~iIl~,lilit>;i:!J!Jl""li"";"",.~;"",,,,",,;,"";;I";""",;i;!:I,"';"'"",1;,;;.',,,.,,:,,:,,,,,,,,,,,;....;.,
EXHIBIT H
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
(ANNEX BUILDING ONLY)
Individual
Pete Tuffo
Joe Pressler
Eddie Pullen &Jar Mike McCoy
Wendy Duckworth and/or Lyn Ross
Marl Lewandowski &lor Allen Clark
Mark Styles or TBD
Laurie Mattingly
Pete Murphy
Title
Duration
in Months
Project Executive
Vice President, Estimating
Estimators
Estimating Assistant
M.E.P. Coordinators
Schedulers
D.M.P. Clerk
Safety Inspector
22
22
22
22
22
22
22
22
44
Agenda Item NO.1 OF
November 14, 2006
Page 33 of 34
1 0-30-06
Percentage
of Time
Available
20%
10%
5%
10%
10%
5%
20%
10%
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
Individual
TBD
Travis Smith &Jor Daniel Leatherman
Lisa Harvey
Debbie Garrote
David Clarkson
TBD
John Antaramian
(ANNEX BUILDING ONLY)
Title
Project Manager
Assistant Project Manager
Administrative Assistant
Accounting Billing Clerk
Superintendent (Annex)
Assistant Superintendent
Labor Foreman
45
Duration
in Months
22
22
22
22
22
]6.5
22
Percentage
of Time
Available
100%
100%
100%
100%
100%
100%
100%
Agenda Item f\lo. 10F
November 14. 2006
Page 34 of 34
10-30-06
Agenda Item No.1 OG
November 14, 2006
Page 1 of 14
...-.,
EXECUTIVE SUMMARY
Recommendation to approve a change in wastewater service for the Collier County
Government Complex from the City of Naples to the Collier County Water-Sewer District
and to direct the County Manager to negotiate an "Inter-Local Agreement - Accord and
Satisfaction" with the City of Naples to supersede an existing 1977 Inter-local Agreement,
as amended.
OBJECTIVE: To approve a change in wastewater service for the Collier County Government
Complex from the City of Naples to the Collier County Water-Sewer District and to direct the
County Manager to negotiate an "Inter-Local Agreement - Accord and Satisfaction" with the
City ofN aples to supersede an existing 1977 Inter-local Agreement, as amended.
CONSIDERATIONS: The wastewater service for the Collier County Government Complex is
currently being provided by the City of Naples per Addendum No.3 (dated November 1984) to
the October 16, 1977 Agreement between the City of Naples and Collier County. The County
Complex is within the boundaries of the Collier County Water-Sewer District (CCWSD), but in
an area served by the City of Naples. At the time of the original agreement in 1977, the County
did not have wastewater service available at the County Complex. A pump station on the
Complex transmits wastewater approximately 9,100 feet through a six inch (6") forcemain
(known as the Linwood Avenue forcemain) to a sixteen inch (16") forcemain at the intersection
_ of Commercial Drive and Davis Boulevard, which is the nearest connection point to the main
portion of the City's wastewater system. The Shadowlawn Elementary School also receives City
wastewater service through the Linwood Avenue forcemain.
A study completed in 1988 recommended a ten inch (10") forcemain be constructed between the
existing pump station on the County Complex and the County's wastewater system. This
construction work was partially completed in 1992, but the final connection to the County's
wastewater system was not made until last year. A study completed by Agnoli Barber &
Brundage, Inc., in March 2004 concluded that the most feasible method to provide wastewater
service to the County Complex is by switching to the County's wastewater system located on
Palm Drive. The Linwood A venue forcemain cannot both accommodate the wastewater flows
and comply with Florida Department of Environmental Protection requirements that apply to the
wastewater flows from the Naples Jail Expansion (completed in October 2005) and the
Courthouse Annex (construction about to start).
When Hurricane Wilma knocked out the City's water and wastewater service to the County
Complex in October 2005, connections were made to the County's water and wastewater
systems by installing the final one hundred eighty feet (180') of water and wastewater lines
partially constructed in 1992. In January of 2006, the services were switched back to the City.
_.
Meetings have been held between the County Manager and the Naples City Manager to
determine a way forward. The following scenario contains staffs recommendations concerning
water and wastewater services:
I. At the County's expense, set the valves at the County Complex to send wastewater flows
to the CCWSD's wastewater treatment facilities.
Executive Summary
County Complex Wastewater
Page 2
Agenda Item NO.1 OG
November 14, 2006
Page 2 of 14
2. At the County's expense, connect the Shadowlawn Elementary School to the CCWSD's
wastewater treatment facilities.
3. Resolve ownership dispute related to the 6" Linwood Avenue forcemain by accepting
ownership and discontinue use (it will serve no further purpose after actions (1) and (2),
above).
4. Operate the existing City/County wastewater interconnect (originally built for
emergencies) on the southwest comer of Horseshoe Drive and Airport Road to send
wastewater flows equivalent to those generated by the County Complex and the
Shadowlawn School to the City's wastewater system.
5. At the County's expense, upgrade the existing interconnect at Horseshoe Drive and
Airport Road to include telemetry and motor operated valves (MOV).
6. At the County's expense, make improvements to the two lift stations that service the
Horseshoe area, the lift station on the County Complex, and the Shadowlawn School lift
station by adding transducers (this equipment provides reliable measurements of flows
for each lift station).
7. At the County's expense, reimburse the City $50,935.62 for its contribution to the design
and construction costs of the Horseshoe Interconnect Project.
8. The CCWSD will operate the valves at the Horseshoe Interconnect to equalize the flows
from the County Complex and Shadowlawn School to the CCWSD and the flows from
the Horseshoe Interconnect to the City's wastewater system.
9. Affinn that City water and City wastewater service to the County Complex shall not
include any surcharge.
10. Specify that water pressure from the City to the Complex shall be supplied at a pressure
of not less than 50 pounds per square inch.
11. County Manager to negotiate an Inter-Local Agreement (draft attached as Exhibit A)
between the County and the City that rescinds most previous agreement provisions and
most amendments.
12. County to forgive water and wastewater surcharges from the City.
FISCAL IMPACT: Funds in the amount of $354,535.62, summarized below, are available in
the project budget. The source of funds will predominantly be a commercial paper loan to be
repaid with ad valorem revenues.
Connect Shadowlawn Elementary School
Upgrade Horseshoe Interconnect
Install Wastewater Flow Meter at Complex
Install Wastewater Flow Meter at School
Lift Station Improvements
Reimburse City of Naples for Interconnect
Total
$ 50,000.00
$ 95,000.00
$ 78,000.00
$ 75,600.00
$ 5,000.00
$ 50,935.62
$354,535.62
,.-
Additionally, water and wastewater surcharges will no longer be paid to the City, resulting in
future County savings on the City's water and wastewater bills. From 1997 to 2005, these
surcharges were in excess of $650,000.
Executive Summary
County Complex Wastewater
Page 3
Agenda Item NO.1 OG
November 14, 2006
Page 3 of 14
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management and the Main Government Complex Master Space Plan.
RECOMMENDATIONS: That the Board of County Commissioners approve the changes in
wastewater service for the Collier County Government Complex and Shadowlawn School, and
direct the County Manager to negotiate an "Inter-Local Agreement - Accord and Satisfaction"
with the City of Naples.
PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management
Department and Joe Bellone, Manager Operations Support, Public Utilities Division
-
-
Item Number:
Item Summary:
Meeting Date:
Aqenda Item No. 10G
November 14, 2006
Page 4 of 1<1
COLLIER COUNTY
BOARD OF COUN1Y COMMISSIONERS
10G
Recommendation to approve a change In wastewater service for the Collier County
Government Complex from the City of f'llaples to tne Collier County Sewer District and to
direct the County fv1anager 10 negotiate an Inter-Local Agreement Accord and Satisfaction
with the City of Naples 10 supersede an eXisting 1977 Inter-Local Agreement 35 amended
tJl!n DeLony, Administrator, Public Utilities}
',1/1412006 9 00 00 AM
Principal Project Manager
Date
Prepared By
Ron Hovel!
Administrative Services
Facilities Management
10130120068:35:52 AM
G. George Yilmaz
WasteWater Director
Date
Approved By
Public Utilities
WasteWater
10130/20063:27 PM
Skip Camp, C.F.M.
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
10/31120064:57 PM
Approved By
Ron Hovel!
AdmInistrative Services
Princip.J1 Project Manager
Date
Facilitles Management
10131/200610:42 PM
Operations Director
Date
Approved By
Thomas Wldes
PUbliC Utilities
PlJbllc Utilitie$ Operations
11/112006 1 :38 PM
Public Utililles Administrator
Date
Approved By
James W. DeLony
Pubiic Utilltie!.
Pubhc Utilitie~ AdministratIOn
11./1/2006 :.1:45 PM
Len Golden Pnce
AdminIstrative Services Administr.ltor
Date
Approved By
Administrative Services
Administrative Sen/ices J\dmin
11/112006 359 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
1112/200611 ;56 AM
Susan Usrlcr
Sell lor Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/6/20065:07 PM
Michael SmYKow~ki
Management & Budget Director
Date
Approved By
County Manager's Dfflce
Otlice of Management & Budget
1117/2D06 8:24 AM
James. V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
11/7/200;33:10 PM
Agenda Item NO.1 OG
November 14. 2006
Page 5 of 14
1 City of Naples Water and Wastewater Service
2 INTERLOCAL AGREEMENT - ACCORD AND SATISFACTION
3
4 THIS INTERLOCAL AGREEMENT, (herein "this Agreement") is entered into this
5 day of , 2006, between the City of Naples, Florida ("City") and
6 the Board of County Commissioners of Collier County, Florida ("County"), as the
7 Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier
8 County Water-Sewer District ("CCWSD").
9
10 ARTICLE ONE - BACKGROUND INFORMATION
11
12 1. By enactment of City of Naples Ordinance No. 2698 (passed 2nd reading on June
13 15, 1977), the City exercised its Chapter 180, Florida Statutes, power and authority to
14 extend the City's water and wastewater utility facilities into specific geographic areas in
15 unincorporated Collier County as such areas are depicted by a one (1) page map and a
16 twenty-one (21) page legal description that was attached to and made a part of that
17 Ordinance.
18
19 2. The County and the City entered into a Basic Agreement (the "BA") effective
20 October 16, 1977. The original BA addressed only potable water service from the City to
21 specified geographic areas in unincorporated County (as such areas are described by
22 the legal description in Exhibit "A" that was attached to the BA). The following items
23 were attachments to the original BA:
24 a. Exhibit "A" - (2 pages). Page 1 of Exhibit A is a "metes and bounds
25 legal description" of the City's Water Service Area Boundary. Page 2 of that
26 Exhibit "A" is a map (graphic) depicting the then existing geographic boundaries
27 of the City's Water Service Area.
28 b. Exhibit "B" is a 1-page map (graphic) entitled "City Franchised
29 Water Service Area."
30 c. Exhibit "C" is a 1-page map (graphic) denoted as "City Raw Water
31 Transmission Main and Supply Wells."
32 d. Exhibit "D" is a 5-page "preliminary report" (in letter form) signed by
33 Ted Smallwood on behalf of "BC&E/CH2M Hill." That Report (at its page 5)
34 states that it is "... a preliminary report intended only to provide general guidance
35 to both the City and County in establishing policy for the future of the respective
36 governing bodies' utilities."
37
38 3. Addendum #3 to the BA addressed (for the first time) wastewater service from
39 the City to specified geographic areas in unincorporated Collier County.
40 4. The original BA has been amended by two (2) "Amendments" and by nine (9)
Agenda Item NO.1 OG
November 14, 2006
Page 6 of 14
41 "Addendums." The SA and the eleven (11) amending agreements are:
Citv's Authorization Effective Date Item's Descriotion Aoolicabilitv
City Res. No. 2783 October 16, 1977 The Basic Agreement Active
City Res. No. 3284 June 20,1979 Addendum # 1 Added 2 water
meter sites
City Res. No. 3305 August 1, 1979 Addendum # 2 Added 1 water
meter site
City Res. No. 3502 April 2, 1980 AMENDMENT # 1 Fully Executed
City Res. No. 84-4526 August 15, 1984 AMENDMENT # 2 Fully Executed
City Res. No. 84-4598 November 7, 1984 Addendum # 3 Active
City Res. No. 86-5136 November 3,1986 Addendum # 4 Fully Executed
City Res. No. 86-5160 December 3,1986 Addendum # 5 Fully Executed
City Res. No. 87-5430 November 18, Addendum # 6 Fully Executed
1987
City Res. No. 89-5733 February 1,1989 Addendum # 7 Fully Executed
City Res. No. 90-6117 May 16,1990 Addendum # 8 Fully Executed
City Res. No. 91-6347 April 3, 1991 Addendum # 9 Fully Executed
42
43 Informational Notes: The original BA agreed that the City would supply water at the following four (4)
44 water interconnect locations: U.S. 41 and Thomasson Drive; Radio Road one mile north of Pine Ridge
45 Road; Pulling Road two miles north of Pine Ridge; and U.S. 41 and 91st Avenue North, Naples Park.
46
47 ADDENDUM #1 agreed that the City would supply water at the following added two (2) interconnection
48 points: Lakewood Unit #7 - Boca Cieca Drive and Marcor Drive; and Kings' Lake - Evergreen Lake
49 Road in the vicinity of Lakewood Boulevard.
50
51 ADDENUM #2 added one (1) additional water service connection point as follows: King's Lake North -
52 Eastern end of Estey Drive.
53
54 AMENDMENT #1 (a) amended BA paragraph 13 to agree that the City was to quitclaim specified utility
55 facilities to the County regarding the City's water service to the BA's Exhibit B water service area; (b)
56 added a new paragraph 13A into the BA (regarding planned relocation of City-owned water tank) and (c)
57 amended BA paragraphs 7,8, 11 and 21.
58
59 AMENDMENT #2 (a) added a new subparagraph (h) to BA paragraph 2 (to add one additional connection
60 point to the City's 5 million gallon water storage tank, located at Carica Road, subject to the County
61 assuming permanent water service to the geographic areas described as south of township line between
62 Townships 48 South and 49 South, outside of the City's water service area as depicted on the BA's
63 Exhibit A; (b) Amended the BA's paragraph 3 to establish a rate payment formula applicable to only BULK
64 water sold by the City to the County; (c) Amended paragraph 7 to the BA to agree that the water meter at
65 U.S. 41 and Thomason Drive would remain in place and continue to be used; (d) Also amended the BA's
66 paragraph 8 to agree that the City could limit the quantities of its supply of BULK rate City treated water;
67 (e) Deleted BA paragraphs 9 and 10; (f) Amended BA paragraph 12 to agree that the City could limit the
68 quantity of the City's supply of BULK water if the County did not commence construction of specified
69 water facilities by January 1, 1989; and (g) Amended BA paragraph 13A to agree that the County would
70 pay interest regarding specified construction costs.
71
72 Addendum #3 acknowledged that the City was serving (and would continue to permanently serve) twenty-
73 two (22) geographic areas listed therein with wastewater service and also agreed to many specifics
74 regarding that wastewater service. Paragraph 7 in Addendum #3 refers to then existing contingencies
75 regarding possible wastewater service from the City to the Pine Ridge Industrial Park. (Permanent
76 wastewater service to the Pine Ridge Industrial Park is currently being provided by the CCWSD).
77
78 Addendum #4 transferred the Pelican Bay Improvement District to the CCWSD for permanent water
79 service and transferred the following (as therein described) water service sites: Located on the west side
2
Agenda Item NO.1 OG
November 14, 2006
Page 7 of 14
80 of Airport Road and south of Pine Ridge Road) to the City for permanent wastewater service from the
81 City: Bear's Paw, Poinciana Village, Poinciana School, Pine Woods, Naples Bath and Tennis, and The
82 Falls.
83
84 Addendum #5 transferred the Sutherland Center to the City for five (5) years of interim water service from
85 the City. (The CCWSD now supplies permanent water service to the Sutherland Center).
86
87 Addendum #6 agreed that the City would provide interim water service to the Pine Ridge Middle School.
88 (The CCWSD now supplies permanent water service to that school.)
89
90 Addendum #7 agreed that the City would provide interim water service to the East Naples Community
91 Park. (The CCWSD now supplies permanent water service to that Park.)
92
93 Addendum #8 agreed that the City would supply bulk potable water service to the Wyndemere
94 Subdivision. (The CCWSD now supplies permanent water service to that subdivision)
95
96 Addendum #9 agreed that the City would provide interim water service to the North Naples Fire Station.
97 (The CCWSD now supplies permanent water service to that Fire Station.)
98
99 5. Only the original BA (regarding water service), and Amendment #2 (amending
100 the BA's Paragraph 3 to create a rate payment formula applicable to BULK water sold
101 by the City to the County), and Addendum #3 (regarding City wastewater service
102 including no sewer service surcharge to twenty-two listed geographic areas) have
103 provisions that have not been fully executed. All of the other ten (10) above-listed items
104 have been fully executed. Several of those items applied for limited time periods that
105 have come and gone.
106
107 6. Except as provided in paragraph 5, above, this Agreement cancels and
108 supersedes the BA, the two (2) amendments to the BA and the nine (9) addendums to
109 the BA. This Agreement does not affect any previously executed aspect of the BA, or
110 any amendment or addendum to the BA, such as and without limitation: (a) transfer of
111 title to any real property and/or any previously executed transfer of title to any personal
112 property; (b) any prior grant of, transfer of, or any other right to use any property
113 including easements; nor (c) any prior grant of any right to use personal property. This
114 Agreement does not affect any now existing water interconnection service site, any right
115 of any water or sewer service customer or service site, or any third party beneficiary.
116
117 7. Term of this Agreement. This Agreement shall continue until, if and when,
118 terminated in writing by the City and the County.
119
3
Agenda Item No.1 OG
November 14,2006
Page 8 of 14
120 8. Amendments to this Agreement. This Agreement shall be amended only by
121 written amending agreement(s) executed by the City and by the County and which shall
122 include the following example (title): "This First Amending Agreement amends the 2006
123 City of Naples, Collier County Interlocal Agreement - Accord and Satisfaction." The
124 Second Amending Agreement shall be titled "This Second Amending Agreement ...."
125
126 9. Successors and Assigns. This Agreement shall be binding on the successors
127 and/or assigns, if any, of the City, the County and/or the CCWSD.
128
129 10. Definitions. "Complex" refers to the County Courthouse Complex. "County"
130 means "Collier County." "CCWSD" means "the Collier County Water-Sewer District."
131 "Imputed sewer service gallonage" means the quantity of sewer service gallonage
132 determined by a percentage of water supplied by the City to the respective service site
133 or service geographic area. "Horseshoe Drive Areas" refers to the South Horseshoe
134 Drive Area/Collier Industrial Park, plus the Coconut River Estates Area (in residential
135 use), and plus the River Reach Area (in residential use). "In-City rates" means City
136 water service rates and/or sewer service rates that do not include any surcharge. "Out-
137 of City rates" means City water service rates and/or sewer service rates that can include
138 the City's discretionary 25% surcharge. "Meter measured gallonage" refers to the
139 gallons of water and/or sewage gallonage measured by a water meter or sewer flow
140 meter. "School site" refers to the Shadowlawn Elementary School site. "Sewer" and
141 "wastewater" are synonymous. "Surcharge" means the City's Subsection 180.191 (1 )(a),
142 Florida Statutes, twenty-five percent (25%) surcharge.
143
144 ARTICLE TWO
145 CITY'S EXISTING WATER AND SEWER SERVICE
146 TO UNINCORPORATED AREAS OF COLLIER COUNTY
147
148 1. CITY'S EXISTING WATER SERVICE AREA BOUNDARIES IN
149 UNINCORPORATED COLLIER COUNTY. The geographic boundaries of the City's
150 existing water service areas in unincorporated Collier County are depicted in Exhibit
151 "_" attached to this Agreement. Pursuant to this Agreement, the City shall continue to
152 provide those water services to those geographic areas.
4
Agenda Item NO.1 OG
November 14, 2006
Page 9 of 14
153
154 2. CITY'S EXISTING SEWER SERVICE AREA BOUNDARIES IN
155 UNINCORPORATED COLLIER COUNTY. The geographic boundaries of the City's
156 existing sewer service areas in unincorporated Collier County are depicted in Exhibit
157 "_" attached to this Agreement. The City shall continue to provide its sewer service to
158 those geographic areas, excepting only the Complex and the School site. In accord
159 with the BA and its Addendum #3, throughout the term of this Agreement the City's
160 sewer rates, fees and charges to be applied to the Complex shall be and remain the
161 same as the City's then existing in-City sewer rates, fees and charges. For sewer rates
162 fees and charge purposes, throughout this Agreement, the Complex shall be treated as
163 if it is physically located within the City's geographic boundaries. Those geographic
164 areas are depicted in Exhibit "_" attached to this Agreement.
165
166 ARTICLE THREE
167
168 1. WATER AND SEWER SERVICE TO THE COMPLEX, SCHOOL SITE, AND THE
169 HORSESHOE DRIVE AREAS.
170
171 A. City Water Service to School site. The City shall continue to supply water
172 service to the School site, shall invoice the school site and retain all such water service
173 revenues.
174 B. City Water Service to the Complex; Rates; Minimum Water Pressure. The City
175 shall continue to supply water service to the Complex by applying its generally
176 applicable in-City water rates (no surcharge). The water pressure shall not be less than
177 fifty (50) pounds per square inch as pressure tested at the water meters that
178 interconnect that water to the Complex.
179 C. Sewer Service Supplied by the City to the Complex and School Site
180 Transferred to the CCWSD; City Sewer Rates to School Site. The City has been
181 supplying sewer service to the Complex and School site (through the Linwood Avenue
182 force main). At no cost to the City, the County will disconnect the Complex and School
183 site from the Linwood force main and concurrently connect both of these two service
184 sites to the CCWSD's sewer system. This Agreement does not control the City's sewer
185 rates to be applied by the City to the School site. Applying the City's then generally
5
Agenda Item No. 10G
November 14, 2006
Page 10 of 14
186 applicable sewer service rates, the City shall collect and retain all of those revenues.
187 D. Sewer Gallonaqe Imputed to the School site. Each billing-cycle the sewer
188 service gallonage to be imputed to the School Site shall be fixed by applying 100% of
189 the City's metered water gallonage supplied to the School site.
190 E Quantitv of Sewer Service Imputed to the Complex - City's in-City sewer
191 service rates. The sewer service gallonage to be imputed to the Complex shall be fixed
192 by 100% of City meter measured gallons of only the "net potable water" supplied to the
193 Complex each City billing-cycle. The following City supplied water shall be excluded to
194 calculate the sewer service gallonage imputed to the Complex: City water for irrigation;
195 City water for use by the County's cooling tower, and (3) City water for other future
196 water uses, if any, if that water will not increase the sewage gallonage coming from the
197 Complex (into the CCWSD's sewer system). The City shall apply its generally
198 applicable in-City sewer service rates to the Complex (no sewer surcharge). For these
199 sewer rate purposes the Complex shall be treated as if it is (and remains) wholly within
200 the City's geographic boundaries.
201 2. THE HORSESHOE DRIVE AREAS: WATER AND SEWER SERVICE TO
202 THESE AREAS; SEWAGE EQULlIZATION TRANSFERS FROM CCWSD TO CITY.
203
204 A. Sewer Service to the Horseshoe Drive Areas. The CCWSD has been providing
205 sewer service to the Horseshoe Drive Areas. And by agreement with the CCWSD,
206 applying the CCWSD's sewer service rates, the City has been collecting these revenues
207 and has been remitting those revenues to the CCWSD. The City shall continue to
208 collect those revenues from the customers in the Horseshoe Drive Areas and shall
209 continue to remit those sewer service revenues to the CCWSD. By means of the
210 sewage equalization transfers (See Paragraph F, below), and that the School
211 administration shall pay the City for the sewer service gallonage imputed to the School
212 site (as invoiced by the City to the School site), and that the County shall pay the City
213 for the sewer service gallonage imputed to the Complex (as invoiced by the City to the
214 County), the City will thereby be paid in full for the sewage equalization transfers
215 delivered to the City through the Horseshoe Drive Interconnection (the net result being
216 the same as if that sewage gallonage is delivered to the City's system from the Complex
217 and from the School site).
6
Agenda Item NO.1 OG
November 14, 2006
Page 11 of 14
218 B. Horseshoe Drive Interconnection. This interconnection point is located near
219 the southwest corner of Airport Pulling Road and North Horseshoe Drive (The location
220 is depicted on Exhibit "_" attached to this Agreement). The County has installed a
221 sewage flow meter at this interconnection point. The CCWSD shall continue to own,
222 maintain, repair, and if necessary, replace the flow meter.
223 C. Sewaqe Equalization Transfers. The intent of this Agreement is that, as
224 measured by the sewage flow meter at the Horseshoe Drive Interconnection, the
225 CCWSD will control the sewage gallonage delivered from the Horseshoe Drive Areas to
226 the City's sewer system. From time-to-time, usually after every two (2) City billing-
227 cycles, the metered measured City water imputed to the Horseshoe Drive Areas shall
228 be compared to City water imputed to the School site and the net potable water
229 supplied to the Complex, to check the accuracy of the sewer flow meter. The Sewage
230 Equalization Transfers should not exceed plus or minus ten percent (10%) of the City
231 water imputed to the School site and the net potable water imputed to the Complex.
232 D. Reimbursement Payment from County to City reqardinq the Horseshoe Drive
233 Interconnect. The CCWSD has expended $138,159.25 to interconnect a CCWSD-
234 owned wastewater force main to the City's wastewater facilities for delivery of sewage
235 into the City's wastewater system from the CCWSD and/or from the City's system into
236 the CCWSD'S system during emergencies. The CCWSD managed and paid for that
237 work and the City paid the CCWSD already incurred costs of $50,935.62. As this
238 interconnection is not to be limited to emergencies, the County will promptly remit this
239 $50,935.62 to the City.
240
241 3. COUNTY TO PAY TO THE CITY A ONE TIME FEE REGARDING CITY'S NET
242 ADDITIONAL LINEAL FEET OF CITY-OWNED WASTEWATER TRANSMISSION
243 FACILITIES. For the purposes of this Paragraph 3, it is agreed that the lineal feet
244 distance from the Linwood Avenue Force Main interconnection into the City's
245 wastewater system, and running out to the City's wastewater treatment plant, is 9,529
246 lineal feet, and that the lineal feet distance from the Horseshoe Drive Interconnection,
247 running out to the City's wastewater plant, is 10,514 lineal feet. Therefore, the resulting
248 "net additional length" of these City-owned sewer transmission facilities equals 985
249 lineal feet (10,514 lineal feet minus 9,529 lineal feet). For each calendar year of this
7
Agenda Item No.1 OG
November 14, 2006
Page 12 of 14
250 Agreement, and not later than January 31 of each such calendar year, the County will
251 prepay the City $ to reimburse the City for a fair share of its operation and
252 maintenance costs regarding this net additional length of 985 lineal feet and the
253 CCWSD's use thereof. If the net additional length should change more than plus or
254 minus one hundred (100) lineal feet, such changed lineal feet length shall be agreed
255 upon and the dollar amount of this fair share fee shall then be adjusted pro-rata. The
256 path of these City-owned sewer transmission facilities are depicted on a Exhibit "_"
257 attached to this Agreement.
258
259 4. LINWOOD AVENUE FORCE MAIN QUIT-CLAIMED TO COUNTY. Only the
260 Complex and the School site (until such service is transferred from the City's system to
261 the CCWSD's system) are supplied with sewer service through a six-inch (6")
262 wastewater force main, referred to in this Agreement as the "Linwood Avenue force
263 main." This force main is now of insufficient size to comply with the Florida Department
264 of Environmental Protection's requirements applicable to transfer of the current
265 combined quantities of sewage gallonage from the Complex and the School site to the
266 City's sewer system. This force main shall not provide any service to the School site, to
267 the Complex, nor to any other site after the Complex and the SChool site are
268 disconnected from this force main. There is doubt regarding ownership of the property
269 title to this force main. To remove this doubt the City hereby quit-claims to the County
270 (not the CCWSD) all rights, title and interests the City has or may have in this force
271 main. The City shall retain title to the associated lift station located at Commercial
272 Boulevard and Davis Boulevard. At the County's discretion, some or all of this force
273 main (but not the City's lift station) may eventually be removed from the ground at no
274 cost to the City. The location of this force main and lift station is depicted on Exhibit "_"
275 attached to this Agreement.
276
277 5. CITY'S UTILITY BILLING ORDINANCE. The City's water and wastewater billing
278 cycle rates are determined by applying the City's generally applicable utility billing
279 ordinance (currently Ordinance No. 94-7187). Section 30-36 in Ordinance No. 94-7187
280 reads: "The rates charged by the city for water furnished to customers shall be set forth
281 in appendix A to this Code." Subsection 30-164(a) in that Ordinance reads: "(a)
8
Agenda Item NO.1 OG
November 14, 2006
Page13of14
282 Purpose. It is the purpose of this section to provide for the recovery of costs from users
283 of the city's wastewater disposal system for the implementation of the program
284 established herein. The applicable charges and fees shall be as set forth in appendix A
285 to this Code." Each City billing-cycle comprises approximately sixty (60) consecutive
286 days. The City's current billing-cycle sewer service rates are listed on a one (1) page
287 schedule entitled "CITY OF NAPLES WASTEWATER RATES." A copy of this schedule
288 is attached to this Agreement as Exhibit "_." The City's sewer service rates determine
289 the customers' billing-cycle invoiced wastewater rate by (1) the applicable "base charge"
290 (determined by the size of the customer's water meter) plus (2) a "per 1 ,000 gallons"
291 charge that applies to the meter measured City water supplied to the customer's service
292 site during the respective billing-cycle. The "per 1 ,000 gallons" charge does not apply to
293 gallons of water that exceed the maximum imputed gallons of water determined by the
294 size of the water meter.
295
296 ARTICLE FOUR - ACCORD AND SATISFACTION
297
298 The City and the County agree that this Agreement settles and forever resolves any and
299 all claims and disputes of every description that each party hereto had, may have had,
300 now has or now may now have, against any other party arising out of, or associated
301 with, the 1977 Basic Agreement (the "BA") and/or either or both of the BA's two (2)
302 amendments, and/or any of the BA's nine (9) addendums, including with regard to any
303 and all utility rates, fees, charges, surcharges, impact fees, water and/or wastewater
304 service, water and/or sewer pressures, water quality, all service area boundaries, and
305 otherwise.
306
307
ARTICLE FIVE - EXHIBITS ATTACHED TO THIS AGREEMENT
308
309 The Exhibits attached to this Agreement are:
310 1. Exhibit A-
311 2. Exhibit B -
312 3. Exhibit C -
313 "ETC."
9
Agenda Item NO.1 08
November 14. 2006
Page 14of14
314 IN WITNESS WHEREOF, the County (including the Collier County Water-Sewer
315 District) and the City hereby enter into this Interlocal Agreement - Accord and
316 Satisfaction, this day of ,2006.
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
ATTEST:
BY:
By:
City Clerk
CITY OF NAPLES
Bill Barnett, Mayor
Approved as to form and legal sufficiency:
By:
Robert D. Pritt, City Attorney
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
By:
Approved at to form and legal sufficiency:
FRANK HALAS, Chairman
By:
Thomas C. Palmer,
Assistant County Attorney
10
Agenda Item No.1 OH
November 14, 2006
Page 1 of 5
~......"
Executive Summary
Recommendation to approve a time and materials work order under Contract #05-3657,
"Project Management Oversight Services" with CH2M Hill, Inc. for project management
and staff support services for the Facilities Management Department in the estimated
amount of $2,900,000
OBJECTIVE: To approve a time and materials work order under Contract #05-3657, "Project
Management Oversight Services" (PMO) with CH2M Hill, Inc. for project management and staff support
services for the Facilities Management Department in the estimated amount of $2,900,000.
CONSIDERATION: The Facilities Management Department (FMD) manages capital construction
projects classified in the Annual Update Inventory Report (AUIR) as Category "B" Facilities. These
projects include those requested by the Emergency Medical Services Department, the Library
Department, the Sheriff's Office, the Clerk of Courts, the Tax Collector, the Property Appraiser, the
Supervisor of Elections and most County operating departments that request office or operational
facilities.
_.
Specifically, in the currently approved capital budgets there are four Emergency Medical Stations, three
libraries, the Sheriffs Special Operations Facility, a Sheriff's Substation addition to an Emergency
Medical Station, the Emergency Services Center, the Fleet Facility, and the Sheriffs Fleet Facility.
Additionally, a North Transportation Facility is in the planning stages for an undeveloped parcel of land
near the intersection of Immokalee Road and Randall Boulevard and the Collier Area Transit (CAT)
Facility and Freedom Memorial are in the planning stages. These projects are estimated to cost over
$200,000,000 and most are anticipated to be constructed in the next two to three years.
The FMD has a capital projects staff of one Principal Project Manager, one Senior Project Manager and
one Accounting Technician. With the volume of work anticipated over the next few years and the
subsequent anticipated return to a lower annual volume of work, it is proposed that a professional
services firm provide staff support on a time and materials basis for capital projects assigned to the FMD.
The PMO contract requires that any proposed work order over $90,000 (with a cap of $3,000,000) be
sent to all of the contracted firms. A Request For Proposals (Exhibit A) was issued on October 11, 2006
to the six firms awarded under the vertical construction portion of the contract. On October 25, 2006, four
proposals were received. The Selection Committee met on October 27, 2006 and recommended that
CH2M Hill provide these staff support services.
CH2M Hill provided a time and materials budget estimate for the currently approved projects in the total
amount of $2,900,000. Any existing work orders with CH2M Hill related to these specific projects will be
closed out and future efforts covered by this proposed work order.
FISCAL IMPACT: The funds are available within each of the project budgets and the source of funds is
mostly Impact Fees related to each major project category (Emergency Medical Services, Libraries, Law
Enforcement, and General Government Buildings).
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 approve a time and materials work
order under Contract #05-3657, "Project Management Oversight Services" with CH2M Hill, Inc. for project
management and staff support services for the Facilities Management Department in the estimated
amount of $2,900,000 and authorize the County Manager or his designee to sign the work order.
PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Department of Facilities Management
Item Number:
Item Summary:
Meeting Oate:
Agenda Item No. 10H
November 14, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10H
Recommendation to approve a time and matenals work order under Contract #OE,..3657,
Project Management Oversight Services with CH2M Hill, me for project management and
slaff support services for the Facilities Management Department in the estimated amount of
S2900.000 (Len Price. Adm:nlstrator, Administrative Services)
11/14120069.0000.IIM
Contracts Agent
Date
Approved By
Linda Best
Administrative Services
Purchasing
1111120068:53 AM
Skip Camp, C.F.M.
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
11/1120063:04 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
11/112006 3: 58 PM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Administrative Services
Administrative Services AdrTun
1111120064:21 PM
OMS Coordinator
Administrative- Assistant
Date
Approved By
County Manager's Office
Office of r,fmnagement & Budget
11121200G 1201 PM
Approved By
Laura DaVIsson
County Manager'!', Oftice
Manag[)ment & Budw~t Analyst
Date
Office of Management & Budget
11/2/20063:19 PM
M tchael Smykowski
Man,igf:ment & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
1115120068:37 AM
JO'lmes V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
1116!200€ 2:19 prvl
Agenda Item No.1 OH
November 14, 2006
Pqge 3 of 5
Facilities Management Department Capital Projects Program - Request for
Proposal for Project Management Services
Contract No. 05-3657, "Project Management Oversight Services
Location
The Facilities Management Department is located in Building "W" at 3301 East Tamiami
Trail, Naples, FL. The program covered in this solicitation includes vertical building
construction projects at various locations around Collier County including a library in the
City of Marco Island, an Emergency Medical Station within the Heritage Bay PUD
northeast of the Immokalee Road / Collier Boulevard intersection, and an Emergency
Services Center and South Regional Library on Lely Cultural Parkway between Edison
College and Lely Elementary School.
Program Description
The Facilities Management Department (FMD) manages capital construction projects
that fall into the Annual Update Inventory Report (AUIR) Category "B" Facilities. These
projects include those requested by the Emergency Medical Services Department, the
Library Department, the Sheriff's Office, the Clerk of Courts, the Tax Collector, the
Property Appraiser, the Supervisor of Elections and most County operating departments
that request office or operational facilities.
The FMD has a capital projects staff of one Principal Project Manager, one Senior
Project Manager and one Accounting Technician. With the volume of work anticipated
over the next few years and the following return to lower volume, assistance is being
sought from one professional services firm.
This RFP is intended to cover all capital construction projects specifically authorized
through the budget process as well as those within the foreseeable planning horizon.
These projects include but are not limited to:
Emergency Medical Stations
There are currently four stations approved in the budget. Each is to be an approximately
5,000 sf facility site adapted to each particular parcel of land.
Libraries
There are three libraries approved in the budget. The South Regional Library is
approximately 30,000 sf, the Golden Gate Library is approximately 17,000 sf and the
Marco Island Library Addition is an approximately 4,000 sf meeting room addition.
Both the Golden Gate Library and Marco Island Library Addition are out for construction
contract bids.
Law Enforcement Facilities
The Sheriff's Special Operations Facility is planned for the north quadrant of the Naples
Airport and includes an approximately 50,000 sf metal building with an aircraft hangar at
Agenda Item NO.1 OH
November 14, 2006
Page 4 of 5
one end. The bids for this construction contract have been obtained, and contract award
will be considered by the Board of County Commissioners on 10/24/06. A Sheriff's
substation addition of approximately 5,000 sf is planned for EMS # lOon Immokalee
Road just north of the Waterways community.
Others
An approximately 130,000 sf 4-story Emergency Services Center is in the approved
budget. A 41,000 sf Fleet Facility and 34,000 sf Sheriff's Fleet Facility are in the
approved budget. A North Transportation Facility is in the planning stages for an
undeveloped parcel of land near the intersection of Immokalee Road and Randall
Boulevard. A Collier Area Transit (CAT) Facility and Freedom Memorial are in the
planning stages.
Scope of Work
The scope of work on the Program includes, but is not limited to: planning and design
coordination; construction coordination, oversight and inspection services; general
project management assistance; and other clerical or financial staff support as needed by
the FMD.
Services are to be on a time and materials basis only. It is expected that the following
rate schedule categories cover the scope of work: Senior Project Manager, Project
Manager, Senior Construction Manager, Project Engineer, Associate Construction
Manager, Inspector II, Inspector I and Admin/Clerical. The FMD will provide office
space for four staff (anticipated as three related to project management and one for
clerical support) as well as one workstation for field personnel use (anticipated as
approximately six personnel). As these services will in essence provide supplemental
staff assistance to the FMD, both the number of personnel as well as the proposed
individuals will be subject to approval by the FMD.
Currently, CH2M Hill is providing some of the support described in this RFP. It is
anticipated that the successful firm will transition into the FMD staff support role in
December 2006 and will provide full staffing by January 4,2007.
Proposal
In responding to this solicitation, each proposer shall include within their proposal,
limited to 75 pages for the entire submission:
1. Staff Expertise and Availability: Describe the availability, qualifications and
experience of personnel that will provide these services including demonstrated
knowledge and understanding of the types of services to be performed, previous
experience in similar or related work, and knowledge of local codes, laws and regulations
governing the work. Describe which staff members will be dedicated to the management
of these projects and any specific experience with the types of projects included in the
program. Specifically address experience in land development, project management
Agenda Item No.1 OH
November 14, 2006
Page 5 of 5
including both design and construction, and construction inspection both within Collier
County and specifically on behalf of Collier County.
2. Staff Support and Past Performance: Proposer shall provide any information which
documents successful and reliable past performance, especially those related to the
requirements for managing the types of projects described in the program and for
managing projects on behalf of Collier County. Related experience shall be restricted to
those assignments undertaken within the last five (5) years. Proposer shall also provide a
staff support plan detailing back-up personnel availability, office support location(s) and
breadth of company support.
Evaluation Criteria
All Proposals will be evaluated and scored on the following criteria:
GRADING CRITERIA
POINTS
1. Staff Expertise
60
2. Staff Support and Past Performance
40
Total Possible Points
100
Agenda Item No. 101
November 14,2006
EXECUTIVE SUMMARY Page 1 of 50
Recommendation to adopt supplemental bond resolutions (1) authorizing the issuance by the
Collier County Water-Sewer District of its Water and Sewer Revenue Bonds, Series 2006, in
the aggregate principal amount of not exceeding $120,000,000 in order to finance various
capital improvements to the water and wastewater utility system and to refinance the District's
Revenue Note, Draw No. A-l-l and Revenue Note, Draw No. A-1-2 currently outstanding in the
aggregate principal amount of $38,000,000 and (2) amending the Bond Resolution to
specifically include the Allowance for Funds Prudently Invested fees (AFPI Fees) as a
component of the gross revenues of the system, which allows such AFPI Fees to be a part of the
pledged funds supporting the payment of debt service.
OBJECTIVE: That the Board of County Commissioners, acting as the ex-officio Governing Board of
the Collier County Water-Sewer District, adopt the attached supplemental bond resolution which
authorizes the issuance by the District of its Collier County Water-Sewer District Water and Sewer
Revenue Bonds, Series 2006 (the "2006 Bonds"), in the aggregate principal amount of not exceeding
$120,000,000, for the purpose of financing various capital improvements to the water and wastewater
utility system and to refinance outstanding COIrtIIlercial Paper loan debt.
-
CONSIDERATIONS: On July 30, 1985, the District adopted Resolution No. CWS-85-5, as
previously amended, supplemented and restated (collectively, the Bond Resolution"), pursuant to
which several series of District Water and Sewer Bonds have been issued. Currently, the only such
Bonds which remain outstanding under the Bond Resolution are the District's Water and Sewer
Refunding Revenue Bonds, Series 1999A, Water and Sewer Refunding Revenue Bonds, Series 1999B
(collectively, the "1999 Bonds"}, Water and Sewer Refunding Revenue Bonds, Series 2003A and
Water and Sewer Refunding Revenue Bonds, Series 2003B (collectively, the "2003 Bonds"). Upon
the issuance of the 2006 Bonds only the 2006 Bonds, 2003 Bonds and 1999 Bonds will be outstanding
under the Bond Resolution.
The attached supplemental bond resolution supplements the Bond Resolution and authorizes the
issuance of the 2006 Bonds so long as certain parameters set forth in Sections 5, 6, and 7 of the
resolution are met. (Due to the length of the Preliminary Official Statement referenced as Exhibit C in
the bond resolution, it is not included in the agenda package. It is available for public inspection in the
Office of Management and Budget and the County manager's Office). The 2006 bonds will be sold
on a competitive basis.
As noted above, the bonds will be used to finance various capital improvements to the water and
wastewater utility system and to refinance outstanding Commercial Paper loan debt. The Commercial
Paper debt was issued as an interim financing mechanism that would be refinanced with a long-term
water/sewer revenue bond. The supplemental bond resolution also provides certain terms of the 2006
Bonds, approves the forms of various documents, appoints certain professionals to act on behalf of the
District in connection with the 2006 Bonds and contains certain insurance provisions which are
required by the municipal bond insurer. (Insurance provisions were not received prior to the printing
of the November 14, 2006 Board agenda package. Upon receipt, this information will be provided to
the Board via memorandum).
~
If the Board approves the attached resolution, marketing and pricing of the 2006 Bonds is expected to
occur during the week of November 27, with the closing for the 2006 Bonds currently scheduled to
Agenda Item No, 101
November 14, 2006
occur in mid-December. This is the only required action of the Board in order to consuntri1~~~50
issuance of the 2006 Bonds.
FISCAL IMPACT: This debt is the responsibility of the Collier County Water/Sewer District. The
principal of, premium, if any, and interest on the Bonds shall be secured by a pledge of and lien upon the
net revenues (gross revenues less operating expenses) to be derived from the operation of the System,
system development fees, and interest earnings on unrestricted fund balances. The recently enacted
Allowance for Funds Prudently Invested fees (APPI Fees) is a component of the gross revenues of the
system. In order for the AFPI fees to be included in the pledged revenues, the Board must adopt a
Supplemental Resolution, which amends the Bond Resolution to specifically allow for it to be pledged.
GROWTH MANAGEMENT IMP ACT: Issuance of these revenue bonds will provide a financing
mechanism for the acquisition of water and sewer infrastructure necessary to meet concurrency
requirements established in the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners, acting as the ex-officio Governing
Board of the Collier County Water-Sewer District:
1. Adopt the attached supplemental bond resolution authorizing the issuance of the 2006 Bonds
upon the satisfaction of certain conditions set forth in the resolution.
2. Adopt a supplemental bond resolution, which amends the Bond Resolution to specifically include
the Allowance for Funds Prudently Invested fees (AFPI Fees) as a component of the gross
revenues of the system, which allows such AFPI Fees to be a part of the pledged funds supporting
the payment of debt service.
Submitted by: Michael Smykowski, OMB Director
,~"-,,,',.
Agenda Item No. 101
November 14, 2006
Page 3 of 50
RESOLUTION NO. CWS-
A RESOLUTION SUPPLEMENTING RESOLUTION NO.
CWS-85-13 IN CERTAIN RESPECTS, WHICH
RESOLUTION NO. CWS-85-13, AMONG OTHER
THINGS, RESTATED RESOLUTION NO. CWS-85-5 IN
ITS ENTIRETY AND AUTHORIZED THE ISSUANCE BY
THE COLLIER COUNTY WATER-SEWER DISTRICT OF
WATER AND SEWER REVENUE BONDS FROM TIME
TO TIME; AUTHORIZING THE ACQUISITION,
CONSTRUCTION AND EQUIPPING OF VARIOUS
CAPITAL IMPROVEMENTS TO THE DISTRICT'S
WATER AND SEWER UTILITY FACILITIES;
AUTHORIZING THE CURRENT REFUNDING OF
CERTAIN OUTSTANDING ~EBTEDNESS OF THE
DISTRICT; AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $120,000,000 AGGREGATE PRINCIPAL
AMOUNT OF COLLIER COUNTY WATER-SEWER
DISTRICT WATER AND SEWER REVENUE BONDS,
SERIES 2006 IN ORDER TO FINANCE SUCH CAPITAL
IMPROVEMENTS AND TO CURRENT REFUND SUCH
OUTSTANDING INDEBTEDNESS; AUTHORIZING THE
AWARDING OF SAID BONDS PURSUANT TO A
PUBLIC BID; DELEGATING CERTAIN AUTHORITY TO
THE CHAIRMAN FOR THE AWARD OF THE BONDS
AND THE APPROVAL OF THE TERMS AND DETAILS
OF SAID BONDS; APPOINTING THE PAYING AGENT
AND REGISTRAR FOR SAID BONDS; AUTHORIZING
THE DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT AND THE EXECUTION AND DELIVERY
OF AN OFFICIAL STATEMENT WITH RESPECT
THERETO; ESTABLISHING A BOOK-ENTRY SYSTEM
OF REGISTRATION FOR THE BONDS; APPROVING
THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE CERTIFICATE; AUTHORIZING
MUNICIPAL BOND INSURANCE FOR THE BONDS;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT:
Agenda Item NO.1 01
t~ovember 14. 2006
Page 4 of 50
SECTION 1.
FINDINGS. It is hereby found and determined that:
(A) On July 30, 1985, the Board of County Commissioners of Collier County,
Florida, acting as the ex-officio governing board (the "Governing Body") of the Collier
County Water-Sewer District (the "Issuer") duly adopted Resolution No. CWS-85-5, as
amended and restated by Resolution No. CWS-85-13 duly adopted on December 26,
1985, as amended and supplemented (collectively, the "Resolution"), for the purposes
described therein.
(B) The Issuer currently has outstanding pursuant to the Resolution its Collier
County Water-Sewer District Water and Sewer Refunding Revenue Bonds, Series
1999A, its Collier County Water-Sewer District Water and Sewer Refunding Revenue
Bonds, Series 1999B, its Collier County Water-Sewer District Taxable Water and Sewer
Refunding Revenue Bonds, Series 2003A, and its Collier County Water-Sewer District
Water and Sewer Refunding Revenue Bonds, Series 2003B (collectively, the
"Outstanding Parity Bonds").
(C) The Issuer hereby determines that certain capital improvements should be
acquired, constructed and equipped with respect to the System (as defined in the
Resolution) in order to improve the health, safety and welfare of the inhabitants within
the Issuer's geographic boundaries. Such capital improvements are generally described in
Exhibit A hereto and are more particularly described in the records, plans and
specifications on file with the Issuer (the "Series 2006 Project"). The Series 2006 Project
may be amended or supplemented from time to time by the Governing Body in
accordance with the provisions of the Resolution.
(D) In order to finance the acquisition, construction and equipping of a portion
of the Series 2006 Project on an interim basis, the Issuer previously issued its Collier
County Water-Sewer District Revenue Note, Draw No. A-l-l and Collier County Water-
Sewer District Revenue Note, Draw No. A-I-2 (collectively, the "Prior Notes") in the
aggregate principal amount of $38,000,000 to the Florida Local Government Finance
Commission (the "Finance Commission") to evidence borrowings under the Finance
Commission's Pooled Commercial Paper Loan Program.
(E) In order to provide permanent financing with respect to that portion of the
Series 2006 Project originally fmanced on an interim basis with proceeds of the Prior
Notes and to eliminate interest rate risk inherent with variable interest rate debt
obligations such as the Prior Notes, it is in the best interests of the Issuer to current refund
the Prior Notes with the proceeds of a longer term, fixed interest rate obligation.
(F) The Resolution provides for the issuance of Additional Bonds, payable on a
parity with the Outstanding Parity Bonds, for the purpose of financing the acquisition,
2
Agenda Item NO.1 01
November 14, 2006
Page 5 of 50
construction and equipping of the Series 2006 Project and current refunding the Prior
Notes, upon meeting certain requirements set forth in the Resolution.
(G) There is hereby authorized the financing and/or reimbursing of the costs of
the acquisition, construction and equipping of the Series 2006 Project and the current
refunding of the Prior Notes, all in the manner as provided by this Supplemental
Resolution and by the Resolution.
(H) The Issuer deems it to be in its best interest to issue its Collier County
Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 (the "Series 2006
Bonds") for the principal purpose of financing and/or reimbursing the costs of the
acquisition, construction and equipping of the Series 2006 Project and current refunding
the Prior Notes. The Series 2006 Bonds shall be issued on parity in all respects with the
Outstanding Parity Bonds pursuant to the terms of the Resolution.
(I) In accordance with Section 218.385, Florida Statutes, and pursuant to this
Supplemental Resolution, the Series 2006 Bonds shall be advertised for competitive bids
pursuant to the Official Notice of Sale, the form of which is attached hereto as Exhibit B
(the "Official Notice of Sale").
(1) Pursuant to the Official Notice of Sale, any competitive bids received in
accordance with the Official Notice of Sale on or prior to 10:00 a.m., Eastern Standard
Time, on November 28, 2006, or such other date or time as is determined by the
Chairman in accordance with the terms and provisions of the Official Notice of Sale,
shall be publicly opened and announced.
(K) Due to the present volatility and uncertainty of the market for tax-exempt
obligations such as the Series 2006 Bonds, it is desirable for the Issuer to be able to
advertise and award the Series 2006 Bonds at the most advantageous time and date which
shall be determined by the Chairman; and, accordingly, the Governing Body hereby
determines to delegate the advertising and awarding of the Series 2006 Bonds to the
Chairman within the parameters described herein.
(L) It is necessary and appropriate that the Governing Body determine certain
parameters for the terms and details of the Series 2006 Bonds and to delegate certain
authority to the Chairman for the award of the Series 2006 Bonds and the approval of the
terms of the Series 2006 Bonds in accordance with the provisions hereof, of the
Resolution and of the Official Notice of Sale.
(M) In the event Bond Counsel to the Issuer shall determine that the Series 2006
Bonds have not been awarded competitively in accordance with the provisions of Section
218.385, Florida Statutes, the Governing Body shall adopt such resolutions and make
such findings as shall be necessary to authorize and ratify a negotiated sale of the Series
2006 Bonds in accordance with said Section 218.385, Florida Statutes.
3
Agenda Item NO.1 01
November 14, 2006
Page 6 of 50
(N) The form, terms and details of the Series 2006 Bonds shall be determined in
accordance with this Supplemental Resolution and the Resolution.
(0) The Resolution provides that the Series 2006 Bonds shall mature on such
dates and in such amounts, shall bear such rates of interest, shall be payable in such
places and shall be subject to such redemption provisions as shall be determined by
Supplemental Resolution adopted by the Issuer; and it is now appropriate that the Issuer
set forth the parameters and mechanism to determine such terms and details.
(P) The Series 2006 Bonds shall not be or constitute general obligations or
indebtedness of the Issuer as "bonds" within the meaning of any constitutional or
statutory provision but shall be special obligations of the Issuer, payable solely from and
secured by a lien upon and pledge of the Pledged Funds, in the manner and to the extent
provided in the Resolution.
(Q) The covenants, pledges and conditions in the Resolution shall be applicable
to the Series 2006 Bonds herein authorized and said Series 2006 Bonds shall be on a
parity with and rank equally as to the lien on and source and security for payment from
the Pledged Funds and in all other respects with the Outstanding Parity Bonds, and shall
constitute "Bonds" within the meaning of the Resolution. The Issuer is current in all
deposits in the various funds and accounts established by the Resolution and all payments
theretofore required to have been deposited or made by it under the provisions of the
Resolution have been deposited or made and the Issuer has complied with the covenants
and agreements of the Resolution.
SECTION 2. DEFINITIONS. When used in this Supplemental
Resolution, the terms defined in the Resolution shall have the meanings therein stated,
except as such definitions shall be hereinafter amended and defined.
SECTION 3. AUTHORITY FOR THIS SUPPLEMENTAL
RESOLUTION. This Supplemental Resolution is adopted pursuant to the provisions of
the Act.
SECTION 4. AUTHORIZATION OF THE FINANCING OF THE
SERIES 2006 PROJECT AND THE REFINANCING OF THE PRIOR NOTES.
The Issuer hereby authorizes the financing and/or reimbursing of all or a portion of the
Costs of the Series 2006 Project subject in all respects to the award of the Series 2006
Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale.
The Issuer hereby authorizes the refunding, on a current basis, of the Prior Notes, subject
in all respects to the award of the Series 2006 Bonds in accordance with this
Supplemental Resolution and the Official Notice of Sale.
SECTION 5. DESCRIPTION OF THE SERIES 2006 BONDS. The
Issuer hereby authorizes the issuance of a Series of Bonds in the aggregate principal
4
Agenda Item NO.1 01
November 14, 2006
Page 7 of 50
amount not to exceed $120,000,000 to be known as the "Collier County Water-Sewer
District Water and Sewer Revenue Bonds, Series 2006" (or such other designation as the
Chairman may determine), for the principal purpose of fmancing and/or reimbursing
Costs of the Series 2006 Project and refunding, on a current basis, the Prior Notes. The
aggregate principal amount of the Series 2006 Bonds to be issued pursuant to the
Resolution shall be determined by the Chairman provided such aggregate principal
amount does not exceed $120,000,000. The Series 2006 Bonds shall be dated their date
of delivery (or such other date as shall be determined by the Chairman), shall be issued in
the form of fully registered Bonds in denominations of $5,000 or any integral multiple
thereof, shall be numbered consecutively from one upward in order of maturity preceded
by the letter "R", shall bear interest from their dated date, payable semi-annually, on
July 1 and January 1 and of each year (the "Interest Datesll), commencing on July 1,2007
(or such other date as shall be determined by the Chairman). For purposes of the
Resolution, "Bond Year" shall mean the period commencing on July 1 of each year and
continuing through the next succeeding June 30.
Interest on the Series 2006 Bonds shall be payable by check or draft of U.S. Bank
National Association as Registrar and Paying Agent, made payable to and mailed to the
Holder in whose name such Bond shall be registered at the close of business on the date
which shall be the fifteenth day (whether or not a business day) of the calendar month
next preceding the Interest Date, or, at the request and expense of such Holder, by bank
wire transfer to the account of such Holder. The principal of or Redemption Price, if
applicable, on the Series 2006 Bonds is payable upon presentation and surrender of the
Series 2006 Bonds at the designated corporate trust office of the Paying Agent. All
payments of principal or Redemption Price, if applicable, and interest on the Series 2006
Bonds shall be payable in any coin or currency of the United States of America which at
the time of payment is legal tender for the payment of public and private debts. Interest
shall be calculated on the basis of a 360-day year of twelve 30-day months.
The Series 2006 Bonds shall bear interest at such rates and prices or yields, shall
mature on July 1 of each of the years and in the principal amounts corresponding to such
years, and shall have such redemption provisions as determined by the Chairman subject
to the conditions set forth in Sections 5, 6 and 7 hereof and the provisions of the Official
Notice of Sale. The final maturity of the Series 2006 Bonds shall not be later than July 1,
2036. All of the terms of the Series 2006 Bonds will be included in a certificate to be
executed by the Chairman following the award of the Series 2006 Bonds (the "Award
Certificate") and shall be set forth in the final Official Statement, as described herein.
SECTION 6. AWARD OF SERIES 2006 BONDS. The Chairman, on
behalf of the Issuer and only in accordance with the terms hereof and of the Official
Notice of Sale, shall award the Series 2006 Bonds to the underwriter or underwriters (the
"Underwriters") that submit a bid proposal which complies in all respects with the
Resolution, this Supplemental Resolution and the Official Notice of Sale and offers to
5
Agenda Item No. 101
November 14, 2006
Page 8 of 50
purchase the Series 2006 Bonds at the lowest true interest cost to the Issuer, as calculated
by the Issuer's Financial Advisor, Public Financial Management, Inc., in accordance with
the terms and provisions of the Official Notice of Sale; provided, however, the Series
2006 Bonds shall not be awarded to any bidder unless the true interest cost set forth in the
winning bid (as calculated by the Issuer's Financial Advisor) is equal to or less than
5.50%. In accordance with the provisions of the Official Notice of Sale, the Chairman
may, in his sole discretion, reject any and all bids.
SECTION 7. REDEMPTION PROVISIONS FOR SERIES 2006
BONDS. The Series 2006 Bonds may be redeemed prior to their respective maturities
from any moneys legally available therefor, upon notice as provided in the Resolution,
upon the terms and provisions as determined by the Chairman, in his discretion and upon
the advice of the Issuer's Financial Advisor; provided, however, with respect to optional
redemption terms for the Series 2006 Bonds, if any, the first optional redemption date
may be no later than July I, 2017 and no call premium may exceed 1.00% of the par
amount of that portion of the Series 2006 Bonds to be redeemed. Term Bonds may be
established with such Sinking Fund Installments as the Chairman deems appropriate and
upon the advice of the Issuer's Financial Advisor. The redemption provisions for the
Series 2006 Bonds, if any, shall be set forth in the Award Certificate and in the final
Official Statement.
SECTION 8. BOOK-ENTRY. Notwithstanding the provisions set forth in
Section 2.08 of the Resolution, the Series 2006 Bonds shall be initially issued in the form
of a separate single certificated fully registered Series 2006 Bond for each of the
maturities of the Series 2006 Bonds. Upon initial issuance, the ownership of each such
Series 2006 Bond shall be registered in the registration books kept by the Registrar in the
name of Cede & Co., as nominee of The Depository Trust Company ("DTC"). As long
as the Series 2006 Bonds are registered in the name of Cede & Co., all of the Outstanding
Series 2006 Bonds shall be registered in the registration books kept by the Registrar in
the name of Cede & Co., as nominee of DTC. As long as the Series 2006 Bonds shall be
registered in the name of Cede & Co., all payments of principal on the Series 2006 Bonds
shall be made by the Paying Agent by check or draft or by bank wire transfer to Cede &
Co., as Holder of the Series 2006 Bonds, upon presentation of the Series 2006 Bonds to
be paid, to the Paying Agent.
With respect to Series 2006 Bonds registered in the registration books kept by the
Registrar in the name of Cede & Co., as nominee of DTC, the Issuer, the Registrar and
the Paying Agent shall have no responsibility or obligation to any direct or indirect
participant in the DTC book-entry program (the "Participants"). Without limiting the
immediately preceding sentence, the Issuer, the Registrar and the Paying Agent shall
have no responsibility or obligation with respect to (A) the accuracy of the records of
DTC, Cede & Co. or any Participant with respect to any ownership interest on the Series
2006 Bonds, (B) the delivery to any Participant or any other Person other than a
6
Agenda Item No. 101
November 14.2006
Page 9 of 50
Bondholder, as shown in the registration books kept by the Registrar, of any notice with
respect to the Series 2006 Bonds, including any notice of redemption, or (C) the payment
to any Participant or any other Person, other than a Bondholder, as shown in the
registration books kept by the Registrar, of any amount with respect to principal of,
Redemption Price, if any, or interest on the Series 2006 Bonds. The Issuer, the Registrar
and the Paying Agent may treat and consider the Person in whose name each Series 2006
Bond is registered in the registration books kept by the Registrar as the Holder and
absolute owner of such Bond for the purpose of payment of principal, Redemption Price,
if any, and interest with respect to such Bond, for the purpose of giving notices of
redemption and other matters with respect to such Bond, for the purpose of registering
transfers with respect to such Bond, and for all other purposes whatsoever. The Paying
Agent shall pay all principal of, Redemption Price, if any, and interest on the Series 2006
Bonds only to or upon the order of the respective Holders, as shown in the registration
books kept by the Registrar, or their respective attorneys duly authorized in writing, as
provided herein and all such payments shall be valid and effective to fully satisfy and
discharge the Issuer's obligations with respect to payment of principal of, Redemption
Price, if any, and interest on the Series 2006 Bonds to the extent of the sum or sums so
paid. No Person other than a Holder, as shown in the registration books kept by the
Registrar, shall receive a certificated Bond evidencing the obligation of the Issuer to
make payments of principal, Redemption Price, if any, and interest pursuant to the
provisions of the Resolution. Upon delivery by DTC to the Issuer of written notice to the
effect that DTC has determined to substitute a new nominee in place of Cede & Co., and
subject to the provisions in the Resolution with respect to transfers during the 15 days
next preceding an Interest Date or first mailing of notice of redemption, the words "Cede
& Co." in this Supplemental Resolution shall refer to such new nominee of DTC; and
upon receipt of such notice, the Issuer shall promptly deliver a copy of the same to the
Registrar and the Paying Agent.
Upon (A) receipt by the Issuer of written notice from DTC (i) to the effect that a
continuation of the requirement that all of the outstanding Series 2006 Bonds be
registered in the registration books kept by the Registrar in the name of Cede & Co., as
nominee of DTC, is not in the best interest of the beneficial owners of the Series 2006
Bonds or (ii) to the effect that DTC is unable or unwilling to discharge its responsibilities
and no substitute depository willing to undertake the functions of DTC hereunder can be
found which is willing and able to undertake such functions upon reasonable and
customary terms, or (B) determination by the Issuer that such book-entry only system is
burdensome or undesirable to the Issuer and compliance by the Issuer with all applicable
policies and procedures of DTC regarding discontinuing of the book entry registration
system, the Series 2006 Bonds shall no longer be restricted to being registered in the
registration books kept by the Registrar in the name of Cede & Co., as nominee of DTC,
but may be registered in whatever name or names Holders shall designate, in accordance
with the provisions of the Resolution. In such event, the Issuer shall issue and the
Registrar shall authenticate, transfer and exchange the Series 2006 Bonds of like
7
Agenda Item NO.1 01
November 14, 2006
Page 10 of 50
principal amount and maturity, in denominations of $5,000 or any integral multiple
thereof to the Holders thereof. The foregoing notwithstanding, until such time as
participation in the book-entry only system is discontinued, the provisions set forth in the
Blanket Issuer Letter of Representations previously executed by the Issuer and delivered
to DTC shall apply to the payment of principal of, premium, if any, and interest on the
Series 2006 Bonds.
SECTION 9. APPLICATION OF SERIES 2006 BOND PROCEEDS.
The proceeds derived from the sale of the Series 2006 Bonds shall be applied by the
Issuer simultaneously with the delivery thereof as follows:
(A) An amount equal to the accrued interest on the Series 2006 Bonds, if any,
and capitalized interest shall be deposited to the Interest Account and shall be used for
the purpose of paying a portion of the interest which shall become due on the Series 2006
Bonds.
(B) A sufficient amount of the proceeds of the Series 2006 Bonds shall be
deposited to the Reserve Account so that the amount therein shall equal the aggregate
Reserve Account Requirement applicable to the Outstanding Parity Bonds and the Series
2006 Bonds.
(C) A sufficient amount of the Series 2006 Bond proceeds shall be applied to
the payment of costs and expenses relating to the issuance of the Series 2006 Bonds,
including the premium for the Bond Insurance Policy applicable to the Series 2006 Bonds
and described herein.
(D) A sufficient amount of the Series 2006 Bond proceeds shall be paid to the
Finance Commission to refinance the outstanding Prior Notes.
(E) The remaining Series 2006 Bond proceeds shall be deposited to the Series
2006 Account (as established pursuant to Section 14 hereof) of the Construction Fund
and shall be applied to the payment and/or reimbursement of Costs of the Series 2006
Project.
SECTION 10. PRELIMINARY OFFICIAL STATEMENT. The Issuer
hereby authorizes the distribution and use of the Preliminary Official Statement in
substantially the form attached hereto as Exhibit C in connection with offering the Series
2006 Bonds for sale. If between the date hereof and the mailing of the Preliminary
Official Statement it is necessary to make insertions, modifications or changes in the
Preliminary Official Statement, the Chairman is hereby authorized to approve such
insertions, changes and modifications. The Chairman is hereby authorized to deem the
Preliminary Official Statement "final" within the meaning of Rule 15c2-12 promulgated
under the Securities Exchange Act of 1934 (the "Rule") in the form as mailed. Execution
of a certificate by the Chairman deeming the Preliminary Official Statement "final" as
8
l.\genda Item NO.1 01
November 14, 2006
Page 11 of 50
described above shall be conclusive evidence of the approval of any insertions, changes
or modifications.
SECTION 11. OFFICIAL STATEMENT. The form, terms and provisions
of the Official Statement relating to the Series 2006 Bonds shall be substantially as set
forth in the Preliminary Official Statement and shall include all of the specific fmancial
terms of the Series 2006 Bonds. Subject in all respects to the award of the Series 2006
Bonds in accordance with this Supplemental Resolution and the Official Notice of Sale,
the Chairman is hereby authorized and directed to execute and deliver said Official
Statement in the name and on behalf of the Issuer, and thereupon to cause such Official
Statement to be delivered to the Underwriters with such changes, amendments,
modifications, omissions and additions as may be approved by the Chairman. Said
Official Statement, including any such changes, amendments, modifications, omissions
and additions as approved by the Chairman and the information contained therein are
hereby authorized to be used in connection with the sale of the Series 2006 Bonds to the
public. Execution by the Chairman of the Official Statement shall be deemed to be
conclusive evidence of approval of such changes.
SECTION 12. OFFICIAL NOTICE OF SALE. The form of the Official
Notice of Sale attached hereto as Exhibit B and the terms and provisions thereof are
hereby authorized and approved. The Chairman is hereby authorized to make such
changes, insertions and modifications as he shall deem necessary prior to the
advertisement of such Official Notice of Sale or a summary thereof. The Chairman is
hereby authorized to advertise and publish the Official Notice of Sale, or a summary
thereof, at such time as he deems necessary and appropriate, upon the advice of the
Issuer's Financial Advisor, to accomplish the competitive sale of the Series 2006 Bonds.
SECTION 13. APPOINTMENT OF PAYING AGENT AND
REGISTRAR. Subject in all respects to the award of the Series 2006 Bonds in
accordance with this Supplemental Resolution and the Official Notice of Sale, u.S. Bank
National Association is hereby designated Registrar and Paying Agent for the Series 2006
Bonds. The Chairman and the Clerk are hereby authorized to enter into any agreement
which may be necessary to effect the transactions contemplated by this Section 13 and by
the Resolution.
SECTION 14. ESTABLISHMENT OF SERIES 2006 ACCOUNT OF
THE CONSTRUCTION FUND. In accordance with Section 4.03 of the Resolution,
there is hereby established within the Construction Fund a separate account to be known
as the "Series 2006 Account" of the Construction Fund. Moneys deposited to the Series
2006 Account shall be used to pay and/or reimburse Costs of the Series 2006 Proj ect and
for the other purposes allowed under the Resolution. The Series 2006 Account shall be
maintained and administered in accordance with the provisions of the Resolution,
particularly Section 4.03 thereof.
9
Agenda Item NO.1 01
November 14, 2006
Page 12 of 50
SECTION 15. INSURANCE. Subject in all respects to the award of the
Series 2006 Bonds in accordance with this Supplemental Resolution and the Official
Notice of Sale, the Issuer hereby authorizes the scheduled payment of the principal of and
interest on the Series 2006 Bonds when due to be guaranteed by a municipal bond
insurance policy (the "Bond Insurance Policy") issued by (the
"Insurer" or " "), or any successor thereto or assignee thereof. The
Chairman and/or the Clerk are hereby authorized to execute such documents and
instruments necessary to cause to insure the Series 2006 Bonds. With
respect to the Series 2006 Bonds, shall be deemed to be the
"Insurer" as such term is used and defmed in the Resolution.
SECTION 16. PROVISIONS RELATING TO BOND INSURANCE
POLICY. The following provisions relating to the Bond Insurance Policy issued by
shall apply to the Series 2006 Bonds notwithstanding anything
to the contrary otherwise set forth in the Resolution, so long as the Bond Insurance Policy
is in full force and effect and any Series 2006 Bonds shall remain Outstanding:
[to come)
SECTION 17. SECONDARY MARKET DISCLOSURE. Subject in all
respects to the award of the Series 2006 Bonds in accordance with this Supplemental
Resolution and the Official Notice of Sale, the Issuer hereby covenants and agrees that, in
order to provide for compliance by the Issuer with the secondary market disclosure
requirements of the Rule, it will comply with and carry out all of the provisions of the
Continuing Disclosure Certificate to be executed by the Issuer and dated the dated date of
the Series 2006 Bonds, as it may be amended from time to time in accordance with the
terms thereof. The Continuing Disclosure Certificate shall be substantially in the form of
Exhibit D hereto with such changes, amendments, modifications, omissions and additions
as shall be approved by the Chairman who is hereby authorized to execute and delivery
such Certificate. Notwithstanding any other provision of the Resolution, failure of the
Issuer to comply with such Continuing Disclosure Certificate shall not be considered an
Event of Default under the Resolution; provided, however, to the extent permitted by law,
the sole and exclusive remedy of any Series 2006 Bondholder for the enforcement of the
provisions of the Continuing Disclosure Certificate shall be an action for mandamus or
specific performance, as applicable, by court order, to cause the Issuer to comply with its
obligations under this Section 17 and the Continuing Disclosure Certificate. For purposes
of this Section 17, "Series 2006 Bondholder" shall mean any Person who (A) has the
power, directly or indirectly, to vote or consent with respect to, or to dispose of
ownership of, any Series 2006 Bonds (including persons holding such Bonds through
nominees, depositories or other intermediaries), or (B) is treated as the owner of any such
Bond for federal income tax purposes.
10
Agenda Item No. 101
November 14,2006
Page 13 of 50
SECTION 18. GENERAL AUTHORITY. The members of the Governing
Body of the Issuer, the Clerk and the officers, attorneys and other agents or employees of
the Issuer are hereby authorized to do all acts and things required of them by this
Supplemental Resolution, the Resolution, the Official Statement, the Continuing
Disclosure Certificate or the Official Notice of Sale or desirable or consistent with the
requirements hereof or the Resolution, the Official Statement, the Continuing Disclosure
Certificate or the Official Notice of Sale for the full punctual and complete performance
of all the terms, covenants and agreements contained herein or in the Series 2006 Bonds,
the Resolution, the Official Statement, the Continuing Disclosure Certificate and the
Official Notice of Sale and each member, employee, attorney and officer of the Issuer
and the Clerk is hereby authorized and directed to execute and deliver any and all papers
and instruments and to be and cause to be done any and all acts and things necessary or
proper for carrying out the transactions contemplated hereunder. In the event the
Chairman is absent or unavailable to perform any function or duty hereunder, including
those provided in Sections 5, 6 and 7 hereof, the Vice-Chairman is hereby authorized to
perform any and all of such functions or duties.
SECTION 19. SEVERABILITY AND INVALID PROVISIONS. If any
one or more of the covenants, agreements or provisions herein contained shall be held
contrary to any express provision of law or contrary to the policy of express law, though
not expressly prohibited or against public policy, or shall for any reason whatsoever be
held invalid, then such covenants, agreements or provisions shall be null and void and
shall be deemed separable from the remaining covenants, agreements or provisions and
shall in no way affect the validity of any of the other provisions hereof or of the Series
2006 Bonds.
SECTION 20. RESOLUTION TO CONTINUE IN FORCE. Except as
herein expressly provided, the Resolution and all the terms and provisions thereof are and
shall remain in full force and effect.
SECTION 21. DATE. This Supplemental Resolution shall become effective
immediately upon its adoption.
11
Agenda Item NO.1 01
November 14, 2006
Page 14 of 50
DULY ADOPTED, in Regular Session this 14th day of November, 2006.
(SEAL)
ATTEST:
Clerk, Board of County Commissioners
of Collier County, Florida, as Ex-Officio
Clerk of the Governing Board of the
Collier County Water-Sewer District
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
District Attorney
COLLIER COUNTY WATER-SEWER
DISTRICT
By:
Chairman, Board of County Commissioners
of Collier County, Florida, as the Ex-Officio
Chairman of the Governing Board of the
Collier County Water-Sewer District
12
Agenda Item No.1 01
November 14. 2006
Page 15 of 50
EXHIBIT A
GENERAL DESCRIPTION OF THE SERIES 2006 PROJECT
The Series 2006 Project generally includes the following, as more particularly
described in the plans and specifications on file with the Issuer:
. County Road 951 36" Water Transmission Main - David Boulevard to Rattlesnake
Hammock
. County Road 951 30" Water Transmission Main - Rattlesnake Hammock to U.S.
41
. Northeast Regional Water Treatment Plant - Phase IA Wellfield
. Northeast Regional Water Treatment Plant - Phase lA Water Treatment Plant
. North County Water Treatment Plant High TDS Reverse Osmosis Design,
Construction and Supply
. Northeast Regional Water Treatment Plant Phase lB Wellfield Expansion Land
Acquisition
. Lime Softening Upgrades at South County Regional Water Treatment Plant
. North County Regional Water Treatment Plant Emergency Generator Switchgear
Upgrades
. Distribution System Renewal and Replacement
. North County Regional Water Treatment Plant - New Hawthorn (Zone 1)
Wellfield(WellNos.lOl, 102, 114,115,116,109,117,118,119,120)
. South Hawthorn Reliability / Replacement Wells (Well Nos. 39S - 428)
. Replace Water Main on U.S. 41 from Rattlesnake Hammock Road to Barefoot
Williams Road
. North County Regional Water Treatment Plant - VFD Upgrades
. Southeast Water Reclamation Facility Land Acquisition
. East Central Master Pumping Station Land Acquisition
. Immokalee Road East 16" Force Main - Phases 1 and 2
. Northeast Water Reclamation Facility
. Future Pump Station Improvements
. North County Water Reclamation Facility Bleach System
. Future Pump Station Rehabilitation
. Pelican Bay Fire / Irrigation
Agenda Item No.1 01
November 14, 2006
Page 16 of 50
EXHIBIT B
FORM OF OFFICIAL NOTICE OF SALE
Agenda Item No" 101
November 14, 2006
Page 17 of 50
EXHIBIT C
FORM OF PRELIMINARY OFFICIAL STATEMENT
Agenda Item No, 101
November 14, 2006
Page 18 of 50
Agenda Item No. 101
November 14, 2006
Page 19 of 50
EXIDBIT D
FORM OF CONTINUING DISCLOSURE CERTIFICATE
Agenda Item NO.1 01
November 14, 2006
Page 20 of 50
OFFICIAL NOTICE OF SALE
$ *
Collier County Water-Sewer District (Florida)
Water and Sewer Revenue Bonds, Series 2006
Electronic Bids, as Described Herein, Will Be Accepted Until
[10:00 a.m.], Eastern Standard Time, November _, 2006*
* Preliminary, subject to change.
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale Page 1
Agenda Item No. 101
November 14, 2006
Page 21 of 50
OFFICIAL NOTICE OF SALE
$ .,.
Collier County Water-Sewer District
Water and Sewer Revenue Bonds, Series 2006
NOTICE IS HEREBY GIVEN that electronic bids will be received in the manner, on the
date and up to the time specified below:
DATE:
TIME:
October _,2006*
[10:00 A.M.] Eastern Standard Time*
ELECTRONIC BIDS: May be submitted only through BidcomplParity Competitive
Bidding System ("P ARITY'j as described below. No other form
of bid or provider of electronic bidding services will be accepted.
GENERAL
Bids will be received at the office of the County Manager of Collier County,
Florida, Collier County Government Complex, 3301 East Tamiami Trail, Building F
Naples, Florida 34112, for the purchase of all, but not less than all, of the
$ * Collier County Water-Sewer District Water and Sewer Revenue
Bonds, Series 2006 (the "Bonds") to be issued by the Collier County Water-Sewer
District (the "District") pursuant to the terms and conditions of Resolution No. CWS-85-
13 duly adopted by the Board of County Commissioners of Collier County, Florida,
acting as the ex-officio governing board of the District (the "Governing Body") on
December 26, 1985, as amended and supplemented (collectively, the "Bond Resolution").
Such bids will be opened in public in accordance with applicable legal requirements.
The Bond proceeds will be used to (i) finance the costs of various capital
improvements to the District's water and sewer utility system (the "System"), (ii)
capitalize a portion of the interest on the Bonds, (iii) fund a debt service reserve account,
(iv) refund, on a current basis, certain outstanding indebtedness of the District, and (v)
pay certain costs of issuance of the Bonds, including the premium for municipal bond
insurance.
The Bonds are more particularly described in the Preliminary Official Statement
dated October _, 2006 (the "Preliminary Official Statement") relating to the Bonds,
available at I-Deal, LLC's website, www.i-dealprospectus.com.This Official Notice of
Sale contains certain infonnation for quick reference only. It is not, and is not intended to
be, a summary of the Bonds. Each bidder is required to read the entire Preliminary
Official Statement to obtain infonnation essential to making an informed investment
decision.
* PrelImmary, subject to change.
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale Page 2
,A.genda Item No. 101
November 14, 2006
Page 22 of 50
Prior to accepting bids, the District reserves the right to change the principal
amount of the Bonds being offered and the terms of the Bonds, to postpone the sale to a
later date or time, or cancel the sale. Notice of a change or cancellation will be
announced via The Bond Buyer news service at the internet website address
www.tm3.com. not later than [Noon, Eastern Standard Time,] on the day preceding the
bid opening or as soon as practicable. Such notice will specify the revised principal
amount or terms, if any, and any later date or time selected for the sale, which may be
postponed or cancelled in the same manner. If the sale is postponed, a later public sale
may be held at the hour, in the manner, and on such date as communicated upon at least
twenty-four (24) hours notice via The Bond Buyer news service at the internet website
address www.tm3.com. The District reserves the right, after the bids are opened, to adjust
the principal amount of the Bonds, as further described herein. See "ADJUSTMENT OF
AMOUNTS AND MATURITIES."
To the extent any instructions or directions set forth in PARITY conflict with this
Official Notice of Sale, the terms of this Official Notice of Sale shall control. For further
information about PARITY and to subscribe in advance of the bid, potential bidders may
contact PARITY at (212) 849-5021.
Each prospective electronic bidder must be a subscriber to PARITY. Each
qualified prospective electronic bidder shall be solely responsible to make necessary
arrangements to view the bid form on PARITY and to access PARITY for the purposes of
submitting its bid in a timely manner and in compliance with the requirements of the
Official Notice of Sale. Neither the District nor PARITY shall have any duty or
obligation to provide or assure access to PARITY to any prospective bidder, and neither
the District nor PARITY shall be responsible for a bidder's failure to register to bid or for
proper operation of, or have any liability for any delays or interruptions of, or any
damages caused by, PARITY. The District is using PARITY as a communication
mechanism, and not as the District's agent, to conduct the electronic bidding for the
Bonds. The District is not bound by any advice and determination of PARITY to the
effect that any particular bid complies with the terms of this Official Notice of Sale and,
in particular, the bid specifications hereinafter set forth. All costs and expenses incurred
by prospective bidders in connection with their registration and submission of bids via
PARITY are the sole responsibility of such bidders and the District shall not be
responsible, directly or indirectly, for any such costs or expenses. If a prospective bidder
encounters any difficulty in submitting, modifying or withdrawing a bid for the Bonds,
the prospective bidder should immediately telephone PARITY at 212-849-5021 and notify
the District's Financial Advisor, Public Financial Management, Inc., at 239-939-3009.
The District shall have no responsibility for technological or transmission errors that any
bidder may experience in transmitting a bid. The use of PARITY shall be at the bidder's
risk and expense, and the District shall have no liability with respect thereto.
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 1006 - Official Notice of Sale Page 3
Agenda Item No. 101
November 14, 2006
Page 23 of 50
THE BONDS
The Bonds will be issued in fully registered, book-entry only form, without
coupons, will be dated as of their date of delivery (currently anticipated to be
November _, 2006), will be issued in denominations of $5,000 or integral multiples
thereof, will bear interest from their dated date until paid at the annual rate or rates
specified by the successful bidder, subject to the limitations specified below, payable as
shown on the Summary Table set forth herein. Interest will be computed on the basis of a
360-day year of twelve 3D-day months. The Bonds must meet the minimum and
maximum coupon and reoffering price criteria shown in the Summary Table on a
maturity and aggregate basis.
The Bonds will mature on the dates, in the years and principal amounts shown on
the Summary Table as serial bonds except as otherwise adjusted as described herein.
STRUCTURE
[Any two to four consecutive maturities of the Bonds maturing on or after July 1,
_ bearing interest at the same rate may be combined into up to four term bonds with
mandatory sinking fund installments equal to the amounts specified in the Official Notice
of Sale for the years combined to form a term bond.]
OPTIONAL REDEMPTION
[The Bonds maturing prior to July 1,2018 are not subject to optional redemption
prior to maturity. The Bonds maturing on and after July 1, 2017 are subject to
redemption in whole or in part, at any time, on or after July 1, , in such order of
maturities as may be determined by the District (less than all of a single maturity to be
selected by lot), at a redemption price equal to 100% of the principal amount of the
Bonds to be redeemed plus accrued interest to the date fixed for redemption.]
SECURITY
Bonds will be payable from and will be secured by, on a parity with the District's
Water and Sewer Refunding Revenue Bonds, Series 1999A, Water and Sewer Refunding
Revenue Bonds, Series 1999B, Taxable Water and Sewer Refunding Revenue Bonds,
Series 2003A, Water and Sewer Refunding Revenue Bonds, Series 2003B and any
Additional Bonds (as defined in the Bond Resolution) subsequently issued pursuant to the
Bond Resolution (collectively, the "Parity Bonds"). The Bonds and the Parity Bonds are
secured by a pledge of and lien upon the Pledged Funds (as defined in the Bond
Resolution) which include the Net Revenues (as defined in the Bond Resolution) and
other amounts derived from the operation of the System, all as described in the
Preliminary Official Statement.
CollieT County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale Page 4
Agenda Item NO.1 01
November 14, 2006
Page 24 of 50
Summary Table
If numerical or date references contained in the body of this Official Notice of Sale conflict with this Summary Table,
the body of this Official Notice of Sale shall control. Consult the body of this Official Notice of Sale for a detailed
explanation of the items contained in the Summary Table, including interpretation of such items and methodologies
used to determine such items. Prospective purchasers of the bonds must read the entire Official Notice of Sale and
the entire Preliminary Official Statement.
Terms of the Bonds
Dated Date:
Anticipated Delivery Date:
Interest Payment Dates:
Principal Payment Dates (July 1):
None
[Yes, on or after July I, 20171
Yes, at bidder's option. See "STRUCTURE" herein.
Unlimited
Unlimited
[98.0%]
[99.0%]
Yes, all maturities, by
premium to be paid by the District
Adiustment Parameters (As required to optimize funding of projects)
Principal Increases: Maturity Unlimited
Aggregate 10.0%
Maturity Unlimited
Aggregate 10.0%
Year
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
Principal Amount'"
Year
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
Interest Calculation:
Ratings:
Bidding Parameters
Sale Date:
Bidding Method:
All or none vs. Maturity-by-Maturity:
Bid A ward Method:
Bid Confirmation:
Bid A ward:
Good Faith Deposit:
Coupon Multiples:
Maximum Coupon:
Minimum Coupon:
Optional Redemption:
Term Bonds:
Maximum Reoffering Price:
Maturity
Aggregate
Maturity
Aggregate
Minimum Reoffering Price:
Insurance
Principal Reductions:
Date of Delivery
November _' 2006'"
July I and January 1, commencing [July 1,2007]
Principal Amount'"
Princioal Amount'"
Year
2029
2030
2031
2032
2033
2034
2035
2036
2037
360-day year of twelve 3D-day months
Moody's
Fitch
November , 2006'"
PARITY
All-or-none
Lowest true interest cost
Fax signed Official Confirmation of Bid Form
As soon as practicable on day of sale
$ ; Surety bond required prior to bid
1/8 or 1/20 of 1 %
%
'" Preliminary, subject to change.
["'* May be combined into up to four term bonds. See "STRUCTURE" herein.)
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 5
Agenda Item No. 101
November 14, 2006
Page 25 of 50
ADJUSTMENT OF AMOUNT AND MATURITIES
The aggregate principal amount of each maturity of Bonds is subject to adjustment
by the District after the receipt and opening of the bids for their purchase. Changes to be
made after the opening of the bids will be communicated to the successful bidder directly
prior to [8:00 a.m.,] Eastern Standard Time on the date following the sale date.
The District may cancel the sale of the Bonds or adjust the aggregate principal
amount. The District may increase or decrease the principal amount of the Bonds or any
maturity thereof by no more than the individual maturity or aggregate principal
percentages, if any, shown in the Swnmary Table. The District will consult with the
successful bidder before adjusting the amount of any maturity of the Bonds or canceling
the Bonds; however, the District reserves the sole right to make adjustments, within the
limits described above, or cancel the sale of the Bonds.
Adjustment to the size of the Bonds within the limits described above does not
relieve the purchaser from its obligation to purchase all of the Bonds offered by the
District.
Each bid must specify the initial reoffering prices to the public of each maturity of
Bonds. Adjustments may be made to the principal amounts based on the reoffering
prices shown on PARITY. In determining whether there will be any revision to the
principal amount of or maturity of the Bonds subsequent to the bid opening and award,
the District expects that changes may be made that are necessary to increase or decrease
the principal amount of the Bonds to meet the District's funding objectives, all subject to
the limitations set forth above.
In the event that the principal amount of any maturity of the Bonds is revised after
the award, the interest rate and reoffering price for each maturity and the Underwriter's
Discount on the Bonds as submitted by the successful bidder shall be held constant. The
"Underwriter's Discount" shall be defined as the difference between the purchase price of
the Bonds submitted by the bidder and the price at which the Bonds will be issued to the
public, calculated from information provided by the bidder, divided by the par amount of
the Bonds bid.
FORM AND PAYMENT
The Bonds will be issued in fully registered, book-entry only form and a bond
certificate for each maturity will be issued to The Depository Trust Company, New York,
New York ("DTC"), registered in the name of its nominee, Cede & Co. A book-entry
system will be employed, evidencing ownership of the Bonds, with transfers of
ownership effected on the records of DTC and its participants pursuant to rules and
procedures adopted by DTC and its participants. The successful bidder, as a condition to
delivery of the Bonds, will be required to deposit the Bond certificates with DTC or the
Registrar (as defined below), registered in the name of Cede & Co. Principal of,
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale Page 6
Agenda Item No. 101
November 14, 2006
Page 26 of 50
premium, if any, and interest on the Bonds will be payable by U.S. Bank National
Association the paying agent and registrar (the "Registrar") for the Bonds by wire transfer
or in clearinghouse funds to DTC or its nominee as registered owner of the Bonds.
Transfer of principal, premium, if any, and interest payments to the beneficial owners by
participants of DTC will be the responsibility of such participants and other nominees of
beneficial owners. Neither the District nor the Registrar will be responsible or liable for
payments by DTC to its participants or by DTC participants to beneficial owners or for
maintaining, supervising or reviewing the records maintained by DTC, its participants or
persons acting through such participants.
Principal of, and premium, if any, on the Bonds will be payable upon presentation
and surrender thereof at the designated corporate office of the Registrar on the dates, in
the years and amounts established in accordance with the award of the Bonds. Interest on
the Bonds is payable on the dates shown in the Summary Table. The Registrar will mail
interest payments on the Bonds on each interest payment date to the owners of the Bonds
at the addresses listed on the registration books maintained by the Registrar for such
purpose at the close of business on the date which shall be the fifteenth day (whether or
not a business day) of the calendar month next proceeding the applicable payment date,
as described in the Bond Resolution. So long as DTC or its nominee is the registered
owner of the Bonds, payments of principal, interest and any redemption premium on the
Bonds will be made to DTC or its nominee.
PRELIMINARY OFFICIAL
STATEMENT
STATEMENT AND FINAL OFFICIAL
The District has authorized the preparation and distribution of a Preliminary
Official Statement containing information relating to the Bonds. The Preliminary
Official Statement has been deemed final by the District as required by Rule 15c2-12 of
the Securities and Exchange Commission. The District will furnish the successful bidder
on the date of closing, with its certificate as to the completeness and accuracy of the
Official Statement.
The Preliminary Official Statement and this Official Notice of Sale and any other
information concerning the proposed financing will be available electronically at I-Deal,
LLC's website, www.i-dealprospectus.com. Assistance in obtaining the documents will
be provided by I-Deal, LLC customer service at 212-849-5021 or from Public Financial
Management, Inc., Financial Advisor to the District, 13350 Metro Parkway, Suite 302,
Fort Myers, FL 33912, Phone 239-939-3009, Fax 239-939-1220 or email
sheltonl@pfm.com.
The Preliminary Official Statement, when amended to reflect the actual amount of
the Bonds sold, the interest rates specified by the successful bidder and the price or yield
at which the successful bidder will reoffer the Bonds to the public, together with any
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale Page 7
Agenda Item No.1 01
November 14. 2006
Page 27 of 50
other information required by law, will constitute a final "Official Statement" with
respect to the Bonds as that term is defined in Rule 15c2-12. No more than seven
business days after the date of the sale, the District will provide without cost to the
respective successful bidder up to 200 copies of the Official Statement. If the Bonds are
awarded to a syndicate, the District will designate the senior managing underwriter of the
syndicate as its agent for purposes of distributing copies of the Official Statement to each
participating underwriter. Any underwriter submitting a bid with respect to the Bonds
agrees thereby that if its bid is accepted, it shall accept such designation and shall enter
into a contractual relationship with all participating underwriters for the purpose of
assuring the receipt and distribution by each participating underwriter of the Official
Statement.
LEGAL OPINIONS
The Bonds will be sold subject to the opinion of Nabors, Giblin & Nickerson,
P .A., the District's Bond Counsel, as to the legality thereof and such opinion will be
furnished without cost to the purchaser and all bids will be so conditioned. A form of
Bond Counsel's opinion is attached to the Preliminary Official Statement as Appendix _'
Certain matters will be passed on for the District by David C. Weigel, Esq., County
Attorney and Bryant Miller & Olive P.A., the District's Disclosure Counsel.
A legal opinion (or reliance letter thereon) of Bryant Miller & Olive P.A., Tampa,
Florida, Disclosure Counsel, and a legal opinion of David C. Weigel, Esq., County
Attorney, with respect to certain matters concerning the Official Statement will be
furnished without charge to the successful bidder at the time of delivery of the Bonds.
BIDDING PROCEDURE; OFFICIAL BID FORMS
Only electronic bids submitted via PARITY will be accepted. No other provider of
electronic bidding services will be accepted. No bid delivered in person or by facsimile
directly to the District will be accepted. Bidders are permitted to submit bids for the
Bonds during the bidding time period, provided they are eligible to bid as described
under "GENERAL" above.
Each electronic bid submitted via PARITY shall be deemed an irrevocable offer in
response to this Official Notice of Sale and shall be binding upon the bidder as if made
by a signed, sealed bid delivered to the District. All bids remain firm until an award is
made. The successful bidder must confirm the details of such bid by a signed Official
Confirmation of Bid Form delivered by fax to Public Financial Management, Inc. at 239-
939-1220 no later than one hour after being notified by the District of being the winning
bidder, the original of which must be received by Public Financial Management, Inc.,
Financial Advisor to the District on the following business day at 13350 Metro Parkway,
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice ofSaie Page 8
Agenda Item No. 101
November 14, 2006
Page 28 of 50
Suite 302, Fort Myers, FL 33912. Failure to deliver does not relieve the bidder of the
obligation to purchase the Bonds.
FORM OF BID
Bidders must bid to purchase all maturities of the Bonds. Each bid must specify
(1) an annual rate of interest for each maturity, (2) reoffering price or yield for each
maturity and (3) a dollar purchase price for the entire issue of the Bonds. No more than
one (1) bid from any bidder will be considered.
A bidder must specify the rate or rates of interest per annum (with no more than
one rate of interest per maturity), which the Bonds are to bear, to be expressed in
multiples of [1/8 or 1/20 of 1 %.] Any number of interest rates may be named, but the
Bonds of each maturity must bear interest at the same single rate for all bonds of that
maturity.
Each bid for the Bonds must meet the minimum and maximum coupon criteria and
minimum and maximum reoffering price criteria shown in the Summary Table on a
maturity and aggregate basis.
Each bidder must specify, as part of its bid, the prices or yields at which a
substantial amount (i.e., at least 10%) of the Bonds of each maturity will be offered and
sold to the public. Reoffering prices presented as a part of the bids will not be used in
computing the bidder's true interest cost. As promptly as reasonably possible after bids
are received, the District will notify the successful bidder that it is the apparent winner.
MUNICIPAL BOND INSURANCE
The District has received a commitment from of its intent
to issue a municipal bond insurance policy insuring payment of principal and interest on
the Bonds, when due. The cost of municipal bond insurance will be paid by the District.
Information regarding the bond insurance commitment may be obtained from the Public
Financial Management, Inc., Financial Advisor to the District, 13350 Metro Parkway,
Suite 302, Fort Myers, FL 33912, 239-939-3009, sheltonl@pfm.com.
AWARD OF BID
The District expects to award the Bonds to the winning bidder as soon as
practicable after the bids are opened on the sale date. Bids may not be withdrawn prior to
the award. Unless all bids are rejected, the Bonds will be awarded by the District on the
sale date to the bidder whose bid complies with this Official Notice of Sale and results in
the lowest True Interest Cost ("TIC") to the District. The lowest TIC will be determined
by doubling the semi-annual interest rate, compounded semi-annually, necessary to
discount the debt service payments from the payment dates to the dated date of the Bonds
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale Page 9
Agenda Item No. 101
November 14, 2006
Page 29 of 50
and to the aggregate purchase price of the Bonds. If two or more responsible bidders
offer to purchase the Bonds at the same lowest TIC, the District will award the Bonds to
one of such bidders by lot. Only the fmal bid submitted by any bidder through PARITY
will be considered. The right reserved to the District shall be final and binding upon all
bidders with respect to the form and adequacy of any proposal received and as in its
conformity to the terms of this Official Notice of Sale.
RIGHT OF REJECTION
The District reserves the right, in its discretion, to reject any and all bids and to
waive irregularity or informality in any bid.
DELIVERY AND PAYMENT
Delivery of the Bonds will be made by the District to DTC in book-entry only
form, in New York, New York on or about the delivery date shown in the Summary
Table, or such other date agreed upon by the District and the successful bidder. Payment
for the Bonds must be made in Federal Funds or other funds immediately available to the
District at the time of delivery of the Bonds. Any expenses incurred in providing
immediate funds, whether by transfer of Federal Funds or otherwise, will be borne by the
purchaser. The District intends to conduct the closing in Naples, Florida,
RIGHT OF CANCELLATION
The successful bidder will have the right, at its option, to cancel its obligation to
purchase the Bonds if the Registrar fails to authenticate the Bonds and tender the same
for delivery within 60 days from the date of sale thereof, and in such event the successful
bidder will be entitled to the return of the Good Faith Deposit accompanying its bid.
GOOD FAITH DEPOSIT
Each bid for the purchase of the Bonds must be accompanied by a financial surety
bond which guarantees payment to the District of the Good Faith Deposit amount shown
in the Summary Table to secure the District against any loss resulting from a failure of
the successful bidder to take up and pay for the Bonds in accordance with the terms of
this Official Notice of Sale and of their bids. Each financial surety bond must be from an
insurance company acceptable to the District and licensed to issue such a bond in the
State of Florida. Each financial surety bond must be submitted to Public Financial
Management, Inc., Financial Advisor to the District, 13350 Metro Parkway, Suite 302,
Fort Myers, FL 33912, or by facsimile to 239-939-1220, prior to the time bids are
required to be submitted and must be in form and substance acceptable to the District.
Each financial surety bond must identify each bidder whose deposit is guaranteed by such
financial surety bond.
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 10
.L\genda Item No. 101
r-Jovember 14, 2006
Page 30 of 50
The successful bidder for the Bonds is required to submit its Good Faith Deposit
to the District in the form of a wire transfer in federal funds not later than [12:30 p.m.],
Eastern Standard Time, on the next business day following the award. If such deposit is
not received by that time, the relevant financial surety bond will be drawn upon by the
District to satisfy the deposit requirement.
The Good Faith Deposit so wired will be retained by the District until the delivery
of such Bonds, at which time the good faith deposit will be applied against the purchase
price of such Bonds or the good faith deposit will be retained by the District as partial
liquidated damages in the event of the failure of the successful bidder to take up and pay
for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid.
The District will pay no interest on the good faith deposit. The balance of the purchase
price must be wired in federal funds to the account detailed in the closing memorandum
provided by the District to the successful purchaser, simultaneously with delivery of such
Bonds.
CUSIP NUMBERS
It is anticipated that CUSIP numbers will be printed on the Bonds, but neither
failure to print such numbers on any Bonds nor any error with respect thereto will
constitute cause for a failure or refusal by the purchaser thereof to accept delivery of and
pay for the Bonds. Bond Counsel will not review or express any opinion as to the
correctness of such CUSIP numbers. The policies of the CUSIP Service Bureau will
govern the assignment of specific numbers to the Bonds. The successful bidder will be
responsible for applying for and obtaining CUSIP numbers for the Bonds. All expenses
in relation to the printing of CUSIP numbers on the Bonds will be paid for by the
District; provided, however, that the CUSIP Service Bureau charge for the assignment of
said numbers will be the responsibility of and will be paid for by the successful bidder.
BLUE SKY
The District has not undertaken to register the Bonds under the securities laws of
any state, nor investigated the eligibility of any institution or person to purchase or
participate in the underwriting of the Bonds under any applicable legal investment,
insurance, banking or other laws. By submitting a bid for the Bonds, the successful
bidder represents that the sale of the Bonds in states other than Florida will be made only
under exemptions from registration or, wherever necessary, the successful bidder will
register the Bonds in accordance with the securities laws of the state in which the Bonds
are offered or sold. The District agrees to cooperate with the successful bidder, at the
bidder's written request and expense, in registering the Bonds or obtaining an exemption
from registration in any state where such action is necessary; provided, however, that the
District shall not be required to consent to suit or to service of process in any jurisdiction.
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 11
;;'iliI~Ifii$l__;\l_",1llIII_lililIi!IIfIIi"0lll0__;!;'!lIiI"io"I,;;,,,,-,";,,,,"_";,,,;~,,,;,..,,.;"""';"""",..,,,,'.i'.'"_'._',,
Agenda Item No. 101
November 14,2006
Page 31 of 50
DISCLOSURE OBLIGATIONS OF THE PURCHASER
Section 218.38(1)(b)(2), Florida Statutes, requires that the successful purchaser
file a statement with the District containing information with respect to any fee, bonus or
gratuity paid, in connection with the Bonds, by any underwriter or fmancial consultant to
any person not regularly employed or engaged by such underwriter or consultant.
Receipt of such statement is a condition precedent to the delivery of the Bonds to such
successful bidder. The winning bidder must (1) complete the Truth-in-Bonding
Statement provided by Bond Counsel (the form of which is attached hereto as Exhibit A)
and (2) indicate whether such bidder has paid any finder's fee to any person in connection
with the sale of the Bonds in accordance with Section 218.3 86, Florida Statutes. The
successful purchaser will be required to submit to the District prior to closing a
certification to the effect that (i) all of the Bonds have been subject of a bona fide initial
offering to the public (excluding bond houses, brokers or similar persons or organizations
acting in the capacity of underwriters or wholesalers) at prices no higher than those
shown on the cover of the Official Statement relating to the Bonds, (ii) to the best of their
knowledge, and based on their records and other information available to them which
they believe to be correct, at least 10 percent of each maturity of the Bonds were sold to
the public (excluding bond houses, brokers or similar persons or organizations acting in
the capacity of underwriters or wholesalers) at initial offering prices not greater than or
yields not lower than the respective prices or yields shown on the cover of the Official
Statement, and (iii) at the time they agreed to purchase the Bonds, based upon their
assessment of the then prevailing market conditions, they had no reason to believe any of
the Bonds would be sold to the public (excluding bond houses, brokers or similar persons
or organizations acting in the capacity of underwriters or wholesalers) at prices greater
than or yields lower than the respective prices or yields shown on the cover of the
Official Statement.
CONTINUING DISCLOSURE
The District has covenanted to provide ongoing disclosure in accordance with
Rule 15c2-12 of the Securities and Exchange Commission. The specific nature of the
information to be contained in the annual report and the notices of material events are set
forth in the Continuing Disclosure Certificate which is reproduced in its entirety in
Appendix F attached to the Preliminary Official Statement for the Bonds. The covenants
have been undertaken by the District in order to assist the successful purchaser in
complying with clause (b) (5) of Rule 15c2-12 of the Securities and Exchange
Commission.
CERTIFICA TE
The District will deliver to the purchaser of the Bonds a certificate of an official of
the District, dated the date of delivery of said Bonds, stating that as of the date thereof, to
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 12
Agenda Item NO.1 01
November 14, 2006
Page 32 of 50
the best of the knowledge and belief of said official, the Official Statement does not
contain an untrue statement of a material fact or omit to state any material fact necessary
in order to make the statements made therein, in light of the circumstances under which
they were made, not misleading, and further certifying that the signatory knows of no
material adverse change in the financial condition of the District. The District shall
furnish at its expense within seven (7) business days after the Bonds have been awarded
to the successful bidder no more than 200 copies of the final Official Statement.
Additional copies of the Official Statement may be provided at the request and expense
ofthe winning bidder.
CHOICE OF LAW
Any litigation or claim arising out of any bid submitted (regardless of the means of
submission) pursuant to this Official Notice of Sale shall be governed by and construed in
accordance with the laws of the State of Florida. The venue situs for any such action
shall be the state courts of the Twentieth Judicial Circuit in and for Collier County,
Florida.
NOTICE OF BIDDERS REGARDING PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the Convicted Vendor List (as
described in Florida Statutes) following a conviction for a public entity crime may not
submit a bid.
COLLIER COUNTY WATER-SEWER
DISTRICT
By: /s/ Frank Halas
Chairman, Board of County Commissioners
of Collier County, Florida, as the Ex-Officio
Chairman of the Governing Board of the
Collier County Water-Sewer District
Dated: October _, 2006
Collier County WaJer-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 13
Agenda Item NO.1 01
November 14, 2006
Page 33 of 50
EXHIBIT A
TRUTH-IN-BONDING STATEMENT
November _, 2006
Board of County Commissioners
of Collier County, Florida, as the Ex-Officio
Governing Board of the Collier County
Water-Sewer District
Re: Collier County Water-Sewer District Water and Sewer Revenue
Bonds, Series 2006
Dear Members:
The purpose of the following two paragraphs is to furnish, pursuant to the
provisions of Sections 218.385(2) and (3), Florida Statutes, as amended, the truth-in-
bonding statement required thereby, as follows:
(a) The District is proposing to issue $ principal amount of the
above-referenced Bonds for the principal purposes of (i) financing the costs of various
capital improvements to the District's water and sewer utility system (the "System"), (ii)
capitalizing a portion of the interest on the Bonds, (iii) funding a debt service reserve
account, (iv) refunding, on a current basis, certain outstanding indebtedness of the
District, and (v) paying certain costs of issuance of the Bonds, including the premium for
municipal bond insurance. This obligation is expected to be repaid over a period of
approximately _ years. At a true interest cost of %, total interest paid over the
life of the obligation will be approximately $
(b) The Bonds are special limited obligations of the District. The principal
source of repayment or security for the Bonds is certain net revenues and other amounts
derived from the operation of the System (as described in the Official Statement for the
Bonds). Authorizing this debt will result in approximately $ (representing
the average annual debt service with respect to the Bonds) of such moneys being used to
pay debt service on the Bonds each year for _ years.
The foregoing is provided for information purposes only and shall not affect or
control the actual terms and conditions of the Bonds.
Very truly yours,
Underwriter
By:
Authorized Signatory
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 14
Agenda Item NO.1 01
November 14, 2006
Page 34 of 50
OFFICIAL CONFIRMATION OF BID FORM
$ *
Collier County Water-Sewer District
Water and Sewer Revenue Bonds, Series 2006
The undersigned hereby offer to purchase all of the Collier County Water-Sewer
District Water and Sewer Revenue Bonds, Series 2006 (the "Series 2006 Bonds"), to be
dated as of the date of delivery (expected to be November _, 2006), described in the
attached Official Notice of Sale and the Preliminary Official Statement referred to
therein, which by reference is made part of this bid, for all but not less than all of said
Series 2006 Bonds and will pay therefor, at the time of delivery, in immediately available
Federal Reserve Funds
Dollars ($ ), bearing interest at the following rates per annum:
Interest
Rate
ReofTering
Price or
Yield
Interest
Rate
Reoffering
Price or
Yield
Year
(Julv 1)
Principal*
Amount
Year
(Julv 1)
Principal*
Amount
2007
2008
2009
2010
20] 1
2012
2013
2014
20]5
2016
20]7
20]8
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
* Preliminary, subject to change.
[** May be combined into up to four term bonds. See "STRUCTURE" herein.]
[Any two to four consecutive maturities of the Series 2006 Bonds maturing on or
after July l, bearing interest at the same rate may be combined into up to four
term bonds with mandatory sinking fund installments equal to the amounts specified in
the Official Notice of Sale for the years combined to form a term bond.]
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 15
Agenda Item NO.1 01
~~ovember 14, 2006
Page 35 of 50
The principal installments for the Series 2006 Bonds indicated on the previous
page shall be applied for the mandatory retirement of up to four Term Bonds maturing in
the years and amounts and bearing interest as follows:
$ Term Bonds maturing on July 1, _at _% per annum to yield _% per
annum
$ Term Bonds maturing on July 1, _at _% per annum to yield _% per
annum
$ Term Bonds maturing on July 1, _at _% per annum to yield _% per
annum
$ Term Bonds maturing on July 1, _at _% per annum to yield _% per
annum
GOOD FAITH DEPOSIT
In accordance with the attached Official Notice of Sale, we are the authorized
principal of a Financial Surety Bond in the amount of Dollars
($ ) with respect to this bid as described in the attached Official
Notice of Sale.
MISCELLANOUS
This proposal is not subject to any conditions not expressly stated herein or in the
attached Official Notice of Sale. Receipt and review of the Preliminary Official
Statement relating to the Series 2006 Bonds is hereby acknowledged. The names of the
underwriters or member of the account or joint bidding account, if any, who are
associated for the purpose of this Proposal are listed either below or on a separate sheet
attached hereto.
TRUTH IN BONDING STATEMENT
Prior to an award, the successful bidder must complete, sign and deliver with this
Official Confirmation of Bid Form the Truth in Bonding Statement which is attached to
the Official Notice of Sale as Exhibit A. The District reserves the right to assist the
bidder in correcting any inconsistencies or inaccuracies set forth in such Truth in
Bonding Statement. The District may waive any inconsistencies or inaccuracies relating
to such Statements and any such waived inconsistencies or inaccuracies shall not
adversely affect the bid.
Furthermore, pursuant to Section 218.386, Florida Statutes, the names, addresses
and estimated amounts of compensation of any person who has entered into an
understanding with the underwriters or, to the managing underwriter's knowledge, the
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 16
Agenda Item NO.1 01
November 14, 2006
Page 36 of 50
District, or both, for any paid or promised compensation or valuable consideration,
directly or indirectly, expressly or implied, to act solely as an intermediary between the
District and managing underwriter or who exercises or attempts to exercise any influence
to effect any transaction in the purchase of the Series 2006 Bonds are set forth below in
the space provided. If no information is provided below, the District shall presume no
compensation was or will be paid.
Senior Manager:
Address
Authorized Signature:
City
State
Zip Code
Printed Name:
Telephone Number
Facsimile Number
Collier County Water-Sewer District Water and Sewer Revenue Bonds, Series 2006 - Official Notice of Sale
Page 17
Agenda Item NO.1 01
November 14, 2006
Page 37 of 50
RESOLUTION NO CWS-
RESOLUTION AMENDING IN CERTAIN RESPECTS
RESOLUTION NO. CWS-85-13 OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, AS AMENDED
AND SUPPLEMENTED, WHICH RESOLUTION CWS-85-
13 RELATES TO THE ISSUANCE OF COLLIER COUNTY
WATER-SEWER DISTRICT WATER AND SEWER
REVENUE BONDS; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOL YED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ACTING AS THE EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT:
SECTION 1.
FINDINGS. It is hereby found and determined that:
(A) On July 30, 1985, the Board of County Commissioners of Collier County,
Florida, acting as the ex-officio governing board (the "Governing Body") of the Collier
County Water-Sewer District (the "Issuer") duly adopted Resolution No. CWS-85-5, as
amended and restated by Resolution No. CWS-85-13 duly adopted on December 26,
1985, as amended and supplemented (collectively, the "Bond Resolution"), for the
purposes described therein.
(B) Pursuant to the Bond Resolution, the Issuer has issued several series of
Bonds, certain of which remain outstanding under the Bond Resolution.
(C) The Issuer deems it necessary and desirable to amend the Bond Resolution
in certain respects.
SECTION 2. DEFINITIONS. Except as otherwise provided herein,
capitalized terms used herein shall have the meanings ascribed thereto in the Bond
Resolution, except when the context thereof would clearly indicate otherwise.
SECTION 3. AMENDMENTS TO THE BOND RESOLUTION. (A) the
definition of "Gross Revenues" set forth in Section 1.01 of the Bond Resolution is hereby
amended in its entirety to read as follows:
"Gross Revenues" shall mean all income and moneys received by
the Issuer from the rates, fees, rentals, charges and other income to be made
and collected by the Issuer for the use of the products, services and
facilities to be provided by the System, or otherwise received by the Issuer
or accruing to the Issuer in the management and operation of the System,
1
Agenda Item NO.1 01
November 14, 2006
Page 38 of 50
calculated in accordance with generally accepted accounting methods
employed in the operation of public utility systems similar to the System,
including, without limiting the generality of the foregoing, Connection
Fees, AFPI and all earnings and income derived from the investment of
moneys under the provisions of this Resolution which are transferred to the
Revenue Fund or Interest Account as herein provided. "Gross Revenues"
shall not include (1) any Government Grants, (2) System Development
Fees, and (3) Special Assessments.
(B) Section 1.01 of the Bond Resolution IS hereby amended to add the
following definition:
"AFPI" shall mean Allowance for Funds Prudently Invested fees, to
the extent lawfully levied by the Issuer.
(C) Section 4.05 of the Bond Resolution is hereby amended to add a new
paragraph (E) to read as follows:
(E) AFPI shall be deposited, as received, in a separate account of
the Revenue Fund maintained by the Issuer. AFPI shall be utilized by the
Issuer for lawful purposes related to the System including, but not limited
to, acquisition and construction of improvements and additions to the
System which provide capacity to new users and payment of debt service
on obligations related thereto.
SECTION 4. BOND RESOLUTION TO CONTINUE IN FORCE.
Except as herein expressly provided, the Bond Resolution and all the terms and
provisions thereof are and shall remain in full force and effect. The provisions of this
resolution shall supersede the provisions of the Bond Resolution to the extent of any
conflict therewith.
SECTION 5. EFFECTIVE DATE. This resolution shall become effective
immediately upon its adoption.
2
Agenda Item No.1 01
N oV9mber 14, 2006
Page 39 of 50
DULY ADOPTED, in Regular Session this 14th day of November, 2006.
(SEAL)
ATTEST:
Clerk, Board of County Commissioners
of Collier County, Florida, as Ex-Officio
Clerk of the Governing Board of the
Collier County Water-Sewer District
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
District Attorney
COLLIER COUNTY WATER-SEWER
DISTRICT
By:
Chairman, Board of County Commissioners
of Collier County, Florida, as the Ex-Officio
Chairman of the Governing Board of the
Collier County Water-Sewer District
3
Agenda Item No. 101
November 14, 2006
Page 40 of 50
CONSENT OF FINANCIAL GUARANTY INSURANCE CORPORATION
The undersigned, on behalf of Financial Guaranty Insurance Corporation, the
Bond Insurer for a portion of the bonds outstanding under Resolution No. CWS-85-13
(the "Bond Resolution"), hereby consents to the amendments to the Bond Resolution as
described in the Resolution to which this Consent is attached.
FINANCIAL GUARANTY INSURANCE
CORPORATION
By:
Title:
Agenda Item NO.1 01
November 14, 2006
Page 41 of 50
CONSENT OF FINANCIAL SECURITY ASSURANCE INC.
The undersigned, on behalf of Financial Security Assurance Inc., the Bond Insurer
for a portion of the bonds outstanding under Resolution No. CWS-85-13 (the "Bond
Resolution"), hereby consents to the amendments to the Bond Resolution as described in
the Resolution to which this Consent is attached,
FINANCIAL SECURITY ASSURANCE INC.
By:
Title:
Agenda Item No. 101
t-Jovember 14, 2006
Page 42 of 50
APPENDIX E
FORM OF CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by
the Collier County Water-Sewer District (the "Issuer") in connection with the issuance of its
$ Water and Sewer Revenue Bonds, Series 2006 (the "Series 2006 Bonds" or the "Bonds").
The Bonds are being issued pursuant to Resolution No. CWS-85-5 of the Issuer adopted on July 30, 1985,
as restated, amended and supplemented, and as particularly supplemented by Resolution No.
of the Issuer adopted on , 2006 (collectively, the "Resolution"). The Issuer
covenants and agrees as follows:
SECTION 1. PURPOSE OF THE DISCLOSURE CERTIFICATE. This Disclosure Certificate is
being executed and delivered by the Issuer for the benefit of the Holders and Beneficial Owners of the
Bonds and in order to assist the Participating Underwriters in complying with the continuing disclosure
requirements of Securities and Exchange Commission Rule 15c2-12.
SECTION 2. DEFINITIONS. In addition to the definitions set forth in the Resolution which
apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section,
the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the Issuer pursuant to, and as
described in, Sections 3 and 4 of this Disclosure Certificate.
"Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote
or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds
through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for
federal income tax purposes.
"Dissemination Agent" shall mean the Issuer, or any successor Dissemination Agent, designated
in writing by the Issuer and which has filed with the Issuer a written acceptance of such designation.
"Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate.
"National Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. The National Repositories currently approved by the Securities and
Exchange Commission are set forth in Exhibit B.
"Participating Underwriters" shall mean the original underwriters of the Bonds required to
comply with the Rule in connection with offering of the Bonds.
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean the continuing disclosure requirements of Rule 15c2-12 adopted by the
Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be
amended from time to time.
"State" shall mean the State of Florida.
{4399106/00048591.DOCvl}
E-1
Agenda Item No. 101
November 14. 2006
Page 43 of 50
"State Repository" shall mean any public or private repository or entity designated by the State as
a state information depository for the purpose of the Rule and recognized as such by the Securities and
Exchange Commission. As of the date of this Certificate, there is no State Repository.
SECTION 3. PROVISION OF ANNUAL REPORTS.
(a) The Issuer shall, or shall cause the Dissemination Agent to, not later than each
April 30th, commencing April 30, 2007 with respect to the report for the 2006 fiscal year, provide to each
Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure
Certificate. The Annual Report may be submitted as a single document or as separate documents
comprising a package, and may cross-reference other information as provided in Section 4 of this
Disclosure Certificate; provided that the audited financial statements of the Issuer may be submitted
separately from the balance of the Annual Report and later than the date required above for the filing of
the Annual Report if they are not available by that date provided, further, in such event unaudited
financial statements are required to be delivered as part of the Annual Report in accordance with Section
4(a) below. If the Issuer's fiscal year changes, it shall give notice of such change in the same manner as for
a Listed Event under Section 5(c).
(b) Not later than fifteen (15) Business Days prior to the date set forth in (a) above,
the Issuer shall provide the Annual Report to the Dissemination Agent (if other than the Issuer). If the
Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection (a),
the Issuer shall send a notice to (i) each National Repository or the Municipal Securities Rulemaking
Board, and (ii) the State Repository in substantially the form attached as Exhibit A.
(c) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report the name
and address of each National Repository and the State Repository, if any; and
(ii) if the Dissemination Agent is other than the Issuer, file a report with the Issuer
certifying that the Annual Report has been provided pursuant to this Disclosure Certificate,
stating the date it was provided and listing all the Repositories to which it was provided.
SECTION 4. CONTENT OF ANNUAL REPORTS. The Issuer's Annual Report shall contain or
include by reference the following:
(a) the audited financial statements of the Issuer for the prior fiscal year, prepared in
accordance with generally accepted accounting principles as promulgated to apply to governmental
entities from time to time by the Governmental Accounting Standards Board. If the Issuer's audited
financial statements are not available by the time the Annual Report is required to be filed pursuant to
Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the
financial statements contained in the final Official Statement dated . 2006 (the "Official
Statement"), and the audited financial statements shall be filed in the same manner as the Annual Report
when they become available.
(4399/06/00048591.DOCvl)
E-2
Agenda Item NO.1 01
November 14, 2006
Page 44 of 50
(b) updates to the following historical financial information and operating data presented in
tabular form under the section entitled "THE SYSTEM" in the Official Statement:
[1. Historical Sewer System and Water System Equivalent Residential Connections and
Water and Sewer Accounts;
2. Summary of Existing and Future Water Rates;
3. Summary of Existing and Future Sewer Rates;
4. Summary of Existing Reuse Irrigation Rates;
5. Current System Development Fees; and
6. Historical Revenues, Expenses and Debt Service Coverage (last 5 fiscal years).]
The information provided under Section 4(b) may be included by specific reference to other
documents, including official statements of debt issues of the Issuer or related public entities, which have
been submitted to each of the Repositories or the Securities and Exchange Commission. If the document
included by reference is a final official statement, it must be available from the Municipal Securities
RuJemaking Board. The Issuer shall clearly identify each such other document so included by reference.
SECTION 5. REPORTING OF SIGNIFICANT EVENTS.
(a) Pursuant to the provisions of this Section 5, the Issuer shall give, or cause to be
given, notice of the occurrence of any or the following events with respect to the Bonds, if material:
1. principal and interest payment delinquencies;
2. non-payment related defaults;
3. unscheduled draws on the debt service reserves reflecting financial difficulties;
4. unscheduled draws on credit enhancements reflecting financial difficulties;
5. substitution or credit or liquidity providers, or their failure to perrorm;
6. adverse tax opinions or events affecting the tax-exempt status of the Bonds;
7. modifications to rights of the holders of the Bonds;
8. Bond calls (other than scheduled mandatory redemption);
9. defeasances;
10. release, substitution, or sale or property securing repayment or the Bonds;
11. ratings changes; and
12. notice of any failure on the part of the Issuer to meet the requirements of Section
3 hereof.
(b) Whenever the Issuer obtains knowledge of the occurrence of a Listed Event, the
Issuer shall promptly determine if such event would be material under applicable federal securities laws;
provided, however, that any event under clauses 4,5,6, 10, 11 and 12 above shall always be deemed to be
material.
(c) If the Issuer determines that knowledge of the occurrence of a Listed Event
would be material under applicable federal securities laws, the Issuer shall promptly file a notice of such
occurrence with (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the
State Repository.
SECTION 6. TERMINATION OF REPORTING OBLIGATION. The Issuer's obligations under
this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full
{4399/06/00048591.00Cvl)
E-3
",~$~~~~11lOOlI!Il.!4l;10HlI1W~"Hl"':,,;;;Iill>',"";''''''';
Agenda Item No. 101
November 14,2006
Page 45 of 50
of all of the Bonds or if the Rule is repealed or no longer in effect. If such termination occurs prior to the
final maturity of the Bonds, the Issuer shall give notice of such termination in the same manner as for a
Listed Event under Section 5(c).
SECTION 7. DISSEMINATION AGENT. The Issuer may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may
discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent.
The Dissemination Agent shall not be responsible in any manner for the content of any notice or report
prepared by the Issuer pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be
the Issuer.
SECTION 8. AMENDMENT; WAIVER. Notwithstanding any other provision of this Disclosure
Certificate, the Issuer may amend this Disclosure Certificate, and any provision of this Disclosure
Certificate may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4, or 5(a), it
may only be made in connection with a change in circumstances that arises from a change in legal
requirements, change in law, or change in the identity, nature or status of the Issuer, or the type
of business conducted;
(b) The undertaking, as amended or taking into account such waiver, would, in the
opinion of nationally recognized bond counsel, have complied with the requirements of the Rule
at the time of the original issuance of the Bonds, after taking into account any amendments or
interpretations of the Rule, as well as any change in circumstances; and
(c) The amendment or waiver either (i) is approved by the holders or Beneficial
Owners of the Bonds in the same manner as provided in the Resolution for amendments to the
Resolution with the consent of holders or Beneficial Owners, or (ii) does not, in the opinion of
nationally recognized bond counsel, materially impair the interests of the holders or Beneficial
Owners of the Bonds.
In the event of any amendment or waiver of a provision of this Disclosure Certificate, the Issuer shall
describe such amendment in the next Annual Report, and shall include, as applicable, a narrative
explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a
change of accounting principles, on the presentation) of financial information or operating data being
presented by the Issuer. In addition, if the amendment relates to the accounting principles to be followed
in preparing financial statements, (i) notice of such change shall be given in the same manner as for a
Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made
should present a comparison (in narrative form and also, if feasible, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared on the
basis of the former accounting principles.
SECTION 9. ADDITIONAL INFORMATION. Nothing in this Disclosure Certificate shall be
deemed to prevent the Issuer from disseminating any other information, using the means of
dissemination set forth in this Disclosure Certificate or any other means of communication, or including
any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that
which is required by this Disclosure Certificate. If the Issuer chooses to include any information in any
Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required
14399/06/00048591.DOCvl}
E-4
Agenda Item NO.1 01
November 14, 2006
Page 46 of 50
by this Disclosure Certificate, the Issuer shall have no obligation under this Certificate to update such
information or include it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. DEFAULT. In the event of a failure of the Issuer to comply with any provision of
this Disclosure Certificate, any holder or Beneficial Owner of the Bonds may take such actions as may be
necessary and appropriate, including seeking mandamus or specific performance by court order, to cause
the Issuer to comply with its obligations under this Disclosure Certificate; provided, however, the sole
remedy under this Disclosure Certificate in the event of any failure of the Issuer to comply with the
provisions of this Disclosure Certificate shall be an action to compel performance. A default under this
Disclosure Certificate shall not be deemed an Event of Default under the Resolution.
SECTION 11. DUTIES, IMMUNITIES AND LIABILITIES OF DISSEMINATION AGENT. The
Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate,
and the Issuer agrees to indemnify and save the Dissemination Agent, its officers, directors, employees
and agents, harmless against loss, expense and liabilities which it may incur arising out of or in the
exercise or performance of its powers and duties hereunder, including the costs and expenses (including
attorneys fees) of defending against any claim of liability, but excluding liabilities due to the
Dissemination Agent's negligence or willful misconduct. The obligations of the Issuer under this Section
shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.
[Remainder of page intentionally left blank]
(4399/06/00048591.DOCvl}
E-5
Agenda Item NO.1 01
November 14, 2006
Page 47 of 50
SECTION 12. BENEFICIARIES. This Disclosure Certificate shall inure solely to the benefit of the
Issuer, the Dissemination Agent, the Participating Underwriters and holders and Beneficial Owners from
time to time of the Bonds, and shall create no rights in any other person or entity.
Dated:
,2006
COLLIER COUNTY WATER-SEWER DISTRICT
By:
Chairman of the Board of
County Commissioners
14399/06/00048591. DOCvl}
E-6
Agenda Item No" 101
November 14, 2006
Page 48 of 50
EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer:
Collier County Water-Sewer District
Name of Bond Issue: $
Water and Sewer Revenue Bonds, Series 2006
Date of Issuance:
,2006
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the
above-named Bonds as required by Sections 3 and 4(b) of the Continuing Disclosure Certificate dated as
of , 2006. The Issuer anticipates that the Annual Report will be filed by
Dated:
COLLIER COUNTY WATER-SEWER DISTRICT
By:
Name:
Title:
{4399/06/00048591.DOCvl}
E-7
Agenda Item No. 101
t~overnber 14, 2006
Page 49 of 50
EXHIBIT B
Any filing under this Certificate to any of the Repositories may be made solely by transmitting such filing
to the Texas Municipal Advisory Council (the "MAC) as the "Central Post Office" as such term is defined
in the Certificate and as provided at http://www.disclosureusa.org-unless the United States Securities and
Exchange Commission has withdrawn the interpretive advice in its letter to the MAC dated September 7,
2004.
Nationally Recognized Municipal Securities Information Repositories approved by the Securities and
Exchange Commission:
Bloomberg Municipal Repository
100 Business Park Drive
Skillman, NJ 08558
Phone: (609) 279-3225
Fax: (609) 279-5962
h Up:/ /www.bloomberg.com/markets/ra tes/muni
con tacts.h tml
Email: Munis(lI.Bloomberg.com
FT Interactive Data
Attn: NRMSIR
100 William Street, 15th Floor
New York, NY 10038
Phone: (212) 771-6999
Fax: (212) 771-7390
hUr:/ /www.ftid.com
Email: NRMSIR(d!interactivedata.com
DPC Data Inc.
One Executive Drive
Fort Lee, NJ 07024
Phone: (201) 346-0701
Fax: (201) 947-0107
http://www.dredata.com
Email: nrmsir@>dpcdata.com
Standard & Poor's Securities Evaluations, Inc.
55 Water Street, 45th Floor
New York, NY 10041
Phone: (212) 438-4595
Fax: (212) 438-3975
www.iikenny.eom/iikenny/pser deserip data re
p.html
Email: nrmsirrepositorY1u)sandp.com
A list of names and addresses of all designated Nationally Recognized Municipal Securities Information
Repositories as of any point in time is available by visiting the SEC's website at
www.sec.gov/info/municipal/nmlsir.htm.
(4399/06/00048591.00Cvll
E-8
Item Number:
Item Summary:
Meeting Date:
^\genda Item No 101
November 14.
Page 50 50
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
101
tern iO he heme at 11
am RecorT!rnendat!or to adept surolemenw: bond
"esoiut!o',S l au!tioflzlng lfle Issuance by the Collier County \,'\'ater-Sewef Dlslne! af Its
It,:ater and Sewer Reve'lue BOIlOs SeN::s 200'3 in lrlE aggregate pnncioal amount of no;
exceeding 5120000000 I~ order to fln,mce variOUS capital 'mprovernents to the water and
'"vastew3ier utility system and to 1'efl11811ce the Dlstnct's Revenue t'Jole Dr'aw No. A~1.1 and
Revenue hlote, Draw ~-lo .l\-1-2 currently outstanding In the aggregate principal amount of
S3S 000,000 and (2) amending the Bond Resolution to speCIfically Include the Allowance for
Funds Prudently Invested fees (AFPI ::ees) 8S a comoonent of the gross revenues of the
system whIch allows such AFp: Fees to be a part of the pledged funes s:Jpportmg the
:J3yment of debt servIce ,Micnael Smyko'Nso<:, Dlrec:tw Off"ce cf rv1anagemenl and BUdqet)
'1,11.11:::006 90G OC} -'\M
Date
Prepared By
Michael Smykowski
County Manager's Office
Management & Budget DIrector
Office of Management & Budget
1113/20061:32:46 PM
Administrative AssIstant
Date
Approved By
Or,,~IB Coordinator
County Manager's Office
Office of Management & Budge!
11/612006 3 01 PM
Michael Smykowski
Date
Approved By
County f.'1an<.lger's Office
Management & BUdge! Director
Office of Mana;:wment & Budget
11/6/2006 3::2 PM
Approved By
JJmes V. Mudd
Board of County
CGmrniS5ioncrs
Coumy ManagN
Date
County r\'~an~ger'5 Office
11/C/2006 3:37 Pf\;'
Agenda Item No. 10J
November 14, 2006
Page 1 of 97
EXECUTIVE SUMMARY
Recommendation to approve Exhibit E, Amendment #1 to Contract #06-3914,
"Construction Management at Risk Services for the Collier County Fleet Facilities"
with Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet
Facility, project 52009, Phase 2 which includes the construction of the new Fleet
Management Department facility and to approve Change #15 to Contract #02-3422,
"Professional Architectural Services for New County Fleet Facility", with Disney &
Associates, P.A. to update the architect's rate schedule and include additional
services necessary for construction phase 2 in the amount of $60,885.
OBJECTIVE: To approve Exhibit E, Amendment #1 to Contract #06-3914,
"Construction Management at Risk Services for the Collier County Fleet Facilities" with
Wright Construction Corp. in the amount of $9,272,741.10 for the Fleet Facility, project
52009, Phase 2 which includes the construction of the new Fleet Management
Department facility and to approve Change #15 to Contract #02-3422, "Professional
Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to
update the architect's rate schedule and include additional services necessary for
construction phase 2 in the amount of $60,885.
-
CONSIDERATION: A contract with Disney & Associates (Disney) to design a new
Board of County Commissioners Fleet Facility and a new Sheriff's Fleet Facility on the
same site at County Barn, project 52009, was approved by the Board on February 25,
2003, agenda item 16.E.2.
A number of design contract changes have been processed, some related to potentially
adding the CAT function to the project. The original design contract was negotiated to
not include all of the efforts that are ultimately needed during the construction phases.
The proposed Change #15 both updates the rate schedule (the contract allows for this if
the duration surpasses two years) and adds additional services necessary for
construction of the BCC Fleet Facility. The final negotiated amount is $60,885
(Attachment A).
The Fleet Facilities project was originally planned for three major construction phases.
The first phase includes replacing the communication tower with guide wires to a
monopole tower and this phase (projected completion by the end of October 2006). The
second phase includes constructing the County Fleet Facility and associated parking.
The third phase includes demolishing the existing Fleet Facility and constructing a
Sheriff's Fleet Facility on the western end of the property closest to County Barn Road.
The total approved project budget is $14,270,000 and the current design contract
amount is $822,224.73.
The Construction Management at Risk contract was approved by the Board on March
28,2006, agenda item 16E1 (Attachment B). The extent of the agreement covers "three
(3) phases and will include three (3) GMP Amendments; Board of County
Commissioners (BCC) Fleet Facility, Collier Area Transportation (CA T)!Transportation
Disadvantaged (TD) Operations Facility, and the Sheriff's Fleet Facility". The possible
Agenda Item NO.1 OJ
November 14, 2006
Page 2 of 97
construction of the CAT/TO Facility co-located at the Fleet site is no longer a viable
option as the land owners are not willing to sell. Therefore that portion of the contract
will be removed.
After obtaining final site development and building permits, work was begun to obtain a
Guaranteed Maximum Price (GMP) for the construction of the BCC Fleet Facility and
associated parking. After review of an initial proposal, Wright Construction submitted a
revised GMP proposal in the amount of $9,272,741.10. The contract includes a
number of exhibits and states that the "GMP shall be set forth in Amendment No.1,
attached hereto as Exhibit E", The completed Exhibit E for this GMP amendment is
included in this executive summary package (Attachment C).
Construction of the BCC Fleet Facility and associated parking is now planned to begin in
December 2006 and be completed in about one year. The demolition of the existing
BCC Fleet Facility and construction of the Sheriffs Fleet Facility will start a year from
now therefore those phases will be priced separately.
The estimated project costs are as follows:
Tower
BCC Fleet
Sheriffs
Fleet
$1,150,000
$8,712,869
$240.000
$10,102,869
Total
Design / Permitting
Construction
Commissioning
TOTAL
$0
$1,229,722
iQ
$1,229,722
$1,350,000
$9,926,409
$300,000
$11,576,409
$2,500,000
$19,869,000
$540,000
$22,909,000
FISCAL IMPACT: The current budget for this project is as follows:
Source of Funds
Residual cash from capital replacement fund
Series 2005 revenue bond proceeds
Commercial Paper loan (budgeted in FY 07)
Total
Amount
$600,000
$9,570,000
$4.100,000
$14,270,000
The updated total cost estimate for this project (tower, County Fleet facility construction
and related parking, demolition of the existing BCC fleet facility, and Sheriff fleet facility)
is $22,909,000, amounting to a FY 2008 commercial paper loan need of $8,639,000.
This is noted in the table below.
Facility Rev. Budget Committed Est. to FY08 Com
Compl. Paper
BCC Fleet Facility & Tower $12,806,131 $2,191,932 $10,614,199 $0
Sheriff Fleet Facility $1,463,869 $433,424 $9,669,445 $8,639,000
TOTAL $14,270,000 $2,625,356 $20,283,644 $8,639,000
-
Staff recommends funding the construction of the County Fleet Facility and associated
parking within existing budgeted funds. To accomplish this, the 2005 bond money
allocated for BCC and Sheriff Fleet facilities will be used solely for the BCC fleet facility.
As no eligible Sheriffs facility will be constructed from proceeds of the 2005 bond, the
Law Enforcement impact fee fund cannot be used for these debt service payments. The
General Governmental Building Impact Fee Fund and the annual General Fund 1/3 mill
Agenda Item NO.1 OJ
November 14, 2006
Page 3 of 97
capital allocation will be the sources of revenue to pay all the debt service payments
associated with the 2005 bond.
The existing budgeted funds as noted above in the source of funds are contingent upon
the issuance of a Commercial Paper loan. Net Commercial Paper loan proceeds of
$2,636,131 are required for the construction of the BCC Fleet facility and related
parking; with fees and pre-paid interest a gross loan not to exceed $2,775,000 is
recommended.
Due to the sequence of construction, the Sheriffs Fleet facility will be deferred and the
$8,639,000 funding will be addressed in the fiscal year 2008 budget. Any Commercial
Paper loan associated with the Sheriffs Fleet facility will be repaid with Law
Enforcement Impact fees.
Budget amendments will be needed in the, Facilities CIP Fund (301), General
Governmental Facilities Impact Fee Fund (390), the Law Enforcement Impact Fee Fund
(385) and the CIP Refund Series 2005 Debt Service Fund (216) to accomplish the
following:
1) Revise the budget so the Law Enforcement Impact fee does not make a debt
service payment for the 2005 bond in FY 07 ($294,100) and is reimbursed for the
FY06 debt service payment ($269,200). This amounts to $563,300. There is
$149,400 available in the General Governmental Facilities Impact Fee, and there
is $413,900 available in Facilities CIP Fund (301).
-
2) Reduce by $180,000 the Law Enforcement Impact Fee transfer in (loan) from
Facilities CIP Fund (301) to provide a cash reserve to pay the October 1, 2007
debt service payment on the Series 2005 bond, and move this reserve to the
General Governmental Facilities Impact Fee fund (390).
3) Transfer from the Facilities CIP Fund (301) to the General Governmental
Facilities Impact Fee fund (390) $149,400, as a loan to assist the General
Governmental Facilities fund in making it's share of the 2006 and 2007 debt
service payment for the 2005 Bond.
GROWTH MANAGEMENT IMPACT: This project is consistent with the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners 1) approve Exhibit E,
Amendment #1 to contract #06-3914, "Construction Management at Risk Services for
the Collier County Fleet Facilities" with Wright Construction Corp. in the amount of
$9,272,741.10 for the Fleet Facility, project 52009, Phase 2 which includes the
construction of the new Fleet Management Department facility; 2) approve Change #15
to contract #02-3422, "Professional Architectural Services for New County Fleet Facility",
with Disney & Associates, P.A. to update the rate schedule and include additional
services necessary for construction phase 2 in the amount of $60,885; 3) authorize the
issuance of a Commercial Paper loan in the amount of $2,775,000 and 4) approve all
necessary budget amendments.
-
Agenda Item No. 10J
November 14, 2006
Page 4 of 97
PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management
Department
,-
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 OJ
November 14, 2006
Page 5 of 97
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10J
Recommendation to approve Exhibit E. Amendment #1 to Contract #06-3914. Construction
Management at Risk Services tOl' the Collier County Fleet FacIlities with Wright Construction
Corp in the amount of $9,272.741.10 for the Fleet Facility, project 52009. Phase 2 which
includes the constructiDn of the new Fleet Management Department faciltty and to approve
Change #15 to Contract #02-3422 ProfeSSional ,,,chitectural Servloes tor New County Fleet
Facility. With Disney & Associates. PA to update tile architects rate schedule and include
additional services necessary for construction phase 2 in the amount of $60,885 (Len Price,
Administrator, AdminIstrative Services)
1111412006 9:0000 AM
Facilities Management Director
Date
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management
10127120065:24 PM
A pp roved By
Contracts Agent
Date
Linda Best
Administrative Services
Purchasing
10130120061:12 PM
Approved By
Purchasing/General SVc& Director
Date
Steve Carnell
Administrative Services
Purchasing
10131/20068:01 AM
Approved By
Administrative Services Administrator
Date
Len Golden Price
Administrative Services
Administrative Services Admin
10131/20085:00 PM
Administrative ASSistant
Date
Approved By
OM B Coordinator
County Manager's Office
OffiGE! of M;magement & Budget
1111120068:31 AM
Management & BLldget Director
Date
Approved By
Mlchaet Smykowski
County Manager's OffIce
Office of Management & Budget
1116/20065:16 PM
Senior Management/Budget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
111712006 1 :48 PM
Approved By
Date
James V. Mudd
Boa fd of Co unty
Commissioners
County Manager
County Manager's Office
11/7/2006 2:29 PM
I
I
------j A[JAnrJ;:'! flAm Nfl 1 n, 1
November 14, 2006
E-Mailed To Bonnie: Tuesday, October 03, ~~ 6 of 97
\:;,.,
I
I
-> i
Date: Tuesday, October 03, 2006
LOG ON THE FINANCE LOG ONLY, THIS CHANGE ORDER REQUIRES BCC
APPROVAL
i
Project Name: Professional Architectural Services for the New County Fleet Faci Iity
Project Number: 52009
REVISED 10/5/06
BIDIRFP #:
02-3422
Mod#:
15
PO#:
4500048657
Work Order Number: NA
Contractor/Consultant: Disney & Associates, P.A.
Original Contract Amount: $ 500.000.00
(Starting Point)
Current BCC Approved Amount:
$ 748.725.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
S 822.224.73
(Including All Changes Prior To This Modification)
Change Amount:
$
60.885.00
Revised ContractIWork Order Amount: S 883.109,73
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: ~ 382.918.73
Percentage Of The Change OverfUnder Revised Contract Amount:
17.95
%
Overview of change: The design contract was originally awarded in February 2003; this change order is to provide for the rate
increases to the Principle and Clerical staffing positions and to add staffing positions of Senior CAD Operator and Architect; and
to add required responsibilities to the scope of the work that were not included in the original scope. The actual construction is
being conducted in phases until 2007; as a result, also included in this change order is a time extension of three hundred, eighty
six (386) days. The new c pletion date is November 8, 2007.
I _-~ ',-'l Date: k/~(,
. Jackson Best.
Contract Speciati :
.. L'
Scanned Date:
Data Entry Information:
Type of Change: Contract
Project Manager: Ron Hovell
Department: Facilities Management
Change Category Type, Circle One Below:
G. Pla~ned or Electiv~.
...-.--==:::::
C 2. Unforeseen Conditions-~..
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
~-
C~~dUle AdjUst~
Revised 7/11/05
Attachment A Page 1 of 24
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No.1 OJ
November 14, 2006
Page 7 of 97
--QROJECT NAME: Fleet Facility
PROJECT #: 52009
15
POi: 4500048657 WORK ORDER #: nfa
BIDfRFP #: 02-3422 MOD #:
DEPARTMENT: Facilities ManaQement
Original Contract Amount:
Current BeC Approved Amount:
Current Contract Amou nt:
$500.000.00 (Starting Point)
$748.725.00 (Last Total AmoJnt Approved by the BCC)
$822.224.73 (Including All Ch~ngeS PrlorTo This Modification)
Change Amount:
Revised ContractIWork Order Amount:
$60.885.00
$883.109.73 (Including This Change Oreler)
Cumulative Dollar Value of Changes to this ContractIWork Order: I $383.109.73
Percentage ofthe change over/under current contract amount: I 17.95%
Fonnula: (Currel\lt 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. I
Date of Last BCC Approval July 26, 2005 Agenda Item # 16.E.15
;URRENT COMPLETION DATE (S):ORIGINAL: 5/5/05
CURRENT: 11/8/07
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. This desian contract was oriQinallY awarded
on 2/25/03 and the rates need to be updated as allowed bY the contract. Additionally. the oriQinal contract scope
does not include all of the required items typicallY exoected of an architect.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these chJnges provide to the project? This
chanQe will update the rates and add items such as record drawinQs (required bY the County LDC).
PARTIES CONTACTED REGARDING THE CHANGE: PurchasinQ: Linda Best. Facilities: Peter Hayden.
CH2M Hill: Mike Mackenzie
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NfA)
..::L. Proposed change is consistent with the scope of the existing agreement 1
~ Proposed change is in fact an addition or deletion to the existing scope
~ 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 I
PROJECT MANAGE~O is form is to be signed and dated.
APPROVE BY: ~) Date: /'0/1 lor;,
Proje I, ~,
REVIEWED BY: Date: IIlI '$/ ob
~~ i
Revised 4/25/2005
Attachment A Page 2 of 24
~
~:"~'.;.,~: ~'_'.w<- .:~
Oct. 5. 2006 3:06PM Disney & Associates, PA
CHANGE ORDER
No. 2~tmdcpl!el'j1 NO.1 OJ
I f\Jbverhoef" 14,2006
Page 8 of 97
CHANGE ORDER NO. 15
CONTRACT NO. 02-3422
BCC Date: February 25. 2003
Agenda Item: 16.E.2
TO: Disney & Associates. PA
1865 Veterans Park Dr.. Suite 301
Naples. FL 34104-3500
Attn: Oalas Disney. President
DATE: October 2. 2006
PROJECT NAME: County Fleet Facility
PROJECT NO.: 52009
Under our AGREEMENT dated Februarv 26.
.2003.
You hereby are authorized and directed to make the following change(s) in accordance with
terms and conditions of the Agreement See attached Exhibit "A"
I
FOR THE Additive Sum of: sixty thousand eioht hundred eiQhtv fIVe dollars and no cents
($e0,BS5.00).
Original Agreement Amount
Sum of Previous Changes
$
$
$
$
322.224.73
500.000.00
This Change Order - Add
60.885.00
883.109.73
.1
Present Agreement Amount
The time for completion shall be increased by 386 calendar days due to this Change Order.
Accordingly, the Contract Time is now one thousand seven hundred fourteen (1.714) calendar
days (Notice to Proceed was issued 2128/03 making the new completion date 1118107). 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 impad: and delay costs.
Accepted: t1('7tJf)/Yi- 3 , 2006
CONSULTANT:
Disney Dei tes, PA
OWNER:
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Ronald P. Hovell. P.E., Project Manager
Revised 2/2412005
_ ~', i......,.=".. ~,;,L:_.~..,. . o;..;,,;-'k,......:.~,~;:;;.li;;tl!!:
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1_~~t~a:=:f:.p~:::.3~~ 24 '_'~.i~ ~.~ '11_
r-.----
Agenda Item NO.1 OJ
November 14, 2006
Page 9 of 97
.
;",;
.,:.
Disney & Associates P A.
Architecture and planning
1865 Veterans Park Dr., Suite 301
Naples. Plorida 34109-0447
Phone 239-596.2872 Fax 239-596-2874
Ema.il d.disncy@earthlink.llct
AA 0001502
September ~ 28, 2006
Collier County Facilities Management
3301 East Tamiami Trail, Bldg. W
Naples, FL 34112 \
Attn: Mr. Ronald Hovell, ConstruCtion Manager
Re: Professional Service Proposal for RFP #02-3422, New County Fleet Facility
Proposed Change Order 15
Dear Mr. Hoven:
We have f~Ali7-ed our revised professional fees for the project and hereby request an adjustment to our
agreement as an increase to our Professional fee for scope revisions. We have included a revised
Professional Fee for the scope revisions.
!be basis of our request is revisions required by the increase in time for the project, the revision of the
construction delivery method to Construction Management, and the increase in our costs from the
original quotations of November 2002 and amendment #1 dated February 6, 2004. The Fleet project bas
been delayed several times for various reasons that are due to causes beyond the control of the Architect.
We have listed herein the general and detailed revisions and scope increases that have caused our
increased work and the associated fee increases are also included.
The project constructi6n method has been revised to be delivery method via Construction Management
and Wright Construction, Inc. of Ft. Myers has recently been awarded this project by the Board of
County Commissioners (BeC). The project was delayed for study related to the inclusion of the CAT
facility on the site with various site planning and proposals now abandoned and we understand CAT is
locating on an alternate site. .
The project construction Phasing has been reviewed and the genCra1 concept is to have two (2) phases of
construction with each containing a nwnber of sub-items. The sub-items are generally understood at this
time and will be outlined in the following detailed Assumptions and Scope of Services for the
construction administration of Phase I of the project. Phase n shall be bid at a later date and the bidding
and construction services shall be submitted for this portion of the project at a later date. Building permit
for the BCC Fleet Management building was recently picked up by Wright Construction and bidding is
scheduled to compete shortly for the Phase I portion of the project.
New Collier County Fleet Facility - RFP #02-3422
Disney & Associates. PA - ChBnge Order #15 September 20, 2006
Page 1 of7
Attachment A Page 4 of 24
",;'...P.
Agenda Item NO.1 OJ
November 14, 2006
Page 10 of 97
.....:. ..
Outlined in this document is a summary of the changes to the project's development concept, anticipated
scope of services and the associated professional service fees and schedule.
PROJECf PROFILE
· Collier County (OWNER) desires to modify existing contract #02-3422 for the services of Disney
& Associates, PA (CONSULTANT) and proceed 'With the Project as described within this proposal.
· The existing Fleet Facility Project consists of a:l:l 0 acre parcel, which is generally located at the east
side of County Barn Road approximately 0.5 miles to the south of Davis Boulevard (S.R No. 84) in
Section 34, Township 49 South, RBnge 26 East, Collier C01Ulty, Florida.
· The Owner bas received a Site Development Plan (SOP) approval from the Collier County
Community Development and Environmental Services (CDES), an Environmental Resource Permit
(ERP) from the South Florida WatJ:r Management District (SFWMD), and a Permit to Construct a
Domestic Wastewater CollectiontTransmission System from the Florida Department of
Environmental Protection (FDEP) for this site. These permits were obtained for the site, which
included the Bee Fleet Maintenance Facility, the Sheriff's Administration and Maintenance
Facility, a wash rack, a communication tower, and associated parking, driveways, underground
infrastructure, as well as storm water management areas.
· . The Client wishes to begin construction of the Bce Fleet Maintenance Facility and supporting
infrastructure as the first phase oftbe project.
· The Client wishes to receive a Temporary Certificate of Occupancy once the BCC Fleet
Maintenance Facility construction is complete.
· The Client desires to retain the services of Consultant IDd proceed with the Project as described
within this proposal.
PROJECT ASSUMPTIONS
Note: All Project Assumptions from the original approved contract dated February 25, 2003 are
considered to be valid and true unless specifically staled otherwise be/ow.
· The Client will make available all pertinent information and documents associated with the required
Project
· This proposal includes performing all services described within on a ono-time basis, unless
otherwise noted.
· The Consultant will retain the services of a Geotechnical Engineer to participate in the construction
arim;ni~t:ration phase and monitor the trenchiDg and backfill in areas know to contain organic
material identified by prior soil borings and investigation. The geotechnical Engineer's scope and
fees are included with this proposal.
· Architectural design for the BCe Flee~ Sheriff's Fleetfaciiity and Wash Rack shall not be revised'
and/or updated to current LDC 5.05.08 Architectural requirements.
· Building Permit modification for the BCC and Sheriff's Fleet facility aodWash Rack shall not be
required. .
· Collier County Facilities vertical standards issued 4-18-06 Revision 'E' are the latest on file with the
Architect and redesign for the Bee and Sheriffs Fleet facilities is not included in this proposaL
. New Collier County Fleet Facility - RFP #02.3422
Disney " Associates, P A - Change Ordor #15 September 20, 2006
Page 2 of7
. I
Attachment A Page 5 of 24
.1
Agenda Item NO.1 OJ
November 14, 2006
Page 11 of 97
.: ...
. All design and construction related to the Radio Tower(s) shall be by other design professionals
excepting the SDP amendment currently completed.
. All design and construction related to the existing Fuel Island Facility shall be by other design
professionals and is specifically excluded.
SCOPE OF SERVICES
1. PreliminarY Matters
These services . vvill include providing professional Architectural and Engineering advice as
requested by OWNER or as necessary for the project development. Services included are:
A. Acquire, assemble, and coordinate all Architectural and consultant costs and scope of
work for the project. I
B. Research project revised scope of work and iSsue to Consultants for coordi'l)JIIted
effort and. elimination of unnecessary services.
C. Verify inclusion of necessary services as outlined in the Professional Services
Agreement and the modified scope of services.
D. Prepare and submit proposals, change order and Exhibits to Collier County.
E. Preparation of all modifications to the existing Architectural consultant agreements.
F. Modify all project files. billing templates and systems.
. 2. Subsurface Soil Observation During ConStruction
We propose to authorize our Geotechnical Engineer to be on site for observations of excavated
material prior to backfill. The areas of question are near or under the proposed buildings at the area
of borings SPT-ll SPT-12 and SPT-4. Our engineer Ardaman & Associates, Inc. has forwarded a
letter dated August 28,2006 and has suggested a budget for the scope of work identified. Disney &
Associates shall incur time to coordinate this effort, organize and distribute report of findings and
verify completion of the assigned tasks (estimated 4 hours). Please see Exhibit A attached.
3. Construction Phase Services Phase I - Architectural (Adiustment)
Construction services for the project as originally outlined in the scope of services is adjusted due to
the time increase from the original quotation and the construction method revision from General
Contractor to Construction Manager. Services outlined herein are similar to the original scope of
services. The scope of work was originally identified as Schedule A Exhibit #3 (Original) and is
include herein as an attachment Exhibit B for reference. Revisions as discussed with Mrs. Linda Best
(Collier County Purchasing) are identified on the Schedule A Exhibit #3 (Revised) and is include
herein as an attachment Exhibit C for reference. Additionally the updated hourly rates utilized for the
calculation of Exhibit C are ijJdicated in an email from :Mrs. Best dated September 13, 2006 and
attBcbed as Exhibit D page 1. Hourly rates are updated and established by Exhibit D pages 2 thru 7
where hourly services may be applicable. Cost adjustments for the Civil Engineering are reflected on
Emibit C items #6, 7 and 9 and are verifiable with a cross reference to a letter attached as Exhibit E
from RW A dated September 14, 2006. Amendment No. 1 to our agreement Schedule"B -
Attachment A - line #8 added $16,000.00 to our Construction phase costs and the document is
New Collier County FlectFacility - RFP #02-3422
Dis:Dey& Associates, PA-Changc Ordcr#lS September 20, 2006
Page 3 of7
AttachmentA P::JOP. R of ?4
..,;J~,;-,~+_..~';.
Agenda Item No. 10J
November 14, 2006
Page 12 of 97
.: ..
attached as Exhibit G. The additional cost was related to the increased scope of work is for the added
costs of Structural, Plumbing, Mechanical and .Electrical Engineering services for the redesigned
buildings. Please note that there are no current increased costs for construction services for these
Engineering trades listed on our Exhibit C.
4. Land Development Code Record Drawin2S
This task was originally identified in the scope of work for the project. Please refer to Schedule A
Scope of Services page 27 item C. The construction administration costs of $74,080.00 did not
include the cost for this item and we refer to the Exhibit B outline of services and total cost
matching the Agreement Schedule B - Attachment "At> page 31, attached herein as Exhibit F. The
services cost is verified as outlined in the RWA letter dated September 14, 2006 attached as
Exhibit E. The actual cost from our consultant is indicated as $4,600.00 and is required by the
Collier COWlty Land Development Code (LDC) for the completion of the project.
S. Additional Services (Estimate)
This task is added as a result of our telephone conversations with Mrs. Linda Best, Collier C01mty
Purchasing, Mr. Mike MacKenzie, CH2M Hill and with Mr. Ron HoveU, Collier County Facilities.
Our Construction Services as listed on Exhibits Band C do not currently include ANY activities
other that those listed. The originally established scope of work was reduced to reduce the
Professional Fees. Our services are specifically outlined in our Agreement Schedule A Scope of
Services page 26 and 27 item 8, A and B and the referenced Exhibits Band C and currently there
is no compensation included for Correction of any Construction Discrepancies. This would be
compensated under Article Two of the agreement as Additional Services.
The COnstruction process is an imperfect process as is the development of construct documents for
bidding and .construction. -During the normal course of construction there will be conflicts and
errors that will require correction. Examples are misplaced reinforcing, incorrect beam pours (too
low or too high or out or alignment, out of sequence work and creation of conflicts in placement of
materials, ducts or piping too high or low creating conflicts, found underground conditions,
manufacturer product changes or discontinuation, substitution requests and related research and
many other items. Corrections for these items may be minor or may create many hours of research
and Engineering to develop a repair or reconstruction method. While the Construction Management
process should eliminate some of these occurrences and assist with the coordination it should be
expected that items as outlined will occur. The Architect or Engineer of record is the party
responsible for the review and correction of the type of items outlined. As stated previously the
current agreement does not include these services.
. '. I
We have discussed the use of our agreement Article Two Additional Services of Consultant as the
. method of compensation for this type of service during the construction phase. The occurrences of
any item will be during the course of construction and time of response is generally required to be
reasonably prompt The process as outlined in Article Two of our agreement does not describe the
exact process but states "If authorized in writing by OWNER...". To date revisions to our fee have
required a lengthy Process involving a proposal, verification and adjustments, resubmission and
issuance of a change order. This process time duration does not appear to be acceptable during the
construction period as too much time will be required for authorization of our added work. Our
Agreement is mostly fixed cost items and prior discussions with MIs. Linda Best indicate that the
fixed. cost approach should be maintained. We have discussed the nature of the process with you via
New Collier County Fleet Facility - RFP #02-3422
Disney & Associates, PA - Change Order #15 Septanber 20, 2006
Page 4 of?
Attachment-A-.p-age 7 of 24-.
~:}~;l,,,.: '::~~:'
Agenda Item No. 10J
November 14, 2006
Page 13 of 97
the telephone and are not advised of a standard process that will allow the approvals to proceed very
promptly.
. .
At issue in establiShing any' fixed cost for the unknown level of services is the fairness for both
parties. Collier County will correctly seek justification and fixed costing and the Consultant will not
desire a guess as the leveL of service is wholly a response out of the control of the Consultant Thus
any estimation is just a guess that carries considerable risk of being too low on the overall costs. We
speculate that no person can accurately estimate the level of corrections that will be required by a
contractor I sub-contractor action or lack of action over the course of the next twelve (12) months.
AB a pOssible method to proceed with minimal risk to. the Consultant and our Engineers and yet
provide a method of accountability for Collier County we suggest establishing a Task line item that
sets a fixed level of cost for an established level of service. We sball utilize this pre-est:ablished
Task item as construction discrepancies as corrections arise and only invoice to the extent services
are rendered. Our basis shall be the attached Exhibit D pages 1 thru 7 as the rate of expense for
items related to Additional Services. The individual issue may in this event be dealt with promptly
and the time recorded as verification for the correction~ The maximum cost to Collier County is
established and will not be exceeded without authorization.
We suggeSt the following to establish an estimated basis for the Task.
ArChitectural $6,720.00 (40 hours)
Structural $5,600.00 (40 hours)
Plumbing $3,200.00 (20 hours)
Mechanical $3,200.00 (20 hours)
Electrical $3,200.00 (20 hours)
Fire Protection. $2,600.00 (20 hours)
Landscape $1,000.00 (8 hours)
Civil. $3,300.00 (20 hours)
Invoices for items related to this task shall be supported by the hoUrs expended and the hourly rates
charged for the individual performing I providing the service. .Invoicing shall be only to the extent
services are rendered. Cost and homly estimates as outlined above are not intended for any
individual discipline and may be applied as necessary to any required trade. In the event total cost
of this task is near depletion as a result of Additional Services an added authorization shall be
requested for additional funds and continuation of services.
6. Reimbursable Expenses - Architectural (Estimate)
Reimbursable Expense itemS previously listed in our base agreement are generally unchanged and
the cost is adjusted only to reflect the additional project time extension due to the schedule
revision for the project The cost is estimAted and items shall be invoiced only to the extent
expenses are incurred and with verification supporting documents.
I
New Collier County Fleet Facility - RFP #02-3422
Disney &. Associates, P A - Change Order it 15 September 20, 2006
Page S of7
_ ___JUtachmentA ~-Ot24
Agenda rtem NO.1 OJ
November 14, 2006
Page 14 of 97
ANTICIPATED SCHEDULE
The schedule for the Phase I Construction Administration is established as October 10, 2006 to October
09, 2007 as a twelve (12) month duration. In the event the project schedule is extended the Consultants
compensation shall be adjusted for the period of extension.
PROFESSIONAL SERVICE FEES
The professional service fees for the associated scope of services are listed below.
Scope of Services
1. Preliminary Matters
2. Subsurface Soils Observation during Construction
3. Construction Phase Services Phase I - Architectural (Adjustment)
4. Land Development Code Record Drawings
5. Additional Services
6. Reimbursable Expenses
Fee Fee Tvpe
$2,450.00 Fixed
$1,672.00 Fixed
$17,443.00 Fixed
$4,600.00 Fixed
$28,820.00 Estimated
$5,900.00 Estimated.
Subtotal
I
$60,885.00
EXCLUDED SERVICES
Services for the analysis and related recommendations and denials for Value Engineering and
production substitutions and ALL related scope of work is excluded (except as Additional Services).
Cost Estimating Services are excluded.
Phase II response to drawing review comments, drawing corrections, drawing plotting, bidding support,
and construction Administration related to Phase II construction.
I
Design revision to the BCC Fleet, Sheriff's Fleet Building and Wash Rack Building including but not
limited to Collier County LDC Architectural review are specifically excluded.
The professional services to be provided by the CONSULTANT are limited to those described in the
Scope of Services. All other services are specifically excluded.
New Collier County Fleet Facility - RFP #02-3422
Disney & Associates, PA - Change Order #15 September 20,2006
Page6of7
-:"'~~~4"'::"'-~:: :....
. _ _ J Attachment A Page 9 of 24
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I
Agenda Item NO.1 OJ
November 14,2006
Page 15 of 97
We are prepared to continue the project promptly upon yo~written authorization of this Change Order.
Sincerely,
~
Dalas D. Disney, AlA
Cc: Project File
Attachments:
Exhibit" A" - one page
Exhibit "8" - one page
Exhibit "C" - one page
Exhibit "0" - seven pages
Exhibit "E" - twO pages
Exhibit ""F" - one page
Exhibit "G" - one page
New Collier County Fleet PIC11ity - RFP #02-3422
Disney &. Associates, PA -CbIngc OrderNlS september 20, 2006
Page 7. of?
-
Attachment A Page 10 of 24 ---- ~~
Agenda Item NO.1 OJ
NnvpmhAr 1.1 ?n()F;
Page 16 of 97
:
~.
~
Ardaman & Associates, Inc.
Geotechnical. ::nvironmsntal and
W.aterlala Consul"",nts
August 28, 200S
Ardaman File No. 03-4536
Disney & Associates, P .A.
1865 Veterans Park Drive
Suite 301
Naples, Florida 34109-0447
EXfrl ~ if
~A'
Attention: Mr. Dalas Disney
V1A:dalas@disneyarchitect.net
Subject
Collier County Maintenance Facilit)t
Naples, Collier County, Florida
Reference: Ardaman & Associates, Inc. report of subsurface soil exploration,
analysis and recommendations for the subject project dated
August 11 , 2003. .
Dear Mr. Disney:
In the referenced geotechnical report, we noted that two test borings, SPT-11 and 12, encountered a
distuibed soil profile to depths of 6 to 8 feet with traces of wood and metal debris. A historical aerial
photograph review showed that this area was a borrow pit that was excavated in 19n and filled in 1985.
Also, boring SPT -4 encountered a tree root at a depth of 5.5 feet (not that unusuar). From the test boring
data, 1fle soil profile appears to be suitable for shallow fcu'ldation design with slab-on-grade without special
requirements, as was recommended In the referenced geotechnical report. The amount of debris
encountered was minor. However, we cannot dismiss the possibility that greater amounts of debris could
exist atthis location or elsewhere for that matter where we did not explore.
Careful observation is needed during site clearing and grubbing operations and footing trenching to note
where debris may exist within the filL Minor amounts of inorganic debris in a soil matrix in our opinion should
not pose a problem. We would be concerned if large amounts of organic debris is encountered such as
large roots, branches or stumps, or if rubble is encountered that has an open texture where soil can migrate
through the voids. These would be cases for further investigation. To that end, we need to stay involved
through the foundation construction
i.
i
We recommend that we be on site to observe clearing and grubbing operations and to observe and test
footing excavations and floor slab subgrades. A budget of $1,000 should be adequate for us to provide
these services on behalf of Collier County or the Construction Manager.
Please call us if you have any questions about this infol1Tlation.
Very tn.J1~ you,:>,
Ardaman & ~Ii~clates, Inc.
,9~~t~~
Gary A. Drew; PiE. .
Branch ManagerNIce President
GADlegs
9970 8avarfa Aost!, Fort Myers. Ro~ 3391" ?hMe(239) 76B-55!iO ~AX (239) 76S-040S
Offices in: ge:1l;w. C~ca: Fort Mye:'S Miami. 01111000. Port Gharlo::e. Peel 51. ,"ucia. Sa",sota, TaJlehessee. Ta;'T1~a. W. Pelrn 8ea::..
I
Attachment A Pa~-11 of 24-
SCHEDULE A
EXHIBIT #3
ORIGINAL
January 23, 2003
Agenda Item No.1 OJ
November 14, 2006--
Page 17 of 97
I,
eXHtBI( \~'
FLEET CONSTRUCTION ADMINISTRATION
At one (1) site visits per Week
Estimate 12 month duration
1 Establish Schedule of Values I RCMew I Comment
2 Establish Schedule of Submittals I Review wi GC
3 Owner supplied Equipment coordination Review wI GC
4 Weekly Site Meetings ARCHITECT
52 weeks X 2.6 hna I visit = 52 x 2.5 = 130
5 Reports of Site meeting and distribution
104 reports 11 hr ea;: 104
6 Shop Drawing and Submittals Checking and distribution
Architect (26 wks @ 3 hrsl wi< = 78)
Structural (L.S. Quote $2.500)
PME I FP (L.S. Quote $9,000)
CMI (Est $5.000)'
Landscape 18 hrs Quote)
7 Site Meetings Engineers
Structural (6 @ $325 88)
PMEI FP (12 C $45088) .
Civil (L.S. Quote for CertltIcatlon)
Landscape
B P8yment ApplicatiOns Review I DIstribution
Architect (12 months X 1.0 hrs = 12)
9 Punch List X 2 Phases @ 1.5 days I Phase
Architect (24 hrs on site + 10 hrs Office)
Structural. (8 hna on site + 2 hna Office)
PME I FP (32 hrs on site + 6 hrs Office)
CMI (LS. Quote)
landscape (8 hrs on site + 3 hrs Office)
10 Post Construction
As-Built Check
CAD files to Facilities - Prep files/Bum CDlDeliver
Review 0 &M Manuals
Review Warranties for Compliance wI specs
HOURS
2
1.5
2
130
104
78
18
6
12
15
12 .
34
10
38
11
10
4
4
3
~iI"OTAL '., ,CO"'"
,'.. "':0,- :,;'): '.'::, '. ,.' " '"
RATE
$80
$80
$80
$75
$75
$80
$100
$325
$450
$100
$80
$80
$100
$100
$100
$80
$65
$BO
$80
COST
$160
$120
$160
$0
$9.750
$7.800
$6.240
$2.500
$9,000
$5,000
$1,800
$1,950
$5.400
$8,000
$1,500
i
\.
$960
$2.720
$1,000
$3,800
$3,500
$1,100
$800
$260
$320
$240
;.$74.080
.1 Attachment A Page 12 of 24
'.
SCHEDULE A
EXHIBIT #3
REVISED
September 20, 2006
FLEET CONSTRUCTION ADMINISTRATION
Agenda Item No. 10J
November 14, 2006
Page 18 of 97
I
~+tl ~ 1 T \ C I
Basis shall be 12 month duration October 10,2006 to October 09,2007
At one (1) sitevlsita per Week
PHASE I ONLY
1 Establish Schedule or Values I Review I Comment
2 Estabfish Schedule of Submittals / Review wI GC
3 Owner supplied Equipment coordination Reviewwl GC
4 Weekly Site Meetings ARCHITECT
52'weeksX'3.<fhrsfvisit =52'x3 == 156:'
Reports of Site meeting and distribution .
104 reports /1 hr ea = 104
Shop Drawing and Submittals Checking and distribution
Atehitect t26'wk~@\4hrSlWk=1d4f:?'~.".
Structural (LS, Quote $2,500)
PME I FP (L.S, Quote $9,000)
CMI lQuote:~$5}bOO ':+:750)
Landscape 18 hrs quote)
7 Site Meetings Engineers
Structural (6 @ $325 ea)
PME / FP (12 @$450 ea)
Civil (LS, Quo,tefor~rtificatiOl'l8000t 1200)" '>
Landscape
Payment Applications Review I Distribution
~rchitect. . (12 months X 1.0 hrs = 12)
geii6ctloiist~~1p-hases @ 1.5 days
Architect (24 hrs on site + 10 hrs Office)
Structural (8 hrs on site + 2 hrs Office)
PME I FP (32 hrs on site + 6 hrs Office)
Civil (L.S. Quote 3500 + SOD) Uti! Accept
Landscape (8 hrs on site + 3 hrs Office)
10 Post Construction
As-Built Check
CAD files to Facilities - Prep fileslBum CDJDeliver
Review 0 & M Manuals .
. Review Warranties for Compliance wI specs
HOURS
2
1.5
2
RATE
" $102
.,J~Z~
5
156'~ .':; '$102"
6
-,.~.~...,,:~~~~ 'C~ ~~-:::'~"
8
34
10
38
11
10
4
4
3
, ." ...~: ,."
January 23,2003 Schedule "B" - Attachment "N
It.djustmenUhis Change'.....
r,.,.":y.,
'$102 '
$100
$100
$100
:;:$j02
"$102 '.
$102'
$102
.~. ,,,.
COST
f15~
$204
$0
'$15;~ff2
: :':$3,468
$1,000
$3,800
~,t)()0
$1,100
Y$1',(J'io
$408
$408
$306
.... $91' 523
$74,080
$17.4431
I
Agenda Item NO.1 OJ
November 14,2006
Page 19 of 97
. . Page 1 of 1
::
Dalas Disney
eXl:+lF!tl--t l D '
P~. ,.
From: BestLinda (UndaBest@eolliergov.netl
Sent: Thursday, September 28, 2006 3:42 PM
To: BestUnda; DalasOisney
Cc: HovellRonald
Subject: RE: Collier Reet CO 15
Dalas,
Per our conversation today,please also add the following postion to Schedule B of contract 02.3422:
!
Architech
$102lhr.
Linda
From: BestUnda
sent: Wednesday, September 13, 2006 1:07 PM
To: 'Dalas Disney'
Cc: HovellRonald
SUbJec.t: Collier Fleet CO 15
Dalas,
Please included the following in CO 15
Hour1y Rate Increases for the following positions
Principal
Clerical
$168.00/hr.
$ 52.00/hr
Add the staffing position of: Senior CAD Operator at $88.00Ihr,
By way ofthis email, you can attach the email as supporting documentation to include in C015 submittal packet
to Ron.
Linda
9/28/2006
-
i Attachment A Page 14 of 24
Agenda Item NO.1 OJ
November 14, 2006
Page 20 of 97
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Disney & Associates, P.A.
1865 VeterBns Park Drive. Suite 301
Naples, FIorid& 3410906147
Phone 239.596-2872
FlIX 239-596-2874
~&l-r\ D'
PGI.'2-
~
"HOURLY RATE and EXPENSE SCHEDULE - July - December. 2006 .,
Fees and expenses are reviewed semf-annually and adjustments made where appropc iate. The rates on 1hIs
schedule are applicable for the time period indicated.
Professional Fees
Principal Dalas D. Disney, AlA................... .................. .................. ....... ........ .............. .........$1681hr
Architect .... .......... ..... ...... ........... ................................. ............... .........$1 O2lhr
Senior CAD Operator (CAD and Drafting) ...............................................................................................$88/hr
Clerical ............. ...... ....... ..... ....... ........ ..... ............ ............ ...... .......... .... $52Jhr
Expert Witness - Testimony/Waiting ..............:.................................3.0 X Hourly rate (4 hour minimum)
BJueprlntsJplot&lb&w copJe8lcolor coplesJreproduc:tlOns
outside service/digital prints. .... ......__.._.. ............ ....... ... ....................... ............................. cost+O%
bond plots-mono (24x36).... ...... ......... ...... ...........................~.......... ....... .......................... $9.00
bond plots-mono (11)(17)... ................................... ........................... ..... .......................... $2.50
bond plots-mono (8.5x11 )................................................................................................ $1.25
veUum plots-mono (24x36).............................................................................................. $11.00
mylar plots-mono (24x36).. ........................... ....................................... ............... ........... $18.00
color bond plots (24x36)................. ........................................ ................................ ..... $60.00
bond graphics pIot-rnono (24x36).... ............. ........... .................................................................. $54.00
bond copy-rnono (IetterJlegalfpage)........;..... ............... ........... ........... ...... ......... .............................. $0.18
bond copy.tT\ono (ledger/page)................. ..................... ............ ......... ........ ....... ..... ................. $0.35
color copies" (8%x11 )...........,........... ........... ......................... .......... ....... .................... $1.75
color copies (11 x17)... .................... ................... ...................................................... $2.50
cd-rom per disk... .......... ..... ..... ...... ......... ..... ...... ........ ............ ........ ............... $125.00
Communications
long distance
fax
phone. ....... ,.... ....... ......... ......... ..... ............................... ............... ,. cost+QOA.
per page....................... ...... ...;................ .....~................... ...................... $0.25
Shippinglcourlerfpostllge
overnight commercial carTier ."
2-day commercial carlier
outside courier service
postage .
............ ........ ............................. ..... ........... .................... ...... cost+O%
. .......... ................. ...... ..... ........... ............... ....... ..... ........ ...... c:ost+O%
..................... ....... ...... ...................... ....... ......... ......... .......... cost+O%
............................................... ........ ........ ......... ................... cost+O%
Travel
air fare
mileage (out of town)
parking
.................. .......... ............. ........................ ........... ......... ...... cost+O%
. ...... .... ........................... ..... ...... ...... ...... ................ ........... $O.461mile
" ........... .......... ..... ................. .............. ......... ..........., ............. cost+O%
miscellaneous
all
............................ ............... ............... ...... ........................... cost+()Ok
Interest on past due accounts (30 days from invoice date)" 1.5% per month
File: lhou,....2006b CoIller County.doc
Attachment~---'=?~15 of 24
Agenda Item No. 10J
November 14, 2006
PageL1 ot~/
.~.
S")(H-l~~t' ' D '
p~. '3
. Arcbltedarltl Lad Desip Fee Sched...
September 13.1006
fg
~.. ."..
~
Architectural
Land Desi8fl
Incorporated
. . All timewill be billedllt the following rete schedule:
Principal S 120111r
Project Manager S90Jhr
Project Designer . S6SJ hr
Administrative Support S4SIhr
L ^ ~ D SeA PEA R CHI TEe T U R E
1180 S. Ho.....boc Drive' S..h. S. Napl... l'L 541 a.. ,.1. Z.'9.450.1661 . fa". %59.4l0.llS64
E. M.l i J~ De.. i gn@m,'I.Ad tic. r~.' c.hiru:r. n.c t . Lic.e: n.c No. LAO 00 I ] -: R . C:orparatc L Icen.,Je No. LCJ6D 00 2 ~,
I Attachment A Page 16 of 24
I .
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Agenda Item NO.1 OJ
November 14, 2006
Page 22 of 97
...
ARtwIAH & AsSOClATES,INc.JFORT MY!RsINAPLES
ColJ.Jl!R COUNTY FLeET FACILITY. FE!! 8cHEDlJU! lJ6.474
~. TesTWG AND SuPPORT SERVICeS
ex.t+l r; IT'\. D I
p~. ~
EHGINalRINO
Data Evaluation. Engineering Analysis, Design Inspeclton,
Field Monitoring, etc.
Principal Engineer
Senior F>>roject Engineer
Prtlject Engineer
Project Geologist
Senior engineering Technlcllln/Speaalist
per hour 152.00
per hour 127.00
per hour 110.00
par hour 82.00
par hour 64.00
per hour 110.00
per hour &"00
per hour 58.00
per hour 50.00
per hour 44.00
par hour 35.00
CoIanRuc:noN MoNrroRn.Ic; AND FIEI.D TESTING
Special. lnspaclor
Technician/lnspeclor V
Technicianllnspedor N
Technicianllnspec10r rII
Technician II
Technician I
lABoRATORY TE8'r1NG
Visual Classification and Semple Handllrig Special
Laboratory Tes1S (Leaching Studies, Slurry
Consolidation, etc.)
Laboratory Technician V
Laboratory Techniclan IV
Labora1ory Technician III
Laboratory Tec:hrklan II
Labonrlory Techrlician I
par hour 64.00
per hour 58.00
per hour 50.00
per hour 44.00
per hour 35.00
per hour 79.00
per hour 68.00
per hour 60.00
per hour 49.00
per hour 42.00
per hour 42.00
sw.c.rPERSONNB.
Engineering Designer V
Engineering Designer III
Engineering Designer I
Senior Technical Draftsperson
Technical Draftsperson
Technical Secretary
..........................................
WMkend WId holI*y WOlt! IInd worilln __ of I houni I*' day (belore T AM or lIftar 5 PM) 01' 40 hours per _k per project WlI be ClIlerged.
US am. h .....-c:t -. .
"Hourty --- ~ Forl-...ona.
TaWS: AlIIMIba - due WId ,.,.. upon receipt .... _ _....._... e..... ai.n n.s. powuID...., /II. __ ..... of 1.1% I*'
IIICIl'lCtI (I.e., .. _UIIInWwt .. of 111%) wtlI be -..:l on all l~ not jlIIId ... 30 cia,.. MY ~ .. 01' CICIw coa.lnc:ulftd
.11I --......, _nqu.rt amount ahall be paid by 1M ClWnt.
"'"- JIItce. - III.... tar -no: com,**, 1Itf'OUIlh DIciIInIIIr 21, 201&. TIll' ... acNdule ...11 be aupe~ bf" 2007''''''''' lor
--............ o.c.mw 21. 211011. .
Attachment A Page 17 of 24
...--...... .
Agenda Item No.1 OJ
Noy.ember 14 2006
Page 23 of 97
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. e,)(.tttR 17 \. D'
Liebl &. Barrow Engineering, Inc. pc:; · ?
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Structural Engineering. Threshold Inspection
FEE SCHEDULE
PROFESSIONAL:
Principal Engineer
ProCessional Engiaeer
Construction Administration
Shop Drawing Review
Engineer
Construction Inspector
Regul8r Hour IDspector Rate
Overtime/Weekend Inspector Rlite
S 140.00lhr
llO.OOJhr
llO.OOlhr
llO.OOJhr
9S.00/hr
70.00lbr
lOS.OO/hr
Autoead Technician
68.00/hr
Claim Investigation .
Expert Witness - Testimony (4 bour minimum)
175.00Ihr.
275.001hr
ADMINISTRATIVE:
Clerical
42.00lhr
OUTSIDE PROFESSIONAL FEES:
Cost + 15%.
Fees are subject to change on an annual basis. The most eulTent Fee Schedule shaD
beued.
September 2006
Attachment A Page 18 of 24
'';.'
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Agenda Item No. 10J
November 14, 2006
Page 24 of 97
....
TLC Engineering
=x.l"+t SIT 'D I
PG. a,
..-
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BILLING
FACTOR DESIGNATION
8/1106 - 7/31/07
BILLING RATES
6
5
4
3
2
1
Director
Senior Engineer, Manager
Project Engineer, Manager..
Engineer, Specialist
Graduate Engineer, Designer, Administrative Secretary
Technician, Secretary, Intem, Clerical
$
185
160
130
100
80
60
Rates subject to change with 30 days prior notice.
Forensic Engineering - 1.5 times norma' bilRng rate
Special Consulting - 1.5 to 2.0 times normal billing rate
TLC - ENGINI!ERING FOR ARCHITI!!CTURE
874 Dixon Boulevard. Cocoa, FL 32922-5809
Phone 321.638.0274 _.lJe.englneers.com Fax 321.639.8986
Attachment A Page 19 of 24
':.
. D\XT^~=- .
CONSULTING a.u~
.JL ...., ,... JL s.n.,;.a A .....
Rate Code aDd Fee Schedule
Effective J(I1IUQ1'y I. 2006
PaOFESSIONAL CONSULTANT
{) 1 - Consultant I ........................................-.....-- $
02 - Coasultlmt 0..................................................... $
03 - Consultant DL................................................... S
04 ~ Consultant IV................................-.................. $
OS - Consultant V..................................................... S
06 - Consultant VI.................................................... $
07 - Consultant vn.................................................. $
08 - Consultant vm................................................. $
09 - Priilcipal I......................................................... $
10 - Principal n........................................................ $
lA - Principal m.................................... ..... $
SO - Expert Witness...........................................;...... $
TECHNICAL SUPPORT
11 - Technician I...................................................... $
12 - Tcchnician Il.................................................... S
13 - Technician Ill.................................................. $
14 - Technician IV................................................... S
15 - Technician V..................................................... S
16 - Tcchnician VI........~.............................. $
ADMINISTRATIVE SUPPORT
21 - Project Coordinator I............... ~ . . . .. ... ...... $
22 - Project.Coordinator n... ...... ...... .............. $
23 - Project Coordinalor ill.... ... .. . .. ... . .. . .. . , . .. .. S
24 - Project Coorclinator IV...... ...................... $
25 . Project Coordinator V........... .... ......... ..... $
26 - Administrative Assistant I........................ S
27 - Administrative Assistant ll... ..................... $
SURVEY FIELD CREWS
31 - Field Crew I (2 Person )............... ...... $
. 32. Field Crew IT (2 Person )..................... $
33 -Field Crew m (2 Pmon)..................... S
34 - Field Crew IV ( 2 Person )............ ......... $
35 - Field Crew I (3 Person )..................... $
36 - Field Crew II (3 Person )...............;..... $
37 - Field Crew ill (3 Person )..................... $
38 - Field Crew IV (3 Person )..................... $
39 - Field Crew GPS ...;............................... S
41 - Field crew Robot (1 Person)..................... $
42 - Field Crew Robot.(2 Penon)............... ...... $
Agenda Item No.1 OJ
November 14,2006
Page ;25 of 97
S?)(H-lt317 tD'
P~. -:;
70.00 I HR
80.00/HR
90.00 I HR
10S.00/HR
120.00 I HR
130.00/HR
14S.00/HR
165.00 I HR
175.00/HR
190.00 I HR
200.00 I HR
22S.oo/HR
52.50/HR
62.50 I HR
72.50 I HR
82.50 I HR
92.50 I HR.
102.50 I HR
47.50/HR
55.00 I HR
60.00 I HR
62.50 I HR
67.50/HR
37.S0/HR
42.50 I HR
85.00 I HR
95.00 I HR
10S.00 I HR.
115.00 I HR
115.00 I HR
125.00 I HR
135.00 I HR
145.00 I HR
135.00 I HR
100.00 I HR.
120.00 I HR
C;\!locumcnr.lIII4' s.uinp\DALAS.DtsNEY\LooaI S~\Tc:mporary inta'DClt FiJes\OLK4F\RalC CocIo IIId Fee ScbeduIc.doe
.~r2i{J:~~~f. -~'~":"\~:: ','.
i Attachment A Page 20 of 24
I
.....,..,.
Agenda Item No. 10J
November 14, 2006
Page 26 of'97
.. '.
.....
D'XTA~C
CONSUL TINO
.... '-, '.L .L
.~ .V...nzadCII
.Ovlll!qilMlarin& .~ '" MIIIlPiIII
ExtttP;\T 'tEE '
PG:: ~ I
. September 14,2006
Dalas D Disney
Disney & Associates, P.A
1865 Veterans Park Drive, Suite 301
Naples, FL .34109-0447
Subject: Professional Service Ploposal '(1'" UP #02-3422. New County Fleet Faci1Jty
Change Orrier 9
(RWA., file. Ploject No. 020157.00.00)
Dear Mr. Disney:
PurSuant to our recent discussions, the anticipated timeline for completion of the Fleet Facility
project continues to be lengthened to a degree that it wanants adjustments to the original
contract pricing through an additional service agreement. Accordingly, we hereby submit the
following liSt of fee increases for Civil EngineariDg and Surveying Services associated with the
subject project.
Submittals Checking and Distribution
. OxigiDalFcc $5,00000
Increased Fee $ 750.00
Subtotal $5,75000
Site Meetings. Rcsoond to REI's, Certificates of Cornpletion
Original Fee $8,000 00
Increased Fcc $1,200.00
Subtotal $9,200.00
Utility Acceptance
Oxiginal Fec $3.500.00
Inctcascd Fee $ 500.00
Subtotal $4,000.00
I also wanted to reconfirm the fee for Land Development Code (IDC) Record Drawings as
listed below in Oill oIiginal proposal:
14.0 Land Develooment Code (Wa Record DraWinlZ9
Consultant wilI provide the following sw-veying services as requiIed per the Collier
County L~d Development Code:
. Locate aU above ground appurtenances for the proposed pres~ mains.
. Locate pressure mains on lOO' +/- intcrvals provided that the utility oontractor
leaves a vertical sleeve for this purpose
. Provide vertical data for roadway PVI high$ and lows
I
r
!
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r
I
6810 WIllw PIJt CrIvlI SuIIB 200. ...., FladdI M1Dt. (239) ~7..0575, lax: tzj9) 59Hl578
WWW~llIlIII
Attachment A Page 21 of 24
Agenda Item No. 10J
November 14, 20Qft.-
Page 27 of 97
.~-
\. ...--
EX. tt-L B I"" &::=
PeS l Z-
..... .
,---
. . Provide vertical data forsaituy and storm inverts
SeODe of Services
14.0 LDC Record Drawings
Fee Fee Tvpo
$4,600 Fixed
. .
All of the original contI act assumptions and excluded services are still in full force and effect,
ACCEPTANCE AND AUTHORIZATION TO PROCEED
Period for Acceptance
Ihis Proposal! Agreement is open for aceeptmce by Client tbzouah Sep1ember 28, 2006 Aft= the
acec:ptanee date the proposal may be withdrawD or subject to modification by RW A.
Acceptance
If this Proposal/Agreement satisfactorily sets forth Client's entire understanding of the agr_me...t,
please sign OM copy of this agreement in the space provided and return it to RW A as authorization to
proceed with the work.
Pwncr/Clicnt Authori2ation
I bcreby CettifY 1;ha~ the: undersigned is IIllldbozized apDt for DImey &. AssociateS. p .A., who is the
Prime Consultant for the project, which is the subject of this proposal. As. the owner's aut:borizz:d agent
I bc:.tWy. authorize the performance of the set vices as described herein and agree to pay the charges
resultiq thereby as identified above and in accordanoe with the Standard Business lc:nns and
Conditions and Rate Code and Fee Schedule ofRWA provided with the original proposal
Accepted this _ day of
.2006.
By:
Name
Disney & Associa.tes, P.A.
Title
Thank you for the opportunity to submit this pro~ SCIvice proposal. Please feel free to contact
me at S97~S7S if you have any questions. We win look forward to hearing back from you soon.
Respectfully yours,
RWA, Inc.
~~
Mark 1. Stmyak, P E.
Project Manager
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Cc: File Copy
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MIS
Attachment A Page 22 of 24
.....
-:...'
'" '
Agenda Item NO.1 OJ
November 14. 2006
Page 28 of 97
.-.
E=.><.tl-l ~ \ T
\. I
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Schedule -8" - Attachment "A"
Schedule of Fees for Basic Services
BASIC SERVICES
TASK TITLElDESCRIPTION
1 . Preliminary Matters
2 Site Data
A AL TA Survey
B . Design Phase Survey
C Phase I Environmental Survey
D Asbestos Survey
E Geotechnical Survey
3 "Zoning
.AIBIC RezonelConditional UseIPubllc Participation
4 Preliminary Design
5 Construction Documents
6 Permits
7 Bidding
8 Construction
9 Reimbursable Expenses
Total Basic Services
Percentage of project @ $6,600,000 Construction
Cost
January 24,2003; Disney & Associates, P.A..
31
Cost
8,600.00 Fixed
13,750.00 Fixed
12,400.00 Fixed
2,750.00 Fixed
4,000.00 Fixed
5,750.00 Fixed
41,120.00 Fixed
140,000.00' Fixed
162,350.00 Fixed
18,450.00 Fixed
500.00 Fixed
74,080.00 Fixed -<....
16.250.00 Not To Exceed
$500,000.00
.7.58%
Attachment A Page 23 of 24
I
Agenda Item NO.1 OJ
November 14, 2006
Page 29 of 97
.-,
Schedule -S- - Attachment NAN
Schedule of Fees for Basic ServiceS
Amendment No. 1
E"X\..H f71"'f 'l;f )
"'--'{01
.. Indicates New Item related to Scope Revision
January 24, 2003; Dlaney & Associates, P .A.
February 6. 2004: Revised Disney & Assoclates, P.A.
Project: RFP#02-3422 "Professional Architectural Services for New County Fleet Facility"
Attachment A Page 24 of 24
...
'"'
Agenda Item No. 10J
November 14, 2006
Page 30 of 97
COLLIER COUNTY FLORIDA GOVERNMENT
CONSTRUCTION MANAGEMENT AT RISK CONTRACT
PROJECT NO:
06-3914
PROJECT NAME AND LOCATION:
Construction Management At Risk Services for
the Collier County Fleet Facilities
2901 County Barn Road
NAPLES, FLORIDA 34112
CONSTRUCTION MANAGER:
Wright Construction Corp.
A State of Florida Corporation
5811 Youngquist Road
Fort Myers, FL 33912
239.481.5000
DESIGN PROFESSIONAL:
Disney & Associates, PA
1865 Veterans Park Drive, Suite 301
Naples, FL 34109-0477
239.596.2872
Attachment B Page 1 of 44
ARTICLE
1.0.0
1.1.0
1.2.0
1.3.0
2.0.0
2.1.0
2.1.1
2.1.2
2.1.3
2.1.4
2.1.5
2.2.0
2.3.0
2.4.0
3.0.0
3.1.0
3.2.0
3.3.0
3.4.0
3.5.0
3.6.0
3.7.0
3.8.0
3.9.0
3.10.0
3.11.0
3.12.0
3.13.0
4.0.0
4.1.0
4.2.0
5.0.0
5.1.0
5.2.0
5.3.0
5.3.1
5.3.2
5.3.3
5.4.0
5.5.0
6.0.0
6.1.0
6.2.0
6.2.1
6.2.2
6.2.3
7.0.0
7.1.0
7.2.0
l'
TABLE OF CONTENTS
DESCRIPTION
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT...............................................
The Construction Team ...... ......... .......... ......... ................................ .......... ............................. ....... ......
Extent of Agreement........... ......... ............... ........... ............ ....... .............. ........ ........ .......... ..................
Definitions .. ...... .................. ........ ............. ......... ..... ............. ...... .............. .... ... ..... .......... .... ............ ......
CONSTRUCTION MANAGER'S SERVICES..................................................................................
Project Management Information System (PMIS)..............................................................................
General... ...... ............ ..... ................... ... ...... ......... ..................... .............. ............ ............. ......... ...........
Narrative Reporting Subsystem ..... ...... ...... ......... ...................... .............. ...... ........ .... ........... ... ....... .....
Scheduled Control Subsystem ...... ...... .... ...... ...... ............. ...... ...................................... .......................
Cost Control Subsystetn ... ...... ................. ..... ....... ......... ............................ .... ... ............ ........... ............
Project Accounting Subsystem. ........ ........... ................. ................ ............ .... ........ ....... ....... ..... ... ........
Project Manual ......... ..................... ... ........... ....... ...... ... ............ ................. ... .............. ........ ..... ............
Design Review And Recommendations. ....... ...... ............ .......................... ....... ..... ....... ...... ........ .........
Construction Phase............................................. ................................................................................
O\VNER'S RESPONSIBILITIES....... .............. .............. ............ .... .......... .............. ............... ....... ......
Owner's Information ........ ....... ..... ..................... ........... ...... ................ ......... ...... ........... .............. .........
Owner's Representative.......... ............................................................................................................
Design Professional's Agreement... ... ...... .... ... ............ .... ....... ..... .... .... ............. ...... ...... ......... ........ ......
Site Survey And Reports .......... ......... .......... ...................... ........... .......... ......... .......... .......... ...............
Approvals And Easements. .... ........ .......... ... .... ....... .... ........ ....... ..... ..., ............. .......... ........ .... ........... ...
Legal Services.. ..... ..... .... ....... .......... ...................... ..... ....... .................................... ...... ......... ..............
Drawings And Specifications .......... ......... ...................... ......... ................... ......... ... .......... .... .... ..........
Cost Of Surveys And Reports... .............. .... .......... ..... ....... ......... ..... .... ....... ........ ..... ..... ......... .......... ....
Project Fault Defects ........ ........ ..... ......... ..... ..... .... ..... ....... ............ .... ............ ...., .......... ........ ...............
Funding...... ..... ........... ....... ........ ..... .............. .......... ............ ..... .......................... .............. ..... ...............
Lines Of Communication.. ........ ........ ... ...... ...... ...... ...... ................. ....... ........................... ............. .......
Lines Of Authority...... ........................................................... .............................................................
Permitting & Code Inspections........ ..... ............ ............ ......... ....... ....... .............. ............. ................ ....
PERMITTING AND INSPECTION ...................................................................................................
Building Permits.. ................ ................ ........................... ........... ......... ...... ..................... ........ .............
Code Inspections ..... ............ ..... .... ...... ......... .... .... .... ....... ...... ...... .... .... ....... ..... ..... .......... .... .... .............
SUBCONTRACTS........................................................ .....................................................................
Definition............................. .................................................. ................................. ............................
Proposals.. .......... ................... ....... ..... ..... ..................... ..... .............. .................... .......... ......................
Required Subcontractors' Qualifications And Subcontract Conditions ..............................................
Owner's Approval of Subcontractors....... .......... ......... .................. ..... ........ ........ ........... ....... ..............
Subcontractual Relations .... ................ ............ ......... ......... ......... ......... ....... ..... ................ ............. .......
Sub contractual Requirements ....... ..... ....... .......... .............. .......................... ........ ...... .... ... ..... ....... .......
Responsibilities For Acts And Omissions ..........................................................................................
Subcontracts To Be Provided .......... ............ ............ ............ ...... ................... ....................... ......... ......
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION ..................
Project Substantial Completion Date, Project Final Completion Date
And Owner Occupancy Date ..............................................................................................................
Liquidated Damages ........ ... ................ ...... ..... ............. ...... ........ .............. ...... .... .......... ..... .... ..... ..........
For Delay in Substantial Completion..................................................................................................
For Delay in Final Completion ...........................................................................................................
Date of Owner Occupancy.............. .......... ..... .... ............ ....................... ..... ... ........... ...... ..... ... .... .........
GUARANTEED MAXIMUM PRlCE FOR CONSTRUCTION .......................................................
Guaranteed Maximum Price (GMP) Proposal....................................................................................
GMP Taxes........................................................ .................................................................... .............
2
Agenda Item No. 10J
November 14, 2006
Page 31 of 97
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Attachment B Page 2 of 44
ARTICLE
7.3.0
7.4.0
8.0.0
8.1.0
8.1.1
8.1.2
8.1.3
9.0.0
9.1.0
9.2.0
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10.1.0
10.1.1
10.1.2
10.1.3
10.1.4
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10.3.0
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13.3.0
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14.1.0
14.2.0
14.3.0
15.0.0
15.1.0
15.2.0
~
TABLE OF CONTENTS CONTllflffiD
DESCRIPTION
Adjustments In Contingency Contained Within GMP ........................................................................
Use Of Contingency Contained Within GMP..... ...... .... ................ ...... .......... .......... ...., ........... ............
CONSTRUCTION MANAGER'S FEE ... ..........................................................................................
Fee..........................................................................,...........................................................................
Pre construction Phase Fee. ......... ...................... ......,......, ........... .............. ....... ................... ....... ..........
Construction Phase Fee..... ......... ... ..... .... .... ....... ............... ......................... .... .... ..... ............ ......... .......
Overhead And Profit For Construction Phase ....................................................................................
COST OF THE PROJECT ....................................... ..........................................................................
Definition....... ............,...... ........... .... ..... ...... .............................. ................ ....... ................ .... ... ....... .....
Direct Cost Items... ..... ...... ...................... ..........., ....... ..... .............. .... .... .... .... ........ .... .... ..........,. ..........
CHANGE IN THE PROJECT .................................................... .......................................... ..............
Change Orders ...... .......... .................... ........ ................ ....., ................. ............. .......................... ..........
Change Order Definition ............. ............... ............... ..................... .................... ........,.......................
Acceptable Ways Of Determining Increases Or Decrease
In The GMP On Change Orders .........................................................................................................
Itemized Accounting On Change Orders............................................................................................
Adjustments In Unit Prices & GMP Due To Inequitable Quantity Changes ......................................
Concealed Conditions........................... ......... ......... ................ ....... ....... ........ ....... ...... .................. .... ...
Claims For Additional Cost Or Time .................................................................................................
Minor Changes In The Project............................................................................................................
Emergencies ..................... ...... ............ ........................ ..... ............................... ............... .....................
DISCOUNTS AND PENALTIES ............................. ......... ................................................. ...............
Discounts And Penalties...................... ................. ...................................................... ......... ...............
PAYMENTS TO THE CONSTRUCTION MANAGER...................................................................
Monthly Payments... ......... ............... ............. ............ .............. ....... ............................................. ........
Final Payment. ................... ........ ............ ................................. ................. ......... .......................... ........
Payments To Subcontractors ............. ...., ................... ......... ................... ........... ..... ............... ...... ..... ...
Delayed Payments By Owner .................................................. ......,................ ,.......................... .........
Payments For Materials And Equipment .........................,..................................................................
Withholding Payments To Subcontractors .........................................................................................
INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION..................................................
Indemnity........ ........ ............................................................................................... ................ ......... ......
Construction Manager's Insurance.............. ........................................... ................ ...............................
Waiver Of Subrogation. ................ ................. .......................................................................................
TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM
CONSTRUCTION MANAGER'S OBLIGATION.. .......... ...................................................................
Termination By The Construction Manager ............... ................ .... ................................. ......................
Owner's Right To Perform Construction Manager's Obligations And Termination
By Owner For Cause .... .............. ,......................................... .................................................... .............
Termination By Owner Without Cause .................................................................................................
ASSIGNMENT AND GOVERNING LAW .........................................................................................
Assignment Consent ...................... ............................................................................,.......,...................
Governing Laws. .......................... .... ....... ..... ..... .................................... .......... ............... .......................
16.0.0 NOTICE OF CLAIM; WAIVER OF REMEDIES; NO DAMAGES FOR DELAy............................
16.1.0 Notice of Claim....... ....... ....... ................... ............ .... .......... ................... ........................ ........................
16.2.0 Resolution of Claims and Disputes, Generally.......... ........................................................................
3
Agenda Item No. 10J
November 14, 2006
Page 32 of 97
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Attachment B Page 3 of 44
ARTICLE
TABLE OF CONTENTS CONTINUED
DESCRIPTION
Agenda Item No. 10J
November 14, 2006
Page 33 of 97
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Attachment B Page 4 of 44
16.3 .0 Venue .... .... ..... ............ ....... ................... ...... .... ...... ........ ..... ........ ........ ..... .................... ........................... 32
16.4.0 Remedy for Delay. ....................... ....... ............... .............. ................ ............. ..... ....... .............. ..... ......... 32
17.0.0 MISCELLANEOUS..... .......... ..... .... ............. .... ...... .......... ............ .......... ....... .... ..... ................... .... ..... ... 33
17 .1.0 Harmony....... .............. ...... ... ............... .... ... ....... .... ....... ..... ....... ..... ....... ....... ........... ........... ..................... 33
17.2.0 Apprentices ........ ..... ..... .............. .............. .......... ................. .......................... ........... ....... ...................... 33
17.3.0 Invoices ....... ....... ............... ......... .............. ....... ......... ............ ........... ............. ................. .......... ...... ........ 33
17.4.0 Construction Manager's Project Records............................................................................................... 33
17.5.0 Minority Participation .............................................................................................. ............................. 33
17.6.0 Construction Manager's Payment Rights ............................................................................................... 33
17.7.0 Public Entity Crime Infonnation Statement .......................................................................................... 33
17.8.0 Unauthorized Aliens .................................... .......... ................ ......... ....... .............. ..... ......... ........ ............ 33
17.9.0 Electronic Mail Capabilities ............. ..... ............ ....... ................. ................... ................................... ...... 33
17.10 Captions and Section Headings............................................................................................................. 33
17.11 Agreement Preparation.......................................................................................................................... 33
17.12 Third Party Beneficiaries ....................................................................................................................... 33
EXHffiITS
A
B
C
D
E
f'
G
H
I
J
K
L
M
o
Construction Team Assigned Representatives. ..... ............ ..... ...... .......... ............ ......--....... ... ..................
Construction Manager's Personnel......... ................ .............. ....... .............. ..... ... ........ ............ ................
Certificate of Substantial Completion.... .......... ... ............ ............... ........... .......... ............ ......................
Construction Manager's Affidavit of Contract Completion ...................................................................
AmendInent No.1.. .... .................. ...... .... .................... ......... ............. ........... .......... ....... ......... ................
Construction Manager's Personnel To Be Assigned During Pre-construction Phase ............................
Construction Manager's Per Diem Staff For Time Extensions Per 8.1.2(1)(b) .....................................
Construction Manager's Personnel To Be Assigned During Construction Off-Site ..............................
Construction Manager's Personnel To Be Assigned During Construction On-Site...............................
Release and Affidavit. . . ... ... .., ...... ... . . ... . ... .. . ..... . ... .. . . .. ...... ... ... ... .. .... ... . .. . . . ... . .. ... ... ... ..
Fonn of Contract Application for Payment... ... ..................... ... ....................................................
Consent of Surety........................ ................................................... .................... .....
Change Order...... .... .. .. .... ... ...... ... ... . .. ... . .. . .. . ....... . ... ... .... .. ... ... ... .. ... . ... .. . . ... .. .... . ......
Items To Be Submitted With General Construction Manager's Request For Final Payment.................
CONSTRUCTION MANAGEMENT AT RISK CONTRACT
Agenda Item No. 10J
November 14, 2006
Page 34 of 97
THIS AGREEMENT made this 28th day of March in the year 2006 by and between the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNIY, FLoRIDA, a political subdivision of the State of Florida, the Owner, and
Wright Construction Corp., a Florida Corporation
5811 Youngquist Road
Fort Myers, FL 33912
PHONE: 239.481.5000 FEDERAL TAX LD. NUMBER: 35-1034174
hereinafter called the Construction Manager.
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
The Construction Manager accepts the relationship of trust and confidence established between him and the Owner by this
Agreement He covenants with the Owner to furnish his best skill and judgment and to cooperate with the Design Professional in
furthering the interests of the Owner. He agrees to furnish efficient business administration and superintendence and use his best
efforts to complete the Project in the best and soundest way and in the most expeditious and economical manner consistent with the
interest of the Owner.
1.1 The Construction Team The Construction Manager, Owner's representative, and the Design Professional, called the
"Construction Team", shall work jointly during design and through final construction completion and shall be available
thereafter should additional services be required. The Design Professional will provide leadership during the Pre-
construction Phase with support from the Construction Manager and the Construction Manager shall provide leadership
to the Construction Team on all matters relating to construction.
The specific representatives of the Construction Team are shown in Exhibit A attached.
1.2 Extent of Alrreement - This Agreement for Contract No. 06-3814, "Construction Manager at Risk Services for the
Collier County Fleet Facilities" located at 2901 County Barn Road, Naples, Florida 34112, between the Owner and the
Construction Manager supersedes any prior negotiations, representations or agreements. The Construction project is
structured into three (3) phases and will include three (3) GMP Amendments; Board of County Commissioners (BCe)
Fleet Facility, Collier Area Transportation (CA T)!fransportation Disadvantaged (TD) Operations Facility, and the
Sheriffs Fleet Facility. When drawings, specifications and other descriptive documents defining the work to be included
under a construction authorization are complete, they shall be identified in the construction authorization issued by
Owner's Representative. When drawings, specifications and other descriptive documents defining the work to be
included in the guaranteed maximum price (GMP) are sufficiently complete, an Amendment to the Agreement shall be
signed by the Owner and Construction Manager, acknowledging the GMP amount and the drawings, specifications and
other descriptive documents upon which the GMP is based. To expedite the preparation of this GMP Amendment by
the Owner, the Construction Manager shall (i) obtain three (3) sets of signed, sealed and dated drawings; (ii) obtain one
(1) reproducible set of drawings; (iii) obtain specifications and other documents upon which the GMP is based from the
Design Professional; (iv) shall acknowledge on the face of each document of each set that it is the set upon which he
based his GMP; and shall send one set of the documents to Owner's Representative along with his GMP proposal.
Construction Manager shall keep one set for himself and return one set to the Design Professional. The GMP Proposal
shall include the following sections:
Section One:
Section Two:
Section Three:
Section Four:
Section Five:
Section Six:
Section Seven:
Summary of Work
GMP Price Summary
Scope Clarifications and Assumptions
Detailed Estimate
Bid Tabulations and Recommendations
Preliminary Construction Schedule
Contract Documents - Drawing List and Specification List
This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only
by written instrument signed by both Owner and Construction Manager.
1.3 Definitions:
Design Professional- Disney & Associates, P.A., 1865 Veterans Park Drive, Suite 301, Naples, Florida 34109-0477,
239.596-2872
5
Attachment B Page 5 of 44
___.___.~__~__~.,-_____n. ____.___n
Agenda Item NO.1 OJ
November 14, 2006
Construction Manager - Wright Construction Corp. a Florida Corporation, 5811 Youngquist Road, Foft~yeYs~ f?lo~lda
33912,239.481.5000.
Estimate - The Construction Manager's latest estimate of probable project construction cost.
Owner - Board of County Commissioners of Collier County, Florida
Owner's Representatives - The person or person(s) designated by the Owner to provide direct interface with the
Construction Manager with respect to the Owner's responsibilities.
Pennitting Authoritv - Any governmental agency having jurisdiction over any portion of the Project.
Proiect - The Project is the total work to be perfonned under this Agreement. The Project consists of permitting,
zoning, construction and code inspection for "06-3914, "Construction Management at Risk Services for the Collier
County Fleet Facilities, 2901 County Barn Road, Naples, Florida 34112, necessary to build the component parts of the
Project.
ARTICLE 2
CONSTRUCTION MANAGER'S SERVICES
The services, which the Construction Manager shall provide include, but are not limited to, those described or specified herein.
The services described or specified shall not be deemed to constitute a comprehensive specification having the effect of excluding
services not specifically mentioned.
2.1 PROJECT MANAGEMENT INFORMA nON SYSTEM (PMIS)
2.1.1 General:
(1) Commencing inunediately after contract award, the Construction Manager shall implement and shall utilize
throughout the life of this Contract all subsystems of the Project Management lnfonnation System hereinafter
referred to as PMIS.
(2) The reports, documents, and data to be provided shall represent an accurate assessment of the current status of
the Project and of the work remaining to be accomplished and it shall provide a sound basis for identifying
variances and problems and for making management decisions. It shall be prepared and furnished to the Owner
and the Design Professional monthly and shall accompany each pay request.
(3) If requested by Owner's Representative, the Construction Manager shall conduct a comprehensive workshop in
Collier County for participants designated by Owner's Representative and additional seminars as required to
provide instruction. This workshop and the seminars shall facilitate each participant's and the Owner's
Representatives' use and understanding of PM IS; shall support, in-part, the fimction of organizing in concert with
the Design Professional for the design and construction of the Project; and shall establish, with the full
concurrence of the Owner and the Design Professional, procedures for accomplishing the management control
aspect of the Project.
(4) The PMIS shall be described in terms of the following major subsystems:
(a) Narrative Reporting, on a monthly basis,
(b) Schedule Control, on a monthly basis,
(c) Cost Control, and estimating,
(d) Proj ect Accounting,
(e) Accounting and Payment, and
(f) Action Reports.
2.1.2 Narrative Reporting Subsvstem
(1) The Construction Manager shall prepare written reports as described hereunder. No other PMIS narrative reports
shall be required. All reports shall be in 8 1/2" X 11" format.
(2) The Narrative Reporting Subsystem shall include the following reports:
(a) A Monthly Executive Summary which provides an overview of current issues and pending decisions, future
developments and expected achievements, and any problems or delays, including code violations found by
any Permitting Authority.
6
Attachment B Page 6 of 44
.
Agenda Item NO.1 OJ
November 14, 2006
(b) A Monthly Cost Narrative describing the current construction cost estimate status of the Proj&:r.ge 36 of 97
(c) A Monthly Scheduling Narrative summarizing the CWTent status of the overall project schedule. This report
shall include an analysis of the various project schedules, a description of the critical path, and other analyses
as necessary to compare planned performance with actual performance.
(d) A Monthly Accounting Narrative describing the CWTent cost and payment status of the entire project. This
report shall relate current encumbrances and expenditures to the budget allocations.
(e) A Monthly Construction Progress Report during the construction phase summarizing the work of the various
subcontractors. This report shall include information from the weekly job site meetings as applicable such as
general conditions, long lead supplies, CWTent deliveries, safety and labor relations programs permits,
construction problems and recommendations, and plans for the succeeding month.
(f) A Daily Construction Diary during the construction phase describing events and conditions on the site.
{g) Construction Manager as part of its services shall follow Owner's Material/Equipment Direct Purchase
Program described in Article 2.4(14).
(3) The reports outlined in subsection (2)(a) through (e) above shall be bound with applicable computer reports and
submitted monthly during design and construction phases and shall be cWTent through the end of the preceding
month. Copies shall be transmitted to the Owner and the Design Professional and others designated by Owner's
Representative with the monthly application for payment.
Additional copies of the report outlined in subsection (2)(a) shall be bound separately and distributed monthly as
directed by Owner's Representative.
(4) The report outlined in subsection (2)(f) above shall be maintained at the site available to the Owner and Design
Professional. A copy, bound, of the complete diary shall be submitted to the Owner at the conclusion of the
Project.
2.1.3 Scheduled Control Subsystem
(l) Master Proiect Schedule - Upon award of this Contract, the Construction Team, shall submit a master project
schedule covering the planning and design approvals, construction and Owner occupancy of the Project. This
schedule will serve as the framework for the subsequent development of all detailed schedules. The master
project schedule shall be produced and updated monthly throughout the project.
(2) Construction Schedule And Requirements For Overtime Work For Proiects With Construction Costs In Excess of
$2,000.000.00 Within thirty (30) days after the date of the Owner's issuance of a Notice to Proceed, the
Construction Manager shall prepare and submit to the Design Professional a construction schedule in duplicate
graphically depicting the activities contemplated to occur as a necessary incident to performance of the work
required to complete the project, showing the sequence in which the Construction Manager proposes for each
such activity to occur and duration (dates of commencement and completion, respectively) of each such activity.
Design Professional shall determine whether the construction schedule developed and submitted by the
Construction Manager meets the requirements stated above and such determination shall be binding on the
Construction Manager. Failure of the Construction Manager to develop and submit a construction schedule as
aforesaid shall be sufficient grounds for the Design Professional to fmd the Construction Manager in substantial
default and certify to the Owner that sufficient cause exists to terminate the contract or to withhold any payment.
Following development and submittal of the construction schedule as aforesaid, the Construction Manager shall,
at the end of each calendar month occurring thereafter during the period oftime required to fmany complete the
subject project, or at such earlier intervals as circumstances may require, update and/or revise the construction
schedule to show the actual progress of the work performed and the occurrence of all events which have affected
the progress of performance of the work already performed or will affect the progress of the performance of the
work yet to be performed in contrast with the planned progress of performance of such work, as depicted on the
original construction schedule and all updates and/or revisions thereto as reflected in the updated and/or revised
construction schedule last submitted prior to submittal of each such monthly update and revision. Each such
update andlor revision to the construction schedule shall be submitted to the Design Professional in duplicate.
Failure of the Construction Manager to update, revise, and submit the construction schedule as aforesaid shall be
sufficient grounds for the Design Professional to find the Construction Manager in substantial default and certify
to the Owner that sufficient cause exists to terminate the Contract or to withhold payment to the Construction
Manager until a schedule or schedule update acceptable to the Design Professional is submitted.
7
Attachment B Page 7 of 44
Agenda Item No. 10J
November 14,2006
.. (3) The Construction Manager shall prepare and incorporate into the schedule database, at the requuPetTitlJ<;a~J, %Ie
following schedules:
(a) Pre-Bid Schedules (Sub-networks) - The Construction Manager shall prepare a construction schedule for
work encompassed in each bid package. The schedule shall be sufficiently detailed as to be suitable for
inclusion in the bid package as a framework for contract completion by the successful bidder. It shall show
the interrelationships between the work of the successful bidder and that of other subcontractors, and shall
establish milestones keyed to the overall master schedule.
(b) Subcontractor Construction Schedules (Sub-networks) - Upon the award of each sub-contract, the
Construction Manager shall jointly with the Subcontractor, develop a schedule which is more detailed than
the pre-bid schedule included in the specifications, taking into account the work schedule of the other
subcontractors. The construction schedule shall include as many activities as necessary to make the schedule
an effective tool for construction planning and for monitoring the performance of the subcontractor. The
construction schedule shall also show pertinent activities for material purchase orders, manpower supply,
shop drawing schedules and material delivery schedules.
(c) Occupancy Schedule - The Construction Manager shall jointly develop with the Design Professional and
Owner a detailed plan, inclusive of punch lists, fmal inspections, maintenance training and turn-over
procedures, to be used for ensuring accomplishment of a smooth and phased transition from construction to
Owner occupancy. The Occupancy Schedule shall be produced and updated monthly from its inception
through fmal Owner occupancy.
2.1.4 Cost Control Subsystem - The operation of this subsystem shall provide sufficient timely data and detail to permit the
Construction Team to control and adjust the project requirements, needs, materials, equipment and systems by building
and site elements so that construction will be completed at a cost which, together with all other project costs, will not
exceed the maximum total project budget. Requirements of this subsystem include the following submissions at the
following phases of the project included in the bid package:
Estimates
(a) At completion of Advanced Schematic Pre-construction Phase For Each Item Or Bid Package.
(b) At Completion of Design Development Phase For Each Item Or Bid Package.
(c) At Completion of 100% Construction Docwnents Phase For Each Item Or Bid Package.
(d) At establishment of the Guaranteed Maximwn Price.
(e) Construction Documents Estimates - Prior to the bid of each bid package, when the working drawings and
specifications are complete, the Construction Manager shall prepare and submit a cost estimate on the basis of a
quantitative material take-off with current local cost for each bid group by subcontract package.
2.1.5 Proiect Accounting Subsystem - The operation of this subsystem shall enable the Construction Team to plan effectively
and to monitor and control the funds available for the project, cash flow, costs, change orders, payments, and other
major fmanciaI factors by comparison of budget, estimate, total commitment, amounts invoiced, and amounts payable.
This subsystem will be produced and updated monthly and includes the following reports, which together will serve as a
basic accounting tool and an audit trail. The Construction Manager shall retain all records, project files and supporting
documentation that concerns or relates to the Work hereunder in a manner consistent with proper accounting procedures
for a minimum period of five years from the'date of termination of this Agreement or the date the Proj ect is completed,
whichever occurs later. Owner, or any duly authorized agent or representative of Owner, shall have the right to audit,
inspect and copy all such records, files and documentation as often as they deem necessary during the period of this
Agreement and during the five - year period noted above; provided, however, such auditing activity shall be conducted
only during Construction Manager's normal business hours. This report will also provide for accounting by building
and site element.
(a) Costs Status Report presenting the budget, estimate, and base commitment (awarded contracts and purchase
orders) for any given contract or budget line item. It shall show approved change orders for each contract which
when added to the base commitment will become the total commitment. Pending change orders will also be
shown to produce the total estimated probable cost to complete the work.
(b) A Pavment Status Report showing the value in place (both current and cumulative), the amount invoiced (both
current and cumulative), the amount retained, the amount payable (both current and cumulative), and the balance
remaining. A summary of this report shall accompany each pay request.
8
Attachment B Page 8 of 44
(c)
Agenda Item No. 10J
November 14, 2006
Page 38 of 97
A Detailed Status Report showing the complete activity history of each item in the project accounting structure.
It shall include the budget, estimate and base commitment figures for each contract. It shall give the change
order history including change order numbers, description, proposed and approved dates, and the proposed and
approved dollar amounts. It shall also show all pending or rejected change orders.
.,
(d) A Cash Flow Diagram showing the projected accumulation of cash payments against the project. Cash flow
projections shall be generated for anticipated monthly payments as well as cumulative payments.
(e) A Job Ledger shall be maintained as necessary to supplement the operation of the project accounting subsystem.
The job ledger will be used to provide construction cost accountability for general conditions work, on-site
reimbursable expenses, and costs requiring accounting needs.
2.2 PROJECT MANUAL
(1) Upon award of contract the Construction Manager shall develop a draft comprehensive Project Manual
describing the services set forth in this Agreement. This shall provide a plan for the control, direction,
coordination and evaluation of work performed throughout the project organization including identification of
Key personnel, responsibilities of Construction Manager, Owner and Design Professional; work flow diagrams;
and strategy for bidding the work. The Project Manual shall be updated as necessary throughout the design,
construction and Owner occupancy phases. Five (5) copies of the Project Manual and any updates shall be
submitted to the Owner and Design Professional. In developing the Project Manual, the Construction Manager
shall coordinate with the Owner and the Design Professional.
(2) Contents of Project Manual - The Project Manual shall describe in detail the procedures for executing the work
and the organizations participating. The Project Manual shall include as a minimum the following sections:
(a) Project Defmition - The known characteristics of the project or subprojects shall be described in general
terms providing the participants a basic understanding of the project or sub-projects.
(b) Project Goals - The scheduJe, budget, physical, technical and other objectives for the project shall be
defmed.
( c) Proj ect Strategy - A narrative description of the project delivery methods shall be utilized to accomplish the
project goals. .
(d) Proiect Work Plan - A matrix display of the program of work to be performed by the Construction Manager,
the Design Professional and the Owner during each phase of the project.
(e) Proiect Organization - A sununary organization chart showing the interrelationships between the Owner, the
Construction Manager and the Design Professional, and other supporting organizations and permitting
review agencies. Detailed charts, one each for the Construction Manager, the Design Professional, the Using
Agency and Owner showing organizational elements participating in the project shall be included.
(f) Responsibility Performance Chart - A detailed matrix showing the specific responsibilities and
interrelationships of the Owner, the Design Professional, and Construction Manager. The Responsibility
Performance Chart shall indicate major responsibility, and minor responsibility, for each specific task
required to deliver the project. The Construction Manager shall develop a similar chart for the personnel
within his own organization who are assigned to the Project, and also for the personnel of the Owner and the
Design Professional from data supplied by each.
(g) Flow Diagrams - These charts shall display the flow of information and the decision process for the review
and approval of shop drawings and submittals, progress and change orders.
(h) Written Procedures - The Construction Manager will provide written procedures for communications and
coordination required between Construction Team members throughout the Project. Procedures shall cover
such items as correspondence, minutes, reports, inspections, team meetings, technical reviews, design
reviews, and other necessary communications.
2.3 DESIGN REVIEW AND RECOMMENDATIONS BY CONSTRUCTION MANAGER
(1) Review and Recommendations. - The Construction Manager shall familiarize himself thoroughly with the evolving
architectural, civil, mechanical, plwnbing, electrical, and structural plans and specifications and shall follow the
development of design from Preliminaries through Working Drawings. He shall make recommendations with
9
Attachment B Page 9 of 44
~.
Agenda Item No. 10J
November 14, 2006
respect to the selection of systems and materials, and cost reducing alternatives including assistang~~I96Jil~
Professional, and Owner in evaluating alternative comparisons versus long term cost effects. The evaluation shall
speak to the benefits of the speed of erection and early completion of the project. He shall furnish pertinent
information as to the availability of materials and labor that will be required. He shall submit to the Owner and
Design Professional such comments as may be appropriate concerning construction feasibility and practicality. He
shall call Owner's Representative and the Design Professional's attention to any apparent defects in the design,
drawings and specifications or other docwnents. He shall prepare an estimate of the construction cost utilizing the
unit quantity survey method.
(2) Review Reports and Warranty - Within 45 days after receiving the Construction Documents for each phase of the
Project, the Construction Manager shall perform a specific review thereof, focused upon factors of a nature
encompassed in Paragraph (1) above and on factors set out in Paragraph (5). Promptly after completion of the
review, he shall submit to Owner's Representative, with copies to the Design Professional, a written report
covering suggestions or recommendations previously submitted, additional suggestions or recommendations as
he may deem appropriate, and all actions taken by the Design Professional with respect to same, any comments
he may deem to be appropriate with respect to separating the work into separate contracts, alternative materials,
and all comments called for under Article 2.3(5).
AT COMPLETION OF THE CONSTRUCTION MANAGER'S REVIEW OF THE PLANS AND
SPECIFICATIONS, EXCEPT ONLY AS TO SPECIFIC MATTERS AS MAY BE IDENTIFIED BY
APPROPRIATE COMMENTS PURSUANT TO THIS SECTION, THE CONSTRUCTION MANAGER
SHALL WARRANT, WITHOUT ASSUMING ANY ARCHITECTURAL OR ENGINEERING
RESPONSIBILITY, THAT THE PLANS AND SPECIFICATIONS ARE CONSISTENT, PRACTICAL,
FEASIBLE AND CONSTRUCTIBLE. CONSTRUCTION MANAGER SHALL WARRANT THAT THE
WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS FOR THE VARIOUS BIDDING
PACKAGES IS CONSTRUCTIBLE WITHIN THE SCHEDULED CONSTRUCTION TIME.
DISCLAIMER OF WARRANTY: - THE OWNER DISCLAIMS ANY WARRANTY THAT THE PLANS
AND SPECIFICATIONS FOR THE PROJECT ARE ACCURATE, PRACTICAL, CONSISTENT OR
CONSTRUCTIBLE.
(3) Lon!!: Lead Procurements - The Construction Manager shall review the design for the purpose of identifYing long
lead procurement items (machinery, equipment, materials and supplies). When each item is identified, the
Construction Manager shall notifY the subcontractors, Owner's Representative and the Design Professional of the
required procurement and schedule. Such information shall be included in the bid documents and made a part of
all affected sub-contracts. As soon as the Design Professional has completed drawings and technical
specifications and the Construction Manager has obtained all permits and any zoning change approvals, the
Construction Manager shall prepare invitations for bids. The Construction Manager shall keep himself informed
of the progress of the respective subcontractors or suppliers, manufacturing or fabricating such items and advise
Owner's Representative, Owner and Design Professional of any problems or prospective delay in delivery.
(4) Separate Contracts Planning - The Construction Manager shall review the design with the Design Professional
and make recommendations to the Owner and to the Design Professional with respect to dividing the work in
such manner as will permit the Construction Manager to take bids and award separate construction sub-contracts
on the current schedule while the design is being completed. He shall take into consideration such factors as
natural and practical lines of severability, sequencing effectiveness, access and availability constraints, total time
for completion, construction market conditions, availability of labor and materials, community relations and any
other factors pertinent to saving time and cost by overlapping design and construction that are authorized by the
Owner.
(5) Interfacing
(a) The Construction Manager shall take such measures as are appropriate to provide that all construction
requirements will be covered in the separate subcontracts for procurement of long lead items, the separate
construction subcontracts and the general conditions items performed without duplication or overlap,
sequenced to maintain completion of all work on schedule. Particular attention shall be given to provide that
each bid package clearly identifies the work included in that particular separate subcontract, its schedule for
start and completion, and its relationship to other separate Construction Managers.
(b) Without assuming any Design responsibilities of the Design Professional, the Construction Manager shall
include in the reports required tmder Article 2.3(2) comments on overlap with any other separate
subcontracts, omissions, lack of correlation between drawings, and any other deficiencies noted, in order that
Owner's Representative and Design Professional may arrange for necessary corrections.
10
Attachment B Page 10 of 44
Agenda Item No. 10J
November 14, 2006
(6) Job-Site Facilities - The Construction Manager shall arrange for all job-site facilities necessa~tw ~~B1~ ~he
Construction Manager and the Owner's representatives and the Design Professional to perform their respective
duties in the management, inspection, and supervision of construction.
Tangible personal property otherwise referred to as Job-Site facilities, include but are not limited to such things
as trailers, toilets, typewriters, computers and any other equipment necessary to carry on the project. The method
of acquiring such job-site facilities, which are planned to become the property of the Owner at the conclusion of
the Project, shall be evaluated based on cost over the life of the Project. Owning versus leasing shall be
considered by the Construction Manager obtaining at least two (2) proposals for leasing and at least two (2)
proposals for purchasing and then analyzing which is least expensive over the usage life of the item. The
Construction Manager shall present his evaluation with recommendation to the Owner for approval.
When the Construction Manager wishes to supply Job-Site Facilities from his own equipment pool, he shall first
evaluate buy versus lease as discussed in the paragraph above. If leasing is found to be the least expensive
approach, then he may lease such Job-Site Facilities from his own equipment pool at a price not greater than the
lowest of the two (2) lease proposals obtained.
For all such facilities purchased which may become the property of the Owner at the conclusion of the Project,
the Construction Manager shall maintain ownership responsibilities of such facilities until the project conclusion.
Reimbursement for cost of such equipment will be made at the conclusion of the Project at the documented
purchase price. At that time, the Construction Manager shall provide the owner with a complete inventory for
each unit of equipment. The inventory shall describe the equipment and identify the purchase price, serial
number, model number and condition. \\'here said equipment has a title, said title shall be properly transferred to
the Owner or to his designee.
The Construction Manager is responsible for proper care and maintenance of all equipment while in his control.
At the time of transfer to the Owner, the Owner may refuse acceptance of the equipment if the Owner detennines
in its sole discretion that Construction Manager has not properly cared for the equipment, or that such acquisition
would not otherwise be in the best interest of the Owner. In such event, the Construction Manager will be
reimbursed for such item in accordance with Article 9.2(4) hereof.
(7) Weather Protection - The Construction Manager shall ascertain what temporary enclosures, if any, of building
areas should be provided for and may be provided as a practical matter, in order to assure orderly progress of the
work in periods when extreme weather conditions are likely to be experienced. He shall submit to the
Construction Team his recommendations as to needed requirements of this nature and as to the contract or
contracts in which they should be included.
(8) Market Analysis and Stimulation of Bidder Interest
(a) The Construction Manager shall monitor conditions in the construction market to identify factors that will or
may affect costs and time for completing the Project; he shall make analysis as necessary to (I) detennine and
report on availability of labor, material, equipment, potential bidders, and possible impact of any shortages or
surpluses of labor or material, and (2) in light of such detenninations, make recommendations as may be
appropriate with respect to long lead procurement, separation of construction into bid packages, sequencing
of work, use of alternative materials, equipment or methods, other economics in design or construction, and
other matters that will promote cost savings and completion within the scheduled time.
(b) Within 30 days after receiving Notice to Proceed, the Construction Manager shall submit a written
"Construction Market Analysis and Prospective Bidders Report" setting out recommendations and providing
infonnation as to prospective bidders. As various bid packages are prepared for bidding, the Construction
Manager shall submit to Owner's Representative and the Design Professional a list of potential bidders. The
Construction Manager shall be responsible to stimulate bidder interest in the local market place and identify
and encourage bidding competition.
2.4 CONSTRUCTION PHASE
(1) Construction Manager's Staff - The Construction Manager shall maintain sufficient off-site support staff, and
competent full time staff at the Project site authorized to act on behalf of the Construction Manager to coordinate,
inspect and provide general direction of the work and progress of the subcontractors and shall provide no less
than those personnel during the respective phases of construction that are set forth in Exhibit B to this
Agreement. He shall not change any of those persons named in Exhibit B unless mutually agreed to by the
Owner and Construction Manager. In such case, the Owner shall have the right of approval of the qualifications
of replacement personnel. Such approval will not be unreasonably withheld.
(2) Lines of Authority - The Construction Manager shaH establish and maintain lines of authority for his personnel,
11
Attachment B Page 11 of 44
..
Agenda Item No. 10J
November 14, 2006
and shall provide this defmition to the Owner, the Subcontractors, the Design Professional ~ifh~ 1~lrts
Representatives, to provide general direction of the work and progress of the various phases and subcontractors.
The Owner and Design Professional may attend meetings between the Construction Manager and his
Subcontractors, however, such attendance shall not diminish either the authority or responsibility of the
Construction Manager to administer the subcontractor.
(3)
Schedule and Project Manual Provisions - The Construction Manager shall provide subcontractors and the
Owner, its representatives and the Design Professional with copies of the Project Manual (total number of copies
not to exceed 10) developed and updated as required by Article 2.2 expanded for the Construction Phase
employing their respective milestones, beginning and fmishing dates, their respective responsibilities for
performance and the relationships of their work with respect to subcontractors and suppliers. He shall also
continue to provide current scheduling information and provide direction and coordination regarding milestones,
beginning and fmishing dates, responsibilities for performance and the relationships of the Construction
Manager's work to the work of his subcontractors and suppliers to enable them to perform their respective tasks
so that the development of construction progresses in a smooth and efficient manner in conformance with the
overall project schedule. The schedule shall include all phases of the construction work, material supplies, long
lease procurement, approval of shop drawings, change orders in progress, schedules for change orders, and
performance testing requirements. He shall advise the Owner, its representatives and the Design Professional of
their required participation in any meeting or inspection giving each at least one week notice unless such notice is
made impossible by conditions beyond his control. He shall hold job-site meetings at least once each month with
the Constructiorr Team and at least once each week with the subcontractors and the Design Professional's Field
Representative, or more frequently as required by work progress, to review progress, discuss problems and their
solutions and coordinate future work with all subcontractors.
(4)
Solicitation of Bids
(a) Construction Manager shall prepare invitations for bids, or requests for proposal when applicable, for all
procurements of long lead items, materials and services, and for Subcontractor contracts. Such invitations
for bids shall be prepared in accordance with the following guidelines. Award of bid shall be given to the
lowest, qualified, responsive vendor:
I. Contracts not exceeding $15,000 may be entered into by the Construction Manager with the firm, which
submits the lowest verbal quotation. The Construction Manager shall obtain a minimum of two (2)
verbal quotations. These quotations shall be entered on a bid tabulation sheet and a copy of such
tabulation sent to the Owner, Design Professional and to each firm. The successful quotation shall be
confirmed by written contract or purchase order to the low bid firm defming the scope and quality of
work to be provided.
2. Contracts exceeding $15,000 but not exceeding $50,000 may be entered into by the Construction
Manager with the f1110 who is qualified and submits the lowest proposal. The Construction Manager
shall request at least three (3) frrms to submit sealed written proposals based on approved plans and
specifications. The written proposals shall all be opened publicly at the location, date and time named
by the Construction Manager in his request for proposal. A tabulation of the results shall be furnished
to the Owner, Design Professional and to each fIrm.
3. Contracts exceeding $50,000 but not exceeding $200,000 may be entered into by the Construction
Manager with the f1110 who is qualified and submits the lowest proposal. Tbe Construction Manager
shall advertise these projects at least once with the last advertisement appearing at least seven (7)
calendar days prior to the established bid opening date. These proposals shall be based on approved
plans and specifIcations. Bids shall be received and opened publicly at the location, date and time
established in the bid advertisement.
4. Contracts exceeding $200,000 shall be treated the same as described under 3 above, except that the
advertisement shall be run for at least three (3) consecutive weeks prior to the established bid opening
and at least 5 days prior to any scheduled pre-bid conference.
5. Site utilities may be acquired at market rates from the entity(ies) providing such in the franchise area.
(b) As part of such preparation, the Construction Manager shall review the specifIcations and drawings prepared
by the Design Professional. Ambiguities, conflicts or lack of clarity of language, use of illegally restrictive
requirements, and any other defects in the specifications or in the drawings noted by the Construction
Manager shall be brought to the attention of Owner's Representative and Design Professional in written
form.
(c) For each separate construction subcontract, the Construction Manager shall, unless waived by Owner,
12
Attachment B Page 12 of 44
Agenda Item No.1 OJ
November 14, 2006
conduct a pre-bid conference with prospective bidders, the Design Professional and Owner'sFffe~fe~~Pat~b.
In the event questions are raised which require an interpretation of the bidding documents or otherwise
indicate a need for clarification or correction of the invitation, the Construction Manager shan transmit these
to the Design Professional and upon receiving clarification or correction in writing shall prepare an
addendum to the bidding document, and issue same to all of the prospective bidders.
(d) The Construction Manager shall publicly advertise in accordance with Collier County, Florida Government
Purchasing Ordinances all subcontract work and shall receive all bids at the pre-noticed time and place. The
Construction Manager shall open and review all sealed bids and enter into subcontracts with those lowest
responsive bidders, previously determined to be qualified by the Construction Manager and Owner's
Representative.
(e) The Construction Manager shall establish a qualification procedure for applicable subcontract trades.
(f) Prior to awarding any subcontract for an amount over $25,000, the Construction Manager shall conduct a
pre-award conference with the lowest responsive bidder at the receipt of subcontractor bids. The Design
Professional and the Owner's Representative shall be invited to all such meetings. At the pre-award
meeting, the Construction Manager and prospective subcontractor shall review all aspects of the scope of the
work to assess the capability of the subcontractor to fulfill the needs of the Project including the
subcontractor qualification information required pursuant to Article 5.3.2. Subjects covered may include
schedule, manufacturer's used in bidding the work, manpower, supervisory personnel, value engineering
suggestions, etc. Within forty-eight (48) hours of the pre-award conference, the Construction Manager shall
decide whether to accept or reject the lowest responsive bidder and to enter into the same process with the
next lowest bidder.
(5) Bonds - In accordance with the provisions of Section 255.05, Florida Statutes, the Construction Manager shall
within ten (10) to fifteen (15) business days of Construction Manager and Owner agreeing to the GMP, provide
to the Owner, on forms furnished by the Owner, a 100% Performance Bond and a 100% Labor and Material
Payment Bond each in an amount not less than the total construction cost as defined in Article 9 and inclusive of
the Construction Manager's fees.
To be acceptable to Owner as Surety for Performance Bonds and Labor and Material Payment Bonds, a Surety
Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of Authority, issued by the State of Florida,
Department of Insurance, authorizing it to write surety bonds in the State of Florida.
2. The Surety Company shall have currently valid Certificate of Authority issued by the United States
Department of Treasury under Sections 9304 to 9308 of Title 31 of the United States Code.
3. The Surety Company shall be in full compliance with the provisions of the Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum surplus and capital required by the Florida
Insurance Code at the time the invitation to bid is issued.
5. If the Contract Award Amount exceeds $500,000, the Surety Company shall also comply with the following
provisions:
A. The Surety Company shall fall within the maximum allowable bonding limits as found in the most
current edition of the United States Department of the Treasury, Listing of Approved Sureties.
CONTRACT AMOUNT
$ 500,000 TO 1,000,000
1,000,000 TO 2,500,000
2,500,000 TO 5,000,000
5,000,000 TO 10,000,000
10,000,000 TO 25,000,000
25,000,000 TO 50,000,000
50,000,000 TO 75,000,000
POLICY
HOLDER'S
RATING
A
A
A
A
A
A
A
REQUIRED
FINANCIAL
RA TING
CLASS IV
CLASS V
CLASS VI
CLASS VII
CLASS VIII
CLASS IX
CLASS X
13
Attachment B Page 13 of 44
Agenda Item No. 10J
November 14, 2006
B. The Surety Company shall not expose itself to any loss on anyone risk in an amount exg~OOttfeRUtT)
percent of its surplus to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of
the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring
carrier providing authorization or approval by the State of Florida, Department of Insurance to do
business in this state have been met.
(b) In the case of the surety insurance company, in addition to the deduction for reinsurance, the
amount assumed by any co-surety, the value of any security deposited, pledged or held subject to
the consent of the surety and for the protection of the surety shall be deducted.
C. If the surety company for any bond furnished by Construction Manager 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, Construction Manager shall, within ten (10)
business days thereafter, substitute another bond and surety company, both of which shall be subject to
Owner's prior approval. At the completion of the contract, Construction Manager shall provide a
Consent of Surety to the Owner's Representative with final application for payment.
(6) Ouality Control - The Construction Manager shall develop and maintain a program, acceptable to the Owner and
Design Professional, to assure quality control of the construction. He shall supervise the work of all
subcontractors providing instructions to each when their work does not conform to the requirements of the plans
and specifications and he shall continue to exert his influence and control over each subcontractor to ensure that
corrections are made in a timely manner so as to not affect the efficient progress of the work. Should
disagreement occur between the Construction Manager and Design Professional over acceptability of work and
conformance with the requirements of the specifications and plans, the Owner shall be the final judge of
performance and acceptability.
(7) Subcontractor Interfacing - The Construction Manager shall be the single point of interface with all
subcontractors for the Owner and all of its agents and representatives including the Design Professional. He shall
negotiate all change orders, field orders and request for proposals, with all affected subcontractors and shall
review the costs of those proposals and advise the Owner and Design Professional of their validity and
reasonableness, acting in the Owner's best interest prior to requesting approval of each change order from the
Owner. Before any work is begun on any change order, a written authorization from the Owner must be issued.
However, when health and safety are threatened, the Construction Manager shall act immediately to remove the
threat to health and safety. He shall also carefully review all shop drawings and then forward the same to the
Design Professional for review and actions. The Design Professional will transmit them back to the Construction
Manager who will then issue the shop drawings to the affected subcontractor for fabrication or revision. The
Construction Manager shall maintain a suspense control system to promote expeditious handling. He shall
request the Design Professional to make interpretations of the drawings or specifications requested of him by the
subcontractors and shall maintain a suspense control system to promote timely response. He shall advise
Owner's Representative and Design Professional when timely response is not occurring on any of the above.
(8) Pennits - The Construction Manager with assistance of Design Professional shall secure all necessary building
and site permits and all necessary utility connection permits. Charges and fees in connection with securing such
permits and utility connections shall be paid directly by the Owner. If Construction Manager performs any work
without first obtaining, or contrary to, such pennits, Construction Manager shall bear all costs arising therefrom.
(9) Job Site Requirements
(a) The Construction Manager shall provide for each of the following activities as a part ofthe Construction
Phase fee:
1. Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc.
2. Maintain a roster of companies on the project with names and telephone numbers of key personnel.
3. Establish and enforce job rules governing parking, clean-up, use of facilities and worker discipline.
4. Provide labor relations management for a harmonious, productive project.
5. Provide a safety program for the project to meet OSHA requirements. Monitor for subcontractor
compliance without relieving them of responsibilities to perform work in accordance with the best
acceptable practice.
14
Attachment B Page 14 of 44
~
Agenda Item NO.1 OJ
November 14, 2006
6. Provide a quality control program as developed under Article 2.4(6) hereinabove. Page 44 of 97
7. Miscellaneous office supplies that support the construction efforts, which are consumed by his own
forces.
(b) The Construction Manager shall provide personnel and equipment or shall arrange for separate subcontracts
to provide each of the following as a direct cost item:
1. Schedule the services of independent testing laboratories and provide the necessary testing of materials
to ensure conformance to contract requirements.
2. The printing and distribution of all required bidding documents and shop drawings, including the sets
required by any Permitting Authority.
(10) Job Site Administration - The Construction Manager shall provide as part of his construction phase fee, job site
administrative functions during construction to assure proper documentation, including but not limited to such
things as the following:
(a) Job Meetings - Hold weekly progress and coordination meetings to provide for an easy flowing project.
Implement procedures and assure timely submittals, expedite processing approvals and return of shop
drawings, samples, etc. Coordinate and expedite critical ordering including direct tax saving purchases and
delivery of materials, work sequences, inspection and testing, labor allocation, etc. Review and coordinate
each subcontractor's work. Review, and implement revisions to the Schedule. Monitor and promote safety
requirements. In addition, regular project status meetings will be held between the Design Professional,
Owner and Construction Manager either biweekly or monthly, whichever is designated by the Owner's
Representative.
Use the job site meeting as a tool for preplanning of work and enforcing schedules and for establishing
procedures, responsibilities, and identification of authority for all to clearly understand.
Identify party or parties responsible for follow-up on any problems, delay items or questions and record
course for solution. Revisit each pending item at each subsequent meeting until resolution is achieved.
Require all present to make any problems or delaying event known to those present for appropriate attention
and resolution.
(b) Shop Drawing Submittals/Approvals - Provide staff to check shop drawings and to implement procedures for
submittal and transmittal to the Design Professional of such drawings for action, and closely monitor their
submittal and approval process.
(c) Material and Equipment Expediting - Provide staff to closely monitor material and equipment deliveries,
critically important checking and follow-up procedures on supplier commitments of all subcontractors.
Cd) Payments to subcontractors - Develop and implement a procedure for review, processing, and payment of
applications by Subcontractors for progress and final payments.
(e) Document Interpretation - Refer all questions for interpretation of the documents prepared by the Design
Professional to the Design ProfessionaL
(f) Reports and Proiect Site Documents - Record the progress of the project. Submit written progress reports to
the Owner and the Design Professional including information on the subcontractor's work, and the
percentage of completion. Keep a daily log available to Owner's Representative and Design ProfessionaL
(g) Subcontractor's Progress - Prepare periodic punch lists for subcontractor's work including unsatisfactory or
incomplete items and schedules for their completion.
(b) Substantial Completion - Ascertain when the work or designated portions thereof are ready for the Design
Professional's substantial completion inspection. From the Design Professional's list of incomplete or
unsatisfactory items, prepare a schedule for their completion indicating completion dates for the Owner's
review. If the Construction Manager wishes the Design Professional to conduct a pre-substantial completion
inspection in conjunction with his own forces, the Design Professional will prepare the pre-substantial punch
list from which the Construction Manager will develop a completion schedule. The Design Professional will
issue a certificate of substantial completion when the work on his pre-substantial punch list has been
accomplished (See Exhibit C).
15
Attachment B Page 15 of 44
..
Agenda Item No. 10J
November 14, 2006
(i) Final Completion - Monitor the Subcontractor's performance on the completion of the pro.fe~i11>ffi~de
notice to the Owner and Design Professional that the work is ready for final inspection. Secure and transmit
to the Owner, through the Design Professional, all required guarantees, affidavits, releases, bonds and
waivers, manuals, record drawings, and maintenance books including the Final Completion form shown in
Exhibit D. .
G) Start-Up - With the Owner's personnel, direct the checkout of utilities, operations, systems and equipment for
readiness and assist in their initial start-up and testing by the trade Construction Manager.
(1<) Record Drawings - During the progress of the work, the Construction Manager shall require the plumbing,
air conditioning, heating, ventilating, elevator, and electrical subcontractors to record on their field sets of
drawings the exact locations, as installed, of all conduit, pipe and duct lines whether concealed or exposed
which were not installed exactly as shown on the contract drawings. The Construction Manager shall also
record all drawing revisions that have been authorized by change order that effect wall or partition locations,
door and window locations and other template changes. The exact routing of conduit runs shall be shown on
these drawings.
Each drawing shall be noted "As Built" and shall bear the date and name of the subcontractors that
perfonned the work. Where the work was installed exactly as shown on the contract drawings the sheets
shall not be disturbed except as noted above.
The Construction Manager shall review the completed As-Built drawings and ascertain that all data furnished
on the drawings are accurate and truly represent the work as actually installed. When manholes, boxes,
underground conduits, plumbing, hot or chilled water lines, inverts, etc. are involved as part of the work, the
Construction Manager shall furnish true elevations and locations, all properly referenced by using the
original bench mark used for the institution or for this project
(11) Administrative Records - The Construction Manager will maintain at the job site, Wlless agreed to otherwise by
Owner's Representative, on a current basis, files and records such as, but not limited to the following:
- Contracts or Purchase Orders
- Shop Drawing Submittal! Approval Logs
- Equipment PurchaselDelivery Logs-
_ Contract Drawings and Specifications with Addenda
- Warranties and Guarantees
- Cost Accounting Records:
Sales Tax Recovery Status Report
Labor Costs
Material Costs
_ Subcontractor Payment Exception Report
- Equipment Costs
- Cost Proposal Requests
. Payment Request Records
- Meeting Minutes
- Cost-Estimates
- Bulletin Quotations
- Lab Test Reports
- Insurance Certificates and Bonds
- Contract Changes
- Purchase Orders
- Material Purchase Delivery Logs
- Technical Standards
- Design Handbooks
- As-Built" Marked Prints
- Operating & Maintenance Instruction
- Daily Progress Reports
- Monthly Progress Reports
- Correspondence Files
- Transmittal Records
- Inspection Reports
- Bid/Award Information
- Bid Analysis and Negotiations
- PWlch Lists
- PMIS Schedule and Updates
- Suspense (Tickler) Files of Outstanding Requirements
16
Attachment 8 Page 16 of 44
I
- Project Manual
Agenda Item No.1 OJ
November 14, 2006
Page 46 of 97
The project records shall be available at all times to the Owner and Design Professional for reference or review.
(12) Owner Occupancy - The Construction Manager shall provide services during the design and construction phases,
which will provide a smooth and successful Owner occupancy of the Project. Construction Manager shall
provide consultation and project management to facilitate Owner occupancy and provide transitional services to
get the work, as completed by the Construction Manager, "on line" in such conditions as will satisfy Owner
operational requirements.
Construction Manager shall conduct the Construction Manager's preliminary punch list inspection and coordinate
the completion of all punch list work to be done with Owner occupancy requirements in mind.
Construction Manager shall catalog operational and maintenance requirements of equipment to be operated by
maintenance personnel and convey these to the Owner in such a manner as to promote their usability.
Construction Manager shall provide operational training, in equipment use, for building operators.
Construction Manager shall secure required guarantees and warranties, assemble and deliver same to the Owner
in a manner that will facilitate their maximum enforcement and assure their meaningful implementation.
Construction Manager shall continuously review "As-Built" Drawings and mark up progress prints to provide as
much accuracy as possible.
The Owner will not occupy or take control of the Project until the above items discussed in this paragraph have
been completed and the "Substantial Completion", "Start-Up", "Record Drawing", and "Warranty" requirements
specified in paragraphs 2.4(lO)h, 2.4(lO)j, 2.4(10)k, and 2.4(13) have been completed to the Owner's satisfaction
excluding the requirements for a warranty inspection nine months after Owner Occupancy.
(13) Warranty - Where any work is performed by the Cons1ruction Manager's own forces or by subcontractors under
contract with the Construction Manager, the Construction Manager shall warrant that all materials and equipment
included in such Work will be new except where indicated otherwise in Contract Documents, and that such Work
will be of good quality, free from improper workmanship and defective materials and in conformance with the
Drawings and specifications. With respect to the same Work, the Construction Manager further agrees to correct
all work found by the Owner to be defective in material and workmanship or not in conformance with the
Drawings and Specifications for a period of one year from the Date of Substantial Completion or for such longer
periods of time as may be set forth with respect to specific warranties contained in the trade sections of the
Specifications. The Construction Manager shall collect and deliver to the Owner any specific written warranties
given by others as required by the Contract Documents. Also, the Construction Manager shall conduct, jointly
with the Owner and the Design Professional, a warranty inspection nine (9) months after the date of Owner
Occupancy.
(14) Owner's MateriallEquipment Direct Purchase Program. Notwithstanding any provision in this Agreement to the
contrary, Owner may elect, at its sole and absolute discretion, to purchase materials/equipment directly from
vendors for use in connection with this Project in accordance with the following terms and conditions.
Construction Manager's contracts with trade subcontractors should reflect Owner's option to purchase.
(a) Construction Manager, shall be responsible for negotiating, ordering, coordinating production schedules with
vendor(s), inspecting, accepting delivery, storing, handling, installing, and quality control for the
materials/equipment purchased hereunder. Without limiting the generality of the foregoing, the purchase of
material/equipment by Owner shall not amend, alter or modify the obligations of Construction Manager
under this Agreement with respect to ordering, scheduling, inspecting, accepting deliveries, storing,
handling, installing and quality control of the direct purchase materials/equipment.
(b) Within lQ days of Construction Manager and Owner agreeing on the GMP, Construction Manager shall
provide Owner's Representative with a written list of vendors, materials/equipment, quantities and costs for
items which Construction Manager proposes Owner purchase directly pursuant to the terms hereof.
Construction Manager shall select qualified vendors and obtain competitive prices for all such direct
purchase materials/equipment.
(c) Owner's Representative will review the list provided by Construction Manager and inform Construct,ion
Manager of the acceptability of individual items and of Owner's intention to proceed or not proceed with
direct purchases. If Owner intends to proceed with direct purchases, Construction Manager will provide a
17
Attachment B Page 17 of 44
of
Agenda Item No.1 OJ
November 14, 2006
revised list (if necessary) to the Owner's Representative's satisfaction and shall ~&146~JFs
Representative in preparing and issuing purchase orders for the direct purchase items.
(d) Purchase orders for direct purchase items shall be prepared by Owner and issued directly to the vendor(s).
Any money remaining in a purchase order at completion of the Project is the property of the Owner.
(e) Concurrently with issuance of each purchase order for materiaVequipment, Owner shall issue a corresponding
deductive Change Order(s) reducing the GMP by an amount equal to the cost of the materiaVequipment,
including sales tax, included in the original GMP.
(f) Construction Manager will coordinate submittals, fabrication and delivery of all direct purchase items.
Construction Manager will inspect, receive and store all direct purchase items at the project site.
(g) Owner's Representative will have each vendor forward to Construction Manager a duplicate invoice for
direct purchases. Upon receipt of such invoice, Construction Manager shall promptly review and approve or
reject (with reason in writing for such rejection) each invoice and incorporate the invoices into the next
payment request to Owner's Representative for payment processing.
(h) Title to any materials/equipment purchased pursuant to the terms hereof shall vest in the Owner upon receipt
from a vendor. Owner shall bear risk of loss for any materials purchased pursuant to the terms hereof
commencing upon delivery of the materials to the Owner by the vendor and terminating when the
materials/equipment are incorporated into the Project. Upon incorporation into the Project of such materials,
Construction Manager shall bear sole cost and responsibility for remedy of defective materials or damage
during the course of construction.
(i) The Owner shall obtain such insurance as the Owner deems necessary, at the Owner's sole cost and expense,
to insure the Owner for the full replacement cost of any materials purchased by the Owner pursuant to the
terms hereof until such materials are incorporated in the Project.
(j) Construction Manager shall indemnify and hold Owner harmless from and against any claims, suits,
damages, or losses of any nature arising from or related to the selection of vendors, and materials/equipment,
price changes, the coordination of delivery dates, and the suitability and quantities of any materials for use in
connection with the Project which are purchased pursuant to the terms hereof.
(k) Upon incorporation into the Project by Construction Manager, all direct purchase materials / equipment
purchased by Owner pursuant to this Article shall be subject to and covered by the bonds and warranties
provided by Construction Manager to Owner under this Agreement and all warranties provided under
purchase orders.
(1) Nothing contained within this Article shall create or be construed as creating a partnership between the
Owner and Construction Manager or to constitute the Construction Manager as an agent of the Owner.
ARTICLE 3
OWNER'S RESPONSIBILITIES
3.1 Owner's Information - The Owner shall provide full information regarding his requirements for the Project.
3.2 Owner's Representative - The Owner shall designate a representative who shall be fully acquainted with the Project and
shall defme the lines of Owner authority to approve Project Construction Budgets, and changes in Project. He shall
render decisions promptly and furnish information expeditiously.
3.3 Design. Professional's Agreement - The Owner shall retain a Design Professional for design and construction docwnent
preparation for the Project. The Design Professional's services, duties and responsibilities are described in the
Agreement between the Owner and the Design Professional, a copy of which will be furnished to the Construction
Manager. The Agreement between the Owner and the Design Professional shall not be modified without written
notification to the Construction Manager.
3.4 Site Survey and Reports - The Owner shall provide for the furnishing for the site of the project all surveys describing the
physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal
description.
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Agenda Item No.1 OJ
November 14, 2006
Page 48 of 97
Approvals and Easements - The Owner shall pay for necessary approvals, easements, assessments and charges required
for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.
3.5
3.6 Legal Services - The Owner shall furnish such legal services as may be necessary for providing the items set forth in
Article 3.5 and such auditing services as he may require.
3.7 Drawings and Specifications - The Construction Manager will be furnished a reproducible set of all copies of Drawings
and Specifications reasonably necessary and ready for printing.
3.8 Cost of Surveys & Reports - The services, information, surveys and reports required by the above paragraphs shall be
furnished with reasonable promptness in accordance with the approved schedule at the Owner's expense, and the
Construction Manager shall be entitled to rely upon the accuracy and completeness thereof.
3.9 Proiect Fault Defects - If the Owner becomes aware of any fault or defect in the Project or non-conformance with the
drawings and specifications, he shall give prompt written notice thereof to the Construction Manager and Design
Professional.
3.10 Funding - The Owner shall furnish in accordance with the established schedule, reasonable evidence satisfactory to the
Construction Manager that sufficient funds will be available and committed for the cost of each part of the Project. The
Construction Manager shall not commence any work, unless authorized in writing by the Owner.
3.11 Lines of Communication. The Owner and Design Professional shall communicate with the subcontractors or suppliers
only through the Construction Manager while such method of conununication is effective in maintaining project
schedules and quality.
3.12 Lines of Authority - The Owner shall establish and maintain lines of authority for his personnel and shall provide this
defmition to the Construction Manager and all other affected parties.
3.13 Permitting & Code Inspections - The Owner will cooperate fully with Construction Manager in secw-ing all necessary
permits described in Article 2.4(8).
ARTICLE 4
PERMITTING AND INSPECTION
Before Construction can begin, it is necessary by statute for the Construction Manager to obtain a Building Permit. In addition,
construction will be inspected for code compliance, compliance with drawings and specifications, and quality by inspectors
working for the Permitting Authority.
4. I Building Permits - The Construction Manager or duly authorized subcontractor, shall provide the required number of
sets of documents, signed, sealed and dated by the Design Professional, with all addenda enclosed with each set to the
Permitting Authority and obtain approval from the Permitting Authority prior to beginning construction.
4.2 Code Inspections - All projects require detailed code compliance inspections during construction in disciplines
determined by the Permitting Authority. These disciplines normally include, but are not necessarily limited to,
structural, mechanical, electrical, plumbing and general building.
The Construction Manager shall notify the appropriate inspector(s), as required by the Permitting Authority, that the
work is ready for inspection and before the work is covered up. Work not inspected and approved prior to cover-up
shall be uncovered for inspection when directed by the Permitting Authority. All costs for uncovering and
reconstruction shall be borne by the Construction Manager.
All inspections shall be made for conformance with the applicable building codes, compliance with drawings and
specifications, and quality.
Cost for all re-inspections of work found defective and subsequently repaired shall be borne by the Construction
Manager.
ARTICLE 5
SUBCONTRACTS
5.1 Defmition. . A subcontractor is a person or organization who has a direct contract with the Construction Manager to
perform any of the work at the site. Nothing contained in the Contract Documents shall create any contractual
relationship between the Owner or Design Professional and any subcontractor.
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Agenda Item No. 10J
November 14, 2006
Page 49 of 97
Proposals. - Subject to Article 9 and, in accordance with Article 2.4(4), the Construction Manager shall request and
receive proposals from subcontractors and suppliers and will award those contracts to the qualified low bidder after he
has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work.
5.3 Required Subcontractors' Qualifications and Subcontract Conditions.
5.2
5.3.1 Owner's Aooroval of Subcontractors. - Unless otherwise stated in the Contract Documents, the Construction Manager,
as soon as practical after the Notice to Proceed is issued for Construction Phase services, shall furnish in writing to
Owner's Representative for approval the names of the subcontractors for each portion of the Work. Owner's
Representative shall have 15 days from receipt of such subcontractors' names to disapprove a subcontractor.
Construction Manager shall not contract with any subcontractor to whom Owner has disapproved.
5.3.2 Sub-contractual Relations - By an appropriate written agreement, the Construction Manager shall require each
subcontractor to the extent of the work to be performed by the subcontractor, to be bound to the Construction Manager
by the terms of the Contract Documents, and to assume toward the Construction Manager all the obligations and
responsibilities which the Construction Manager by these Documents, assumes toward the Owner and the Design
Professional. Said agreements shall preserve and protect the rights of the Owner and Design Professional under the
Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof
will not prejudice such rights. Where appropriate, the Construction Manager shall require each Subcontractor to enter
into similar agreements with his sub-Subcontractor.
The Construction Manager shall make available to each proposed Subcontractor, prior to the execution of the
subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Article 5.3 and identify
to the Subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract
Documents. Each Subcontractor shall similarly make copies of such Documents available to his sub-Subcontractors.
5.3.3 Subcontract Requirements
(1) On all subcontracts where the bid exceeds $100,000, the Construction Manager shall require Subcontractors to
provide a 100% performance bond and a 100% labor and material payment bond from a surety company authorized to
do business in the State of Florida by the Department of Insurance. If the Construction Manager wishes to award
subcontracts to Subcontractors unable to supply this bonding, he may request special authorization to do so. Upon
providing justifiable background information, such authorization shall not be withheld unreasonably.
(2) On all subcontracts where the bid exceeds $200,000.00, each Subcontractor must submit a completed experience
questionnaire and financial statement on the form entitled "Experience Questionnaire and Construction Manager's
Financial Statement", incorporated herein by reference or equivalent form supplied by Construction Manager. The
Subcontractor's fmancial condition must demonstrate that adequate fixed and liquid assets and equipment are available
to properly perform the subcontract.
(3) Workforce - The Subcontractor must agree to perform no less than 15% of the project construction work utilizing its
own employees.
(4) Subcontractor experience - The Subcontractor must have successfully completed no less than two projects of similar
size and complexity within the last five years.
(5) Supervision - The Subcontractor must agree to provide field (on-site) supervision through a named superintendent
for each trade (general concrete forming and placement, masonry, mechanical, plumbing, electrical and roofing)
included in the subcontract. In addition, the Subcontractor shall assign and name a qualified employee for scheduling
direction for its work. The supervisory employees of the Subcontractor (including field superintendent, foreman and
schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level
on a similar project for at least two years within the last five years. The Subcontractor shall include a resume of
experience for each employee identified by him to supervise and schedule his work.
(6) All subcontracts shall provide:
a. LIMITATION OF REMEDY - NO DAMAGES FOR DELAY
That the Subcontractor's exclusive remedy for delays in the performance of the contract caused by events beyond
its control, including delays claimed to be caused by the Owner or Design Professional or attributable to the
Owner or Design Professional and including claims based on breach of contract or negligence, shall be an
extension of its contract time.
In the event of a change in the work the Subcontractor's claim for adjustments in the contract sum are limited
20
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Agenda Item NO.1 OJ
November 14, 2006
exclusively to its actual costs for such changes plus no more than 15% for overhead and profit and8MdEb~s~. 97
Each subcontract shall require the Subcontractor to expressly agree that the foregoing constitute the sole and
exclusive remedies for delays and changes in the work and thus eliminate any other remedies for claim for
increase in the contract price, damages, losses or additional compensation.
b. Each subcontract shall require that any claims by Subcontractor for delay or additional cost must be submitted
to Construction Manager within the time and in the manner in which the Construction Manager must submit such
claims to the Owner, and that failure to comply with the conditions for giving notice and submitting claims shall
result in the waiver of such claims.
5.4 Responsibilities for Acts and Omissions - The Construction Manager shall be responsible to the Owner for the acts and
omissions of his employees and agents and his subcontractors, their agents and employees, and all other persons
perfonning any of the work or supplying materials under a contract to the Construction Manager.
5.5 Subcontracts to be provided. The Construction Manager shall include a copy of each subcontract, including the general
supplementary conditions, in the proj ect manual.
ARTICLE 6
SCHEDULE, TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1 At the time a Guaranteed Maximwn Price (GMP) is established, as provided for in Article 7, a project substantial
completion date, a project final completion date and an Owner Occupancy date for completion of the Project in
accordance with the master project schedule, shall also be established by the Construction Team. The Construction
Manager agrees to complete the construction in accordance with the agreed upon substantial completion date, final
completion date and Owner Occupancy date. The Construction Manager acknowledges that failure to complete the
project within the construction time set forth in the approved schedule may result in substantial damages to the Owner,
for all of which damages the Construction Manager shall be liable.
6.2 Liquidated Damages. The Construction Manager acknowledges and agrees that time is of the essence to this Agreement
and that if completion and delivery of the Project to Owner is delayed, Owner will suffer damages which are difficult, if
not impossible, to accurately quantify. Accordingly, if Construction Manager fails to achieve Substantial Completion or
Final Completion, or both, as required by this Agreement, Construction Manager shall be liable to Owner for liquidated
damages for lll1excused delay as provided herein. Project completion delays, as identified in Sections 6.2.1 and 6.2.2,
will be addressed as separate delays, and liquidated damages will not run concurrently.
6.2.1 For Delav In Substantial Completion. Construction Manager shall pay Owner the sum of as shown in Table 6.2 for each
and every calendar day of unexcused delay in achieving Substancial Completion beyone the Substantial Completion
date for each phase of the work. Any sums due and payable hereunder by Construction Manager shall be payable, not as
a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by Owner,
estimated at the time of executing this Agreement. When Owner reasonably believes that Substantial Completion will
be unexcusably delayed, Owner shall be entitled, but not required, to withhold from any amounts otherwise due
Construction Manager an amount then believed by Owner to be adequate to recover liquidated damages applicable to
such delays. If and when Construction Manager overcomes the delay in achieving Substantial Completion, or any part
thereof, for which Owner has withheld payment, Owner shall promptly release to Construction Manager those funds
withheld, but no longer applicable, as liquidated damages.
6.2.2 For Delay In Final Completion. If Construction Manager fails to achieve Final Completion within thirty (30) days after
Substantial Completion, Construction Manager shall pay Owner the sum as shown in Table 6.2 for each and every
calendar day of unexcused delay in achieving Final Completion for each phase of the work. Any sums due and payable
hereunder by Construction Manager shall be payable, not as a penalty, but as liquidated damages representing an
estimate of delay damages likely to be sustained by Owner, estimated at the time of executing this Agreement. When
Owner reasonably believes that Final Completion will be unexcusably delayed, Owner shall be entitled, but not
required, to withhold from any amounts otherwise due Construction Manager an amount then believed by Owner to be
adequate to recover liquidated damages applicable to such delays. If and when Construction Manager overcomes the
delay in achieving Final Completion, for which Owner has withheld payment, Owner shall promptly release to
Construction Manager those funds withheld, but no longer applicable, as liquidated damages.
Phase
BCC Fleet Facility
Sheriff's Fleet Facility
CAT I TD Facility
Table 6.2
Substantial Completion
$2,334.79 per day
$1,263.52 per day
$1,024.29 per day
Final Completion
$346.99 per day
$339.38 per day
$222.19 per day
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Attachment B Page 21 of 44
Agenda Item No. 10J
November 14, 2006
/ Page 51 of 97
6.2.3 Date of Owner Occupancy. The date of Owner Occupancy shall occur as described in Article 2.4(12) hereinabove.
Warranties called for by this Agreement or by the Drawings and Specifications shall commence on the Date of Owner
Occupancy of the Project.
ARTICLE 7
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1 When the Design Development Documents are sufficiently complete to establish the scope of work for the Project or
any portion thereof, as generally defined by a design document listing to be provided by the Design Professional and
Construction Manager upon execution of this Agreement, which is to be used only as a guide in developing the
specifications and plan data necessary to establish a Guaranteed Maximum Price, or at such time thereafter designated
by the Owner, the Construction Manager will establish and submit in writing to the Owner for his approval a Guaranteed
Maximum Price, guaranteeing the maximum price to the Owner, for the construction cost of the project or designated
part thereof. Such Guaranteed Maximum Price will be subject to modification for changes in the project as provided in
Article 10. However, the actual price paid for the work by the Owner shall be the actual cost of all work subcontracts,
supply contracts, direct labor costs, direct supervision costs, and direct job costs as dermed under Article 9, plus the
Construction Manager's fees or the G.MJ>, whichever is less when the work is complete.
7.2 The G.MJ> will only include those taxes in the cost of the Project, which are legally enacted at the time the GMP is
established.
7.3 When the Project is bid and 100% of the Trade Contracts have been executed, the contingency within the GMP may be
decreased in proportion to the percent of the work: completed. In other words, if 10% of the work has been completed
and the Owner requests that the contingency within the GMP be adjusted, then 10% of the contingency within the GMP
will be removed from the GMP by change order.
7.4 At the time of submission of a Guaranteed Maximum Price, the Construction Manager will verify the time schedule for
activities and work which were adopted by the Construction Team and used to determine the Construction Manager's
cost of work. In addition to the cost of work, a GMP will include an agreed upon sum as the construction contingency
which is included for the purpose of defraying the expenses due to unforeseen circumstances relating to construction.
The Construction Manager will be required to furnish documentation evidencing expenditures charged to this
contingency prior to the release of funds by the Owner. Documentation for use of the Contingency shall be determined
by the Construction Team, included in the Project Manual and displayed monthly in the PMIS. The Design Professional
shall verify the actual costs. Ifbids are received below the applicable line items in the GMP, the surplus will be added
to the contingency. The G.MJ> shall be set forth in Amendment No. I, attached hereto as Exhibit E.
If bids are received above the applicable line item in the GMP the deficiency will be taken from the contingency,
however such events shall not be cause to increase the GMP.
If bids are not received for a portion of the work at or below the applicable line item amount in the GMP, the
Construction Manager reserves the right to perform that portion of the work as acmowledged by the Owner or negotiate
for its performance for the specified line item lump sum amount or less.
ARTICLE 8
CONSTRUCTION MANAGER'S FEE
8.1 In consideration of the performance ofthe contract, the Owner agrees to pay the Construction Manager as compensation
for his services, fees as set forth in Subparagraphs 8. 1.1, 8.1.2 and 8.1.3.
8.1.1 Pre-construction Phase Fee - For the performance of the services set forth under paragraphs 2.1.3(1), 2.1.4(a)(b)(c)(d),
2.3(1) and 2.3(2) and for profit and overhead related to these services, a total fee of forty thousand, seventy dollars
($40,070.00). The Pre-construction Phase Fee shall be paid per upon the completion of Pre -construction Phase Services
for each of the projects included in the Contact as follows: BCC Fleet Facility, sixteen thousand, two hundred, sixty two
dollars ($16,262.00); CA T/TD Facility, thirteen thousand, nine hundred four dollars ($13,904.00). Sheriff's Fleet
Facility, thirteen thousand, nine hundred four dollars ($13,904.00) The first monthly Application for Payment shall be
submitted no earlier than thirty days following the issuance of Notice-To-Proceed with the Pre-construction Phase(s)
Services.
The Construction Manager's personnel to be assigned during this phase and their duties and responsibilities to this
project and the duration of their assignments is shown on Exhibit F.
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Attachment B Page 22 of 44
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Aaenda Item NO.1 OJ
November 14, 2006
Page 52 of 97
Construction Phase Fee - Prior to commencement of the Construction Phase, the Owner will direct the Construction
Manager in writing to proceed into the Construction Phase. The Construction Manager's fee for work or services
performed during the Construction Phase is provided in Amendment 1 to this Contract. If construction is authorized
only for a part of the Project, the fee paid shall be proportionate to the amount of work authorized by the Owner.
8.1.2
(1) Adiustments in Fee - For changes in the project as provided in Article 10, the construction phase fee shall be
adjusted as follows:
(a) The Construction Manager shall be paid an additional fee subject to negotiation if the Construction
Manager is placed in charge of reconstruction of an insured or uninsured loss excluding any condition that
may have been caused from negligent acts by the Construction Manager.
(b) Should the duration of the construction stipulated herein for Fina] Completion extend beyond TBD
months after the Notice- To-Proceed, receipt of final drawings and specifications, or receipt of all
necessary permits, whichever is later, due to no fault of the Construction Manager, the Construction
Manager's Additional Construction Phase Fee will be TBD per working day, for each day or portion
thereof. The Construction Manager's staff during such time extensions shall be that shown in Exhibit G.
(c) The Construction Manager will not be due any additional Overhead and Profit on increases in the
Guaranteed Maximum Price (GMP) that do not exceed TBD. Should the GMP be increased by more than
TBD under the terms of Article 10 hereinafter due to no fault of the Construction Manager, the
Construction Manager's additional Overhead and Profit for the Construction Phase will be TBD of that
portion of the accumulative increases in the GMP that exceed the GMP by more than TBD.
Construction Manager's Exclusive Remedy: In the event the construction Substantial or Final Completion
date is extended, regardless of whether delay is caused by any act or neglect of the Owner or the Design
Professional, or is attributable to the Owner or the Design Professional, the Construction Manager's sole
and exclusive remedy is an extension of the construction completion date and payment of additional
Construction Phase fees and Overhead and Profit for Construction Phase as provided above.
(2) Costs and Expenses Included in Fee - The following are included in the Construction Manager's fee for services
during the Construction Phase:
(a) Salaries or other compensation of the Construction Manager's employees at his principal office and branch
offices.
The Construction Manager's personnel to be assigned during the construction phase, their duties and
responsibilities to this project and the duration of their assignments are shown on Exhibits F and G.
(b) General operating expenses related to this project of the Construction Manager's principal and branch
offices.
( c) The costs of all data processing staff.
(d) Salaries or other compensation of the Construction Manager's employees at the job site. The Construction
Manager's personnel to be assigned to the site during the Construction Phase under the job site
management and supervision fee, their duties and responsibilities and the duration of their assignment are
shown on Exhibit H.
(e) General operating expenses incurred in the management and supervision of the proj ect, except as
expressly included in Article 9.
(t) Those services set forth in Article 2.4(9)(a).
(g) Job office supplies - includes paper, pencils, paper clips, file folders, staples, etc., and janitorial supplies
(photocopy or blue print paper not included).
(h) Expenses associated with administering Owner's Material/Equipment Direct Purchase Program.
8.1.3 Overhead And Profit For Construction Phase - For overhead, profit and general expenses of any kind, except as may be
expressly included in Article 9, for services provided during and related to the construction phase, the fee shall be TBD
and shall be paid proportionally to the ratio of the cost of the work in place, and less retainage (see Article 12.1), as it
bears on the latest estimate of the total construction cost or to the GMP or to the Owner's Construction Budget,
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Attachment B Page 23 of 44
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Agenda Item No. 10J
November 14, 2006
whichever is less. The balance of the fee shall be paid when construction of the project is finallfaill1p1et~ ~d
occupancy of the project accepted by the Owner. If construction is authorized only for a part of the project, the fee paid
shall be proportionate to the amount of work authorized by the Owner. The Construction Manager's exclusive remedy
for any adjustments in the Overhead and Profit for construction phase fee is provided in Article 8.1.2(1).
ARTICLE 9
COST OF THE PROJECT
9.1 Definition - The term Cost of the Project shall mean costs necessarily incurred in the Project during the Construction
Phase for Construction services and paid by the Construction Manager which are not included in Article 8. These costs
include the items set forth below in this Article including materials and services of every kind and type necessary to
diligently, timely and fully perform and complete the Project in a good and workmanlike manner in accordance with all
of the terms and conditions of the Contract Documents.
The Owner agrees to pay the Construction Manager for the Cost of the Project as defmed in Article 9. Such payment
shall be in addition to the Construction Manager's fees stipulated in Article 8. Construction Manager's estimate of the
Cost oftbe Project is provided in Amendment No. 1 to this Agreement.
9.2 Direct Cost Items
(1) Wages paid for labor (as opposed to wages paid to management or supervisory personnel) in the direct employ of
the Construction Manager in the performance of work under this Agreement, times a multiple of 1.40 to cover
fringe benefits.
(2) Cost of all materials, supplies and equipment incorporated in the Project, including costs of transportation,
handling and storage thereof.
(3) Payments due to subcontractors from the Construction Manager or made by the Construction Manager to
subcontractors for their work performed pursuant to contract under this Agreement.
(4) Cost including transportation and maintenance of all materials, supplies, equipment, temporary facilities and
hand tools not owned by the workmen, which are employed or consumed in the performance of the work, cost on
such items used but not consumed which may be turned over to the Owner at the end of the project and cost less
salvage value on such items used but not consumed which remain the property of the Construction Manager. For
those items to be turned over to the Owner at the end of the project, Article 2.3(6) shall apply.
(5) Rental charges on all necessary machinery and equipment, exclusive ofhand tools used at the site of the Project,
whether rented from the Construction Manager or other, including installation, repairs and replacements,
dismantling, removal, costs of lubrication, transportation and delivery costs thereof, which are used in the support
of a sub-contractor or the Construction Manager's own forces in the performance of the work, at rental charges
consistent with those prevailing in the area.
(6) Cost of the premiums for all insurance and cost of premiums for all bonds which the Construction Manager is
required to procure by this Agreement specifically for the construction project. This includes any Subcontractor
bonds the Construction Manager deems appropriate.
(7) Sales, use, gross receipts or similar taxes related to allowable direct costs of the Project imposed by any
governmental authority, and for which the Construction Manager is liable.
(8) The cost of corrective work subject, however, to the GMP and except for any corrective work made necessary
because of defective workmanship or other causes contributed to by the Construction Manager or his
subcontractors or suppliers.
No costs shall be paid by the Owner to the Construction Manager for any expenses made necessary to correct
defective workmanship or to correct any work not in conformance with the Plans and Specifications or to correct
any deficiency or damage caused by negligent acts by the Construction Manager.
(9) Minor expenses at the site, such as telegrams, long distance telephone calls, telephone service, expressage,
postage, and similar petty cash items in connection with the Project to be billed at cost.
(10) Costs for trash and debris control and removal from the site.
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Attachment B Page 24 of 44
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Agenda Item NO.1 OJ
November 14, 2006
Page 54 of 97
(] I) Cost incurred due to an emergency affecting the safety of persons and property.
(12)
Legal costs reasonably and properly resulting from prosecution of the Project for the Owner, including handling
claims for changes by Subcontractors and Vendors, subject to the following limitations:
(a) The Owner approved incurring such costs in advance, which approval shall not be unreasonably denied; and
(b) The legal costs were not incurred as result of the Construction Manager's own negligence or default.
This paragraph does not provide for payment of legal costs incurred in preparing or asserting claim or requests,
by Construction Manager itself, for change orders or in enforcing the obligations of this contract.
(13) All costs directly incurred in the performance of the Project for the benefit of the Project and not included in the
Construction Manager's fees as set forth in Article 8.
(] 4) If requested by the Owner, the Construction Manager will perform all or a portion of any item in Article 9 for the
cost of the work.
(15) If approved by the Owner, the Construction Manager, when qualified, may perform all or a portion of the work
for any item listed on the estimate or GMP breakdown where it is deemed advantageous due to schedule or
economic benefit for the direct cost of the work.
(16) Transportation greater than 100 miles from the site for those personnel employed directly for the project. Such
transportation must be approved in advance by the Owner, and may be in accordance with the Construction
Manager's standard personnel policy but not exceeding the limits established by Florida Statutes 112.061.
(17) Costs of all reproductions used for bidding or information purposes required by the Project to directly benefit the
Project.
(18) Costs for watchman and security services for the Project.
(19) Costs for efficient logistical control of the site, including horizontal and vertical transportation of materials and
personnel. Also, costs for adequate storage and parking space.
(20) Costs for such temporary facilities during construction, as approved by the Owner, including temporary water,
heat, power, sanitary facilities, telephones, radios and computers with software.
(2]) Costs for any job site items not referenced herein, not normally provided by the Subcontractors, which will be
provided by the Construction Manager as required to complete the work.
(22) Cost of utilizing a computer aided design and drafting application (CADD) for record drawings as described in
Article 2.4(lO)(k). Upon completion of the work, the Construction Manager shall obtain two (2) sets of disk files
from the Design Professional and record to scale all as-built conditions. The disk shall be submitted to the Design
Professional when completed, together with two sets of blue line or black line prints for certification and
forwarding to the Client Agency at the time offmal completion.
(23) Cost for gas and oil expense for all personnel receiving vehicle allowance or personal vehicles utilized in the
prosecution of the Work.
ARTICLE 10
CHANGE IN THE PROJECT
10.1
Change Orders - The Owner, without invalidating this Agreement, may order Changes in the Project within the general
scope of this Agreement consisting of additions, deletions or other revisions, the GMP, and the Construction
Completion Date, being adjusted accordingly. All changes in the Project not covered by an authorized contingency
shall be authorized by a Change Order.
10 .1.1
A Change Order is a written order to the Construction Manager issued after the execution of this Agreement, authorizing
a Change in the Project, the Construction Manager's fee, or the Construction Completion date. Each adjustment in the
GMP resulting from a Change Order shall clearly separate the amount attributable to the Cost of the Project.
25
Attachment B Page 25 of 44
.
10.1 :2
10.1.3
10.1.4
10.1.5
10.2
Agenda Item No. 10J
November 14, 2006
The increase or decrease in the Guaranteed Maximum Price resulting from a change in the Project shalfg~~e~~r&k1a
in one or more of the following ways:
(I) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit
evaluation by the Design Professional and Owner;
(2) by unit prices stated in the Agreement or subsequently agreed upon;
(3) by cost as defined in Article 9 and a mutually acceptable fixed or percentage fee; or
(4) by the method provided in Subparagraph 10.1.3.
If none of the methods set forth in Clause 10.1.2 is agreed upon, the Construction Manager, provided he receives a
written order signed by the Owner, shall promptly proceed with the Work involved. The cost of such Work shall then
be determined on the basis of the reasonable expenditures and savings of those performing the Work attributed to the
change. However, in the event a Change Order is issued under these conditions, the Design Professional will establish
an estimated cost of the work and the Construction Manager shall not perform any work whose cost exceeds that
estimate without prior written approval by the Owner. In such case, and also under Article 10.1.2 above, the
Construction Manager shall keep and present, in such form as the Owner may prescribe, an itemized accounting together
with appropriate supporting data of the increase in the Cost of the Project as outlined in Article 9. The amount of
decrease in the Guaranteed Maximum Price to be allowed by the Construction Manager to the Owner for any deletion or
change which results in a net decrease in cost will be the amount of the actual net decrease.
lfunit prices are stated in the Agreement or subsequently agreed upon, and if the quantities originally contemplated are
so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed
will cause substantial inequity to the Owner or the Construction Manager, the applicable unit prices and Guaranteed
Maximum Price shall be equitably adjusted.
Should concealed conditions encountered in the performance of the Work below the surface of the ground or should
concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the Drawings,
Specifications, or Owner furnished information or should unknown physical conditions below the surface of the ground
or should concealed or unknown conditions in an existing structure of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, be
encountered, the Guaranteed Maximum Price and the Construction Completion date shall be equitably adjusted by
Change Order upon a request for Change Order in accordance with Article 10.2.
Claims For Additional Cost Or Time
All claims for additional cost or time shall be made by request for a change order submitted as provided in Article 16.
If the Construction Manager is delayed at any time in the progress ofthe work by any act or neglect of the Owner or the
Design Professional or of any employee of either or by any separate Construction Manager employed by the Owner or
by any changes ordered in the work by labor disputes, fire, or unusual delay in transportation, unavoidable casualties or
any causes beyond the Construction Manager's control or by delay authorized by the owner pending resolution of
disputes, and such delay extends the completion date, the Substantial Completion shall be extended by Change Order for
such reasonable time as the Construction Team may determine.
Only delays which are determined to extend the critical path for the schedule for constructing the project will result in a
time extension. Neither the Owner nor the Construction Manager shall be considered to own the schedule float time.
10.3 Minor Changes In The Proiect
The Design Professional will have authority to order minor changes in the Project not involving an adjustment in the
Guaranteed Maximum Price or an extension of the Construction Completion Date and not inconsistent with the intent of
the Drawings and Specifications. Such changes shall be effected by written order. Documentation of changes shall be
determined by the Construction Team, included in the Project Manual and displayed monthly in the PMIS. Changes
shall be approved by Owner's Representative and Design Professional.
10.4 Emergencies
In any emergency affecting the safety of persons or property, the Construction Manager shall act at his discretion, to
prevent threatened damage, injury or loss. Any increase in the Guaranteed Maximum Price or extension of time claimed
by the Construction Manager on account of emergency work shall be determined as provided in Article 10.
26
Attachment B Page 26 of 44
t
ARTICLE 11
DISCOUNTS AND PENALTIES
Agenda Item NO.1 OJ
November 14, 2006
Page 56 of 97
11.1 All discounts for prompt payment shall accrue to the Owner to the extent the Cost of the project is paid directly by the
Owner. To the extent the Cost of the Project is paid with funds of the Construction Manager, all cash discounts shall
accrue to the Construction Manager. All trade discounts, rebates and refunds, and all returns from sale of surplus
materials and equipment, shall be credited to the Cost of the Project. All penalties incurred due to fault of the
Construction Manager for late payment of cost of the project will be paid by the Construction Manager.
ARTICLE 12
PAYMENTS TO THE CONSTRUCTION MANAGER
12.1 Monthly Applications for Payment - The Construction Manager shall submit to the Owner an Application for Payment,
accompanied by a Release of Affidavit (Exhibit J) statement, sworn to if required, along with the cost reports required
under Article 2.1.5, showing in detail all monies paid out, cost accumulated or costs incurred on account of the Cost of
the Project during the previous period and the amount of the Construction Manager's fees due as provided in Article 8.
In addition, with each Application for Payment Construction Manager shall provide supporting docwnentation for any
cost incurred per Article 9 which could include but not be limited to schedules of values from subcontractors, invoices
for items purchased, and time records for wages being paid to Construction Manager's staff. Ten percent (10%)
retainage shall be held on all payments until after the contract is fifty percent (50%) complete and payment has been
issued, except when approved by the Owner's Representative certain suppliers and Subcontractors may be paid the
entire amount due when such payment is generally the practice of the industry. If in the opinion of Owner's
Representative Construction Manager's services have satisfied contract requirements, Owner's Representative may,
after 50% completion of the Project and payment has been issued, approve a reduction of the retainage from 10% to 5%.
Retainage shall not be withheld on services or fees set forth in Article 8. The Construction Manager's Design Phase
Fee, Construction Phase Fee and Overhead & Profit shall be shown as separate line items on the Schedule of Contract
Values. Payment of the Construction Manager's Overhead and Profit shall be calculated based on the Construction
Budget Balance or the GMP Balance whichever is applicable. The Construction Budget Balance or GMP Balance is
established by subtracting the Design Phase Fee, Construction Phase Fee and Overhead & Profit from the latest estimate
of the total construction cost or to the GMP or to the Owner's Construction Budget, whichever is less. The billable
Overhead and Profit is calculated by multiplying the percent complete of the Construction Budget Balance or the GMP
Balance as applicable. This data shall be attached to the Partial Pay Request form shown in Exhibit J. Payments by the i
Owner to the Construction Manager shall be made as described in Article 17.6 hereinafter.
12.2 Final Payment - Final payment constituting the unpaid balance of the Cost of the Project and the Construction Manager's
fee, shall be due and payable as described in Article 17.6 after the Owner has accepted occupancy of the project,
provided that the Project be then fmally completed, that the Construction Manager has verified by his signature that he
has completed all items specified on the attached Exhibit K, and that this Agreement has been finally performed.
However, if there should remain work to be completed, the Construction Manager and the Design Professional shall list
those items prior to receiving final payment and the Owner may retain a swn equal to 200% of the estimated cost of
completing any unfmished work and portion of the Construction Manager's retainage, provided that said unfinished
items are listed separately and the estimated cost of completing any unfinished items are likewise listed separately.
Thereafter, Owner shall pay to Construction Manager, monthly, the amount retained for each incomplete item after each
of said items is completed.
The fmal payment of retainage shall not be made until the Project has been inspected by the Design Professional or
other person designated by the Owner and until he has issued a written certificate that the project has been constructed
in accordance with the approved plans, specifications, and approved change orders and until the Owner's Representative
has accepted the Project.
Final payment shall not be made until the Construction Manager has supplied Owner's Representative with signed and
dated statements from all laborers, materialmen, and subcontractors as defined in Section 713.01, Florida Statutes, that
they have no claims against the Construction Manager for the work under the contract Said statements shall identify the
project by name and project number. Construction Manager must also provide Owner's Representative with a Release
of Affidavit as well as the Consent of Surety with the fmal application for payment.
12.3 PaYments to Subcontractors - The Construction Manager shall promptly, within 15 days after receipt of payment from
the Owner, pay all the amount due subcontractors less a retainage of ten percent (l 0%) until after the project is fifty
percent (50%) complete, payment has been issued, and based on Construction Manager's evaluation of the
subcontractor's acceptable performance, the Owner may approve a reduction in retainage for payments thereafter. If
there should remain items to be completed, the Construction Manager and Design Professional shall list those items
required for completion and the Construction Manager shall require the retainage of a swn equal to 200% of the
estimated cost of completing any unfinished items, provided that said unfinished items are listed separately and the
estimated cost of completing any unfinished items likewise listed separately. Thereafter, the Construction Manager
27
Attachment B Page 27 of 44
Agenda Item NO.1 OJ
November 14, 2006
shall pay to the subcontractors, monthly, the amount retained for each incomplete item after each gr~~J~t~Ih~~s
completed. Before issuance offmal payment without any retainage, the subcontractor shall submit satisfactory evidence
that all payrolls, material bills and other indebtedness cormected with the Project have been paid or otherwise satisfied,
warranty information is complete, as-built markups have been submitted and instruction for the Owner's operating and
maintenance persormel is complete.
Final payment may be made to certain select subcontractors whose work is satisfactorily completed prior to the total
completion of the Project but only upon approval of the Owner.
12.4 Delaved Payments bv Owner -If the Owner should fail to pay the Construction Manager within 30 days after the receipt
of an approvable payment request from the Construction Manager, then the Construction Manager may, upon seven (7)
additional days written notice to the Owner and the Design Professional stop the Project until payment of the Amount
owing has been received.
12.5 Payments for Materials and Equipment - Payments will be made for material and equipment not incorporated in the
work but delivered and suitably stored at the site or another location subject to prior approval and acceptance by the
Owner on each occasion.
12.6 Withholding Pavrnents To Subcontractors - The Construction Manager shall not withhold payments to subcontractors if
such payments have been made to the Construction Manager. Should this occur for any reason, the Construction
Manager shall immediately return such monies to the Owner's, adjusting pay requests and project bookkeeping as
required.
ARTICLE 13
INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION
13.1 Indemnity - To the maximum extent permitted by Florida law, CONTRACTOR shall indemnify and hold harmless OWNER,
its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
CONTRACTOR or anyone employed or utilized by the CONTRACTOR in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
wailable to an indemnified party or person described in this paragraph 13.1.
13.2 Construction Manager's Insurance
(1) During the term of this Agreement the Construction Manager shall provide, pay for, and maintain, with
companies satisfactory to the Owner, the types of insurance described herein. All insurance shall be from
responsible companies duly authorized to do business in the State of Florida andlor responsible risk retention
group insurance companies registered with the State of Florida Promptly after written Notice of Award is issued
by the Owner, the insurance coverage and limits required must be evidenced by properly executed Certificates of
Insurance on an Accord or equivalent form. The Certificates must be personally, manually signed by the
Authorized Representatives of the insurance company/companies shown on the Certificates with proof that he/she
is an authorized representative thereof. In addition, copies of all insurance policies required shall be provided to
the Owner, on a timely basis, if requested by the Owner. These Certificates and policies shall contain provisions
that thirty (30) days written notice by registered or certified mail, facsimile or e-mail shall be given the Owner of
any cancellation, intent not to renew, or reduction in the policies' coverage, except in the application of the
Aggregate Limits Provisions. Construction Manager also shall notify Owner, in a like manner, within forty-eight
(48) hours after receipt by the Construction Manager of the respective notices of expiration, cancellation, non-
renewal or material change in coverage or limits received by
Construction Manager from its insurer, and nothing contained herein shall relieve Construction Manager of this
requirement to provide notice. In the event of a reduction in the aggregate limit of any policy, the Construction
Manager shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under
such policy.
(2) All insurance policies required by this Agreement shall include the following provisions and conditions by
endorsement to the policies:
(a) The term II Board of County Commissioners of Collier County, Florida" shall include Collier
County, Florida, a political subdivision of the State of Florida and all Authorities, Boards, Bureaus,
Commissions, Divisions, Departments and offices thereof and individual members and employees
28
Attachment B Page 28 of 44
Agenda Item No. 10J
November 14,2006
thereof in their official capacity, and/or while acting on behalf of Collier County, Floridrage 58 of 97
(b) All insurance policies, other than the Professional Liability policy and the Workers Compensation
policy, provided by Construction Manager to meet the requirements of this Agreement shall name the
Board of Commissioners of Collier County, Florida, as that name is defmed in Article 13.2(1) above, as
an additional insured as to the operations of the Construction Manager under the Contract Documents
and shall contain a severability of interests provision.
(c) Companies issuing the insurance policy or policies shall have no recourse against Owner for
payment of premiums or assessments for any deductibles which all are at the sole responsibility and risk
of Construction Manager.
(d) All insurance coverage of the Construction Manager shall be primary to any insurance or self-
insurance program carried by the Owner applicable to this Project, and the "Other Insurance" provisions
of any policies obtained by Construction Manager shall not apply to any insurance or self-insurance
program carried by Owner applicable to this Project.
(3) The acceptance by the Owner of any Certificate of Insurance for this Project evidencing the insurance coverage
and limits required in this Agreement does not constitute approval or agreement by the Owner that the insurance
requirements have been met or that the insurance policies shown on the Certificates of Insurance are in
compliance with the requirements of this Agreement.
(4) No work shall commence at the Project site unless and until the required Certificates of Insurance are received
and the written Notice to Proceed is issued to the Construction Manager by the Owner.
(5) Before starting and until acceptance of the work by Owner, Construction Manager shall procure and maintain
insurance of the types and to the limits specified below, "Insurance Requirements". Construction Manager shall
require each of its subcontractors to procure and maintain, until the completion of that subcontractor's work,
insurance of the types and to the limits specified below, unless such insurance requirement for the subcontractor
is expressly waived in writing by the Owner.
INSURANCE TYPE
REQUIRED LIMITS
1. Worker's Compensation
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.
2. Commercial General
Liability Patterned after the
Current I.S.0 Occurrence form
Bodily Injury & Property Damage
$2.000.000 Single Limit Per Occurrence
3. Automobile Liability
.()wned/N on-ownedlHired
Automobile Included
$1.000.000 Each Occurrence
4. Other Insurance as indicated below:
a) Professional Liability
Construction Manager shall be solely responsible to parties with whom it shall deal in carrying out the terms of
this Agreement and shall indemnify and hold the Owner harmless against all claims arising from the negligent
acts, errors or omissions of consultant by third parties. Construction Manager shall carry professional liability
insurance in an amount not less than $NA.
5. Construction Manager shall insure that all subcontractors comply with the same insurance requirements that he
is required to meet. Construction Manager shall provide Owner with certificates of insurance meeting the
required insurance provisions.
6. Owner must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General
29
Attachment B Page 29 of 44
",
Liability where required.
Agenda Item NO.1 OJ
November 14, 2006
Page 59 of 97
7. The 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
8. No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceptable.
9. Thirty (30) Days Cancellation Notice is required.
10. The Certificate must state the Bid Number and Title.
(6) If any insurance provided pursuant to this Agreement expires prior to the completion of the Work, renewal
Certificates of Insurance and, if requested by the Owner, copies of the renewal policies, shall be furnished to
Owner thirty (30) days prior to the date of expiration,
(7) Should at any time the Construction Manager not maintain the insurance coverage required in this Agreement, the
Owner may cancel the Agreement or at its sole discretion shall be authorized to purchase such coverage and
charge the Construction Manager for such coverage purchased. If Construction Manager 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 Construction Manager under this Agreement. The O\\o1ler shall be under no obligation to purchase
such insurance, nor shall it be responsible for the coverage purchased or the insurance company/companies used.
The decision of the O\\o1ler to purchase such insurance coverage shall in no way be construed to be a waiver of
its rights under this Agreement.
(8) Construction Manager shall submit within twenty-four (24) hours to O\\o1ler and Design Professional a copy of all
accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may
have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have
arisen on account of any work by Construction Manager under the Contract Documents.
(9) The Owner shall be exempt from, and in no way liable for, any sums of money that may represent a deductible in
any insurance policy except deductibles as agreed to by the O\\o1ler in obtaining Builder's Risk Property
Insurance. The payment of such deductible shall be the sole responsibility of the Construction Manager and/or
subcontractor providing such insurance.
13.3 Waiver of Subrogation
(1) Except as to Workers Compensation and Professional Liability, the Owner and Construction Manager waive all
rights against each other for damages caused by perils covered by insurance provided under Article 13 to the
extent covered by such insurance, except such rights as they may have to the proceeds of such insurance held by
the Owner and Construction Manager as trustees. The Construction Manager shall require similar waivers from
all subcontractors and their sub-subcontractors.
(2) The Owner and Construction Manager waive all rights against each other for loss or damage to any equipment
used in connection with the Project and covered by any property insurance. The Construction Manager shall
require similar waivers from all subcontractors and their sub-subcontractors.
(3) The Owner waives subrogation against the Construction Manager on all property and consequential loss policies
carried by the Owner on adjacent properties and under property and consequential loss policies purchased for the
Project after its completion.
(4) If the policies of insurance referred to in this section require an endorsement to provide for continued coverage,
where there is a waiver of subrogation, the Owner of such policies will cause them to be so endorsed. Failure to
obtain proper endorsement nullifies the waiver of subrogation.
30
Attachment B Page 30 of 44
Agenda Item No. 10J
~ ARTICLE 14 November 14, 2006
TERMINATION OF THE AGREEMENT AND OWNER'S RIGHT TO PERFORM CONSTRUCTION MA~S97
OBLIGATION
14.1 Termination by the Construction Manager - If the Project is stopped for a period of thirty (30) days under an order of
any court or other public authority having jurisdiction or as a result of an act of government, such as a declaration of a
national emergency making materials unavailable, through no act or fault of the Construction Manager, or if the Project
should be stopped for a period of sixty (60) days by the Construction Manager, for the Owner's failure to make
payments thereon, then the Construction Manager may, upon seven days written notice to the Owner, request payment
for all work executed, the Construction Manager's fees earned to date, and for any proven loss sustained upon any
materials, equipment, tools, construction equipment, and machinery, including reasonable profit, damages and terminal
expenses incurred by the Construction Manager.
14.2 Owner's Right to Perform Construction Manager's Obligations and Termination by Owner for Cause.
(1) If the Construction Manager fails to perform any of his obligations under this Agreement including any
obligation he assumes to perform work with his own forces, the Owner may, after seven (7) days written notice
during which period the Construction Manager fails to commence correction of such obligation, make good such
deficiencies. The GMP, or the actual cost of the Project, whichever is less, shall be reduced by the cost to the
Owner of making good such deficiencies and the Construction Manager's Construction Phase Fee shall be
reduced by an amount required to manage the making good of such deficiencies.
(2) If the Construction Manager is adjudged a banloupt, or if he makes a general assignment for the benefit of his
creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or
fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or
proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defmed as
any activity on the critical path that falls 45 days or more behind schedule) which has been adopted by the
Construction Team, or ifhe fails to make prompt payment to subcontractors for materials or labor, or persistently
disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise
is guilty of a substantial violation of a provision of the Agreement, then the Owner may, without prejudice to any
right or remedy and after giving the Construction Manager and his surety, if any, seven (7) days written notice,
during which period Construction Manager fails to commence correction of the violation, terminate the
employment of the Construction Manager and take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Construction Manager, and may finish the Project
by whatever method he may deem expedient. In such case, the Construction Manager shall not be entitled to
receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed
under Article 7. Reasonable terminal expenses incurred by the Owner may be deducted from any payments left
owing the Construction Manager (excluding monies owed the Construction Manager for subcontract work).
(3) If the Construction Manager refuses 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 Construction Manager in
conjunction with this Agreement, then the Owner may, without prejudice to any right or remedy and after giving
the Construction Manager and his surety, if any, seven (7) days written notice, during which period Construction
Manager still fails to allow access, terminate the employment of the Construction Manager and take possession of
the site and of all materials, equipment, tools, construction equipment and machinery thereon, owned by the
Construction Manager, and may finish the project by whatever method he may deem expedient. In such case, the
Construction Manager shall not be entitled to receive any further payment until the Project is finished nor shall he
be relieved from his obligations assumed under Article 7. Reasonable terminal expenses incurred by the Owner
may be deducted from any payments left owing the Construction Manager (excluding monies owed the
Construction Manager for subcontract work).
14.3 Termination bv Owner Without Cause
(1) If the Owner terminates this Agreement other than pursuant to Article 14.2(2) or Article 14.2(3), Owner shall
reimburse the Construction Manager for any unpaid Cost of the Project due Construction Manager under Article
9, plus that part of the unpaid balance of the Construction Phase Fee in an amount as will increase the payment
on account of Construction Manager's fee to a sum which bears the same ratio to the Construction Phase Fee as
the Cost of the Project at the time of termination bears to the Guaranteed Maximwn Price, if established,
otherwise to the Owner's Construction Budget. The Owner shall also pay to the Construction Manager fair
compensation, either by purchase or rental at the election of the Owner, for any equipment retained. In case of
such termination of Agreement the Owner shall further assume and become liable for obligations, commitments
and unsettled contractual claims that the Construction Manager has previously undertaken or incurred in good
faith in connection with said Project. The Construction Manager shall, as a condition of receiving the payments
referred to in this Article 14, execute and deliver all such papers and take all such steps including the legal
31
Attachment B Page 31 of 44
. u.. ._.. ~.. ._....-..--..-__. - -----.....---.. .---.----- ....--.----.-.-
. ,
Agenda Item No. 10J
assignment of his contractual rights, as the Owner may require for the purpose of fully v~g~ttllin 1If~
and benefits of the Construction Manager under such obligations or commitments. age 0 9
(2)
After the establishment of the Guaranteed Maximum Price or at the completion of the Pre-constmction Phase, if
the final cost estimates or lack of funding make the Project no longer feasible from the standpoint of the Owner,
the Owner may terminate this Agreement and pay the Construction Manager his proportionate fee due in
accordance with Article 8.1 plus any costs incurred pursuant to Articles 9 and 10.
ARTICLE 15
ASSIGNMENT AND GOVERNING LAW
15.1 Neither the Owner nor the Construction Manager shall assign his interest in this Agreement without the written consent
of the other except as to the assignment of proceeds.
15.2 This Agreement shall be governed by the Laws of the State of Florida.
ARTICLE 16
NOTICE OF CLAIM: WAIVER OF REMEDIES; NO DAMAGES FOR DELAY
16.1 Notice of Claim. The Owner's liability to Construction Manager for any claims arising out of or related to the subject
matter of this contract, whether in contract or tort, including, but not limited to, claims for extension of construction
time, for payment by the Owner of the costs, damages or losses because of changed conditions under which the work is
to be performed, or for additional work, shall be governed by the following provisions:
(I) All claims must be submitted as a Request for Change Order in the manner as provided herein.
(a) The Construction Manager must submit a Notice of Claim to Owner and to the Design Professional within 20
days of when the Construction Manager was or should have been aware of the occurrence of the event giving
rise to the claim; and
(b) Within 10 days of submitting its Notice of Claim, the Construction Manager shall submit to the Owner its
Request for Change Order, which shall include a written statement of all details of the claim, including a
description of the work affected.
(2) The Construction Manager agrees that the Owner shall not be liable for any claim that the Construction Manager
fails to submit as a Request for Change Order as provided in this paragraph.
(3) After receipt of a Request for Change Order, the Owner, in consultation with the Design Professional, shall
deliver to the Construction Manager its written determination of the claim.
(4) In the event the Owner and Construction Manager are unable to agree on the terms of a Change Order, the
Owner shall have the option to instruct the Construction Manager to proceed with the work. In that event, the
Owner shall agree to pay for those parts of the work, the scope and price of which are not in dispute. The
balance ofthe disputed items in the order to proceed shall be resolved in accordance with Article 16.2.
16.2 Resolution of Claims and Disputes. Generallv. Except as otherwise provided in this Agreement any dispute concerning
a question of fact or of interpretation of a requirement of this Agreement that is not disposed of by mutual consent
between the parties shall be decided by the Owner's Purchasing Director, who shall reduce the decision to writing and
furnish a copy thereof to the parties. In connection with any dispute proceeding under this clause the party shall be
afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the
Contract. The Purchasing Director shall make such explanation as may be necessary to complete. explain or make
definite the provisions of this contract and the fmdings and conclusions shall be fmal and binding on both parties.
Pending the final decision of a dispute hereunder, Contractor shall proceed diligently with its perfonnance of the
contract in accordance with the preliminary directions of the Purchasing Director.
16.3 Venue. The venue for all civil and administrative actions arising out of this agreement shall be in Collier County,
Florida.
16.4 Remedy for Delay. For work the Construction Manager perfonns with its own forces, and in addition to the adjustments
provided for in Article 8. the Construction Manager's exclusive remedy for delays in performance of the construction
caused by events beyond its control, including delays claimed to be caused by or attributable to the Owner or the Design
Professional, including claims based on breach of contract or negligence, shall be a claim submitted in compliance with
16.1 above, for an extension of the scheduled construction time. In the event of a change in such work, the Construction
32
Attachment B Page 32 of 44
Agenda Item No. 10J
Manager's claim for adjustments in the contract sum are limited exclusively to its actual costs~~i(:hiMk~9:l1~
5 % for profit The Construction Manager expressly agrees that the foregoing constitute its soFetlJh1J ~~c9J~lve
remedies for delays and changes in such work, and eliminate any other remedies for claim for increase in the contract
price, delays, changes in the work, damages, losses or additional compensation.
ARTICLE 17
MISCELLANEOUS
17.1 Hannony - Construction Manager is advised and hereby agrees that he will exert every reasonable and diligent effort to
assure that all labor employed by Construction Manager and his Subcontractors for work on the project shall work in
hannony with and be compatible with all other labor being used by building and Construction Managers now or
hereafter on the site of the Project Construction Manager further agrees that this provision will be included in all
subcontracts of the Subcontractors as well as the Construction Manager's own contract; provided, however, that this
provision shall not be interpreted or enforced so as to deny or abridge, on account of membership or non-membership in
any labor union or labor organization, the right of any person to work as guaranteed by Article I, Section 6 of the
Florida Constitution.
17.2 Apprentices - If the Construction Manager employs apprentices on the project, the behavior of the Construction
Manager and the Owner shall be governed by the provisions of Chapter 446, Florida Statutes, and by applicable
standards and policies governing apprentice programs and agreements established by the Division of Labor of the State
of Florida Department of Labor and Employment Security. The Construction Manager will include a provision similar
to the foregoing sentence in each subcontract
17.3 Applications for Payment - Applications for Payment shall be submitted in detail sufficient for a proper pre-audit and
post-audit thereof. Invoices for any travel expenses shall be submitted in accordance with procedures specified in
Section 112.061 of the Florida Statutes governing payments by the State for travel expenses.
17.4 Construction Manager's Proiect Records - The Construction Manager's Project Records shall be maintained as
prescribed hereinabove and shall be made available to the Owner or his authorized representative at mutually
convenient times.
175 Minority Participation - When Projects involve State of Florida or Federal funding, Construction Manager shall
diligently attempt to comply with State of Florida and Federal requirements on minority participation.
17.6 Construction Manager's Payment Rights - Owner shall make payments in accordance with Chapter 218, Florida
Statutes, the "Florida Prompt Payment Act." Interest penalties shall be at the legal rate. Interest penalties of less than
one (1) dollar will not be enforced unless the Construction Manager requests payment
17.7 Public Entity Crime Information Statement - "A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work
as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list."
17.8 Unauthorized Aliens - The Owner shall consider the employment by any Construction Manager of unauthorized aliens a
violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral
cancellation of this Agreement.
] 7.9 Electronic Mail Capabilities - The Construction Manager must have electronic mail capabilities through the World
Wide Web. It is the intention of the Owner to use electronic communication for all projects whenever possible. The
Construction Manager shall provide their electronic mail address and the name of a contact person responsible for their
electronic communications.
17.1 0 Captions and Section Headings - Captions and section headings used herein are for convenience only and shall not be
used in construing this Agreement.
17.1 ] Agreement Preparation - This agreement shall not be construed more strictly against one party than against the other
merely by virtue of the fact that it may have been prepared by one of the parties. It is recognized that both parties have
substantially contributed to the preparation of this Agreement.
17.12 Third Party Beneficiaries - This agreement does not create any relationship with, or any rights in favor of, any third
party .
33
Attachment B Page 33 of 44
Agenda Item No. 10J
November 14, 2006
Page 63 of 97
. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year fIrst written above.
Attest:
By
Corporate Secretary
:W~f~5B
ATTEST: . r" -
DWI~,~t~"B~...'O....~.. .:CLERK
,.;':' ',' ~ ~
~..
...
. -,. : ---
B.' "'. -.
Y . DEPUTY .CLERK
Atttst" t~ Ct.a1~ I
s i gnlt...... on 111
_ Approved as to form and legal sufficiency:
CofP~7n~
;ounty Attorney
Colleen M Greene
Assistant County Attorney
------" -~.._.~'
OWNER
CONSTRUCTION MANAGER
WRIGHT CONSTRUCTION CORP.
~~
By frR.E ~ Eo. ,..,A 1'1
Its: /qzE.> r ~ eN r
(Corporate Seal)
-,
:' ;'- '. ~-' - ~........:... . ..::
~ :: .....
~ - -.
- - - - .
- - . -~
-~ '- :. -: ~ -'~.. ;. --.
... -
.........~ ..
/' "
-
.;
..,-. -
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~~--"
By~'
FRANK HALAS, CHAIRMAN
34
Attachment B Page 34 of 44
c
Owner
Ron Hovel!
Linda Jackson Best
Design Professional
Construction Mana~er
DARWIN ZIMMERMAN
JEFF PETERS
MARGE CONNOR
KEITH MOYER
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
Owner's Representative
Contract Specialist
Project Principal
Construction Administrator
Site Representative
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Architectural Inspector
SENIOR ESTIMATOR
ESTIMATOR
ADMINISTRA TIVE ASSISTANT
OPERA nONS MANAGER
35
Agenda Item NO.1 OJ
November 14, 2006
Page 64 of 97
Attachment B Page 35 of 44
Individual
DARWIN ZIMMERMAN
JEFF PETERS
MARGE CONNOR
KEITH MOYER
Individual
((ONSITE 1))
(<OnSite2))
(<OnSite3))
(<OnSite4))
(<OnSiteS>>
<<To -pe _Assigm)
EXHIBIT B
CONSTRUCTION MANAGERS'S PERSONNEL
OFF-SITE SUPPORT STAFF
Title
SENIOR ESTIMATOR
ESTIMATOR
ADMINISTRATIVE ASSISTANT
OPERATIONS MANAGER
ON-SITE SUPPORT STAFF
Title
<(Title 1 b)
((Title2!>>
<<Title3 b>
<(Title4!>>
(<Title5!>>
36
Agenda Item No.1 OJ
November 14, 2006
Page 65 of 97
Attachment B Page 36 of 44
EXHIBIT C
Agenda Item No. 10J
November 14, 2006
Page 66 of 97
DESIGN PROFESSIONAL'S CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NUMBER:
DESIGN PROFESSIONAL:
PROJECT:
OWNER:
CONSTRUCTION MANAGER
ATTN:
CONTRACT FOR:
DATE OF ISSUANCE:
CONTRACT DATE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The work pertonned under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion
thereof designated above is hereby established as which is also the date of commencement of
applicable warranties required by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Design Professional when construction is substantially
complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended as
expressed in the Contract Documents.
A list of items to he completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Construction
Manager to complete all Work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of
final payment unless othClWise agreed to in writing.
DESIGN PROFESSIONAL
BY:
DATE
The Owner accepts the Work or designated portion thereof as substantially complete.
Owner:
BY:
DATE
The Construction Manager will complete or correct the Work on the list of items attached hereto within the time prescribed in the contract from the above Date of
Substantial Completion.
CONSTRUCTION MANAGER
DATE
BY:
37
Attachment B Page 37 of 44
Agenda Item No. 10J
November 14, 2006
Page 67 of 97
EXHIBIT D
CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION
OWNER:
PROJECT: :
CONSTRUCTION MANAGER: :
CONTRACT FOR: :
CONTRACT DATE:
CONTRACT AMOUNT: :
CONSTRUCTION MANAGER'S AFFIDAVIT
I solemnly swear and affirm: That the work under the above named contract and all amendments thereto have been completed in
accordance with the requirements of said contract; that all costs incurred for equipment, materials, labor, and services against the
project have been paid; that no liens have been attached against the project; that no suits are pending by reason of work on the project
under the contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by law;
that all public liability claims are adequately covered by insurance, and that the Construction Manager shall save, protect, defend,
indemnify, and hold the Owners harmless from and against any and all claims which arise as a direct or indirect result of any
transaction, event or occurrence related to performance of the work contemplated under said contract.
CONSTRUCTION MANAGER:
(SEAL)
Title:
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this (date) by (name of officer or agent. title of officer or agent) of (name of
Corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known
to me or has produced (type of identification) as identification.
(Signature of person taking acknowledgment)
(Name typed printed or stamped)
(Title or Vendor)
38
Attachment B Page 38 of 44
EXHIBIT 0 (CONT'D)
Agenda Item No. 10J
November 14, 2006
Page 68 of 97
CERTIFICATE OF CONTRACT COMPLETION
PROJECT NO
PROJECT TITLE
CONSTRUCTION MANAGER
CONTRACT DATE:
DATE OF FINAL COMPLETION
CERTIFICATE OF DESIGN PROFESSIONAL
I CERTIFY: That the work under the above contract has been satisfactorily completed on the date set forth in accordance with the terms of the contract; that
the Construction Manager has submitted his sworn affidavit as evidence that he has paid all labor, materials and other charges against the project in accordance
with the tenns of the contract.
AlE Firm Name:
By
Date
TO BE COMPLETED BY DESIGN PROFESSIONAL
THROUGH THE SUBSTANTIAL COMPLETION PHASE
DATE
DAYS
I. Notice to Proceed (N.T.P.)
2. Time Specified in Original Contract for
Substantial Completion (S.c.)
xxx XXX
3. Extension Granted by Change Orders (Days Between
Original Contract S.C. and Final Contract S.c.)
XXXXXX
4. Total Days Allowable to Substantial Completion
(Add Lines 2 and 3)
XXXXXX
5. Project Substantially Completed as Certified by NE
(Total Days from N.T.P. through Date certified by NE)
6. Substantial Completion Overrun (Subtract
Line 4 from 5 and Enter Overrun)
@$
Per Day=$
THROUGH THE FINAL COMPLETION PHASE
]. Time Specified in Contract, Between Substantial
& Final Completion
XXXXXX
2. Extensions Granted by Change Orders (Days
Between S.c. & Final Completion
XXXXXX
3. Total Days Allowable Between Substantial & Final
Completion (Add Lines] & 2)
XXXXXX
4. Date Actually Completed and Total Days Between Actual S.C
& Date Certified by NE as Actually being Finally Completed.
5. Final Completion Overrun (Subtract Line 3 & 4
and Enter Ovenun)
XXXXXX
@S
Per Day=S
TOTAL LIQUIDATED DAMAGES $
DATE:
Owner's Representative
DATE:
Construction Manager
39
Attachment B Page 39 of 44
EXHIBIT E
Agenda Item NO.1 OJ
November 14, 2006
Page 69 of 97
AMENDMENT NO.1 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Articles 7 and 8 of the Agreement, dated between The Board of County Commissioners of Collier County, Florida, a
political subdivision of the State of Florida ("Owner") and ("Construction Manager"), for management and
construction ("Project"), the Owner and Construction Manager hereby establish the Constructions Manager's
fee, Cost of the Project, Guaranteed Maximum Price and Contract Time for the Work as set forth below:
1. CONSTRUCTION MANAGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the
Construction Phase shall be <<ConPhaseFee >>. The Construction Phase Fee shall be invoiced and paid in <<NumMonPav1>> monthly
payments of <<PavmentAmt 1>> each and one final monthly payment of <<FinaIMonPav >>. The first monthly Application for
Payment shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by Owner's
Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and
occupancy of the Project accepted by the Owner.
2. COST OF THE PROJECT
The total Cost of the Project as defined in Article 9 of this Agreement is $
3. GUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the Work, including the Construction Manager's Fee and Cost of the Project is
$ . This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this
Amendment and marked Attachments I through 6, as follows:
Attachment
Number
Description
Pages
Dated
Drawings, Specifications,
Addenda and General,
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price is based.
2. Allowance items
3. Assumptions and clarifications
made in preparing the
Guaranteed Maximum Price.
4. Completion schedule
5. Alternate prices
6. Unit Prices
40
Attach ment B Page 40 of 44
4. CONTRACT TIME
Agenda Item NO.1 OJ
November 14, 2006
Page 70 of 97
The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the Work is
days ("Contract Time").
CONSTRUCTION MANAGER
Attest:
By
Corporate Secretary
By
Its:
As Witnessed:
By
(Corporate Seal)
OWNER
ATTEST:
DWIGHT W. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
DEPUTY CLERK
By
COMMISSIONER DONNA FIALA, CHAIRMAN
Approved as to fonn and legal sufficiency:
Robel1 N. Zachary, Assistant County Attomey
41
Attachment B Page 41 of 44
..
4
..
Individual
DARWIN ZIMMERMAN
JEFF PETERS
MARGE CONNOR
KEITH MOYER
<<To_Be _Assign>>
EXHIBIT F
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING PRECONSTRUCTION PHASE
Title
Duration
In Months
SENIOR ESTIMATOR
ESTIMATOR
ADMINISTRATIVE ASSISTANT
OPERA TrONS MANAGER
42
Agenda Item No.1 OJ
November 14, 2006
Page 71 of 97
Percentage
of Time
Available
Attachment B Page 42 of 44
~~/~~/~~~b ~~:~~
~~~:Lbl:LI:H:l3
COLLIER INSURANCE
,.
AkORD..
PIWDl./ceR
co1~ie~ ZnsuranC8 Serv~c8S
6609 Willow Park Drive
N~plell n. 34109
Phone: 239-261-6116 F~:2~9-261-2e03
INS1.IMD
CERTIFICATE OF LIABILITY INSURANCE
OPI!) Qr.
W;UC:H-A ;,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INF
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EmND OR
AI. TER THE COVERAGE AFFORDED BY TliE POLICIES BELOW.
C1naJ./lllAt:i Zftlunoa"" c:onpanY
:, NArC'
.1. 10677
INSURERS AFFORDING COVERAGE
Wd.ght const~at1on Corp
r'1G, W~iAtt( Inc, db.
58 ::I. Youn :.Let: RQad
!'ort MYers 339::1.2
COVERAGES
II\I8URER A;
lN6UAER 8:
lNllURiR c:
INSURER 0;
INSURER I!:
8~1dCl'lf~a1d I:tIpl
~. frill. Co.
'THe POlICIES OF INSuAANC:- LISTED BELOW HA\IC; MEal I$SUE!) TO nlE INSUREtl NAM!!O ABOVE FOR rilE; POLICY PeAlOD ~OICA.TeO. NOlWlTHSiANPJN~
ANY REQUlREMENT. TERM OR cONomON 01' AIN COtmW:1' OR otHllR DOOU~ WITH AEGPiCT TO WHICH THIS CI!RT1l'tCATe MAY BE ISSUED OR
tMy PERTAIN, 1H& INstJRAHCE AFFQRl>ED BY THE POL.IOlES DESCRIBED H;REIfIIS SUBJECT TO ALl. THE TeRMS, r;xelUSION& ANO OONOITlONS OJ' SUCH
POL.ICIES, AGGREBATE L.NIT6 StfOWN MAY HA.VE a!!EN REDUCED 8'\" PAlO CLAIMS.
l-TR IIISR TYPE OFINSUAANCE POLICY NUI'llBER DATEj~ DATE ~ L.IMITS
~eRAL I.lABILm' I!ACli OCCURRENoe .1.1,000,000
A X ~OIAlGENERAL.UABlI.m' CP:J?0909170 01/01/06 01/01/07 ~S(ElI~l ;J 500,000
i-- CU\lM6 MI\DE ~ OCCUR MED EXP /krt one pAtson) .'$10,000
I-- PERSONAL & ADV INJURY ~ 1,000.000
I-- GEN!RAL.AOGREGAT1: $2.000 000
n'LAGG1ilLlMrr n$ PER: PRODUCTS - COM'i'IOP AGG G 2,000.000
POLICY X ~r8r loe
~UTOMQIIILJi I.IABlI.tTY CQM8INEC SJItIOl.l! L.1A1T $1,000,000
A ~ ANY AUTO CPP0909170 01/01/06 01/01/07 IliQ ilCClckonl)
-
- AU. OWNeo AUTOS BODllYINJURV
- aoHEDUlS> AurOS (P..pnon) J*
- HII\ED AUTOS BOOlI. Y INJURY
NON-owNEO AUTOS (p.. lIcc\1lent) ; ;
-
PftOPERrY D~E ; $
(per ~nl)
~UAanY ...uTO ONLY -..... AOCfDiNT; $
MN AIJTO OlHER THAN EA Ace $
AUTO ONL.'!'! MG $
OCSSSIUMllMLLA UABLIlY EACH OCCIJRRENCE ; : S 8 . 000 .000
A !J OCCUR 0 CLAIMS MADE CPP0909170 01/01/06 01/01/07 AGGREGATI: $9 000.000
: $
~ DEDUCllBlE : . $
X RElENT'ION $10,000 1
WORKSR8 COl\1P1NIA11ON AND IrORV L.lMrrSl X IO~;'
J3 Ja'LO~ uun.m' 0830-30920 01/01/06 01/01/07 E.L EACH ACCIDEJoIT 11- I SOO I 000
~ PROPRmTOIWAll'IlERfEl(!Cunve
OF~lceM.l!Y8E11 &xcl.UL'IEO? E.L O'S~E . EA eMl'\.OVEI1 $SOO 000
~I, doaerilll ur.w ,-
OIAL PROVISIONS t..law E.l. OISlOASe . POllC'l" UMg- $500 000
OTHGR
A Property Section CPP0909170 01/01/06 01/0l/07 B1k1:. Bldq; 600,000
A Crime sact.ion cPP090g170 01101/06 01/01/07 F.mI;Il Dish: 300 000
C!SCIV1ION OF o~TIOH9' LOaA1'lONS /'/EHIC1..llS I EltCr.U51DN$ liDDED av ENDOIUInENT' splSClA.ll'ftO\llstONI>
C8r~icate holder is listed as additional ins"red with regards to Gene:a1
LiabilUy pe= attached :fO:nll GA4072. *30 days notice of cancellation except 10 ,
days for non payment of premi\1!1l. :
-,
Col.Ue~ Cotmt:y Boa.~ of
county commision~s
3301 Tam.iami T: l!\
Naples 1'10 34112
CANCEJJ.AllON
COLLI25 SHOU~D ANY OF THE ABOve DE!SOA:1BED PO\.lCI9 BE CANcatEP aEFoRE THe EXPIRATION
DAn; THflRJ;CF. THIliISSUlNO INStffl'StWlL.L ENDEAVOR TO lIAIL 10 ClAYS WRITTEN
,-
NOTIC!! TO THE cl!RTlPlClATI! HOL.PER NAMED TO THE I.EFT. BIlT FAlLuRE TO DO $0 SHAl.L.
IMPOSE NO OBLIGATION OR UABILITY 01' NN KiN!) upON THE jNSUllER, ITS AGEN'l1I oM
RE1'It!S&NTA'llVES. :
AU~~
CERTlFICATS HOLDER
ACORD 25 (2001108)
<Vl ACO~O CORPORATION 1988
Attachment B Page 43 of 44
PAGE El2/El2
. Agendjaltem No. 10J
Nove, ber 14, 2006
TIllS ENDORSeMENT CHANGES THE. pOLICY . p\.EA8E READ IT CAREFULi. . :ge 73 of 97
~d/~~/~~~b ~~:~
~;;j'.:fLbl~l:l~;;j
... f J
..
".
COLLIER INSURANCE
AUTOMATIC AOD1TIONAL INSURED · WHEN
REQUIRED IN CONTRACT OR AGREEMENT WITH YOu'
'this endOl'$emeot modlfl.a InlSurance provided under the folloWing:
COMME.RCIAL GENEAAL LIABu..nY COVERAGE PART
1. SEctiON II . WHO IS "N INSUReD. 2. Is 2.
amended to lndude:
ei MY person or organw.tion. hereInafter
referred to as ADOmONAL INSURED:
(1) WhO or whIch Is not speolfically
named as an addltlonat Insured un.
der any other provision of. or en.
dorsement edded to, this Coverage
Part; and
{2} Fer whom you are requlred to add as
an additional insured on this Cover.
Bge Part
under.
(1) A written contract or agreement; or
(2) An 'oral agreement or contract wher.
a oertlfl~ gf in$ural'\oe showing
that person or organi%atlon as en
additional Insured has been Issued;
but only with respect to Ilsblllty arising om
of ~ur workll perforrnad for that addI-
tional insured by you or 0" your behalf. A
person or organiZatlon's status as an In-
sured lJnder this endorsement continues
for only the period of time req....lred by the
wrllt$n contract or 8~ment, but In no
event beyCtld the expiration date of this.
Coverage P.rt. If there ,s no written con-
tract or agreement, or If no period of time
is required by the written contract or
agreement, a person or organiZation'S
status as en insured under this endorse-
ment ends when your operations for that
insured ere completed. " .
2. SJ:cTION IV . COMMERCiAL GENeRAL
LIABILITY CONDl110NS is emended to 11'1-
elude:
t. Autot'lurtlc Addltlon.1t Insured provisIon
The w1"itten or oral contract or agreement
must be currently In effect or become ef.
feCtive' during the term of this Coverage
Part. The contract or aiiJreement al$o
must be e7:8cuted prior to the "bodily in-
Jury", '"property damage- or -personal and
advertising Injury" to which this el'\dorse.
mt.;nt pertains. '
Conformance to SpeCIfic Wrl
tract or Agl'8&n'I8nt
If 8 written contract or agre~e t be.
tween you and tbe BdclitiOl\al. I urad
specifies that coverage fer the. ltional
insured: '
a. Be prOVided by the Insurant: Serv-
ices Office additional Insure form
number CG ao 10 or co.. 0 37
(where edition specified): or:
b. Inolude CQvel4lge for com~t d op.
eratlons: or . :
c. Include oo'lerage for .your ~ ";
and where the limits or oovehs pro-
\lidad to the additional insured Is re rea
strlotive than was ~ecliicaUY r9Q ired in
that written contract or agreet'ne t. the
terms of ParagraphS 3.., 4.B,(2) B d , or
4.b.. or any combination tl'\eF9of, of this
endQrsement atulll be interpreted s pro-
Viding the limitS or coverago r&q red by
the terms of the written cOn ct Of
agreement, but only to the ~ t that
such limits or coverage Is Include within
the terms of the Coverage Pai1 t which
this endorsement Is attached: I I hOW'
ever, the wrmen cont~et or ;ag ament
specifies the Insura1'lc8 $ervl Office
addltlona1ln$ured form n\.lmbel' C 20 10
but does not specify which' eel! ion. . or
speolfles an edition that ~OE!S n t exist.
Peragrapns 3. and 4.a.(2} 1:)1 t is en-
d01'$ement shall not apply and ? graph
4.b. of this endorssment 9hall'app .
3. SECTION III . L1MlTS OF INSURA CC Is
amended to inolude:
The limits applicable to the addltlbnal 'nsl.lred
are those speCIfied in the writterl eo \relet or
agreement or in the Oec::1Bratlol'\$~ of t I Cav-
erage Pert. whic.i1ever are les$. ".1'10 Ii Its are
spedfied In the written contract ()~ agr ement,
or if there Is no written contract or ag~ ment.
the limIts ,appllcsbte to the ,ddltlone.t insured
are thO$6 speelfted in the Oeelatetl of !his
Coverage Parl ihe limits of insuran are In-
clusive of and not In addItion td:!he Imits of
Insurance shown in the Declaratipns.
GA4721001
lncl\.ldss copyrighted materiel of In$urance
Services Office. inc., with Its permiss10~.
: Pag 1 on
. .
Attachment B Page 44 of 44
:&
Agenda Item NO.1 OJ
November 14, 2006
Page 74 of 97
EXHIBIT E
AMENDMENT NO.1 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Articles 7 and 8 of the Agreement, dated ~ utI Uli.. between The Board of County Commissioners of Collier County, Florida, a
political subdivision oftbe State of Florida ("Owner") and Wrigbt Construction Group ("Construction Manager"), for management and construction of the
Collier County Fleet Facility, ("Project"), tbe Owner and Construction Manager hereby establish the Constructions Manager's fee, Cost of the Project,
Guaranteed Maximum Price and Contract Time for the Work as set forth below:
1. CONSTRUCTION MANAGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the
Construction Phase shall be $485,274.00. The Construction Phase Fee shall be invoiced and paid in 11 monthly payments of
$40,439.50 each and one final monthly payment of $4Q,439.50. The first monthly Application for Payment shall be submitted no
earlier than thirty days following the issuance of the first Construction Authorization by Owner's Representative and the final
Application for Payment shall be paid only when construction of the project is finally completed and occupancy of the Project
accepted by the Owner.
2. COST OF THE PROJECT
The tota] Cost of the Project as defined in Article 9 of this Agreement is $9 272.741.10.
3. GUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the Work, including the Construction Manager's Fee and Cost of the Project is
$9,272,74] .10. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment
and marked Attachments I through 6, as follows:
Attachment
Number
Description
Pages
Dated
Drawings, Specifications,
Addenda and General,
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price is based.
A-O.OO - FP-2.24 08/l 1/06
2. Allowance items
3. Assumptions and clarifications
made in preparing the
Guaranteed Maximum Price.
] - 2
-- --
_N/A_
09/19/06
4. Completion schedule
09/14/06
5. Alternate prices
_N/A_
6. Unit Prices
N/A
Attachment C Page 1 of 24
"
Agenda Item NO.1 OJ
November 14, 2006
Page 75 of 97
4. CONTRACT TIME
The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the Work is
_364_ days ("Contract Time").
Attest:
BY~~ ~
Corporate Secretary
As Witnessed:
B~
----
OWNER
ATTEST:
DWIGHT W. BROCK, CLERK
By
DEPUTY CLERK
Approved as to form and legal sufficiency:
Robert N. Zachary, Assistant County Attorney
----
CONSTRUCTION MANAGER
By KEITH A. MOYER
Its: VICE PRESIDENT BUILDING OPERATIONS
(Corporate Seal)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
FRANK HALAS, CHAIRMAN
2
Attachment C Page 2 of 24
Agenda Item NO.1 OJ
November 14, 2006
Page 76 of 97
EXHIBIT C
DESIGN PROFESSIONAL'S CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT NUMBER:
DESIGN PROFESSIONAL:
PROJECT:
OWNER:
CONSTRUCTION MANAGER
ATTN:
CONTRACT FOR:
CONTRACT DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The work perfonned under this Contract has been reviewed and found to be substantially complete. The Date of Substantial Completion of the Project or portion
thereof designated above is hereby established as which is also the date of commencement of
applicable warranties required by the Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Design Professional when construction is substantially
complete, in accordance with the Contract Documents, so the Owner can occupy or utilize the Work or designated portion thereof for the use for which it is intended
as expressed in the Contract Documents.
A list of items to be completed or COlTected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Construction
Manager to complete all Work in accordance with the Contract Documents. The date of commencement of warranties for items on the attached list will be the date of
final payment unless othetwise agreed to in "~iting.
DESIGN PROFESSIONAL
BY:
DATE
The Owner accepts the Work or designated portion thereof as substantially complete.
Owner:
BY:
DATE
11le Constl1lctioll Manager will complete or conect the Work on the list of items attached hereto within the time prescnbed in the contract from the above Date of
Substantial Completion.
DATE
CONSTRUCTION MANAGER
BY:
3
Attachment C Page 3 of 24
EXHIBIT 0
Agenda Item NO.1 OJ
November 14, 2006
Page 77 of 97
CONSTRUCTION MANAGER'S AFFIDAVIT OF CONTRACT COMPLETION
OWNER:
PROJECT: :
CONSTRUCTION MANAGER: :
CONTRACT FOR: :
CONTRACT DATE:
CONTRACT AMOUNT: :
CONSTRUCTION MANAGER'S AFFIDAVIT
I solemnly swear and affirm: That the work under the above named contract and all amendments thereto have been completed in
accordance with the requirements of said contract; that all costs incurred for equipment, materials, labor, and services against the
project have been paid; that no liens have been attached against the project; that no suits are pending by reason of work on the project
under the contract; that all Workmen's Compensation claims are covered by Workmen's Compensation insurance as required by law;
that all public liability claims are adequately covered by insurance, and that the Construction Manager shall save, protect, defend,
indemnify, and hold the Owners hannless from and against any and all claims which arise as a direct or indirect result of any
transaction, event or occurrence related to performance of the work contemplated under said contract.
CONSTRUCTION MANAGER:
(SEAL)
Title:
Date:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this (date) by (name of officer or al?ent. title of officer or agent) of (name
of Corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. HelShe is personally
known to me or has produced (type of identification) as identification.
(Signature of person taking acknowledgment)
(Name typed printed or stamped)
(Title or V cudor)
4
Attachment C Page 4 of 24
EXHIBIT 0 (CONT'O)
Agenda Item NO.1 OJ
November 14, 2006
Page 78 of 97
CERTIFICATE OF CONTRACT COMPLETION
PROJECT NO
PROJECT TITLE
CONSTRUCTION MANAGER
CONTRACT DATE:
DATE OF FINAL COMPLETION
CERTIFICATE OF DESIGN PROFESSIONAL
I CERTIFY: That the work under the above contract has been satisfactorily completed on the dale set forth in accordance with the terms of the contract; that
the Construction Manager has submitted his sworn affidavit as evidence that he has paid all labor, materials and other charges against the project in
accordance with the terms of the contract.
AlE Firm Name:
By
Date
TO BE COMPLETED BY DESIGN PROFESSIONAL
THROUGH THE SUBSTANTIAL COMPLETION PHASE
DATE
DAYS
I. Notice to Proceed (N.T.P.)
2. Time Specified in Original Contract for
Substantial Completion (S.c.)
xxxxxx
3. Extension Granted by Change Orders (Days Between
Original Contract S.c. and Final Contract S.c.)
xxxxxx
4. Total Days Allowable to Substantial Completion
(Add Lines 2 and 3)
xxxxxx
5. Project Substantially Completed as Certified by NE
(Total Days from N.T.P. through Date certified by AlE)
6. Substantial Completion Overrun (Subtract
Line 4 from 5 and Enter Overrun)
@$
Per Day=$
THROUGH 1HE FINAL COMPLETION PHASE
I. Time Specified in Contract, Between Substantial
& Final Completion
xxx XXX
2. Extensions Granted by Change Orders (Days
Between S.C. & Final Completion
xxxxxx
3. Total Days Allowable Between Substantial & Final
Completion (Add Lines I & 2)
xxxxxx
4. Date Actually Completed and Total Days Between Actual S.C
& Date Certified by AlE as Actually being Finally Completed.
5. Final Completion Overrun (Subtract Line 3 & 4
and Enter Overrun)
@$
Per Day=$
xxxxxx
TOTAL LIQUIDATED DAMAGES $
DATE:
DATE:
Owner's Representative
Construction Manager
5
Attachment C Page 5 of 24
Agenda Item No.1 OJ
November 14, 2006
Page 79 of 97
EXHIBIT G
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
EXTENSIONS PER 8.1.2(1)(b)
Individual
Title
Percentage
of Time
Available
((OffSite2>>
(<OffSite3>>
(<OffSite4>>
((OffSiteS>>
(<OffS ite6>>
((ON SITE 1 >>
<<OnSite2>)
((OnSite3>>
(<OnSite4>)
((OnSiteS>>
(<Title2)>
<<Title3>)
(<TItle4>>
<(TitleS>>
(<Title6)>
(<Title 1 }))
((Title21 >)
<(Title31 )>
<<Title41>)
(<TitleS 1 ))
(<To_Be_Assigm>
6
Attachment C Page 6 of 24
Individual
Mark Valin
Ron Schuster
Marge Connor
Nancy Lee
Dick Newsome
<<OffSite6))
<<To_Be_Assigm)
EXHIBIT H
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
Title
Project Manager
Assistant Project Manager
Project Assistant
Accountant / Bookkeeper
Estimator/Buyout
<<Title6))
7
Duration
In Months
12
12
12
12
1
Agenda Item No.1 OJ
November 14, 2006
Page 80 of 97
Percentage
of Time
Available
100
100
100
25
6
Attachment C Page 7 of 24
Agenda Item NO.1 OJ
November 14, 2006
Page 81 of 97
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
Individual
Title
Duration
In Months
Percentage
of Time
Available
Tom Stoots
Bill McGinnis
<<OnSite3>>
<<OnSite4>>
<<OnSite5>>
Superintendent
General Superintendent
<<Title31 >>
((Title41>>
(<Title51 >>
12
12
100
25
<<To_Be_Assigm>
8
Attachment C Page 8 of 24
Agenda Item No.1 OJ
November 14, 2006
Page 82 of 97
EXHIBIT J
RELEASE AND AFFIDAVIT
STATE OF FLORIDA )
COUNTY OF
Before me, the undersigned authority, personally appeared
being duly sworn, deposes and says:
, who after
(I) In accordance with the Contract Documents and in consideration of $ paid,
("Construction Manager") releases and waives for itself and its subcontractors, materialmen,
successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against Collier County,
Florida, a Body Politic, Collier County, Florida ("Owner") relating in any way to the performance of the Agreement between
Construction Manager and Owner, dated , 199_, for the period from to
(2) Construction Manager certifies for itself and its subcontractors, materialmen, successors and assigns, that all
charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a
demand against any payment bond might be filed, have been fully satisfied and paid.
(3) Construction Manager agrees to indemnify, defend and save harmless Owner from all demands or suits, actions,
claims of liens or other charges filed or asserted against Owner arising out of the performance by Construction Manager of the
Work covered by this Release and Affidavit.
(4) This Release and Affidavit is given in connection with Construction Manager's [monthly/final] Application for
Payment No._.
CONSTRUCTION MANAGER:
By:
Its:
President
Date:
Witnesses
[Corporate Seal)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
, as of , a
on behalf of the corporation. He/She is personally known to me or has produced a
no. as identification.
, 200_, by
corporation,
(state) driver's license
My Commission Expires:
Notary Public (Signature)
(AFFIX NOTARY SEAL)
(Printed Name)
(Title or Rank)
(Serial Number, if any)
9
Attachment C Page 9 of 24
Aaenda Item No. 10J
November 14,2006
Page 83 of 97
EXHIBIT K
FORM OF CONTRACT APPLICATION FOR PAYMENT
(County Project Manager) Bid No.
(County Department) Project No.
Collier County Board of County Commissioners (the OWNER) or
Collier County Water-Sewer District (the OWNER) Application Date
FROM:
(Contractor's Representative) Payment Application No.
(Contractor's Name) for Work accomplished through the Date:
(Contractor's Address)
RE:
(Project Name)
Original Contract Amount: $
Total Change Orders to Date $
Revised Contract Amount $
Total value of Work Completed
$ and stored to Date $
$ =Less Retainage $
Total earned Less Retainage $
Less previous payment (s) $
Original Contract Time:
Revised Contract Time:
Retainage @ 10% thru [insert date]
Retainage @ _% after [insert date]
% AMOUNT DUE THIS
% APPLICATION: $
Percent Work completed to Date:
Percent Contract Time completed to Date
ATTACH SCHEDULE OF VALUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION
CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress
payments received from OWNER on account of Work done under the Contract referred to above have been applied to
discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for
Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or
otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of
all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all
amounts have been paid for work which previous payments were issued and received from the OWNER and that
current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate
summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order:
By CONTRACTOR: (Contractor's Name)
(Signature) DATE:
(Type Name & Title)
(shall be signed by a duly authorized representative of CONTRACTOR)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is recommended:
By Design Professional:
(DP's Name)
(Signature) DATE:
(Type Name & Title)
Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved:
(Signature) DATE:
(Type Name and Title)
By OWNER'S Project Manager:
(Signature) DATE:
(Type Name and Title)
By OWNER'S Project Manager:
10
Attachment C Page 10 of 24
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Item No. 10J
er14,2006
ge 84 of 97
Attachment C Page 11 of 24
Agenda Item No. 10J
November 14, 2006
Page 85 of 97
EXHIBIT M
CHANGE ORDER
CHANGE ORDER NO.
CONTRACT NO.
TO:
DATE:
PROJECT NAME:
PROJECT NO.:
Under our AGREEMENT dated , 19_.
******************************************************************************
You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of
the Agreement:
For the (Additive) (Deductive) Sum of:
($ ).
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 L-J calendar days and the Substantial 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
arising out of or related to the change set forth herein, including claims for impact and delay costs.
Accepted: , 19_
CONSTRUCTION MANAGER: OWMER:
COLLIER COUNTY, FLORIDA
By:
By:
DESIGN PROFESSIONAL:
By:
12
Attachment C Page 12 of 24
EXHIBIT 0
Agenda Item NO.1 OJ
November 14, 2006
Page 86 of 97
ITEMS TO BE SUBMITTED WITH GENERAL CONSTRUCTION MANAGER'S REQUEST FOR FINAL PAYMENT
] . Rush Requisition Routing Slip
2. Pay Request (4 copies with original signatures and original seals, noted as Final)
3. Final Schedule of Contract Values
4. Consent of Surety to make final Payment (signed and sealed)
5. Power of Attorney from Surety for Release of Final Payment (Signed and sealed and dated same as Consent of
Surety)
6. Certificate of Contract Completion
a. page one completed by the general Construction Manager (original plus three copies)
b. page two completed by Design Professional (original plus three copies)
7. Satisfactory Conclusion or Release of Lien from all subcontractors or laborers who have filed Intent to Liens or have
indicated non-payment from the general Construction Manager (especially if attorneys are involved)
8. Construction Manager's Guarantee of Construction for one year from the date of substantial completion
9. Copy of the approval by the Design Professional and the transmittal to the using agency of manuals, shop drawings,
as-builts (one set of sepias, two sets of prints), brochures, warranties, and List of Subcontractors, with telephone
numbers and addresses
]0. Verification that Using Agency personnel have been trained in the operation of their new equipment (per system:
HV AC, controls, fire alarm, etc.), attendance list~ and preferred
11. Fully executed Roof Warranty (if applicable) in the name of the Using Agency
12. Other special warranties as required by specifications, in the name of the Using Agency
13. Design Professional's Certificate of Specification of Asbestos Containing Materials
14. Construction Manager's Certificate of Asbestos Use
]5. Copy of Certificate of Occupancy
NOTE: The Owner's Representative shall verify the math of all Pay Requests prior to signing Final Pay Request to assure correct
payment.
Project Number:
Project Name and Location:
Owner's Representative Signature:
13
Attachment C Page 13 of 24
The "Wright" Choice
Since 1946
Agenda Item No.1 OJ
November 14, 2006
5811 Younr~~ i6a'2f 97
Fort Myers, FL 33912
(239) 481-5000 Phone
(239) 481-2448 Fax
CGC-053444
WRIGHT CONSTRUCTION GROUP
COLLIER COUNTY FLEET FACILlTTY
EQUIPMENT RENTAL SCHEDULE
DESCRIPTION
RENTAL RATE
PER
Temp Office Trailer $500.00 MONTH
Arch/lnspector's Field Office $600.00 MONTH
Office Furnishing (Trailer
Furniture) $150.00 MONTH
Storage Trailers $200.00 MONTH
Computer/Printer( for field) $100.00 MONTH
Fax Machine $70.00 MONTH
Copy Machine $300.00 MONTH
Field Radios $150.00 MONTH/EA
wec Office Vehicle $120.00 MONTH
Attachment e Page 14 of 24
ACORD.
A enda Item No. 10J
CERTIFICAr--- OF LIABILITY INSURA~~'~E WR~~~~~ a~~~t
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PROPUCER
Collier Insurance Services
6609 Willow Park Drive .
Naples FL 34109
Phone:239-261-6116 Fax:239-261-2803
INSURERS AFFORDING COVERAGE
Ci.ncinnati Insurance Company
NArc #
10677
INSURED
Wright Construction Corp
F. G. Wright, Inc. dba
5811 Young~~st Road
Fort Myers FL 33912
COVERAGES
INSURER A:
INSURER B:
INSURER C;
INSURER D:
INSURER E:
Bridgafield E1nployars Ins. Co.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POliCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
't~ 'NSR[ TYPE OF INSURANCE POLICY NUMBER D~'1!~1MMlDDiWI DATE rMM/DDNYI LIMITS
GENERAL LIABILITY EACH OCCURRENCE 51,000,000
-
A X X OMMERCIAL GENERAL LIABILITY CPP0909170 01/01/06 01/01/07 PREMISES '(E~~~ce) 5500,000
- CLAIMS MADE ~ OCCUR
r- MED EXP (Anyone persan) 510,000
PERSONAL & ADV INJURY 5 1,000,000
I--
GENERAL AGGREGATE 52,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG 52,000,000
I POLICY !Xl ~~i n LOC
AUTOMOBILE LIABILI1Y COMBINED SINGLE LIMIT 51,000,000
-
A ~ ANY AUTO CPP0909170 01/01/06 01/01/07 (Ea accident)
ALL OWNED AUTOS BOOIL Y INJURY
--,- 5
SCHEDULED AUTOS (Per person)
I--
HIRED AUTOS BODILY INJURY
I-- $
NON-DWNED AUTOS (Per accident)
f--
- PROPERTY DAMAGE 5
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5
l ANY AUTO OTHER THAN EAACC $
, AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 58,000,000
A [J OCCUR D CLAIMS MADE CPP0909170 01/01/06 01/01/07 AGGREGATE $8,000,000
$
R DEDUCTIBLE $
X RETENTION 510,000 5
WORKERS COMPENSATION AND ITOWY:S~I~:i'S j xIOJ~-
B EMPLOYERS' LIABILITY 0830-30920 01/01/06 01/01/07 EL EACH ACCIDENT $ 500,000
M-IY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEM8ER EXCLUDED? E.L DISEASE - EA EMPLOYEE 5500rOOO
;t yeEi, :ds::ric3 under E. L DISEASE - POLICY LIMIT $ 500,000
SPECIAL PROVISIONS below
OTHER
A Property Section CPP0909170 01/01/06 01/01/07 Blkt Bldg 600,000
A Crime Section CPP0909170 01/01/06 01/01/07 Empl Dish 300,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is listed as additional insured with regards to General
Liability per attached form GA472. *30 days notice of cancellation except 10
days for non payment of premium.
CERTIFICATE HOLDER
COLLI25
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABIUTYOF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AU~ES~
Collier County Board of
County Commisioners
3301 Tamiami Tr E
Naples FL 34112
ACORD 25 (2001/08)
@ACORDCORPORATION 1988
Attachment C Page 15 of 24
I
(
Agenda Ite
November 4, 2006
Page 89 of 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL .
AUTOMATIC ADDITIONAL INSURED · WHEN
REQUIRED IN CONTRACT OR AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENE~L LIABILITY COVERAGE PART
1. SECTION \I - WHO IS AN INSURED, 2. is 2.
amended to include:
e. Any person or organization. hereinafter
referred to as ADDITIONAL INSURED:
(1) Who or which is not specifically
named as an additional insured un-
der any other provision of, or en-
dorsement added to, this Coverage
Part; and .
(2) For whom you are required to add as
an additional insured on this Cover.
age Part .
under:
(1) A written contract or agreement; or
(2) An 'oral agreement or contract where
a certificate of insurance showing
that person or organization as an
additional insured has been issued;
but only with respect to liability arising out
of "your work" performed for that addi-
tional insured by you or on your behalf. A
person or organization's status as an in-
sured under this endorsement continues
for only the period of time required by the
written contract or agreement, but in no
event beyond the expiration date of this.
Coverage Part. If there is no written con-
tract or agreement. or if no period of time
is required by the written contract or
agreement, a person or organization's
status as an insured under this endorse-
ment ends when your operations for that
insured are completed.
2. SECTION IV . COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended to in-
clude:
1. Automatic Additlonallnsured Provision
The written or oral contract or agreement
must be currently in effect or become ef-
fective'during the term of this Coverage
Part The contract or agreement also
must be executed prior to.the "bodily In-
jury", .property damage" or "personal and
advertising injury" to which this endorse-
ment pertains.
Conformance to Specific Wrltte Con-
tract or Agreement
If a written contract or agreeme t be-
tween you and the additional i sured
specifies that coverage for the ad itlonal
insured:
a.
b.
Be provided by the Insuranc
ices Office additional insure
number CG 20 10 or CG
(where edition specified); or
Include coverage for complet d op-
erations; or
3.
c. Include coverage for .your wo k";
and where the limits or cove rag pro-
vided to the additional insured is re re-
strictive than was specifically req ired in
that written contract or agreeme t. the
terms of Paragraphs 3.. 4.a.(2) a d I or
4.b., or any combination thereof, of this
endorsement shall be interpreted s pro-
viding the limits or coverage requ red by
the terms of the written cont act or
agreement, but only to the ext t that
such limits or coverage is include within
the terms of the Coverage Part t which
this endorsement is attached. I, how-
ever, the written contract or agr ement
specifies the Insurance Service Office
additional insured form number C 2010
but does not specify whi~h edi Ion. . or
specifies an edition that does n t exist.
Paragraphs 3. and 4.a.(2) of t is en-
dorsement shall not apply and Pa agraph
4.b. of this endorsement shall app y.
SECTION 1\1 . LIMITS OF INSURA CE Is
amended to include:
The limits applicable to the additional insured
are those specified in the written co tract or
agreement or in the Declarations of t is Cov-
erage Part, whichever are less. If no Ii its are
specified in the written contract or agr ement,
or if there is no written contract or agr ement,
the limits applicable to the additional insured
are those specified in the Declaration of this
Coverage Part The limits of insuranc are in-
clusive of and not in addition to the imits of
insurance shown in the Declarations.
GA472 1001
Includes copyrigh.ted material of Insurance
Services Office, Inc.. with its permission.
Pag 1of2
Attachment C Page 16 24
THE AMERICAN INSTITUTE OF ARCHITECTS
Agenda Item NO.1 OJ
November 14, 2006
Page 90 of 97
.
AlA Document A312
Performance Bond
BOND NO.929411800
Any singular reference to Contractor, Surety, Owner or other party shaH be considered plural where applicable,
CONTRACTOR (Name and Address):
Wright Construction Corp.
5811 Youngquist Rd.
Fort Myers, FL 33912
OWNER (Name and Address):
Board of County Commissioners of Collier County. Florida
3301 East Tamiami Trail
Naples, FL 34112
CONSTRUCTION CONTRACT
Date: March 28, 2006
Amount: ($ 9.272,741.10 ) Nine Milion Two Hundred Seventy Two Thousand Seven Hundred Forty One Dollars and 101100 Dollars
Description (Name and Location): Collier County Fleet Facilities
SURETY (Name and Principal Place of Business):
Western Surety Company
2405 Lucien Way
Maitland, FL 32751
BOND
Date (Not earlier than Construction Contract Date): October 19, 2006
Amount: ($ 9,272,741.10 ) Nine Million Two Hundred Seventy Two Thousand Seven Hundred Forty One Dollars and 10/100 Dollars
Modifications to this Bond: [K] None D See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Wright Construction Corp. Western Surety Company 877 -276-7511
~ /)1 / /J/) .~J_
Signature: ~_ . Slgnature;~~,-
Name and Title: Ke 1H A ~ r!:1IF.vt- Name and Title:
Vlce'i:>OCJ -n . .-'~ .1 Diane Sidebotham ,Atlcmey-In-Fact
r"~'06'N.T oulc..o\ ~'OAl ~ FL Ucensed Resident Agent
(Any additional signatures appear on page )
(FOR INFORMATION ONL V-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
Disney & Associates, P.A.
1865 Veterans Park Drive, #301
Naples, 34109
Wachovia Insurance Services, Inc.
4600 W Cypress St., Suite 200
Tampa, FL 33607
813-287-1936
AlA DOCUMENT A312. PERFORMANCe BONO AND PAYMENT BONO. DECEMBER 1984 ED. . AJA .
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W. WASHINGTON. D.C. 20006
Tl-IlRO PRINTING. MARCH 1987
A312-1984 1
Attachment C Page 17 of 24
'" The Contractor and tho Surety, jointly and severally. bind
ttwmseives. their heirs, executors. administrators, successors and
, assigns to the Owner for the performance of the Cons1ructioo
Oonl1acl,. which Is incorporated herein by reference.
2 If 1tle Contractor performS.. the Construction Contract, !he
Surety and 1he ConIraC1Or $hall have no obllgallon under thIs 8ond,
except to participate In conferflllCflS as prClllldAd In Subpanlgraph
3.1.
3 If there Is no Owner Default. the Surety's obligation undllf' thIs
Bond shalf arise after:
3.1 The Owner has notilied the Contractor and the Surety at
its address described in Paragraph 10 bEllow lhat !he Owner Is
considering deClaring a Conlraclx:lr Default and has requested
anu aUernpted to arrange a conference with the Contraclcr and
the Surety to be held not later Ihan fifteen oays after receipt of
suc:tl notice to disctJss methods of perfar'ming the Construdioo
Contract. If the OWner. the ContraClDr aOO the surety Bgree.
the Contrador shall be allowed a reason-able time to perform
the Construction Contract, bul such an agreement shaI1 not
waive 100 owner's right, If any. subsequently to declare a
Cont'aclor Default; and
3.2 The Owner has declared a Contractor Default and
formally tem1lnated the ContractQr'6 right to complete the
contract. Such Contractor Default shall not be declared earlier
than twenty days after ltle Contractor and the Surety have
received notice as provlded In Sub-paragraph 3.1: and
3..3 The owner has agreed to pay the Balance of the
contract Price to me surety in accordance will the terms of the
Construction Contract or to a contractor select8d to perform 1he
Construction Contract In acccrdance with ltle tenns of 1tle
contract with the Owner.
4 When the Owner haS satisfied the conditions of Paragraph 3.
the Suraty shall premp1ly and at the Surety's exper.se lake ene of
the following actions:
4.1 krange for the Contractor. with consent of the Owner. to
perform and complete the Construction Gentract; or
4.2 Undertake 10 perform and complete the Construction
Contract r.seIf, lhlOU{jl its agents or through independent
conlractors; or
4.3 Obtain bids or negotiated proposals from qualified
contractors acceptable 10 the Owner for a contract for
performance and eompleIlonof Ihe ConstJUction Contract.
arrange tor a contract to be prepared for eX&ClIlion by the
Owner and the contractor selected with the Owner's
concurrence. 10 be secured with pertormance and payment
bonds execul8d by a quaHfied surety equivalent to ltle bonds
Issued 01'1 the Construcllon Contract, and pay to tt1e OWner
the amount of damages as. described in Paragraph 6 in ex.
cess of the Balance of !he Contract Prtoe Incurred by the
Owner resulting from !he Contractor's default; or
4.4 Waive its right to perfoml and complete, arrange for
(completion, or obtain a new contractor and with reasonable
promplness under the circumstances:
.1 After Investigation, detennine the amount for
Agen.da Item No, 10J
Which il may be liable 10 the Own~~~ 2006
practicable after the amount Is determlfl1lda~ of 97
payment therefor to tile Owner. or
.2 Deny Hablllty In whole Of in part and nollfy the Ov,ner
clting reasons therefor.
5 If the SUMty does not proceed 8a provided In Paragraph 4 wlth
reasonable promptness. 1he Surety shall be deemed to be In
default on this Bond fifteen days aflar receipt of an addltlonal
written nolIce from the Owner to the Surety demanding that the
Surely perform its obligations under this Bond, and the Ov.f1er
shaD be entiUed 10 enforce sny remedy available tD Ih& OMter. If
the Surety proceeds as provided in Subparagraph 4.4, and the
Owner refuses the payment tendered or the Surety has denied
liability, in whole or In part, without further nollce the OWner shall
be enliUetl t\) eoforoe allY remedy llV8iIable to the OWner.
6 After tl\e Owner has tennlnated the Contractor's right to
oomplete the Construction Contract, and If the SUrety elects \0 act
under Subparagraph 4.1. 4.2, or 4.3 aboYe, then the
I'e$pOOsIbIIllies of the Surety to the Owner shaD not be greater tnsn
ltlose of the ContractOC' under the ConstructIOn Contract. and the
responsibilltles of the Own9/' to the Surety shall not be greater than
those of the OWner under the Construction Contract. To the limit of
the amount of this Bond. but subject LQ commi1ment by the Owner
of the Balance of the Contrac!. Price to mitigation of costs and
dam'ages on. the Construction Contract. the Sure~ is obligated
without duplication for:
6.1 The responslbnl1les of the CoolracfDr for correction of
defective wor1< and completion of the Construction Contract;
6.2 AdditIonal legal, design profpslonal and d&lay costs
resulting from the Contractor's Default. and resulting from the
acllons or failure 10 act of the Surety under Paragraph 4: and
1.3 liquidated damages, or If no liquIdated damages are
specifted In the ConstrucUon Contract, actual damages caused
by delayed performance or non-perforn'lance of the Contractor.
1 The Surety shall not be liable to the Owner or ott1eIS for
ObIIgaUons of Ih8 Contractor thai are unrelalad \0 th& Construdlon
Contract. and the Balance of the Contract Price shall not bel
reduced or set off on account of any such unrelal8d obligations.
No right of action shaD aeatle on this Bond to any penlOO or entity
other 1han the Owner or Its heirs. execulonl. administrators or
successor.!.
8 The Surety hereby waives notice of any change, including
changes of tille, 10 the Construction Contract or 10 f91a18d
subcontracts, purchase orders and other obflgations.
9 My proceedlno, legal or equitable, under this Bond may be
instituted In any court of competent jurisdicllOll in the location in
WhiCh 1t1e work or part of the work Is located and shalf be instituted
IIoIilhln two years after Contractor Default or within two years after
the Contractor ceased working or within two years afler the Surety
refuse$ or falls 10 perfonn Its obli08tlons under this Bond.
whichever occurs first If the provisions of \his Paragraph arc void
or prohibited by law. the minImum period of limitation avall-
- .
AlA DOCUMENT A312 . P:RFORMANCE BOND AND PAYMENT BONO . DECEMBER 1984 ED. .I>JA 8
THE AMERICAN INSTil1JTE OF ARCHITECTS 1735 NEW YORK AVe. N.W. WASHINGTON, D.C. 20006
Tl-IIRD PRINTING. MARCH 19&7
A312-1984 2
Attachment C Page 18 of 24
able 10 sureties as a defense in the jurisdiction of the suit shall be
applicable.
. 10 NoNce 10 the Surety, the Owner or the Contractor shall be
mailed or dellven;1d to the address shown on the signature page.
11 When this Bond has been fumished 10 comply with a statutory
or other legal requirement in the location where the conslructioil
was 10 be perfonned. any provision In this Bond conflicting with
said stahrtOry or legal requirement shall be deemed deieted
herefrom and provisions conforming 10 such statutory or other legal
requirement shall be deemed lncaporated herein. The intent Is that
this Bond shan be construed as il statutory bOnd and not as a
common law bond.
12 DEFlNmONS
12.1 Balance of the Contract Price: The total amount payable
by the Owner 10 the Contractor under the Construction
Contract after all proper adjustments have been made.
including allowance to the Con-
MODfFICAnONS TO THIS BOND ARE AS FOLLOWS:
A~~~d~IW~~o. 10J
tractor of any amounts received or 10 be ~~t?~ruf4 2006
OWner in settlement of insuranc:e or other c1~~2 of 97
damages 10 which the Contractor Is entilled. reduCed 5Y aU
valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
12.2 Construction Contract The agreement between the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes therelo.
12.3 Contractor Default Failure of the Contractor, which
has neither been remedied nor waived. to perfonn or
olhelwise 10 comply with the tenns of the Construction
Contract.
12.4 Owner Default Failure of the Owner. which has
neither been remedied nor waIved, to pay the Contractor as
required by the Construction Conlract or to perform and
complete or comply with the other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature:
=~~ T~: Ke rp-\ A. M
'lace rRe.s\~T
Signature:
~ Name and Title:
\t,.1),~~d~
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BONO. DECEMBER 19fJ4 eo. . PJA e
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W. WASHINGTON. D.C. 20006
THIRO PRINTING. MARCH 1987
A312-1984 3
Attachment C Page 19 of 24
Agenda Item No. 10J
November 14, 2006
Page 93 of 97
FRONT PAGE
Attached to and part of Bond No 929411_
In compliance with Florida Statute Chapter 255.05 (l)(a), Public Work.
All other Bond Page(s) are deemed subsequent to this page regardless of any page number (5) that
may be pre-printed thereon.
Contractor Name: Wright Construction Corp.
Contractor Address: 5811 Youngquist Road, Ft Myers, FL 33912
Contractor Pbone No.: 239-481-5000
Surety Company: Western Surety Company
Surety Address: 2405 Lake Lucien Way, Maitland, FL 32751
Surety Phone No.: 877-276-7511
Owner Name: Board of County Commissioners of Collier County, FL
Owner Address: 3301 East Tamiami Trail, Naples, FL 34112
Owner Phone No.: 239-774-8097
Obligee Name: N/A
(If c:oatractiog entity is differeat
from !:be OWDcr, the eontractiog public
entity)
Obligee Address: Nt A
Obligee Pbone No.: Nt A
Bond Amount: $9,272,741.10
Contract No. (if applicable) 06-3814
Description of Work: Collier County Fleet Facilities
Project Location 2901 County Barn Rd., Naples, FL 34112
Legal Description NA
Attachment C Page 20 of 24
THE AMERICAN INSTITUTE OF ARCHITECTS
!~genda Item NO.1 OJ
November 14, 2006
Page 94 of 97
.
AlA Document A312
Payment Bond
BOND NO. 929411800
Any singular reference to Contractor. Surety, ONner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Wright Construction Corp.
5811 Youngquist Rd.
Fort Myers, FL 33912
OWNER (Name and Address):
Board of County Commissioners of Collier County, Florida
3301 East Tamiami Trail
Naples, FL 34112
CONSTRUCTION CONTRACT
Date: March 28,2006
Amount: ($ 9,272,741.10) Nine Milfion Two Hundred Seventy Two Thousand Seven Hundred Forty One Dollars and 101100
Description (Name and Location): Collier County Fleet Facilities
SURETY (Name and Principal Place of Business):
Western Surety Company
2405 Lucien Way
Maitland, FL 32751
DoOars
BOND
Date (Not earlier than Construction Contract Date): October 19. 2006
Amount: ($ 9,272,741.10 ) Nine Million Two Hundred Seventy Two Thousand Seven Hundred Forty One Dollars and 101100 Dollars
Modifications to this Bond: D None m See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Wright Construction Corp. Western Surety Company 877-276-7511
~ ,/J.. I' .,ry j!
Signature: :1;\- Signature: (~ )~~/i/Y'-
Name and Title: t< ~1'\i A,~~ Name and Title:. S' b h .
\ I ,e ~ "i) _ Diane Ide ot am ,Attomey-In-Fact
V''-COo T"'E.S'~ outl.Dl ~""~ucensed Resident Agent
(Any additional signatures appear on pag;~)' - .
Wachovia Insurance Services, Inc.
(FOR INFORM A nON ONL V-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
or other party):
Disney & Associates, P.A.
1865 Veterans Park Drive, #301
Naples, 34109
4600 W Cypress St., Suite 200
Tampa, FL 33607
813-287-1936
AlA DOCUMENT A312 . PER~CE BOND AND PAYMENT BOND. DECEMBER 1984 ED. . NA e
THE AMERICAN INSllTUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W. WASHINGTON. D.C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 4
Attachment C Page 21 of 24
l' The ConlnJctor and the Surety, jointly and severally, bind
. ttlemSehoeS, their heirs. executors, administrators, successors and
. assigns to tl18 Owner 10 pay for labor, maletials and equipment
. furnlsned for use in Ihe performance of the Cons1nJcllon Contract,
which is incorporated herein by reference.
2 With respect to the Owner, thill obligation shall be null and void If
the Contraclor.
2.1 PrompIly makes payment. dlrecUy or indlreCt/y, tor all sums
due Claimants, SIlO
2.2 Defends, indemnifies and holds hannless the OWner from
claims, demands, liens or suIts by any person or entity \'hlose
dalm, demand, lien or suit Is for the payment for labor, rmderials
or equipment fumished for use in the pertonnance of the
Constructiot\ Contract, provided tho Owner has prompUy no1lfled
the Contractor and the Surety (at the address described in
Paragraph 12) of any Claims, demandS, l!ellS or suits and
tendered defense of such claims. demands, lens or suits to the
Contractor and the Surety, and provided there Is no Qy.'Ilef
Default
3 WI1h respect to C1aimanttl, this obligation shall be null and void
If the Contractor promptly makes payment. directly or indirectly, for
aU sums due.
4 TIle Surety shall have no obRgatlOll to Claimants under this
Bond until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described tn Paragrap\'l12) and sent a copy, or notice thereof. to
the Owner, stating that a claim is being made under this Bond aod,
with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract wi1l1 the
Contractor:
.1 Haw fumished written notice to !he Contractor and sent a
copy. or notice thereof, to the Owner, within 90 days after having
last performed labor or last furnished materials or equipment
included In the claim staUng,. with substantial accuracy. the
amount of 1I1e daim and the name of the party to whom the
materials were furnished or supplied or for whom the labor was
done Of petfonned; and
.2 Have either received a rejection in wI10Ie or In part from the
Contractor. or not received within 30 days of furnishing the
abOve notice any communication from 111& Contractor by v.tllch
the Contractor has Indicated the claim will be paid directly or
Indirectly: and
.3 Not having been paid within the abOve 30 days, have sent a
writlen notice to the Surety (a\ the address: described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating thai a claim is being made under this Bond and enclosing
a copy of the prellious written notice fumished to the Contractor.
5 If a nolice required by Paragraph 4 is given by the OWner 10 the
Contractor Of to the Surety, that is sufficient compliance.
8 When the Claimant has satisfied the concIl~ ~o. 1 OJ
the Surety shaH promptly snd at the Surety's B~lWe~e ~ 2fOOg67
following actions: age 0
8.1 Send an answer to the Claimant, with a copy to the
Owner. withln 45 days after receipt of the claim, stating the
amounts that are undisputed and the basis for challenging any
amounts that are disputed.
6.2 Payor arrange for payment of any undiSputed amounts.
7 The Surety's total obligation shall not exceed the amount of this
Bond, and the amount of this Bond shall be aedlt&d for any
payments made In good faith by the Surety.
a Amounts owed by the OWner to the Contractor under the
Construction Contract shall be used for \he performance of the
Construclion Contract and to satisfy claims, If any, under any
COnsllUction performance Bond. By the Contractor furnishing and
!he Owner accepting this Bond, they agree that aU funds earned by
lheContractor in the performance of the Construction Contract are
dedicated to satisfy obligatIonS of the Contractor and the Surety
under this Bone!, subject to the Owners pl10rIty to use the funds fer
the oompletion of the work.
9 The Surety shall not be flabls to the OWner. Claimants or olhefs
for obligations of the Contractcf 1tIat are unrelated to Ih8
ConstrucUon Contract. The Owner shall not be \lable for payment
of any costs or expenses of any Claimant under 'this Bond, and
shall have under this Bond no obligations to make payment!> to,
give rlotlces on behalf of, or otherwise have obligations to
Claimants under this Bond.
16 The Surety hereby waives noIlce of any change, Including
changes of time. 10 the ConsIrUcIlon Contract or to mlated
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this
Bond other fhan in a court or competent jurisdiction In the IocaIion
in which the work or part of the wor\< is located or after the
expiration or one year from the dale (1) on which the Claimant
gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or
(2) on which !he last labor or service was performed by enyone or
the last materials or equipment were fumished by anyone under
the ConstrucUon Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by laW, the
minimum period of limitation available \0 sureties as a defense in
the Jurisdiction of the suit shaU be appllcable-
12 Notice 10 the Surety, the Owner tx' the Contractor shall be
mailed or delivered to the address shawn on the signature page.
Actual receipt of notice by Surety, the Owner or the Contractor,
however accomplished. shall be sufficient compliance as of the
date received at the address shown on the signature page.
13 When this Bond has been furnished to comply with a stalutocy
or other legal requirement in the locatlon where the construction
was to be performed, any provision in this Bond oonfllcting with
said $tntutory or legel l1lGuirement shaH be deemed deltJ~
herefrom and provisions COllformlng to such statutory or other
legal requirement shall be deemed tncorpora1ed herein. The Intent
is that Ihis
AlA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED. · f;JA (!I
THE AMERICAN INSTIT1JTt OF ARCHITECTS 1735 NeW YORK AVe. N.W. WASHINGTON, D.C. 20000
THIRD PRINTING. MARCH 1987
A312-1984 5
Attachment C Page 22 of 24
Bond shaD be construed as a statutoly bond and not as a common
lay.< bc1nd.
. 14 Upon request by any person or entity appearing to be a
potential beneflclary of this Bond, the Contractor shall prompUy
furnish a copy of this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 C1almant An individual or entity having a direct contract
'NIth the Contractor or wi1h a subcontractor of the Contractor
to furnish labor, materials or equipment for use in !he
perfonnance of !he Contract. The intent of this Bond shall be
to Include without Umltatlon in the tenns "labor, materials or
equipment- that part of water. gas, power, light. heat, oil,
gasoline, telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Aqenda Item No. 10J
Con:muction . Contract, architectural ~/~~~ 2006
seMC8S reqUired for performance of 'the y ~ . a
Contractor and the Contractor's subcontractors, ~ ~ of ~ 7
other items for which a mechanic's lien may be asserted in
the jurisdiction where !he labor, materials or equipment
were furnished.
15.2 Construction Contract The agreement between the
Owner and the Contractor identified on the signature page,
includlng aU Contlact Documents and changes !hereto.
15.3 Owner Default Failure of the Owner, which has
neither been remeared nor waived, to pay the Contractor as
required by the Construction Contract or to perform and
complete or comply with the other terms thereof.
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 FLORIDA STATUTES, AND ANY ACTION
INSTITUTED BY A C~IMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH
THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2}, FLORIDA STATUTES.
CONTRACTOR AS PRINCIPAL
Company:
(Space is provided below for addItional signatures of added parties, other than those appearing on the cover page,)
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature;
~ Name and Trtle:
w..DuJ". ~Ir~
AlA DOCUMENT A312 . PERFORMANCE BONO AND PAYMENT BOND. DECEMBER 11184 ED. . AJA ~
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W. WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
Ij
A312-1984 6
Attachment C Page 23 of 24
Western Surety Company
Agenda Item No. 10J
November 14, 2006
Page 97 of 97
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly orgllIlized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota. and that it does by virtue of the signature and scaI herein afTtxed hereby
make, constitute and appoint
John R. Neu, Diane Sidebotham, Carol H Hermes, James R Millar, Individually
of Tampa, FL, its true and lawful AttOrney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instnllllents of similar natUre
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof; duly adopted, as indicated. by
the shareholders of the corporation.
10 Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 3rd day of October, 2005.
WESTERN SURETY COMPANY
-/?/r:5}g'
Paul . Bruflat, Senior V ice President
State of South Dakota
County of Minnehalta
On this 3rd day of October, 2005, before me personally came Paul T. Brutlat, to me Icnown, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
} ss
November 30, 2006
+................................................... +
$ D. KRELL $
, ,
~NOrARY PUBI.IC~$
:~SOUTH DAKCn'A~$
+~..~~..........~....__....._.....~~....+
~
~M~
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 19th day of October , 2006
WESTERN SURETY COMPANY
cr
~.4~.
L_ Nelson, Assistant Secretary
Fonn F428ll-01-02
Attachment C Page 24 of 24
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to authorize the Chairperson of the
Board of County Commissioners to execute a memorandum of understanding between the City of
Marco Island and the Collier County Solid Waste Management Department, Public Utilities
Division, for the acceptance, and appropriate beneficial use of milled asphalt, crushed concrete,
and non-contamlnated soli at the Collier County Landfill by Waste Management Incorporated of
Florida (WMIF). The fair market unit price of the beneficial use material will be utilized to off set the
total cost for the proper disposal of the City of Marco Island's asbestos contaminated soli.
OBJECTIVE:
To provide the City of Marco Island with an EPA and FDEP approved site for the appropriate disposal of
asbestos contaminated soil, and to provide beneficial commodities to WMIF, and the County of Collier, for
the construction of temporary roads and working face cover material at the Collier County landfill.
CONSIDERATION:
In accordance with the County Commission adopted solid waste fee schedule, the Solid Waste
Department currently accepts materials, without a fee, which have a beneficial use for the construction of
temporary roadways at the landfill site, can be utilized as soil cover, or can be utilized as reef material at
the Collier County landfill. The fair market credits for the beneficial materials will be utilized to off set the
. costs associated with the proper disposal of asbestos contaminated soil. The Collier County landfill is
certified to accept such materials in accordance with EPA and FDEP permitting requirements.
FISCAL IMPACT:
There will be no fiscal impact to the County of Collier since the City of Marco Island will be responsible for
the cost difference between the beneficial use commodities and the asbestos contaminated soils.
GROWTH MANAGEMENT IMPACT:
There is no impact on the Growth Management Plan.
RECOMMENDATION:
That the Board of County Commissioners authorize the Board Chairperson the authority to execute the
memorandum of understanding between the City of Marco Island and the County of Collier.
PREPARED BY: Kenneth Lee Resor, Solid Waste Management Department, Operations Manager
~~
~ \Om
~\\H\Olp
MEMORANDUM OF UNDERSTANDING
BETWEEN
COLLIER COUNTY SOLID WASTE MANAGEMENT DEPARTMENT,
PUBLIC UTiliTIES DIVISION
AND
THE CITY OF MARCO ISLAND, FLORIDA
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by
and between the Collier County Solid Waste Management Department, Public Utilities
Division, (hereinafter "Department"), and The City of Marco Island, Florida, (hereinafter
"City").
A. PURPOSE:
The purpose of this MOU is to develop a mutually beneficial arrangement between the
Department and the City in regard to the disposal of asphalt, concrete, and soil (hereinafter
"Material"), and soil that may contain small fragments of asbestos cement (alc) pipe, for
use and disposal at Collier County's Solid Waste Facilities.
B. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The City benefits include an understanding that materials and soil containing a/c pipe
fragments may be transported to the Department's solid waste landfill for use and disposal
as deemed appropriate by Collier County at disposal fees defined herein.
The benefits for Department through this cooperative effort is the ability to acquire
materials at a cost as provided herein for the benefit of the Collier County Landfill, and
revenue for the lawful disposal of material and asbestos-containing material at the Collier
County Landfill.
C. CITY ANDIOR ITS CONTRACTOR(S):
1. Shall transport material to the Collier County Landfill, with such transport costs to be
paid by City or its contractors.
2. Shall transport concrete pieces to the landfill where it will be crushed by City and/or
its contractor(s) for use by the WMIF as they deem appropriate.
3. Shall transport asphalt pieces to the landfill where it will be milled by City and/or its
contractor(s) at the landfill site for use by WMIF as they deem appropriate. The
asphalt will be processed/milled to the specifications of WMIF and in accordance
with Title V of the Clean Air Act.
4. Shall transport clean fill soil to the Collier County Landfill for use by WMIF as they
deem appropriate.
11/1312006
5. Shall transport to the Collier County Landfill asbestos contaminated soil for
placement in a lined cell at the landfill in accordance with appropriate DEP and EPA
regulations.
6. Shall identify asbestos contaminated soil and inform Collier County and/or WMIF
accordingly, so that material may be properly disposed of as a regulated material.
7. Shall test material for metals prior to transport, with such test results provided to
Collier County or WMIF.
D. THE DEPARTMENT AGREES TO:
1. Consistent with current county procurement policy, there will be no fee for material
deposited at the county landfill which will be used as landfill cover or road base
material.
2. Provide a credit of $15 per ton to City for processed/milled asphalt.
3. Provide a credit to the City for other material such as clean fill soil and crushed
concrete at the market value of such materials at the time of receipt at the Collier
County Landfill.
4. Allow the landfill disposal of asbestos contaminated soil at the rate of $59.71 per
ton, as approved by the county's adopted fee schedule. Such disposal costs shall
be offset by the credits for materials as provided in (2) and (3) above.
5. Designate an area of the Collier County Landfill where materials may be
accumulated and subsequently processed and milled to the specification of the end
user.
6. Provide for a scale house so that materials may be weighed in order that
appropriate credits and costs may be calculated.
7. Provide a delivery manifest for material provided by the City of its contractor(s).
E. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. REGULATIONS. CODES. AND STANDARDS. Each party shall comply with all
regulations, codes, and standards including, but not limited to:
a. Occupational Safety and Health Administration, US Department of Labor.
b.
National Emission Standards for Hazardous Air
Environmental Protection Agency (EPA).
State of Florida, Collier County, and City of Marco
ordinances as applicable.
Pollutants. US
c.
Island codes and
2
11/1312006
2. MODIFICATIONS. Modifications within the scope of this instrument shall be made
by mutual consent of the parties by the issuance of a written modification, signed
and dated by all parties, prior to any changes being performed.
3. TERMINATION. Parties, in writing, may terminate this instrument in whole, or in
part, at any time upon thirty (30) days written notice.
4. PRINCIPAL CONTACTS. The principal contacts for this instrument are:
CITY:
A. Rony Joel, P.E., DEE
Public Works Director
City of Marco Island
50 Bald Eagle Drive
Marco Island, Florida 34145
Phone: 239-389-5000
Fax: 239-389-4359
Email: rioel@citvofmarcoisland.com
DEPARTMENT:
Kenneth L. Resor, Operations Manager
Solid Waste Management Department
Collier County Government Center
3301 Tamiami Trail E., Bldg. H, 3rd Floor
Naples, Florida 34112
Phone: 239-732-2508
Fax: 239-774-9222
KennethResor@collieraov.net
5. COMMENCEMENT/EXPIRATION DATE. This instrument is executed as of the
date of last signature and is effective through December 31, 2007 at which it will
expire unless extended.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the last
written date below.
CITY OF MARCO ISLAND, FLORIDA
A. William Moss
City Manager
DATE
ATTEST:
City Clerk
DATE
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
Frank Halas DATE
Chairman Board of County Commissioners
3
11/1312006
Agenda Item No. 16A 1
November 14,2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Classics Plantation Estates
Phase Four", approval of the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Classics Plantation Estates Phase Four", a subdivision
of lands located in Section 22, 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 "Classics Plantation Estates Phase Four". These documents are
in compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
Engineering Services Department recommends that the final plat of "Classics Plantation Estates
Phase Four" be approved for recording.
FISCAL IMPACT:
The project cost is $608,780.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $193,394.67
- $415,385.33
The Security amount, equal to 110% of the
project cost, is $669,658.00
The County will realize revenues as follows:
.-.
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $19,343.40
,~-..
.--
Agenda Item No. 16A 1
November 14, 2006
Fees are based on a construction estimate of $608,780.00 and were paidFiroMeyf 4
2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$1,080.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $1,450.46
c) Drainage,
Paving, Grading (.75% const. est.) - $3,115.39
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $4,351.38
e) Drainage, Paving,
Grading(2.25%const.est.) - $9,346.17
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 "Classics Plantation
Estates Phase Four" for recording with the following stipulations:
1. Approve the amount of $669,658.00 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A1
November 14. 2006
Page'4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16.~1
Recommendatton to approve for recording the final plat of ClasSIcs Plantatlon Estates Phase
Four, approval of the standard form Construction and ilJ'iaintenance Agreement and approval
of the amount of the performance security
11/14/2006900:00 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
10/12/200611:19:45 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10112/200612:57 PM
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COES Engineering Services Director
CDE5 Engineering Services
10118120069:21 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
10123/20069:18 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmentaf Services
Community Development &
Environmentaf Services Adminstrator
D<lte
Community Development &
Environmentai Services Admin.
10/231200612:49 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assrstant
Office of Management & Budget
10/25/20067;22 AM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
10/25:20068:34 AM
Apprond By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10127/20063:31 PM
Agenda Item No. 16A2
November 14, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Town homes at Raffia
Preserve", 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 "Town homes at Raffia Preserve", a subdivision of lands
located in Section 34, 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 construction drawings,
specifications, and final plat of "Town homes at Raffia Preserve". 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 "Town homes at Raffia
Preserve" be approved for recording.
FISCAL IMPACT:
The project cost is $3,302,324.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $1,147,042.67
- $2,155,281.33
The Security amount, equal to 110% of the
project cost, is $3,632,556.40
The County will realize revenues as follows:
-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $100,719.72
Agenda Item No. 16A2
November 14, 2006
Fees are based on a construction estimate of $3,302,324.00 and were paifMl!i1"'l 2 of 4
June, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,650.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 8,602.82
c) Drainage,
Paving, Grading (.75% const. est.) - $16,164.61
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $25,808.46
e) Drainage, Paving,
Grading(2.25%const.est.) - $48,493.83
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of
the construction plan final approval letter.
ENVIRONMENTAL ISSUES:
-
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts. If during the course of site clearing,
excavation or other construction activity, a historic or archaeological artifact is found, all
development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Town homes at Raffia
Preserve" for recording with the following stipulations:
1. Approve the amount of $3,632,556.40 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
,-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A2
November 14, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16,.':..2
Recommenaatlon to approve for recording the final pia! of T ownhomes at Raffia Preserve
apDfoval of the stanaard ferm Construction and Maintenance Agreement and approval of the
amour-,t of the performf:lnc.e security
11/14/2006900.00 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Ser\.lices
10/24/200612:56:12 PM
Date
Approved By
Thomas E. Kuck. P.E.
Community Development &
Environmental Ser'lces
GOES Engineering Services Director
COES Engineering Services
10/24/20063:14 PM
Date
Approved By
Constance A_ Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/26/2006 9:04 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental S~rvices Admin.
10/261200612:56 PM
App roved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services. Admin.
10/27/20067:57 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10'30;20068:27 AM
Date
Approved By
Mark Isackson
County Manager's Office
E udget Analyst
Office of Management & Budget
10;30/200610:09 AM
Date
App roved By
James V. Mudd
Board of County
Commissioners
County Manoger
County Manager's Dffice
10131120066:27 PM
Agenda Item No. 16A3
November 14, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Liberty Landing", 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 "Liberty Landing", a subdivision of lands located in
Section 31, Township 46 South, Range 29 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 "Liberty Landing". 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 "Liberty Landing" be
approved for recording.
FISCAL IMPACT:
The project cost is $2,673,562.66 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 574,993.33
- $2,098,569.33
The Security amount, equal to 110% of the
project cost, is $2,940,918.93
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: $64,032.08
Agenda Item No. 16A3
November 14, 2006
Fees are based on a construction estimate of $2,098,569.33 (does not incftmS2 of 4
Immokalee Water Sewer District improvements) and were paid in July, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,075.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ n/a
c) Drainage,
Paving, Grading (.75% const. est.) - $15,739.27
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ n/a
e) Drainage, Paving,
Grading(2.25%const.est.) - $47,217.81
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 "Liberty Landing" for
recording with the following stipulations:
1. Approve the amount of $2,940,918.93 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
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
November 14, 2006
Page 4 of 4
COLLIER COVNTY
BOARD OF COUNTY COMMISSIONERS
16.A.3
Recommendation to approve for recording the final pial of Liberty Landing approval of the
standard form Construction and Mallilenance ,'!:',greement and approval of the amount of the
performance security
11/14/200690000 AM
Date
Prep. red By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
10/24/20061:29:38 PM
Date
Approved By
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
COES Engineering Services Director
COES Engineering Services
10/24/20063:14 PM
Date
Approved By
Constance A- Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/26/2006 9:04 AM
Date
Approved By
Marlene Stewart
Community Development &
Environmental Sen/ices
Executive Secretary
Community Development &
Environmental Services Admin.
1012612006 12:50 PM
Approved By
Joseph K. Scnmitt
Community Development &
EnvIronmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Ser..rices Admin.
10/27120067:58 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Ass.istant
Office of Management &. Budget
10130120068:27 AM
Mark Isackson
Date
Approved By
County t,,'anager's Office
Budget Analyst
Office of Management & Budget
101301200610:23 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/31120066:34 PM
Agenda Item No. 16A4
November 14, 2006
Page 1 of 4
.....-
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Artesia Naples Phase 2",
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 Phase 2", 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 Phase 2". 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 Phase 2"
be approved for recording.
FISCAL IMPACT:
The project cost is $2,597,205.33 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 867,161.33
- $1,730,044.00
The Security amount, equal to 110% of the
project cost, is $2,856,925.86
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: $79,251.16
Agenda Item No. 16A4
November 14, 2006
Fees are based on a construction estimate of $2,597,205.33 and were pald9Wl2 of 4
January and June, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,335.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 6,503.71
c) Drainage,
Paving, Grading (.75% const. est.) - $12,975.33
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $19,511.13
e) Drainage, Paving,
Grading(2.25%const.est.) - $38,925.99
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 Phase 2"
for recording with the following stipulations:
1. Approve the amount of $2,856,925.86 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
Item Number:
Item Summary:
Meeting Date:
Agenda 11em No. 16A4
November 14, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
161'.4
Recommendation to approve for recording the final plat of Artesia Naples Phase 2, approval
of the standard form Construction and Maintenance Agreement and approval of the amount
of the performance security.
11/14/2006900:00 AM
Senior Engineer
Dale
Prepared By
John Houldsworth
Community Development &
Environmental Services
Engineering Services
10/18/20067:15:03AM
COES Engineering Services Director
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COES Engineering Services
10/18/20069:22 AM
Approved By
Date
Constance A, Johnson
Communfty Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/26/20069:03 AM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
10/26/2006 2:08 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/27/20067:55 AM
OMS Coordinator
Date
-
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/30/20068:26 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
10130/20069:19 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
10/31120062:08 PM
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Agenda Item No. 16A5
November 14, 2006
Page 1 of 4
EXECUTIVE SUMMARY
c-
Recommendation to approve for recording the final plat of "Lipari - Ponziane", 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 "Lipari - Ponziane", a subdivision of lands located in
Section 32, 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 "Lipari - Ponziane". 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 "Lipari - Ponziane" be
approved for recording.
FISCAL IMPACT:
The project cost is $936,989.34 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $416,570.67
- $520,418.67
The Security amount, equal to 110% of the
project cost, is $1,030,688.27
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: $30,979.68
Agenda Item No. 16A5
November 14, 2006
Fees are based on a construction estimate of $936,989.34 and were paidFjro~Ul}0,f 4
2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 2,870.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 3,124.28
c) Drainage,
Paving, Grading (.75% const. est.) - $ 3,903.14
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 9,372.84
e) Drainage, Paving,
Grading(2.25%const.est.) - $11,709.42
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 "Lipari - Ponziane" for
recording with the following stipulations:
1. Approve the amount of $1,030,688.27 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
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A5
November 14, 2006
Page 4 of 4
COLLIER COmITY
BOARD OF COUNTY COMMISSIONERS
16.-\5
Recommendation to approve for recording the final plat of Lipari - Ponziane approval of the
standard ~Drm Construction and Maintenance Agreement and approval of the amount of the
performance security
11/14/2006 90000 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
10/25/20067:37:39 AM
Date
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
COES Engineering Services Director
COES Engineering Services
10125/20068:33 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/26/20069:16 AM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
10/26,'2005 11 :45 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services A.dmin.
10127120067:59 AM
Date
Approved By
OM B Coordinator
County Manager's OffIce
Administrative Assistant
Office of Management & Budget
10130120068:28 AM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Mamlgement & Budget
1013012006 10:50 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/31/20067:01 PM
Agenda Item No. 16A6
November 14, 2006
Page 1 of 8
_.
EXECUTIVE SUMMARY
Recommendation to approve the after-the-fact submittal of a National Fish and Wildlife
Foundation Grant for the Collier County Sea Turtle Disorientation Prevention Plan and proceed
with the development of an inter-local agreement with the City of Naples subject to grant
approval.
OBJECTIVE: To implement a sea turtle disorientation prevention plan by planting light screening
vegetation at County and City of Naples beach accesses and remove the current access lights in the City
of Naples and replace with "sea turtle friendly" lighting.
CONSIDERATIONS: The Environmental Services Department was approached by the National
Marine Fisheries Service and the Florida Fish and Wildlife Conservation Service requesting assistance
with preventing sea turtle disorientations within the County and City of Naples by planting light
screening vegetation and replacing beach access lights in the City of Naples. Together with the City of
Naples, a plan was developed for grant funding through the National Fish and Wildlife Foundation for
the amount of $132, 196.
-
Collier County and the City of Naples, were hit by Hurricane Charley in August, 2004, Since this time
additional hurricanes have impacted the area including Hurricane Wilma in October, 2005. Damages
caused to the beaches, dunes and lighting at beach accesses have been significant and there has been an
increase in sea turtle hatchling disorientations. Florida Power and Light (FPL) replaced some of the
damaged light fixtures with inappropriate lights which now illuminate the beach. Many of the light
screening trees were severely damaged or lost as a result of the last several years of hurricanes
commencing with Hurricane Charlie. The grant funding will replace lost vegetation and replace the
lights at beach accesses with no matching funds required.
The County Manager approved submittal of the application on October 18, 2006 since there was not
sufficient time for Board of County Commissioners approval prior to the November 1, 2006 grant
application deadline.
Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant
applications with subsequent Board of County Commissioners action at the next available Board
meeting to ratify the approval as "after-the-fact."
FISCAL IMPACT: The total project cost is expected to be $132,196. The Environmental Services
Department will be requesting $132,196 in grant funds from the National Fish and Wildlife
Foundation. There are no matching funds and no additional County funds will be required. No funds
were budgeted for this grant. Staff will process a budget amendment for the awarded grant amount
when it submits the contract to the Board for approval.
GROWTH MANAGEMENT IMP ACT: The grant money will support the Conservation and
Coastal Management Element Policy 7.1.2 and Objective 7.3 of the County Growth Management Plan.
RECOMMENDATION: To approve the after-the-fact submittal of a National Fish and Wildlife
Foundation Sea Turtle Disorientation Prevention Plan in the amount of $132,196 and proceed with the
development of an inter-local agreement with the City of Naples subject to grant approval.
.-..
PREPARED BY: Maura C. Kraus, Principal Environmental Specialist
Ilem Number:
Ilem Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16.116
November 14, 2006
Page 2 of 8
16.116
Recommendation to approve the after-the~fact submittal of a National Fish and VVildlife
Foundation Grant for the Collier County Sea Turtle Disorientation Prevention Plan and
proceed with the development of an inter-local agreement with the City of Naples subject to
grant approval
11114/2006 9.0000 AM
Date
Prepared By
Maura Kraus
Community Development &
Environmental Services
Principal Environmental Specislist
Environmental Services
10/17/20063:08:12 PM
Marlene J. Foard
Date
Approved By
Administrative Services
Grants Coordinator
Administrative Services Admin.
10/19/2006 9:00 AM
App roved By
William D. Lorenz, Jr" P.E.
Community Development &
Environmental Services
Environmental Services Director
Environmental Services
Date
10/19120069:35 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Comm unity Development &
Environmental Services Admin.
10/261200610:59 AM
Marlene Stewart
Date
Approved By
Community Development &
Environmental Services
Executive Secretary
Community Development &
Environmental Services Admin.
10/26/20062:48 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin,
Date
10/27/20067:55 AM
OMS Coordinator
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/30/2006 8:26 AM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
10130/20061.1:57 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
10/31/200611:16 AM
~
Administrative Services Division
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
marlenefoord(Q)colliereov.net
(239) 774-8971
(239) 774-8720 (fax)
TO:
Jim Mudd, County Manager
CC:
Maura Kraus, Principal Environmental Specialist
Marlene FoorJ;t'rants Coordinator
FROM:
DATE:
October 17, 2006
Agenda Item No. 16A6
~~ovember 14, 2006
. 'h Page 3 of 8
REC' I\lE~O ~"'. '" --., .
C t"..u...: , ~"'i"I..jAGER OFFiCE
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Applications Reviewed and Approved
by County ag, 0 . e
submittal:
cou, M~ger
/0, ~ (date)
After-the-Fact Approval by the BCC is
required at the November 14,2006 BCC
meeting.
SUBJECT:
The Environmental Services Department is developing an application for the above program to seek
funding for the Collier County Sea Turtle Disorientation Prevention Plan.
An informal pre-proposal was submitted in June and Collier County was subsequently invited to
submit a full proposal, however the invitation was received in late September and the deadline for full
proposals is November 1 st. Since there is not sufficient time to request approval of the Board of
County Commissioners prior to this deadline, it is necessary to request your review and approval to be
followed by after-the-fact approval of the Board of County Commissioners during the November 14th
meeting.
Once you have reviewed the application please sign in the box above and call me at 774-8971 for
pickup. This application will be submitted online and does not require an actual signature on any of
the documents.
Thank you. Please let me know if you have any questions.
Agenda Item No. 16A6
November 14, 2006
Page 4 of 8
Print ApplicationNational Fish and Wildlife Foundation GRANT APPLICATION
proposal ID of 13517
Applicant Information APPLICANT INFORMATION
Project Name: Sea Turtle Disorientation Prevention Plan
Organization: Collier County Environmental Services Department
Organization Type: State or local government
Primary Contact
(Title, First Name, MI, Last Name, Suffix)
Ms. Maura C Kraus
Street Address:Collier County Environmental Services Department
2800 North Horseshoe Drive
City, State, Zip and
Naples, FL 34104
Phone: 239-213-2952
Fax: 239-213-2960
Primary Email:
MauraKraus@colliergov.net
Secondary Email:
Organization's Internet Address: www.colliergov.net
Financial Officer
(Title, First Name, MI, Last Name, Suffix)Ms. Crystal Kinzell
Phone 239-774-8356 Ext.
Fax: 239-774-6179
Email:crystal.kinzel@c1erk.collier.fl.us
Tax ID#: 59-60000558
Fiscal Year End (MM/DD): 08/30
PROJECT INFORMATION
Project Site:
Collier County and the City of Naples beach accesses. Owned by the City
Country:
United States
Ext.
of
Naples and Collier County.
Project Site Location Zip Codes: ZIP
CodeCityCountyStateCongressional Dist.-
34102NaplesCollierFLFL14
Anticipated Period of Performance: Project Start
Date (MM/DD/YYYY) :01/0l/2007Project End Date (MM/DD/YYYY) :12/31/2007
Application Submission Date (MM/DD/YYYY) : 10/17/2006
FUNDING INFORMATION -- in U.S. dollars
Line-ItemRequested NFWF FundsMatching Funds
Salaries and Benefits:$O$O
Explanation:
Equipment: $97,496$0
Explanation:Lumec single 35w LPS -Domus. with VR302 arm and AM6 pole
$2500 X 30 = $ 75,000
Lumec double 354 LPS -Domus- with VR302 arm and AM6 pole $3416.00 X 6=
$20,496
Vegetative light screening plants 200 @ 3 gallon plant @ $ 10.00 ea -.
$2,000
Other:$34,700$0
Explanation:This project will go out for bids.
Contractual services include for removal of old light poles 33@ $200ea=$6,600
Installation of concrete foundation and wiring expenses 33@$800ea=$26,400
Installation of woody light screening plants (seagrapes) 200@$5 ea=$l,OOO
Permits:$500
Agenda Item No. 16A6
November 14, 2006
Page 5 of 8
Press releases:$200
Totals$132,196$0
Sources of Matching Funds
-Source: Amount: Status:
Sources of Non-matching Funds
-Source: Amount: Status:
Narrative Information PROPOSAL NARRATIVE
Please provide a comprehensive narrative to describe your project. This
section enables applicants to provide an expanded and complete
description
of the proposed project so that the Foundation may fully assess
conservation merits, scientific underpinnings, and operational
feasibility.
Project Sumary:
Plant native light screening vegetation along the County and City beach
accesses. Replace current
electric pole lights along the City of Naples beach accesses with sea turtle
friendly lighting.
Conservation Need:
Conservation needs include improving sea turtle nesting habitat by preventing
adult and hatchling
disorientations associated with artificial lighting. There is a significant
level of urgency due
to the fact that much vegetation was lost during hurricane events beginning
with Hurricane Charley
on August 13, 2004. Many electric light poles at beach accesses were damaged
and or replaced with
inappropriate light fixtures. The scale of this project is appropriate
because it incorporates the
cooperation of county and city governments in an effort to provide more
suitable nesting habitat.
The project is consistent with local growth management plans as well as State
and Federal Recovery
Plans and Strategies. The project is not a continuation of a past Foundation
funded project.
Objectives:
1. To reduce the effects of artificial lighting on sea turtle nesting beaches
and dunes.
2. To encourage sea turtle nesting.
3. To prevent sea turtle disorientations.
4. To increase dune habitat by usage of light shielding vegetation.
5. To allow for public safety at beach accesses.
6. To increase public awareness and local knowledge on the importance of
reducing artificial
lighting on local beaches.
7. To provide an example for other communities on the importance of local,
state and Federal
government coordination for the establishment of a sea turtle friendly beach.
Logic Framework:
Activities S94;Project Outputs S94;Post-Project Outcomes
Agenda Item No. 16A6
November 14, 2006
Page 6 of 8
→Indicator →Baseline
Value →Predicted Value of Project Output →Predicted Value
of Post-Project
Outcome
Replacing light fixtures at beach accesses with appropriate low level
low pressure sodium fixtures and to reestablish light shielding dune
vegetation. *To provide for safe beach accesses that reduces artificial
lighting from shining on sea turtle nesting beaches*To provide for more
suitable sea turtle nesting habitat. *Decreased sea turtle
disorientations
Methodology:
Coordination of local governments and contractors to determine needs and
responsibilities of the
grant. The government agencies include representatives from the Collier
County Environmental
Services Department, Collier County Parks and Recreation Department, Collier
County Tourism
Department, City of Naples Natural Resources Department, City of Naples Parks
and Parkways
Department, City of Naples Community Development Department, Collier County
Coastal Advisory
Committee, Florida Power and Light Corporation, City of Naples Police
Department and electrical and
horticultural contractors. State Coastal Construction Control Line permits,
Collier County and City
of Naples Coastal Construction Setback permits and vehicle on the beach
permits will be applied for
at the appropriate time.
Potential Negative Impacts:
Closure of beach accesses during the pole removal and pole installation could
be considered a
negative impact however; this would be for a short period of time. Some of
the new lights might
still spill light on the beach and need adjustment or shielding. Planting of
light shielding
vegetation may take some time to become established in order to become fully
effective.
External Effects:
Factors that may affect the project output are natural disasters such as
hurricanes which could
damage the lights and vegetation.
Project Transferability:
The beach access lights while providing for public safety at night will be
aesthetically pleasing
and will lower electrical costs while improving sea turtle habitat. Other
communities may follow
the example of a sea turtle safe beach and establish a similar program. The
project is intended to
reduce the amount of artificial light on Collier County beaches.
Dissemination:
Strategies that will be used to distribute the key findings of the project
include beach lighting
Agenda Item No. 16.1\6
November 14, 2006
Page 7 of 8
inspections conducted each year throughout sea turtle season and
disorientations will be tracked
and reduced or eliminated. The results of the project will be disseminated
locally, regionally and
possibily internationally at the 28 or 29 Annual International Sea Turtle
Symposium. There will
also be press releases prior to during and after porject completion.
Project staff and their qualifications:
Principal Project Staff and their Qualifications: (resumes provided upon
reques t)
Maura C. Kraus, Principal Environmental Specialist, Collier County
Environmental Services
Department
Dr. Michael Bauer, J.D.,PH.D.,.Director, City Of Naples Natural Resources
Department
Joe Boscaglia, City of Naples Parks and Parkways Superintendent
Joe Delate, Sr. Project Manager, Collier County Parks and Recreation
Department
Implementation Information PROJECT IMPLEMENTATION
Project Phase 1: (Write a brief Scope of Work for the phase) :
1.Coordinate with necessary officials to outline the needs of the grant and
to delineate responsibilities. (requested NFWF funds: $0.00 this will be an
in-house contribution. Apply for required permits. (NFWF funds $500.)
Budget CategoryNFWF Funds
Salaries & Benefits:O
Equipment: 0
Other:500
Matching Contributions allocated to Phase 1: 0 TOTAL:500
Project Phase 2: (Write a brief Scope of Work for the phase):
2.Meet with the contractors to make plans. (NFWF funds $0.00; in-house
contribution). Order light fixtures (NFWF funds $95,496}5.-0rder light
screening vegetation (NFWF funds $2,000)
Budget CategoryNFWF Funds
Salaries & Benefits:O
Equipment: 97, 496
Other: 0
Matching Contributions allocated to Phase 2: 0 TOTAL:97,496
Project Phase 3: (Write a brief Scope of Work for the phase):
3.Submit press releases which include public information as to the needs
and benefits of the project (NFWF $200) . Implementation of the removal of
old light fixtures (NFWF funds $6,000)
Budget CategoryNFWF Funds
Salaries & Benefits:O
Equipment: 0
Other:6,200
Agenda Item No. 16A6
November 14, 2006
Page 8 of 8
Matching Contributions allocated to Phase 3: 0 TOTAL:6,200
Project Phase 4: (Write a brief Scope of Work for the phase) :
4.Installation of new light fixtures (NFWF funds $ 26,400). Ground
preparation and planting of light screening vegetation ($1,000).
Conduct inspections and readjust on an as needed basis (NFWF funds $0.00
in- house contribution) .
Budget CategoryNFWF Funds
Salaries & Benefits:O
Equipment: 0
Other:26,400
Matching Contributions allocated to Phase 4: 0 TOTAL:26,400
Project Phase 5: (Write a brief Scope of Work for the phase):
Conduct inspections and readjust on an as needed basis (NFWF funds $0.00
in-house contribution).
Budget CategoryNFWF Funds
Salaries & Benefits:
Equipment:
Other:
Matching Contributions allocated to Phase 5: TOTAL:
Organizational Information Organizational Information
Organization's mission and goals.Collier County Mission Statement: .To
deliver to our residents and visitors
local government services that exceed expectations..
Organization's Board of Directors and/or Trustees.Collier County Board
of Commissioners.
City of Naples City Council
Statement of any legal actions by your organization in which a state or
federal government agency is a party, which are pending, are
anticipated,
or were completed within the past year (not applicable for federal,
state,
or local government applicants) .N/A
Attachment Information Attached File Name
Peer Reviewers Information Peer Reviews Information
TitleNameOrganizationTypePhoneEmailCityState
BiologistDavid AddisonConservancy of southwest FloridaConservation
NG0239-403-4230davea@conservancy.orgNaplesFL
Agenda Item No. 16A7
November 14, 2006
Page 1 of 4
-
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Italia", 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 "Italia", a subdivision of lands located in Section 30,
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 "Italia". 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 "Italia" be approved for
recording.
FISCAL IMPACT:
The project cost is $1,179,792.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $367,302.67
- $812,489.33
The Security amount, equal to 110% of the
project cost, is $1,297,771.20
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: $36,523.76
.-
".--....
Agenda Item No. 16A7
November 14, 2006
Fees are based on a construction estimate of $1 ,179,792.00 and were pa1ij1gll'" 2 of 4
May, 2006.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,130.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 2,754.77
c) Drainage,
Paving, Grading (.75% const. est.) - $ 6,093.67
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 8,264.31
e) Drainage, Paving,
Grading(2.25%const.est.) - $18,281.01
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 "Italia" for recording with
the following stipulations:
1. Approve the amount of $1,297,771.20 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
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Item Number:
Item Summary:
Meeting Date:
Agenda lIel11 No. 16A7
November 14, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recommendation to approve for recording the final plat of Italta, a;::proval of the standard
form COr1structlor: and Maintenance Agr"eernent and approval of the amount of the
periormance security
11/14/2006900:00 AM
Date
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
10125120067:34:19 AM
Date
Approved By
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
COES Engineering Services Director
COES Engineering Services
101251Z006 B:33 AM
Date
Approved By
Marlene Stewart Executive Secretary
Community Development & Community Development &
Environmontal Services Environmental Services Admin.
10/26/200612:21 PM
Approved By
Date
Constance A. Johnson Operations. Analyst
Community Development & Community Deve~opment &
Environmental Services Environmenta! Services Admin..
10/30120068;33 AM
Approved By
Dilte
Joseph K. Schmitt
Community Development &
Environmental Sentices
Community Development &
Environmental Services Adminstrator
Community Development &
E.nvironmental Servic~s Admin.
10130120069:20 AM
Date
Approved By
OM B Coordinator
County M:lnage~s Offk:e
Administrative Assistant
Office of Management & BUdget
10'30!2006 3:43 PM
Mark Isackson
Date
Approved By
County Manager's Offtce
Budget Analyst
Office of Management & Budget
101311200& BAS ft.M
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10131/20065:37 PM
Agenda Item No. 16A8
November 14,2006
Page 1 of 2
EXECUTIVE SUMMARY
Request to open the 2005 cycle of Growth Management Plan Amendments to allow a 2006
cycle petition to be moved into the 2005 cvcle.
OBJECTIVE: For the Board of County Commissioners to consider a request by Commissioner
Henning to open the 2005 cycle of amendments to the Collier County Growth Management Plan
(GMP) and to move a 2006 cycle petition into that 2005 cycle.
CONSIDERATIONS: The referenced 2006 petition (CP-2006-4) is for property located on the
south side of lmmokalee Road, about 300 feet east of Oakes Boulevard. The segment of
lmmokalee Road in this vicinity is presently a 4-lane roadway but is scheduled to be 6-laned,
necessitating additional right-of-way. Commissioner Henning has indicated to staff that the
petitioner has offered to donate the needed right-of-way from that property, thereby providing a
public benefit (it is unknown if this offer is linked to the proposed move of the petition to the
2005 cycle). Commissioner Henning has requested this 2006 cycle petition be moved into the
2005 cycle as a valid public purpose given the proposed land donation.
-
The 2005 cycle consists of 13 private sector petitions and two County-initiated; these are
tentatively scheduled to be heard by the Collier County Planning Commission in February 2007.
The mandatory sufficiency review for the 2005 petitions has been completed for most, with the
remaining ones in the final stages. The 2006 cycle petitions have not yet undergone the
sufficiency process, which usually takes a few months to complete. Accordingly, if this 2006
petition is moved into the 2005 cycle, it may result in further delay of that cycle - which is
already about 18 months behind the typical schedule due to the protracted schedule of the EAR-
based GMP amendments. Also, the Board previously authorized a late submittal into the 2005
cycle for a petition site located on Collier Boulevard that proposes to include affordable-
workforce housing.
FISCAL IMP ACT: Potential fiscal impact to Collier County may result from having to
purchase the needed right of way if this project is delayed.
GROWTH MANAGEMENT IMPACT: This policy decision has no GMP impact.
LEGAL CONSIDERATIONS: This is a policy decision within the Board's discretion.
However, it should be noted the referenced petition will be viewed on its own merits; the
proposed right-of-way donation will not be a consideration in the Board's decision on that
petition.
RECOMMENDATION: That the Board, as an exception to policy, consider and approve this
request for petition CP-2006-4 to be moved from the 2006 GMP amendment cycle to the 2005
cycle.
-
Prepared by: David Weeks. AICP, Comprehensive Planning Manager
Comprehensive Planning Department, CDES Division
1
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A8
November 14. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Request to open the 2005 cycle of Growth Management Plan Amendments to allow a 2006
cycle petition to be moved into the 2005 cycle.
11/14/200690000 AM
Date
Approved By
Constance A. Johnson
Comm unity Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/30/200611:14 AM
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
10130/20061;26 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10/30/20061 :36 PM
OMB Coordinator
Date
Apprond By
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/30/20063:43 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
10/31/20069:00 AM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/31/20065:53 PM
Agenda Item No. 16A9
November 14, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the award of RFP #06-
4044 to Tindale-Oliver and Associates, Incorporated for impact fee consulting services.
OBJECTIVE: To obtain Board of County Commissioners (Board) approval for the award of a
contract for professional consultant services to Tindale-Oliver and Associates, Inc., to provide
impact fee consulting services.
CONSIDERA TIONS: Due to the ongoing requirements of effectively managing the impact fee
program, which often requires the expertise of outside consultants who are experts in the field, it
was determined that an annual contract for consultant services would best serve the needs of Collier
County rather than issuing separate Requests for Proposals (RFP) or Requests for Quotes (RFQ) on
a case by case basis. This approach provides a cost effective solution that will allow for timely
responses and professional advice for a wide variety of impact fee-related issues. Tindale-Oliver
and Associates, Inc. are well versed in all aspects of Collier County's impact fee program and have
provided similar services to the County in the past.
-
The Request for Proposal (RFP) was advertised on August 31, 2006. Notices were sent to 71 firms
with 11 vendors requesting full packages, and responses were received from 2 firms by the due date
of September 21,2006.
A Selection Committee meeting was held on October 18, 2006, and after review, scoring and
discussion of the proposals, by consensus of the members, Tindale-Oliver and Associates, Inc. was
selected as the number one choice among the prospective vendors to perform consulting services for
a period of one year. The selection committee was composed of staff from the County Attorney's
Office, the Transportation Management Department, the Facilities Management Department, the
Purchasing Department (non-voting) and the impact fee section of the Business Management and
Budget Office.
Examples of the types of services included under this contract are reviews of independent and
alternative fee calculations, fee schedule updates, assistance with determining land use
classifications used to appropriately assess impact fees, attendance and presentations at meetings
related to impact fees and associated subject matter and review of the County's current impact fee
indexing methodologies and development of a localized construction cost index, as previously
directed by the Board.
GROWTH MANAGEMENT IMPACT: Impact fees provide financial resources for the
construction and/or expansion of the County's capital infrastructure, as necessary to accommodate
growth. Development is required to contIibute its fair share of the cost of providing public facilities
necessitated by growth, however impact fees may not be collected in excess of the amount
reasonably anticipated to fund such improvements, Services provided by the consultant help to
ensure the fair, accurate and equitable administration of the impact fee program.
-
FISCAL IMP ACT: The funding for this contract is part of the approved Fiscal Year 2007 budget
within the Impact Fee Administration cost center of Fund 131.
Impact Fee Annual Contract
Page 2
Agenda Item No. 16A9
November 14, 2006
Page 2 of 3
LEGAL CONSIDERATIONS: This request is sufficient for Board consideration and approval
and a standard, County Attorney-approved contract will be utilized.
RECOMMENDATION: That the Board of County Commissioners approve the award of a
contract for professional consultant services to Tindale-Oliver and Associates, Inc. to provide
impact fee consulting services and authorize the Chairman to sign the standard, County Attorney-
approved contract.
Prepared by: Amy Patterson, Impact Fee Manager, Business Mgmt and Budget Office, CDES
-
-
Item Number:
Item Summary:
Meeting Date:
Agenda l1em No. 16A9
November 14, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation that the Board of County Commissioners approve the award of RFP #06.
4044 to Tindale-Oliver and Associates, Incorporated for Impact fee consulting services.
11/14/20069:00:00 AM
Date
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
1013012006 11 :50 AM
Garrett Mullee
Financial Operations Manager
Date
Approved By
Community Development &
Environmental Services
Financial Admin. & Housing
10130120061:14 PM
Linda Best
Contracts Agent
Date
Approved By
Administrative Services
Purchasing
10130120061:14 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
10130/20061:35 PM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
10131/20069:01 AM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management &. Budget
10131120063:01 PM
Mark. Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management &. Budget
11/1120068:51 AM
A pp roved By
~James v. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1113120064:36 PM
Agenda Item No. 16A10
November 14, 2006
Page 1 of 4
EXECUTIVE SUMMARY
.-
Recommendation to approve for recording the final plat of "Hammock Isles Replat"
OBJECTIVE:
To approve for recording the final plat of "Hammock Isles Replat", a subdivision of lands located
in Section 8, Township 49 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 "Hammock Isles Replat". 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 required subdivision improvements associated with this plat.
Engineering Services Department recommends that the final plat of "Hammock Isles Replat" 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: $1020.00 - plat review fee
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.
~
Agenda Item No. 16A10
November 14, 2006
Page 2 of 4
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 "Hammock Isles Replat"
for recording.
..-
.-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Number:
Item Summary:
Meeting Date:
Aaenda Item N~. 1fiA.10
~ November 14. 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation to approve for recording the final plat of Hammock ISles Replat
11114/2006 9 00 00 fl,M
Prepared By
Date
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Engineering Services
11/1/2006 9:24:00 AM
Date
Approved By
Constance A. Johnson
Community Development &
EnvIronmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
11/112006 9:30 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
11/1/200612:36 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/21200612:03 PM
Date
Approved By
rJiark Isackson
Count~' Manager's Office
Budget Analyst
Office of Management & Budget
1112120064:58 PM
Date
App roved By
James V. Mudd
Beard of County
Commissioners
County Manager
County M3nager's Office
111312006 11 :56 AM
Agenda Item No. 16A 11
November 14, 2006
Page 1 of 7
_.
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfaction of Code Enforcement
Liens for payments received.
OBJECTIVE:
To approve execution and recording of the Release and Satisfaction of Liens,
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
,-
Reference Owner of Record Lien Amount
OSM 2004100813 Roberto BoUt $4,705.66
OSM 2004100248 Christopher L. Gehring $8,370.51
OSM 2005040594 Terry Muehlhausen Larsen $211.34
OSM 2005040072 Charles & Carrie Newman $500.73
OSM 2003120348 RJS LLC-R1A JeffM. Novatt $262.99
TOTAL $14,051.23
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Releases and
Satisfactions, which is to be approximately $10.00 per release, totaling $50.00. Funds
are budgeted and available in the current fiscal year in the Code Enforcement budget.
GROWTH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Release and Satisfaction of Code
Enforcement Liens.
PREPARED BY: Diana Hindall- Administrative Secretary. Code Enforcement
-
Agenda Item No. 16A 11
November 14, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16A11
Meeting Date:
Recommendation to approve the Release and Saiista:::tion of Code Enforcement Liens for
payments received
1"1/14/20069:0000 ilM
Approved By
Mark Isackson
Budget An.lyst
Date
County Manager's Office
Office of Management & Budget
111612006 9:47 AM
Approved By
James V. Mudd
County Manager
Date
Soard of County
Commissioners
County Manager's Office
111612006 1 :47 PM
This instrument prepared by:
Shirley Garcia, Administrative Asst.
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A 11
November 14, 2006
Page 3 of 7
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Roberto Bollt,
C/O Taylor Square Venture
3000 Orange Grove Trail
Naples, FI 34120
The lien was recorded on 12/08/2005, Official Record Book 3944 Page
0244, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of Four Thousand Seven hundred and Five
Dollars and Sixty-Six cents, plus accrued interest and penalties, if any,
and imposes certain obligation against real property situated in Collier
County, Florida, which property is described as follows:
3000 Orange Tree Trail
Cost: $4705.66
Reference: OSM 2004100813
Folio: 64697500108
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
./~/\ ~ J
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Jeff V,Vri9htU
AssislaAt County Attorney
Agenda Item No. 16A 11
~~ovember 14, 2006
Page 4 of 7
This instrument prepared by:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
CHRISTOPHER L. GEHRING
110 23RD ST NW
Naples, FL 34120
The lien was recorded on 09/19/2005, Official Record Book 3892 Page
1757, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of Eight Thousand Three Hundred Seventy
and Fifty-One cents, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County,
Florida, which property is described as follows:
110 23RD ST NW
Naples, FL 34120
Cost: $8,370.51
Reference: OSM 2004100248
Folio: 36911880008
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
Approved as to form and legal sufficiency
/"\ . /',
/ i '-/.-1-
.'1 \ I
( r'./I'("~'
Jeff Wrig~t U
Assist~ County Attorney
This instrument prepared by:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
A,oenda item No. 16/'\11
~ November 14.2006
Page 5 of 7
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
TERRY MUEHLHAUSEN LARSEN
2348 Pine St
Naples, FI 34112
The lien was recorded on 12/08/2005, Official Record Book 3944 Page
0250, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of Two Hundred Eleven dollars and Thirty-Four
cents, plus accrued interest and penalties, if any, and imposes certain
obligations against real property situated in Collier County, Florida, which
property is described as follows:
2348 Pine 5t
Cost: $211.34 Reference: OSM 2005040594
Folio: 51693760007
Collier County, a political subdivision of the State of Florida, by execution of this Release
and Satisfaction of Lien, acknowledges payment as full satisfaction of the lien 311d
hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction
of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien
ceases to exist.
iN WITNESS WHEREOF, the Board of County Commission8rs of Collier County,
Florida, acting through its Chairman. directs execution and recording of the Release and
Satisfaction of Lien, by action of the Board on this day nf
,2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
ve? as. :0 t and legClI sufficiency
1"'''-' .
Jeff Wng
Ass~nt County Attorney
Agenda Item No. 16A 11
November 14.2006
Page 6 of 7
This instrument prepared by:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Charles & Carrie Newman
4813 Cortez Cir.
Naples, FL 34112
The lien was recorded on 09/19/2005, Official Record Book 3892 Page
1727, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of Five Hundred Seventy-Three cents, plus
accrued interest and penalties, if any, and imposes certain obligation
against real property situated in Collier County, Florida, which property is
described as follows:
4813 Cortez Cir.
Naples, FL 34112
Cost: $500.73 Reference: OSM 2005040072
Folio: 63102840008
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
Approved as to form and legal sufficiency
,/,"\
, ,
/! '" ?"
! ~ --r:--
f~V"",",,--,i(--.--'
Jeff'Wright (J
Assi~t County Attorney
Aqenda Item t-.Jo. 16A 11
~ November 14. 2006
Page 7 of 7
This instrument prepared by:
Shirley Garcia, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
RJS LLC-RJA JEFF M. NOVATT
2000 ROYAL MARCO WAY APT 310
MARCO ISLAND, FL 34145
The lien was recorded on 09/19/2005, Official Record Book 3892 Page
1716, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of Two Hundred Sixty Two and Ninety Nine
cents, plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which
property is described as follows:
12855 CURCIE RD
Cost: $262.99 Reference: OSM 2003120348
Folio: 775080009
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2006.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
Frank Halas, Chairman
Approved as to form and legal sufficiency
~.
Jeff~~~ht
ASSI~lt County Attorney
Agenda Item No. 1681
November 14, 2006
Page 1 of 3
~~'~"
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution superseding and replacing Resolution 2005-379 in
order to amend the commencement and termination of the term of appointed member,
William L. Barton, to the Southwest Florida Expressway Authority
OBJECTIVE: For the Board of County Commissioners to adopt a Resolution superseding and
replacing Resolution 2005-379, which appointed William L. Barton as a voting member to the
Southwest Florida Expressway Authority (the "Authority") to impose a new commencement and
termination date of that appointment to allow him the fullest opportunity to contribute to the
Authority. Under the proposed Resolution, Mr. Barton's term would commence on February 16,
2006 and end on February 15,2010,
CONSIDERA TIONS: Although Mr. Barton was originally appointed on November 1, 2005,
subsequent appointments by the Governor did not occur until early 2006 and the first meeting of the
Authority did not occur until May 2006. To allow Mr. Barton the fullest opportunity to serve and
contribute to the Authority, it is proposed that the commencement and termination dates of his
appointment be revised to coincide with the termination dates of the Governor's appointees,
February 15th. That is, under this proposal, Mr. Barton's effective commencement date is February
16, 2006 with a termination date of February 15, 2010. Because Lee County also intends to change
.- the commencement and termination dates of its appointed members to the Authority, the change
proposed in this Resolution will provide uniformity among the terms of all appointed members.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive summary.
RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution
superseding and replacing Resolution 2005-379 so as to make William L. Barton's term of
appointment as a voting member of the Authority effective on February 16, 2006 through and
including February 15,2010.
Prepared By: Don Scott, AICP, Director of Transportation Planning
Scott R. Teach, Assistant County Attorney
~.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1681
November 14, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1681
Recommendation to adopt a ResoluliOn superseding and replacing Resolutl~n 2005-379 In
order to amend the commencement and termination of the term of appointed member,
William L. Barton. to the Southwest Flonda Expressway Authority
11/14/200690000 AM
Transportation Planning Director
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning
10/23/20069:03 AM
Scott R Teach
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
10/23/200610:43 AM
Norm E. Feder, Ale?
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10/27/2006 1 :47 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10/31/200611:19 AM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
10/31/200612:49 PM
OM B Coordinator
Administrative Ass.istant
Date
Approved By
County Manager's Office
Office of Management & Budget
1013112006 2:68 PM
Mark Is.ackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1111/20069:17 AM
Approved By
James V. Mudd
Board of County
Commis.sioners
County Manager
D<1te
County Manager's Office
11/2/20054:49 PM
RESOLUTION NO. 2006-
Agenda Item No. 1681
November 14, 2006
Page 3 of 3
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA SUPERCEDING AND REPLACING
RESOLUTION 2005-379 IN ORDER TO AMEND THE
COMMENCEMENT AND TERMINATION DATES OF THE TERM OF
APPOINTED MEMBER, WILLIAM L. BARTON, TO THE SOUTHWEST
FLORIDA EXPRESSWAY AUTHORITY
WHEREAS, on October II, 2005, the Collier County Board of Commissioners adopted
Resolution 2005-361, supporting the establishment of a Southwest Florida Expressway Authority
in accordance with Florida Statutes Ch. 348.9932; and
WHEREAS, on November 1, 2005, in accordance with Subsection 348.9932 (2) (b),
Florida Statutes, the Collier County Board of Commissioners adopted Resolution 2005-379
appointing permanent resident William L Barton to said Authority for a four (4) year term and
said term was to coincide with Lee County, Florida and the Governor of Florida's appointments
to the Authority; and
WHEREAS, the terms of the Lee County and Governor's appointees do not have
consistent commencement and termination dates; and
WHEREAS, the Collier County Board of Commissioners is aware that the Southwest
Florida Expressway Authority did not convene or have its first meeting until May of 2006; and
WHEREAS, the Governor's appointments to the Authority both have terms that end on
February 15th of the year of termination of their particular term of appointment; and
WHEREAS, Lee County, Florida also intends to revise the commencement and
termination date of its appointed members to the Authority consistent with the termination date
of the Governor's appointments; and
WHEREAS, the Collier County Board of Commissioners wishes to allow its appointees
to have the fullest opportunity to contribute to the Authority and wishes to conform the
termination date of its appointees with that established by the Governor.
~OW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
L The Collier County Board of Commissioners reconfirms the appointment of
William L. Barton as a member of that Authority for a term to commence as of February 16,
2006 and ending on February 15,2010.
2. This Resolution supersedes and replaces Resolution Number 2005-379 and shall
take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same
on this _ day of 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMIESSrONERS
OF COLLIER COUNTY, FLORIDA
By
By
Deputy Clerk
FRAN K HALAS, Chairman
Approved as to form and
legal sufficiency:
Scott R. Teach, Esq.
Assistant County Attomey
Page I of 1
Agenda Item No. 1682
~~ovember 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.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
.-
RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer
group: Portico Custom Homes & Remolding, 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 Supervisor, Road & Bridge Maintenance Dept.
Attachment: Agreement (1)
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1682
November 14, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B2
Recommendation that the Board of County Commissioners appro've one (1) Adopt~a-Road
Program Agreement at no cost to the County because of already existing signs
11/14/200690000 AM
Administrative Secretary
Date
Prepared By
Margaret A. Ramos
Transportation Services
Road Maintenance
10/24/20068:33:37 AM
Rookmin Nauth
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Engineering and
ConstructIon
10/25120063:43 PM
Date
Approved By
John Vliet
Transportation Services
Roads Maintenance Superintendant
Road Maintenance
10126/200611 :46 AM
Assistant County Attorney
Date
Approved By
Jeff Klatzkow
County Attorney
County Attorney Office
10126/20064:43 PM
Transportation Division Administrator
Date
Approved By
Norm E. Feder. AICP
Trans.portation Services
Transportation Services Admin.
10127/20061:53 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
10/3112006 11 :23 AM
Pat LehnlliJ(d
Date
Approved By
Transportation Services
Executive Secretary
Transportation Services Admin
10/311200612:56 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative ~,ssistant
Date
Office of Manilgement & Budget
10/31120062:59 PM
Mark IS'lckson
Budget Analyst
Date
Approved By
County M ,mager's Office
Office of Management & Budget
10131/20065:09 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/31120066:16 PM
Agenda Item No. 1632
November 14, 2006
Page 3 of 6
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day
of , 20--, by and between Collier County (hereinafter the "COUNTY'), and the
volunteer group, Portico Custom Homes & Remolding, Ine (hereinafter the "GROUP"),
whose address is 320 17tb St NW, 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 a<; Logan Blvd from Pine Ridge Road to Vanderbilt Beach Road (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. 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
14 years of age and the GROUP shall provide at least one adult 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 hannless agreement provided by the COUNTY, and attend a
Agenda Item r>Jo. 16B2
November 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 County 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 litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges 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 vests, 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
v\L\
Agenda Item No. 1682
t~ovember 14, 2006
Page 5 of 6
B. THE COUNTY SHALL:
1. 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 cancel the program at any time. Upon the termination of this Agreement by either
patty, 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.
v~'^
3
Agenda Item No. 1682
November 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 date written above.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, Chairman
Deputy Clerk
By
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
4
~.
j
Aaenda Item No. 16B3
~ November 14, 2006
Page 1 of 4
-,
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution superseding and replacing Resolution 2005-361 in
order to amend the commencement and termination dates of the term of the appointed
member, Collier County Commissioner Jim Coletta, to the Southwest Florida Expressway
Authority
OBJECTIVE: For the Board of County Commissioners to adopt a Resolution superseding and
replacing Resolution 2005-361, which appointed Collier County Commissioner Jim Coletta as a
voting member of the Southwest Florida Expressway Authority (the "Authority"), to impose a new
commencement and termination date of that appointment to allow him the fullest opportunity to
contribute to the Authority. Under the proposed Resolution, Commissioner Coletta's term would
commence on February 16, 2006 and end on February 15,2008.
CONSIDERATIONS: Although Commissioner Coletta was originally appointed on October 11,
2005, subsequent appointments by the Governor did not occur until early 2006 and the first meeting
of the Authority did not occur until May 2006. To allow Commissioner Coletta the fullest
opportunity to serve and contribute to the Authority, it is proposed that the commencement and
termination dates of his appointment be revised to coincide with the termination dates of the
Governor's appointees, February 15th. That is, under this proposal, Commissioner Coletta's
-- effective commencement date is February 16, 2006 with a termination date of February 15, 2008.
Because Lee County also intends to change the commencement and termination dates of its
appointed members to the Authority, the change proposed in this Resolution will provide uniformity
among the terms of all appointed members.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution
superseding and replacing Resolution 2005-361 so as to make Commissioner Jim Coletta's term of
appointment as a voting member of the Authority effective on February 16, 2006 through and
including February 15, 2008.
Prepared By: Don Scott, AICP, Director of Transportation Planning
Scott R. Teach, Assistant County Attorney
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item N~ 1683
November 14. 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1683
RecommendatIOn to adopt a Resolution superseding and replacing Resolution 2005-361 in
order to amend the commencement and termination dates of the term of the appointed
member, County Commissioner Jim Coletta, to the Southwest Florida Expressway Authority_
11/141200690000 AM
Transportation Planning Director
Date
Approved By
Donald L. Scott
Transportation Services
Transportation Planning
10123120069:02 AM
Assistant County Attorney
Date
Approved By
Scott R Teach
County Attorney
County Attorney Office
101231200610:41 AM
Date
App roved By
Norm E. Feder, A1CP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
10127120061 :47 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
10131120062:28 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
10131120062:58 PM
Administrative Assistant
Date
Approved By
orviS Coordinator
County Manager's Office
Office of Management & Budget
10/31120062:59 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/1120069:20 AM
Approved By
James v. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1112120065:27 PM
Agenda Item No. 1683
r~ovember 14, 2006
Page 3 of 4
RESOLUTION NO. 2006-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA SUPERCEDING AND REPLACING
RESOLUTION 2005-361 IN ORDER TO AMEND THE COMMENCEMENT
AND TERMINATION DATES OF THE TERM OF APPOINTED MEMBER,
COLLIER COUNTY COMMISSIONER JIM COLETTA, TO THE
SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY
WHEREAS, the Florida Legislature during its 2005 session approved a bill that created
the Southwest Florida Expressway Authority, and that bill was signed by the Governor on June
8,2005; and
WHEREAS, the stated purpose of the Southwest Florida Expressway Authority is the
pursuit of additional lanes on Interstate 75 within Lee and Collier Counties as tolled express
lanes; and
WHEREAS, the Collier County Board of Commissioners is interested in seeing
additional lanes established on Interstate 75 beyond the currently-programmed six lanes as soon
as possible; and
WHEREAS, the Collier County Board of Commissioners feels the Southwest Florida
Expressway Authority would be a viable means to pursue the additional lanes on Interstate 75 in
a timely fashion; and
WHEREAS, pursuant to Section I (section 348.9932) of the approved bill, one member
from Collier County and one member from Lee County shall be selected by the members of the
respective county commission from among its members to serve as a voting member for a term
of two (2) years each. Each commissioner must be a member of the county commission when
selected and for the full extent of the term of selection; and
WHEREAS, October II, 2005, through adoption of Resolution 2005-361, the Collier
County Board of Commissioners supported the establishment of the Southwest Florida
Expressway Authority as outlined in the bill signed by the Governor, and appointed Collier
County Commissioner Jim Coletta to serve as a voting member of that Authority for a term of
two (2) years, thereby ending that term of appointment on October 10, 2007; and
WHEREAS, the Collier County Board of Commissioners is aware that the Southwest
Florida Expressway Authority did not convene or have its first meeting until May of 2006; and
WHEREAS, the Governor's appointments to the Authority both have terms that end on
February 15th of the year of termination of their pal1icu]ar telm of appointment; and
\VHEREAS, Lee County, Florida also intends to revise the commencement and
termination date of its appointed members to the Authority consistent with the termination date
of the Governor's appointment; and
WHEREAS, the Collier County Board of Commissioners wishes to allow its appointees
to have the fullest opportunity to contribute to the Authority and wishes to conform the
termination date of its appointees with that established by the Governor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Collier County Board of Commissioners reconfirms its support to the
establishment of the Southwest Florida Expressway Authority as outlined in the bill approved by
the 2005 Legislature and signed by the Governor.
2. The Collier County Board of Commissioners reconfirms the appointment of
Commissioner Jim Coletta as a voting member of that Authority for a term to commence as of
February 16, 2006 and ending on February 15,2008.
Page 1 of2
Agenda Item No. 1683
November 14, 2006
Page 4 of 4
3. This Resolution supersedes and replaces Resolution Number 2005-361 and shall
take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second and majority vote favoring same
on this _ day of 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMIESSIONERS
OF COLLIER COUNTY, FLORIDA
By
By
Deputy Clerk
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
Scott R. Teach, Esq.
Assistant County Attorney
Page 2 of2
Agenda Item No. 1684
November 14, 2006
Page 1 of 4
--
EXECUTIVE SUMMARY
Recommendation to award Contract #06-3975 "Annual Fixed Term Professional
Transportation Planning Consultant Services" to six (6) firms (Estimated Annual
Amount $300,000).
OBJECTIVE: To obtain Board approval of the new annual Professional Transportation
Planning Consultant Services contract for "Transportation Planning Consultant" services.
CONSIDERATIONS: The annual professional services contract is utilized by staff to
create an extension of abilities. A Request for Proposal (RFP) was issued for the purpose
of establishing a group of prequalified firms capable of providing professional
"Transportation Planning Consultant" services to the County under a continuing annual
contract. Firms were prequalified by Invitation to Negotiate (RFP) #06-3975.
The RFP was issued in accordance with Florida Statutes, Section 287.055, Consultant
Competitive Negotiation Act. Notices were advertised in May and responses were
received from fifteen (15) firms by the due date of June 2, 2006. One finD was
disqualified from the selection process, after the submittal, due to using a firm as a sub-
consultant that had also submitted on the contract leaving fourteen (14) qualified firms.
,,""--""
A selection committee meeting was held August 23, 2006. Following review, scoring,
and discussion of proposals from the RFP, a consensus of the members of the selection
committee selected and ranked the top six (6) firms for annual contract. The selected
firms are:
1. Tindale Oliver
2. PBS&J
3. DRMP
4. TBE Group
5. Kimley Horn
6. CH2M Hill
Contract negotiations have been successfully completed by staff for the six (6) short-
listed firms. All six (6) firms have agreed to a standardized fee schedule for their services
(attached rate schedule labeled Schedule B), which staff believes will provide the
opportunity for an equitable and fair distribution of work.
FISCAL IMPACT: Funding will come from the individual departments that utilize the
contract.
GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth
management impact, they are consistent with the County's long telm grO\vth plans.
~
Agenda Item No. 1684
November 14, 2006
Page 2 of 4
RECOMMENDATION: That the Board of County Commissioners approve the
negotiated contracts with the six (6) top ranked firms, and authorize the chairman to sign
each standard County Attorney approved agreement.
Prepared By: Donald Scott, Transportation Planning Director
Attachment: Rate Schedule
.-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1684
November 14. 2006
Page' 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1684
Recommendation to award Contract #06~3975 Annual Fixed Term Professional
Transportation Planning Consultant Services to six (6) firms (Estimated Annual Amount
,300000)
1'1114/2006900:00 AM
Contract Specialist
Date
Appro\'ed By
Rl10nda Rembert
Administrative Services
Purch~sing
10130/20061 :12 PM
Donald L. Scott
Transportation Planning Director
Date
Approved By
Transportation Services
Transpoffiltion Planning
1013012006 1 :22 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10/30120063:32 PM
Steve Carnell
Purchasing/General Svcs Director
Date
Approved By
Administrative Services
Purchasing
10131/20069:03 AM
Sharon Newman
Accounting Supervisor
Date
App roved By
Transportation Services
Transportation Services Admin
10131/20062:06 PM
Approved By
Pat Lehnhard
Trar.:;portatior, Services
Executive Secretary
Date
Transportation Services Admin
10/31120063:06 PM
OMS Coordinator
Adminis.trativE: Assistant
Date
Approved By
County f't/1anager's Office
Office- of Management & Budget
10/31/20063:07 PM
Mnrk IS"CKson
Budget Analyst
Date
Approved By
County rJlaoager's Office
Office of M anage-ment & Budget
11/1120069:12 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County M i:mager's Office
11/1120066:26 PM
Agenda Item No. 1684
November 14, 2006
Page 4 of 4
SCHEDULE B
06-3975 Fixed Term Professional Transportation Plannina Consultina Services
RATE SCHEDULE
Principal $170.00
Project Manager $135.00
Senior Engineer $120.00
Engineer $110.00
Planner $ 90.00
Technician $ 80.00
Administrative Assistant $ 50.00
Clerical $ 48.00
This list is not intended to be all inclusive. Hourly rate fees for other categories of
professional, support and other services shall be mutually negotiated by the County and
firm on a project by project basis as needed
D-1
Agenda Item No. 1685
November 14, 2006
Page 1 of 3
-
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve a budget
amendment(s) to recognize carry forward in the amount of $93,277.56 and recognize
additional revenue for the Collier County Transportation Pathways Program in the
amount of $97,889.12 for Project No(s). 690811, 600321, 690817, 690822, 600501 and
600331 for a total amount of $191,166.68.
OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a
budget amendment to recognize additional revenue and carry forward for the Collier County
Transportation Pathways Program Project No(s). 690811, 600321, 690817, 690822, 600501 and
600331 in the amount of $191,166.68.
_.
CONSIDERATIONS: Funds were received from various Developers/Developments in lieu of
building a sidewalk/pathway as part of their Site Development Plan. These were funds in lieu of
constructing required sidewalks in areas where planned right-of-way improvements scheduled in
the Capital Improvement Program would cause the removal of sidewalk/pathways or in areas
where no connectivity is currently planned. The funds for the construction of sidewa1kslbike
paths and bike lanes were to be placed into a fund for future construction of required
sidewa1kslbike paths and bike lanes by the County. Funds were received from the following for
the Pathways Program:
Funds deposited into FY06 to be recognized as Carry Forward and re-appropriated into FY07
pathway projects:
Source Site
Conditioned Air $ 3,773.00 July 2006 Conditioned Air
Pine Ridge Livingston $ 17,281.14 July 2006 Meridian Market Place
Development, LLC
Waste Management $ 13,164.30 July 2006 Waste Management
Golden Gate Fire Control $ 20,314.40 September 2006 GG Fire Station # 73
E.B. Sinunonds Enterprises $ 3,411.00 September 2006 E.B. Simmonds
Lee County Electric
CQ-OP* $ 27,685.76 September 2006 LCEC
Barbara Reed DMD $ 7,647.96 September 2006 True Value
Total Carry Forward $ 93,277.56
* Amount to be recognized has been reduced from $39,924.00 to $27,685.76 to accommodate a
refund where a site improvement plan had been withdrawn.
-
Agenda Item No. 16B5
November 14, 2006
Page 2 of 3
Funds deposited into FY07 to be recognized and appropriated to various pathway projects:
Source
Lloyd Sheehan $ 32,571.42 October 2006
Mandalay Place LLC $ 33,862.40 October 2006
Dan's Custom Sheet Metal $ 3,430.00 October 2006
John Thornton $ 18,970.80 October 2006
CBRE Corp. Facilities Mgmt.$ 9,054.50 October 2006
Site
Castlewood at Imperial
Mandalay Place
Dan's Custom Sheet Metal
Chatham Woods
AmSouth Bank/Berkshire
Total Additional Revenue $ 97,889.12
These funds were deposited into the revenue accounts of the Transportation Pathways Program
and need to be recognized for appropriation for future construction of pathways.
FISCAL IMPACT: Funds were deposited into the Transportation Supported Gas Tax Fund. A
budget amendment is needed to recognize carry forward and appropriate into the con-ect projects
in the amount of $93,277.56, as well as to recognize additional revenue and appropriate into the
con-ect projects in the an10unt of $97,889.12.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners approve the necessary
budget amendment(s).
Prepared By: Trinity Caudill-Scott, TECM Project Manager
-
Item Number:
Item Summary:
Meellng Date:
Agenda Item No. 1685
November 14, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1685
RecommendatIOn to approve a budget amendment to recognlze Carry Forward in the
amount 01 $93,277.56 and recognize addItional revenue for the CoWer County Transportation
Pathways Program in the amount of $97,889 12 for Project No(s) 690811, 600321, 690817.
690822, 600501 and 600331 for a total amount of $191,16668
11/14/20069:00:00 AM
Date
Approved By
Trinity Caudin-Scott
Transportation Services
Project Manager
Transportation Enginear'ing &
Construction Management
10/23/20064:15 PM
Date
Approved By
Dale A, a.thon, P.E.
Transportation Services
Prinicipat Project Manager
Transportation Engmeering and
Construction
10124/200610:57 AM
Approved By
Director
Date
Najeh Ahmad
Transportation Services
Transportation Engineering &
Construction Management
10125/2006 1:44 PM
Date
Approved By
Rookmin Nauth
Transportation Services
ManagementlBudget Analyst
Transportation Engmeering and
Construction
10/25120063:47 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin,
10127120061 :41 PM
App roved By
Shi:lron Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
11/1/2006 9:52 AM
Approved By
Executive Secretary
Date
Pat Lel1nha,-d
Transportation Services
Transport~1tion Services Admin
1111/200611:17 AM
OM B Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
11121200611:1B AM
Approved By
Senior Management/Budget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
11/312006 4:47 PM
M ichae.! S01ykowski
Management 8. Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
11/512006 B:44 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manctger's Office
1116/2006 8:51 AM
Agenda Item No. 16B6
November 14, 2006
Page 1 of 6
;,..-""
EXECUTIVE SUMMARY
Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation (FDOT) and Collier County for landscape beautification on
US 41E ISR 90 (St. Andrews to Barefoot Williams Road) and approve a Resolution
evidencing that the Board has approved and authorized the Chairman to sign this
Agreement.
OBJECTIVE: To approve a Florida Department of Transportation Maintenance of Agreement
and resolution which will allow Collier County to provide landscaping along a portion of US
41E (Tamiami Trail East) from St. Andrews Blvd to Barefoot Williams Road.
CONSIDERATIONS: The US 41 East Phase "D" landscape segment for State Road No. 90,
Section Number 03010, Mile Marker post locations (16.832-18.938) is to be funded through the
Landscape Beautification Master Plan. Since this is a State Road, Collier County is required to
enter into maintenance of agreement for landscape improvements with the Florida Department of
Transportation.
...-
The Landscape Agreement permits the installation of enhanced landscaping and irrigation and
provisions for ongoing maintenance of all improvements within the County's rights-of-way. The
attached resolution fulfills this state requirement ensuring that Collier County will oversee and
manage the terms of the agreement. The US 41 East Phase "D" from St. Andrews Blvd to
Barefoot Williams Road landscape and irrigation installation will begin April 2007. The County
will maintain this segment.
FISCAL IMP ACT: Expenditures for the landscape and irrigation installation are budgeted as
part of the Landscape Beautification Master Plan (Fund 112) where the project budget is
$569,900. All expenses associated with the improvements and the related ongoing maintenance
shall be the responsibility of Collier County TranspOltation Altemative Transportation Modes
Department and will be budgeted each year within Fund 112.
GROWTH MANAGEMENT IMP ACT: There is no growth management associated with this
Executive Summary.
RECOMMENDATION: That the Board approve the maintenance of agreement between
Florida Department of Transportation (FDOT) and Collier County for landscape beautification
on US 41E /SR 90 (St. Andrews to Barefoot Williams Road) and approve a Resolution
evidencing that the Board has approved and authorized the Chairman to sign this Agreement.
Prepared By: Pamela Lulich, RLA, Landscape Operations Manager, A TM Department
Attachments (5 originals needed for signature):
1 FDOT Resolution
2 FDOT Maintenance of Agreement
,-.,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B6
November 14, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1686
Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation (FDOT) and Collier County for landscape beautification on US
41 E /SR 90 (SI Andrews to Barefoot Williams Road) and approve a Resolution eVidencing
that the Board has approved and authOrized the Chalrlllan to sign this Agreement
11/14/2006 900:00 AM
Project Manager
Date
Prepared By
Pamela J, Lulich
Transportation Services
Alternative Transportation Modes
10119120064:36:26 PM
Pamela J, Lulich
Project Manager
Date
Approved By
Transportation Services.
Alternative Transportation Modes
10119120064:35 PM
Approved By
Assistant County Attorney
Date
Scott R. Teach
County Attorney
County Attorney Office
10/20120068:25 AM
Management/Budget Analyst
Date
Approved By
Gloria Herrera
Transportation Services
Stormwatcr Managemen1
10/7.41200611:34 AM
Director A TM Director
Date
Approved By
Diane B. Flagg
Transportation Services
Alternative Transportation Modes
10/26/200[\ 3:56 PM
Transportation Division Administrator
Date
Approved By
Norm E. Feder. AICP
Transportation Services
Transportation Services Admin.
10127/20061 :43 PM
Approved By
Accounting Supervisor
Date-
Sharon Newman
Transportation Services
Transportation Services Admin
10131/20054:57 PM
Executive Secretary
Date
Approved By
Pat Lehnhard
Transportation Services
Transportation Services Admin
11/11200611:19 AM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Managemont & Budget
11/21200611:19AM
Approved By
Budget Analyst
Date
Mark Isackson
County Manager's Office
Office or Management & Budget
11/6/200611:18AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
1116/200612:58 PM
Aqenda Item No. 1686
- November 14,2006
Page 3 of 6
RESOLUTION NO. 2006-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY
LANDSCAPING INST ALLA TION AND MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT), FOR A PORTION OF SR 901US41E FROM ST.
ANDREWS BOULEVARD TO BAREFOOT WILLIAMS ROAD.
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter into a
Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County,
wherein FOOT will permit Collier County, at its sole cost and expense, to install and maintain
landscaping within a portion of the SR 90 right-of-way at US 41 East from St. Andrews Blvd. to Barefoot
Williams Road; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the
best interests of the citizens of Co 11 ier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement; authorizes its Chairman, Frank
Halas, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this
Resolution to the FDOT along with the executed Agreement.
This Resolution 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
FRANK HALAS, Chairman
Xi l? d ond "gal ,uffideney
Scott Teach ---
Assistant County Attorney
Agenda Item No. 16B6
November 14, 2006
Page 4 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this.H- day of November, 2006 , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT", and Collier County Board of County Commissioners
"COLLIER COUNTY"., hereinafter referred to as the "AGENCY".
WITNESSETH
'.;,,~
WHEREAS, the DEPARTMENT has jurisdiction over and maintains Tamiami Trail East
(US 41 E) Phase D from (Saint Andrews Boulevard to Barefoot Williams Road) as part ofthe State
Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way of Tamiami Trail East(US41 E)
Phase D from (Saint Andrews Boulevard To Barefoot Williams Road). Section Number 0301 O. Mile
Marker post locations (16.832-18.938), hereinafter referred to as the "PROJECT"; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated November 14. 2006, a copy of which is
attached hereto and made a part hereof, has authorized its "Chairman" to enter into this Agreement
on behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this
Agreement, it has:
(a) Ascertained the location of all existing utilities, both aerial and underground.
A letter of notification and plan of the landscape development improvements
was mailed on October 6th. 2006. to the following utilities/municipalities:
FPL. Collier County Public Water & Wastewater. SprintlEmbarq. Comcast. Time
Warner. City of Naples. AT&T. Owest Communications. Peoples Gas. and Collier
County Traffic Operations.
(b) Complied with all permit requirements from the appropriate agencies
(county, municipality, etc.) in connection with the activities described
hereunder.
.-
,A.genda Item No. 1686
November 14, 2006
Page 5 of 6
Outdoor advertising is specifically excluded from this Agreement in accordance with
Section 479.11, Florida Statutes.
2. The AGENCY hereby agrees to install the landscape improvements in accordance
with the Landscape Development Plan included as Exhibit "A", attached hereto and by this
reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida
Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic
650-050-00 1-c), as they may be amended from time to time.
3. The AGENCY agrees to maintain, at the AGENCY's expense, the landscape
improvements in accordance with the Technical Maintenance Plan included as Exhibit "B",
attached hereto and by this reference made a part hereof.
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be
liable under this section for damages arising out of injury or damage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
6. The AGENCY covenants to keep in force during the period ofthis Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
7. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not been removed, the
Agenda Item No. 16B6
November 14, 2006
Page 6 of 6
DEPARTMENT may, at its option, proceed as follows:
(a) Maintain the landscape improvements within the limits of said project with
DEP ARTMENT' s contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
8. The term of this Agreement commences upon execution by both parties.
9. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
10. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
11. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
DEP ARTMENT OF TRANSPORT A TION
BY:
FRANK HALAS, Chairman
BY:
District Secretary
ATTEST:
DWIGHT E. BROCK, Clerk
ATTEST:
Executive Secretary
By:
, Deputy Clerk
Legal Review
A~ as to fonn and legal sufficiency'
~t, ~L-
Scott Teach
Assistant County Attorney
District Legal Counsel
Agenda Item No. 16B7
November 14, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation (FDOT) and Collier County for landscape beautification on
US 41E Phase "E"/SR 90 (Barefoot Williams Road to Collier Blvd.) and approve a
Resolution evidencing that the Board has approved and authorized the Chairman to sign
this Agreement.
OBJECTIVE: To provide for landscaping along a portion of US 41E Phase "E" (SR 90) from
Barefoot Williams Road to Collier Boulevard and to assure adequate maintenance for the
enhancement.
CONSIDERATIONS: The landscape segment for US 41 East Phase "E" from Barefoot
Williams Road to Collier Boulevard (State Road No. 90), Section Number 03010, Mile Marker
post locations (18.938-20.261) is to be funded through the Landscape Beautification Master
Plan. Since this is a State road, Collier County is required to enter into maintenance of
agreement for landscape improvements with the Florida Department of Transportation.
_.
The Landscape Agreement permits the installation of enhanced landscaping and irrigation and
provisions for ongoing maintenance of all improvements within the County's rights-of-way. The
attached resolution fulfills this state requirement ensuring that Collier County will oversee and
manage the terms of the agreement. The US 41 East Phase "E" fi'om Barefoot Williams Road to
Collier Boulevard landscape and irrigation installation will begin April 2007. The County will
maintain this segment.
FISCAL IMP ACT: Expenditures for the landscape and irrigation installation are budgeted as
part of the Landscape Beautification Master Plan (Fund 112) where the project budget is
$453,740.80. All expenses associated with the improvements and the related ongoing
maintenance shall be the responsibility of Collier County Transportation Alternative
Transportation Modes Department and will be budgeted each year within Fund 112.
GROWTH MANAGEMENT IMPACT: There is no growth management associated with this
Executive Summary.
RECOMMENDATION: That the Board approve the maintenance of agreement between
Florida Department of Transportation (FDOT) and Collier County for landscape beautification
on US 41 E Phase "E" /SR 90 (Barefoot Williams Road to Collier Boulevard) and approve a
Resolution evidencing that the Board has approved and authorized the Chairman to sign this
Agreement.
Prepared By: Pamela Lulich, RLA, Landscape Operations Manager, A TM Department
Attachments (5 Originals needed for signature):
1 FDOT Resolution
2 FDOT Maintenance of Agreement
---
Ilem Number:
Ilem Summary:
Meeting Dale:
Agenda Ilem No. 1667
November 14, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B7
Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation {FOOT) and Collier County for landscape beautification on US
41E Phase EISR 90 (Barefoot Williams Road to Collier Blvd.) and approve a Resolulion
evidencing that the Board has approved and authonzed the Chairman to sign fhls
Agreement.
11/14/20069:00:00':,M
Project Manager
Date
Prepared By
Pamela J. Lulich
Transportation Services
Alternative Transportation Modes
10/19/2006 3:48:53 PM
Approved By
Project Manager
Date
Pamela J. Lulich
Transportation Services
Alternative Transportation Modes
10119120064:44 PM
Assistant County Attorney
Date
Approved By
Scott R. Teach
County Attorney
County Attorney Office
10120120068:45 AM
App roved By
ManagemenUBudget Analyst
Date
Gloria Herrera
Transportation Services
Stormwater Management
10124/200611 :34 AM
Director A TM Director
Date
App roved By
Diane B. Flagg
Transportation Services
Alternative Transportation Modes
10/26/2006 3: Z7 PM
Norm E. Feder. AICP
Transportation Divif:;ion Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
10127/20061:44 PM
Appro,'ed By
Sharon Newman
Transportation Services
Accounting Supervisor
Dale
Transportation Services Admin
10/31120065:03 PM
Approved By
Executive Secretary
Date
Pat Lehnhard
Transportation Services
Transportation Services Admin
11/112006 11 :22 AM
Approved By
Administrative Assistant
Date
OMB Coordinator
County Manager's Office
Office of Management & Budget
111212006 11 :20 AM
Approved By
Budget Analyst
Date
Mark Isackson
County Manager's Office
Office of Management & Budget
11/6/200611:23AM
Approved By
County Manager
Date
James V. Mudd
Board of County
Commissioners
County Manager's Office
11/6/20061:13 PM
Agenda Item No. 1687
November 14, 2006
Page 3 of6
RESOLUTION NO. 2006-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY
LANDSCAPING INST ALLA TION AND MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FOOT), FOR A PORTION OF SR 901 US41E PHASE "E'
FROM BAREFOOT WILLIAMS TO COLLIER BOULEVARD (SR 951).
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter into a
Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County,
wherein FOOT will permit Collier County, at its sole cost and expense, to install and maintain
landscaping within a portion of the SR 90lUS41E Phase "E" right-of-way from Barefoot Williams to
Collier Boulevard (SR 951); and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to move forward with this project, as defmed in the Agreement, and that this Agreement is in the
best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement; authorizes its Chairman, Frank
Halas, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this
Resolution to the FDOT along with the executed Agreement.
This Resolution 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
FRANK HALAS, Chairman
AJ::jt to fZd I'gal suffici,ncy
(? (
Scott Teach
Assistant County Attorney
".
Agenda Item No. 16B7
November 14,2006
Page 4 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
illGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
TillS AGREEMENT, made and entered into this ~ day of November, 2006 . by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT", and Collier County Board of County Commissioners
"COLLIER COUNTY"., hereinafter referred to as the "AGENCY".
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 90 as part
of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way of State Road No. 90. Section
Number 03010. Mile Marker post locations (18.938-20.261), hereinafter referred to as the
"PROJECT"; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated November 14. 2006 , a copy of which is
attached hereto and made a part hereof, has authorized its "Chairman" to enter into this Agreement
on behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this
Agreement, it has: .
(a) Ascertained the location of all existing utilities, both aerial and underground.
A letter of notification and plan of the landscape development improvements
was mailed on October 06. 2006. to the following utilities/municipalities:
FPL. Collier County Public Water & Wastewater. SprintlEmbarq, Comcast. Time
Warner. City of Naples. AT&T. Owest Communications. Peoples Gas and Collier
County Traffic Operations.
(b) Complied with all permit requirements from the appropriate agencies
(county, municipality, etc.) in connection with the activities described
hereunder.
Agenda Item No. 1687
November 14. 2006
Page 5 of 6
Outdoor advertising is specifically excluded from this Agreement in accordance with
Section 479.11, Florida Statutes.
2. The AGENCY hereby agrees to install the landscape improvements in accordance
with the Landscape Development Plan included as Exhibit "A", attached hereto and by this
reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida
Administrative Code, and the Highway landsCape Beautification and Plan Review Procedure (Topic
650-050-001-c), as they may be amended from time to time.
3. The AGENCY agrees to maintain, at the AGENCY's expense, the landscape
improvements in accordance with the Technical Maintenance Plan included as Exhibit "B",
attached hereto and by this reference made a part hereof
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnify, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out ot:
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be
liable under this section for damages arising out of injury or damage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
6. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance poIicy(ies) or the AGENCY's self insurance program.
7. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not heen removed, the
DEPARTMENT may, at its option, proceed as follows:
'.-
Agenda Item No. 1687
November 14, 2006
Page 6 of 6
(b)
Maintain the landscape improvements within the limits of said project with
DEPARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
Remove by DEPARTMENT's contractor or personnel all of the landscape
improvements, return tbe right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
(a)
8. The term of this Agreement commences upon execution by both parties.
9. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
10. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
11. 1bis Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year fIrst above written.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
FRANK HALAS, Chairman
BY:
District Secretary
ATTEST:
DWIGHT E. BROCK, Clerk
ATTEST:
Executive Secretary
By:
, Deputy Clerk
Legal Review
and legal sufficiency:
L
District Legal Counsel
ott each
Assistant County Attorney
Agenda Item No. 1688
November 14, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board approve the maintenance of agreement between Florida
Department of Transportation (FDOT) and Collier County for landscape beautification on
US 41N Phase 5 (Wiggins Pass to the Collier/Lee County Line) and approve a Resolution
evidencing that the Board has approved and authorized the Chairman to sign this
Agreement.
OBJECTIVE: To provide for landscaping along a portion of US 41 North Phase 5 from
Wiggins Pass to the Collier/Lee County Line and to assure adequate maintenance for the
enhancement.
CONSIDERATIONS: The landscape segment for US 41 North Phase 5 from Wiggins Pass to
the Collier/Lee County Line (State Road No. 45), Section Number 03010, Mile Marker post
locations (0.000 to 1.522) is to be funded through the Landscape Beautification Master Plan.
Since this is a State Road, Collier County is required to enter into maintenance of agreement for
landscape improvements with the Florida Department of Transportation.
-
The Landscape Agreement permits the installation of enhanced landscaping and irrigation and
provisions for ongoing maintenance of all improvements within the County's rights-of-way. The
attached resolution fulfills this state requirement ensuring that Collier County will oversee and
manage the tenns of the agreement. The US 41 North Phase 5 from Wiggins Pass to the
Collier/Lee County Line landscape and irrigation installation will begin April 2007. The County
will maintain this segment.
FISCAL IMPACT: Expenditures for the landscape and irrigation installation are budgeted as
part of the Landscape Beautification Master Plan (Fund 112, Project Number 60021) where the
project budget is $579,890. All expenses associated with the improvements and the related
ongoing maintenance shall be the responsibility of Collier County TranspOliation Alternative
Transportation Modes Department and will be budgeted each year within Fund 112.
GROWTH MANAGEMENT IMP ACT: There is no growth management associated with this
Executive Summary.
RECOMMENDATION: That the Board approve the maintenance of agreement between
Florida Department of Transportation (FDOT) and Collier County for landscape beautification
on US 41 North Phase 5 (Wiggins Pass to Collier / Lee County Line) and approve a Resolution
evidencing that the Board has approved and authorized the Chairman to sign this Agreement.
Prepared By: Pamela Lulich, RLA, Landscape Operations Manager, ATM Depatiment
5 Original Attachments needed for signature:
1 FDOT Resolution
2 FDOT Maintenance of Agreement
_..
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1688
November 14, 2006
Page 2 of6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1688
Recommendation that the Board approve the maintenance of agreement betl.veen F!orida
Department of Transportalion (FDOTI and CollierCoLmty for landscape beautification on US
41N Phase 5 (Wiggms Pass 10 the Collier/Lee County Une) and approve a ResolutiOn
evidencing that the Board has approved and authanzed the Chairman to sign this
Agreement
11/14/200690000 AM
Project Manager
Date
Prepared By
Pamela J. Lulich
Transportation Services
Alternative Transportation Modes
10/19/20063:47:39 PM
Pamela J. Lulich
Project Manager
Date
Approved By
Transportation Services
Alternative Transportation Modes
10/19/20064:45 PM
Approved By
Gloria Herrera
Transportation Services
M anagementiBudget Analyst
Date
Stormwater Management
10/24/2006 11 :35 AM
Approved By
Assistant County Attorney
Date
Scott R. Teach
County Attorney
County Attorney Office
10124120062:34 PM
Director A TM Director
Date
Approved By
Diane B. Flagg
Transportation Services
Alternati.....e Transportation Modes
10/26120063:59 PM
Norm E_ Feder. AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Tram.portation Services Admin.
10127/200l\ 1 :44 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Services Admin
10/31120065:04 PM
Approved By
Executive Secretary
Date
Pat Lehnhard
Transportation services
Transportation Services Admin
11111200611:24 AM
Administrative Assistant
Date
Approved By
OM B Coordinator
County Manager's Office
Office of Management & Budget
11/21200611:22 AM
Approved By
Budget Analyst
Date
Mark Isackson
County Manager's Office
Office of Management &. Budget
11/61200611 :30 AM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Manager's Office
11/6/20061:44 PM
Agenda Item No. 1688
November 14,2006
Page 3 of 6
RESOLUTION NO. 2006-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING AND AUTHORIZING THE CHAIRMAN TO SIGN A HIGHWAY
LANDSCAPING INST ALLA nON AND MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FOOT), FOR A PORTION OF SR 45/ US41 NORTH
PHASE "5' FROM WIGGINS PASS ROAD TO COLLIER/LEE COUNTY LINE.
WHEREAS, the State of Florida Department of Transportation (FOOT) is willing to enter into a
Highway Landscaping Installation and Maintenance Agreement ("Agreement") with Collier County,
wherein FOOT will pennit Collier County, at its sole cost and expense, to install and maintain
landscaping within a portion of the SR 45fUS41North Phase "5" right-of-way from Wiggins Pass Road to
Collier /Lee County Line; and
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public
interest to move forward with this project, as defined in the Agreement, and that this Agreement is in the
best interests of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners approves the Agreement; authorizes its Chairman, Frank
Halas, to execute the Agreement; and directs that the Collier County Clerk forward a certified copy of this
Resolution to the FOOT along with the executed Agreement.
This Resolution adopted after motion, second and majority vote favoring same, this _ day of
,2006.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, Chainnan
, Deputy Clerk
Agenda Item No. 1688
November 14, 2006
Page 4 of 6
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY LANDSCAPING INSTALLATION
AND MAINTENANCE AGREEMENT
TIDS AGREEMENT, made and entered into this -H.. day of November. 2006 . by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT", and Collier County Board of County Commissioners
"COLLIER COUNTY"., hereinafter referred to as the "AGENCY".
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 45 as part
of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain certain landscape development
improvements within the unpaved areas within the right-of-way of State Road No. 45. Section
Number 03010. Mile Marker post locations (0.000 to 1.522), hereinafter referred to as the
"PROJECT"; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution dated November 14. 2006 . a copy of which is
attached hereto and made a part hereof, has authorized its "Chairman" to enter into this Agreement
on behalf of the AGENCY;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this
Agreement, it has:
(a) Ascertained the location of all existing utilities, both aerial and underground.
A letter of notification and plan of the landscape development improvements
was mailed on October 06. 2006. to the following utilities/municipalities:
FPL. Collier County Public Water & Wastewater. SprintJEmbara. Comcast Time
Warner. City of Naples. AT&T. Qwest Communications. Peoples Gas and Collier
County Traffic Operations.
(b) Complied with all permit requirements from the appropriate agencies
(county, municipality, etc.) in connection with the activities described
hereunder.
Agenda Item No. 1688
November 14, 2006
Page 5 of 6
Outdoor advertising is specifically excluded from this Agreement in accordance with
Section 479.11, Florida Statutes.
2. The AGENCY hereby agrees to install the landscape improvements in accordance
with the Landscape Development Plan included as Exhibit "A", attached hereto and by this
reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida
Administrative Code, and the Highway landsCape Beautification and Plan Review Procedure (Topic
650-050-001-c), as they may be amended from time to time.
3. The AGENCY agrees to maintain, at the AGENCY's expense, the landscape
improvements in accordance with the Technical Maintenance Plan included as Exhibit "B",
attached hereto and by this reference made a part hereof,
4. Designated personnel as directed by the District Secretary or his designee may inspect
and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is
noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the
District Secretary or his designee shall have the option to do one of two things:
(a) Correct and maintain the landscape improvements with DEPARTMENT's
contractor or DEPARTMENT's personnel and charge the AGENCY for the
reasonable value of said work.
(b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel
all landscape improvements, return the right-of-way to its original condition
and charge the AGENCY the reasonable value for such work.
5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall
indemnity, defend, save and hold harmless, the DEPARTMENT and all of its officers, agents or
employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of,
because of, or due to breach of this Agreement by the AGENCY, its officers, agents, or employees
or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers,
agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be
liable under this section for damages arising out of injury or damage to persons or property directly
caused or resulting from the negligence of the DEPARTMENT or any of its officers, agents or
employees.
6. The AGENCY covenants to keep in force during the period of this Agreement public
liability insurance, property damage insurance and worker's compensation insurance through an
insurance policy(ies) or the AGENCY's self insurance program.
7. This Agreement shall remain in effect until such time the AGENCY or
DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the
AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be
removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original
condition. If, after thirty (30) days, the landscape improvements have not been removed, the
DEPARTMENT may, at its option, proceed as follows:
I
Agenda Item No. 1688
November 14, 2006
Page 6 of 6
(a) Maintain the landscape improvements within the limits of said project with
DEPARTMENT's contractor or personnel and charge the AGENCY for the
reasonable value of said work;
OR
(b) Remove by DEPART~NT's contractor or personnel all of the landscape
improvements, return the right-of-way to its original condition, and charge
the AGENCY for the reasonable value of such work.
8. The term ofthis Agreement commences upon execution by both parties.
".
9. This writing embodies the entire Agreement and understanding between the parties
hereto and there are no other agreements and understanding, oral or written, with reference to the
subject matter hereof that are not merged herein and superseded hereby.
1 O. This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
11. This Agreement shall be governed by and construed in accordance with the laws of
the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law,
the laws of Florida shall prevail.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the
day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER CO~Y, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
FRANK HALAS, Chairman
BY:
District Secretary
A TIEST:
DWIGHT E. BROCK, Clerk
ATTEST:
Executive Secretary
By:
, Deputy Clerk
Legal Review
and legal sufficiency:
L-
District Legal Counsel
ott Teach
Assistant County Attorney
Agenda Item No. 1689
November 14, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve a budget amendment to
transfer funds from County-Wide Bikeway Improvements (Project Number 690811) to Floridan
Avenue (Project Number 601201) in the amount of $283,000.00 and Immokalee Sidewalks (Project
Number 601202) in the amount of $300,000.00.
OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a budget
amendment to transfer funds from County-Wide Bikeway Improvements (Project Number 690811) to
Floridan Avenue (Project Number 601201) in the amount of $283,000.00 and Immokalee Sidewalks
(Project Number 601202) in the amount of $300,000.00.
CONSIDERATIONS: Funds for the Floridan Avenue sidewalk were received from the Collier County
School Board as part of a Local Agency Program (LAP) agreement with the Florida Department of
Transportation (FOOT) and is also being supplemented by the County-Wide Bikeway Improvements.
Funds for the Immokalee Sidewalks will be received as part of a LAP agreement with the FOOT and
supplemented by the County-Wide Bikeway Improvements. In an effort to make budgeting and auditing
of project expenses more clear, it is necessary to place those funds in their appropriate projects.
FISCAL IMPACT: Funds are available in Project Number 690811. A budget amendment is needed to
recognize the transfer of funds into the correct projects in the amount of $583,000.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive SummaJ)'.
RECOMMENDATION: That the Board of County Commissioners approve the necessary budget
amendments.
Prepared By: Trinity Caudill-Scott, TECM Project Manager
-,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B9
November 14. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B9
Recommendation for the Board of County Commissioners to approve a budget amendment
\0 transfer runds from County Wide Bikeway Improvements (Project Number 690811) 10
Floridan Avenue iproJect Number 601201) in the amount of $283,000 and Immokalee
Sidewalks (Project Number 601202) In the amount of $300,000
1111412006900:00 AM
Project Manager
Date
Approved By
Trinity Caudill-Scott
Transportation Services
Transportation Enginee.ring &
Construction Management
10/23120064:17 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
10/25120063:26 PM
Dale A. Bathan, P.E.
Date
Approved By
Transportation Services
Prinicipal Project Manager
Transportation Engineering and
Construction
10/25/20063:29 PM
Rookmin Nauth
ManagemenUBudget Analyst
Date
Approved By
Transportation Services
Transportation Engineering and
Construction
10125120063:47 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin,
10127/2006 1 :49 PM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
11111200610:06 AM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Trnnsportation Services Admin
11/11200611 :25 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
1112/200611:24AM
Susan Usher
Senior ManagemenUBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11161200610;13AM
Michael Smykowski
Management 8. Budget Director
Date
Approved By
County Managers Office
Office of Management & Budget
111612006 2:41 PM
Approved By
James V. Mudd
Board of County
Commissioners
County M .mager
Date
County Manager's Office
11/6/2006 3:23 PM
Agenda Item No. 16810
November 14, 2006
Page 1 of 20
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve: (1) a Resolution
authorizing the Chairman of the Board of County Commissioners to execute a Local
Agency Program Agreement with the Florida Department of Transportation in which
Collier County would be reimbursed up to $330,000 for a Trail Corridor Study along the
FPL transmission lines near Oil Well Road, Camp Keais Road and a connection to Lee
County, and (2) all the necessary budget amendments for the study. (Project # 601203)
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving the attached FDOT Local Agency Program (LAP) Agreement in the amount of
$330,000 for a Trail Corridor Study along the FPL transmission lines near Oil Well Road, Camp
Keais Road and a connection to Lee County (See attached Location Map).
-
CONSIDERATIONS: The Florida Department of Transportation (FDOT) is willing to enter
into a LAP Agreement with Collier County, wherein FDOT will reimburse Collier County up to
the sum of $330,000 for a Trail COlTidor Study along the FPL transmission lines near Oil Well
Road, Camp Keais Road and a connection to Lee County. The "trail study" will be a
corridor/alignment study for the northern end of the proposed FPL Trail in northern Collier
County. The distance of the corridor is 20-25 miles. The study would focus on an area from
Orangetree to the CREW Trust lands near Corkscrew Road in Lee County. The total study costs
are anticipated to be $330,000.
FISCAL IMP ACT: A budget amendment is needed to recognize funds in the amount of
$330,000 and appropriate in the Pathways Project # 601203.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners:
(1) Approve a Resolution approving and authorizing the Chairman of the Board of County
Commissioners to execute the attached Local Agency Program Agreement with the Florida
Department of Transportation in which Collier County would be reimbursed up to $330,000 for a
Trail Corridor Study along the FPL transmission lines near Oil Well Road, Camp Keais Road
and a connection to Lee County; and (2) approve the necessary budget amendments.
Prepared By: Trinity Caudill-Scott, Project Manager, Transportation Services Division,
Transportation Engineering and Construction Management Department.
Attachments: 1) Resolution; 2) FDOT Lap Agreement FM # 417940-1 3) Location Map
--
Item Number:
Item Summary:
Meeting Date:
Agenda Ilem No. 16B10
November 14, 2006
Page 2 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16810
Recommendation to approve (1') Resolution authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement with the Florida Department
of Transportation In whiCh Collier County would be reimbursed up to $330,000 for a Trail
Corndor Study along the FPL transmission lines near Oil Well Road, Camp Keais Road and a
conneclio" to Lee County and (2) approve the necessary budget amendments. (Project
#601203)
11/14/20069.00:00 AM
Date
Approved By
Trinity Caudill.Scott
Transportation Services
Project Manager
Transportation Engineering &
Construction Management
10/23120064:18 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
10/25/20063:25 PM
Approved By
Dale A. Bathon, P.E.
Transportation Services
Date
Prinicipal Project Manager
Transportation Engineering and
Construction
10125120063:32 PM
Rookmin Nauth
Management/Budget Analyst
Date
Approved By
Transportation Services
Transportation Engineering and
Construction
10/25/2006 3:45 PM
Kay Luongo
Grants CoordInator
Date
Approved By
Transportation Services
Transportation Admin
10126/20061:52 PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin,
10127/20061 :51 PM
Scott R. Teach
Assistant County Attorney
Date
Approved By
County Attorney
County Attorney Office
10130120069:11 AM
Sharon Newman
Accounting Supervisor
Date
Approved By
Transportation Services
Transportation Services Admin
11/1I200610:18AM
Pat Lehnhard
Executive Secretary
Date
Approved By
Transportation Services
Transportation Services Admin
1111/200612:50 PM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management &. Budget
111212006 11 :43 AM
Susan Usher
Senior ManagementfBudget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1116/200611:13 AM
Approved By
Management & Budget Director
Date
Michael Smykowski
County Manager's Office
Office of Management & Budget
1116/2006 3: 11 PM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
11/6/2006 3:42 PM
Agenda Item No. 16810
November 14, 2006
Page 3 of 20
RESOLUTION NO. 2006 -
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE, AN AMENDED LOCAL AGENCY PROGRAM
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR
A TRAIL CORRIDOR STUDY ALONG THE FPL TRANSMISSION LINES NEAR OIL WELL
ROAD, CAMP KEAIS ROAD AND A CONNECTION TO LEE COUNTY.
WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into an amended
Local Agency Program Agreement ("Agreement) with Collier County, wherein FDOT will reimburse Collier County up
to the sum of $330,000 out of an estimated $330,000 total project cost for a Trail Conidor Study along the FPL
transmission lines near Oil Well Road, Camp Keais Road and a connection to Lee County.
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to
complete a planning study for this pathway, and that this Agreement is in the best interests of the citizens of Collier
County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDOT along with the Agreement
for execution by FDOT.
3. This Resolution shall take effect immediately upon adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
,2006.
day
of
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chailman
, Deputy Clerk
Approved as to form and legal sufficiency:
Scott R. Teach
Assistant County Attorney
lU/~a/~UO~ 10:13 FAX 2392135885
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Agenda Item Nd4lt6B.10
November 14, 2006
Page 4 of 20
srATe 01' FLOFlIO,l. DEPARTMENT OF TRANSI'OI'tTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT MIlNAGEMeNT OFFICE
0$106
Pai:8 1
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
FLAIR Approp:
FLAIR Obj:
Vendor No: F 596000558102
FPN: 417940-1 Fund: ~
Federal No: 8887256 A Org Code: 55014010106
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
FPN: Fund:
Federal No: Org Code:
County No:03 Contract No:
Data Universal Number System (DUNS) No: 80-939-7102
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS AGREEMENT, made and entered into this _ day of , _ by and between the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the
Department, and Collier Countv. Finance Deoartment. 2671 Airoort Road, Naoles. Florida 34112 hereinafter called the
Agency.
WIT N c SSE T H:
WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described,
and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction inCluding
the implementation of an integrated and balanced transportation system and is authOrized under Section 339.12, Florida
Statutes, to enter into this Agreement;
~ow, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as
followS:
1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in ~
laneltrail corridor study. and as further described in Exhibit uN attached hereto and by this reference made a part hereof,
hereinafter called the "project: and to provide Department financial assistance to the Agency and state the tenns and
conditions upon which such assistance will be provided and the understandings as to the manner in which the project will
be undertaken and completed.
1.01 Attachments: Exhibit(s) A. B and 1 are attached and made a part hereof.
2.01 General Requirements: The Agency shall complete the project as described in ExhIbit "A" with all practical
dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable
laws. The project will be perfonned in accordance with all applicable Department procedures, guidelines, manuals,
standards, and directives as described in the Department's Local AQencv Program Manual. which by this reference is
made a part hereof as if fully set forth herein. Time is of the essence as to each and every Obligation under this
Agreement.
A full time employee of the Agency, qualified to en.'~ure that the work being pursued is complete, accurate, and consistent
with the terms, conditions, and specifications of this Agreement shall be in charge of each project.
2.02 expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2007. If the
Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled
completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted
in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered
termination of the project. The cost of any work performed after the expiration date of this Agreement will not be
reimbursed by the Department.
2.03 Pursuant to Federal. State, and Local Laws: In the event that any election, referendum, approval, permit, notice
or other proceeding or authorization is reQuisite under applicable law to enable the Agency to enter Into this Agreement or
to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency
will initiate and COlisummate, as provided by law, all actions necessary with respect to any such matters so requisite.
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Agenda Item N~ ~@~ 10
November 14, 2006
Page 5 of 20
STATE OF FI.ORlOA CEPARTMENTOFTFlANSPORTATION
lOCAL AGENCY PROGRAM AGREEMENT
525-0.0-40
PROJECT MANAGEMENT OFFICE
0llI06
P;.ge2
2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including
federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project.
2.05 Submission of Proceedings. Contracts, and Other Documents: The Agency shall submit to the Department
such data. reports, records, contracts, and other documents relating to the project as the Department and the Federal
Highway Administration (FHWA) may require.
3.00 Project Cost:
3.01 Total Cost: The total cost of the project is $ 330.000.00. This amount is based upon the schedule of funding in
Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved.
The sChedule of funding may be modified by mutual agreement as provided for in paragraph 4.00.
3.02 Department Participation: The Department agrees to participate, Including contingencies, in the project cost to the
extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal-
aid participation.
3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date
of this Agreement. It is understood that Department participation In eligible project costs is subject to:
a) Legislative approval of the Department's appropriation request in the work program year that the project is
scheduled to be committed;
b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement;
c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement; and
d) Department approval of the project scope and budget at the time appropriation authority becomes available.
3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years.
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See
Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for
reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when
funds are available.
3.05 Multi.Year Commitment: In the event this A.greement is in excess of $25.000 and has a term for a periOd of more
than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts bUdgeted as
available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such contract. The department shall require a
statement from the comptroller of the Depi;lrtment that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of
the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall
be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25.000
and Which have a term for a period of more than 1 year."
3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice-
to-Proceed from the Department.
3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in
conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.ER.) and 49
C.F.R.. and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid
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Agenda Item N~ ~e~ 10
November 14, 2006
Page 6 of 20
STAT!: OF FLORIDA. OEPARTMe.NT OF TRANSPOFlTIITlON
LOCAL AGENCY PROGRAM AGREEMENT
S25-Q1Q-40
PROJECT UANAGEMENT OFFICE
08106
PIlge3
on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part
thereof in\lolving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not
eligible, federal participation may be approved in the amount determined to be adequately supported and the Department
shall notify the Agency in writing citing the reasons Why items and amounts are not eligible for federal participation.
Where correctable non-compliance with provisions of law or FHWA requIrements exists, Federal funds may be withheld
until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation
in parcel or project costs In part or in total.
For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment,
the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of
funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of
funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in
conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual
written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the
Department's Comptroller and to the Department's Federal-aid Program Office. No increase or decrease shall be
effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's
Comptroller.
5.00 RecordS:
5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this
Agreement shall be maintained and made available upon request to the Department at all times during the period of this
-~greement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to
1e Department upon request. Records of costs incurred include the Agency'S general accounting records and the project
records, together wlth supporting documents and records of the Agency and all subcontractors performing work on the
project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit
of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained
until all litigation, claims or audit findings involving the records have been resolved.
5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible oosts of the project except
costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed
funding or attributable to actions which have not received the required approval of the Department shall not be considered
eligible costs.
5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by
the Agency or others. shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers
evidencing in proper detail the nature and propriety of the charges.
5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria:
The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by
the Department, as described in this section.
Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
Rorlda Statutes. as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits
by Department staff. limited scope audits as defined by OMS Circular A-133, as revised. and/or other procedures. By
entering. into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures{processes deemed appropriate by the Department. In the event the Department determines that a limited
scope audit of the recipient Is appropriate, the recipient agrees to comply with any additional Instructions provided by the
Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the FOOT's Office of Inspector General (DIG), and
the Chief Financial Officer (CFO) or Auditor General.
Audits
Part I _ Federally Funded: Recipients of federal funds (I.e., state, local government or non-profit organizations as
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Agenda Item N~ ~Q~10
November 14, 2006
Page 7 of 20
STATe OF FlORIOA OEPAR7MENl' OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01 ()-40
PROJECT MANAGEMENT OI'FICE
08106
P~ge 4
defined in OMS Circular A-133, as revised) are to have audits done annually using the following criteria:
1. In the event that the recipient expends $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 OMS Circular A-133, as
revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department 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 Department. The determination of amounts of
federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as
revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB
Circular A-133. as revised, will meet the requirements of this part.
2. 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 of OMS Circular A-133, as revised.
3. If the recipient expends less than $500,000 In federal awards in its fiscal year, an audit conducted in accordance
with the provisions of OMS Circular A-133, as revised, is not required. However, if the recipient elects to have an
audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-federal resources (Le., the cost of such an audit must be paid from recipient resourCes obtained
from other than federal entities).
4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number and year, and name of the awarding federal agency.
Part II - State Funded: Recipients of state funds (I.e., a non-state entity as defined by Section 215.97(2) (I), Florida
Statutes) are to have audits done annually using the following criteria:
1. 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 $eetie-n 215.97, Florida Statutes, applicable rules of the Executive Office of
the Governor and the CFO, 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 financial assistance
awarded through the Department 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 Department, other state agencies, and other non-state entities. State financial assistance does
not include federal direct or pass-through awards and resources received by a non-state entity for federal
program matching requirements.
2. In connection with the audit requirements addressed in Part lit 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
financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Audftor General.
3. If the recipient expends less than $500,000 In state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97. Florida Statutes, is not required. However, if the recipient
elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of
the audit must be paid from the non-state entity's resources (Le., the cost of such an audit must be paid from the
recipient's resources obtained from other than State entities).
4, State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award
number and year, and name of the state agency awarding it.
Part III - Other Audit Requirements: The recipient shall follow up and take correotive action on audit findings.
Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the
audit findings is required. Current year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the
dispute is resolved. Access to project records and audit work papers shall be given to the Department. the Department of
Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or
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Agenda Item N~ t)6!i 10
November 14, 2006
Page 8 of 20
STATE OF FLORIDA oEPAP.'rUENT OF TRANsPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52$-01 CHO
I"ROJE:CT MANAGeMENT OFFice
oeIoe
F'B\leS
arrange for the conduct of additional audits or evaluations of state financial assistance' or limit the authority of any other
state official.
Part IV . Report Submission:
1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as re-lised,
and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMS Circular A.
133. as revised, by or on behalf of the reCipient directly to each of the following:
a) The Department at each of the following addressees):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 101n Street
Jeffersonville, IN 47132
c} Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (t). OMB Circular
A-133, as revised.
2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in
accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons
pursuant to Section .320 (e)(2). OMB Circular A-133, as revised, the reCipient shall submit the required written
notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of
Federal Awards directly to each of the following:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
In addition, pursuantto Section .320 (t). OMS Circular A-133. as revised. the recipient shall submit a copy of the
financial reporting package described in Section .320 (c), OM6 Circular A-133, as revised, and any Management
Letters issued by the auditor, to the Department at each of the following addresses:
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
3. Caples of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf
of the recipient directly to each of the following:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
b) The Auditor General's Office at the following address:
Auditor General's OffICe
Room 401, Pepper Building
111 West Madison Street
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Agenda Item NjtJ 06S1 0
November 14, 2006
Page 9 of 20
STATE OF FI.ORIDA DEPARTMeNT OF TAA/IlSPOATATION
LOCAL AGENCY PROGRAM AGREEMENT
525-01 tMO
Pl'tOJECT IlAANAGEMENT OFFICE
08I0B
Pil!l"b
Tallahassee, Florida 32399-1450
4. 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:
a) The Department at each of the following address(es):
Michelle S. Peronto
801 North Broadway Avenue
Bartow, Florida 33830
5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to
this Agreement shall be submitted in a timely manner in accordance with OMS Circular A-133, as revised, Florida
Statutes. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with
OMB Circular A-133, as revised, 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 financial reporting package
was delivered to the recipient in correspondence accompanying the financial reporting package.
Part V . Record Retention: The recipient shall retain sufficient records demonstrating Its compliance with the terms of
this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its
designee, the state CFO or Auditor General access to such records upon request The recipient shall ensure that the
independent audit documentation Is made avajlabl~ to the Department, or its designee, the state CFO or Auditor General,
upon request for a period of at least 5 years from the date the audit report is issued, unless extended In writing by the
Department
5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized
representatives and authorized agents of FHWA to Inspect all work, workmanship, materials, payrolls, and records and to
audit the books, records, and accounts pertaining to the financing and development of the project.
The Department reserves the right to unilaterally c;~mcel this Agreement for refusal by the Agency or any contractor. sub-
contractor or materials vendor to allow public access to all documents, papers. letters or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1)
(e), Florida Statutes).
5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right-
of -way, the Agency must submit to the Department an annual report of its real property acquisition and relocation
assistance activities on the project. Activities shall! be reported on a federal fiscal year basis, from October 1 through
September 30. The report must be prepared using the format prescribed In 49 C.F.R. Part 24, Appendix Bo and be
submitted to the Department no later than October 15 of each year.
6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses
incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida
Statutes).
All recipients of funds from this Agreement, inCluding those contracted by the Agency. must submit bills for any travel
expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and
Chapter 3~"Travel" of the Department's Disbursement ODerations Manual, Topic 350-030-400 (Section 287.058(1 )(b),
Florida Statutes).
If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed
pursuant to this Agreement. the Department may offset such amount from payments due for work or services done under
any agreement which it has with the Agency owing such amount if. upon demand, payment of the amount is not made
within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of
contract by the Department.
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Agenda Item N~ ~6! 1 0
November 14, 2006
Page 10 of 20
S'l'ATE Of' FI.O~l),f. DEPARTMENT OF TAANSI"ORTATlOH
LOCAL AGENCY PROGRAM AGREEMENT
Q25-01Q.40
PROJECT MANAGEMEJotT OFFICI:
081116
P3(j" 1
7 .00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reim bursement
to the Agency in amounts and at times deemed boy' the Department to be proper to ensure the carrying out of the project
and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may
elect by notice in writing not to make a payment if:
7.01 Misrepl"esentation: The Agency shall have made misrepresentation of a material nature in its application. or any
supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant
hereto;
7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or
obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project;
7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this
Agreement. requires the approval of the Department or has made related expenditure or incurred related obligations
without having been advised by the Department th~t same are approved;
7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph
12.06 or 12.07.
7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the
Agreement '
7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the
FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid.
'.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs
Incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the
expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "8" for
the project, costs agreed to be borne by the Agency or Its contractors and subcontractors for not meeting the project
commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
7.08 Finalln'loices: The Agency must submit the flnallnvoice on the project to the Department within 120 days after the
completion of the project. Invoices submitted after the 120-day time period may not be paid.
8.00 Termination or Suspension of Project:
8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all
of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased
or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the
Department requires such termination.
If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option
of (a) Immediately terminating this. Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency
with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at
the end of such time. Suspension of this Agreement will not affect the time period for completion of the project.
If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the
Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of
termination or specify the stage of work at which this Agreement is terminated,
If this Agreement is terminated before performance is completed. the Agency shall be paid for the work satisfactorily
performed. Payment Is to be on the basis of substantiated costs.
8.02 Action Subsequent to Notice-of- Termination or Suspension: Upon receipt of any flnal termination or suspension
notlce under this paragraph. the Agency shall proceed promptly to carry out the actions required therein which may
include any or all of the following: (a) necessary a<.1:ion to terminate or suspend, as the case may be, project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which
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Agenda Item Ndtloes 10
November 14, 2006
Page 11 of 20
STATe OF FLORIDA DePARTMeNT OF TIUNSPOl'tTATION
LOCAL AGENCY PROGRAM AGREEMENT
52~10-40
PROJeCT MANAGEMENT QF"ICE
Oll/llB
,""go!
the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the
cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity
with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions
imposed by the Department upon the failure of the Agency to fumish the schedule, plan, and estimate within a reasonable
time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the
Department may otherwise have arising out of this ,lI,greement.
9.00 Contracts of Agency:
9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not
execute any contract or obligate itself in any manner requiring the disbursement of Department funds. including consultant
or construction contracts or amendments thereto, with any third party with respect to the project without the written
approval of the Department Failure to obtain such approval shall be sufficient cause for nonpayment by the Department.
The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to
approve or disapprove the employment of the same.
9.02 Compliance with Consultants' Competitive NegotJatlon Act: It is understood and agreed by the parties hereto
that participation by the Department in a project with the Agency, where said project involves a consultant contract for
engineering, architecture or surveying services, is '~ntingent on the Agency's complying in full with provisions of Section
287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will
involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify
to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act.
10.00 Disadvantaged Business Enterprise (DI9E) Policy and Obligation: It is the policy of the Department that DBE's,
as defined in 49 CFR. Part 26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and '
state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contra:Ctors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that the DBE'.S have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color,
national origin or sex In the award and performance of contracts, entered pursuant to this Agreement.
11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors
to comply with all terms and conditions of this Agreement and all federal. state, and local laws and regulations applicable
to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with. and will
require its contractors and subcontractors to comply with, all reQuirements imposed by applicable federal, state, and local
laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
- Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable.
12.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin,
disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, age, religion, color, gender, national orIgin,
disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship. Th';9 Agency shall insert the foregoing provision modified only to show the
particular contractual relationship in all its contracts In connection with the development of operation of the project, except
contracts for the standard commercial supplies or raw materials. and shall require all such contractors to insert a similar
provision In all subcontracts, except subcontracts for standard commercial. supplies or raw materials. When the project
involves installation, construction. demolition, removal, site improvement or similar work, the Agency shall post, in
conspicuous places available to employees and applicants for employment for project work, notices to be provided by the
Department setting forth the provisions of the nondiscrimination clause.
12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with al( the reQuirements imposed by Title VI of the
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Agenda Item NiaI GOB 1 0
November 14, 2006
Page 12 of 20
STATi OF FLORIDA DEPARTMeNT 01' TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
PROJECT tMNAGIiMENT OFFICE
08106
Page 9
Civil Rights Act of 1964. the regulations of the U.S. Department of Transportation issued thereunder, and the assurance
by the Agency p....rsuant thereto.
The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil
Rights Act of 1964,49 C.F.R. Part 21, and related statutes and regulations.
12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by
the ADA. the regulations of ttle Federal government issued thereunder, and assurance by the Agency pursuant thereto.
12.04 Public entity Crtme: A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a publiC entity; may not be awarded or perform work as a contractor. supplier,
subcontractor or consultant under a contract with any public entity; and may not transact business with any publiC entity In
excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed
on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a
contract to provide goodS or services to a public entity; may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids on leases of real property to a pUblic entity;
may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity.
_12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An
mtity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined
by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair
of a public building or publiC work on a contract with the Agency.
12.07 Prohibited Interests: Neither the Agency nor any of Its contractors or their subcontractors shall enter into any
contract, subcontract or arrangement in connectIon with the project or any property included or planned to be included in
the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter
has any interest. direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had
acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the
Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any
such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such
contract, subcontract or arrangement.
The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to
be included in any project, and shall require its contractors to insert in each of their subcontracts. the following provision:
"No member. officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof,"
The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories
or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency.
12.08 Interest of Members of, or Delegates to. Congress: No member or delegate to the Congress of the United
States shall be admitted to any share or part of this Agreement or any benefit arising therefrom,
13.00 Miscellaneous Provisions:
13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable
environmental regulations, for any liability arising from non-compliance with these regulations. and will reimburse the
Department for any loss incurred in connection therewith. The Agency wlU be responsible for securing any applicable
permits.
13.02 Department Not Obligated to Third Parties: The Department shall not be Obligated or liable hereunder to any
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Agenda Item N@ OIJ)S 1 0
November 14, 2006
Page 13 of 20
STATE OF FLORlDA DEPARTMENT OF TRANSI"ORTATION
LOCAL AGENCY PROGRAM AGREEMENT
5254:110-40
PROJECT MANAGEMENT OFFice
0SIll B
Page 10
individual or entity not a party to this Agreement.
13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the
Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may
then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default
shall exist, shall in no way impair or prejuClice any rIght or remedy available to the Department with respect to such breach
or default.
13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid,
the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform
to the terms and requirements of applicable law.
13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paId and, also
agrees not to pay, any bonus or commission for tM purpose of obtaining an approval of its application for the financing
hereunder.
13,06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision
or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the
Agreement violate any applicable state law, the Agency will at once notify the Department in writing In order that
appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may
proceed as S00n as possIble with the project.
13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold
harmless the Department and all its officers, agents, and employees from any claim, loss, damage, cost, charge or
expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the
performance of this Agreement except that neither the Agency, its officers, agents or its employees will be liable under
this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act
by the Department or any of its officers, agents or employees during the performance of this Agreement.
The parties agree that this clause shall not waive the benefits or provisions of Chapter 768.28, Florida Statutes, or any
sim i1ar provision of law.
When the Department receives a notice of claim for damages that may have been caused by the Agency in the
performance of services required under this Agreement. the Department will immediately fOlWard the claim to the Agency.
The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and
will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to
require the partiCipation of the Agency in the defense of the claim or to reqUire the Agency defend the Department in such
claim as described in this paragraph. The Department's failure to promptly notify the Agency of a claim shall not act as a
waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the
Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one
party participates in the defense of the claim at trial, that party is responsible for all expenses at trial.
13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the
State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications
covering the project. The Department will review all plans and specifications and will issue to the Agency a written
approval with any approved portions of the project and comments or recommendations covering any remainder of the
project deemed appropriate, After resolution of th,*,e comments and recommendations to the Department's satisfaction,
the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written
approval shall be sufficient cause of nonpayment by the Department.
13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify
compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or
solicitation of bids for construction of the project, including those projects for Which no right-of-way is required.
13.10 Agency Certification: The Agency will certify in writing, prior to project c:Ioseout, that the project was completed in
accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's
name, and the project is accepted by the Agency as suitable for the intended purpose.
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Agenda Item Nditll')9;1B 10
November 14, 2006
Page 14 of 20
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
52$.010-<10
PROJECT MANAGEMEtIT OFFICe
011106
Page 11
13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the sIngular. All words used in any gender shall extend to and include
all genders.
13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts,
each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the
same instrument.
13.13 Restrictions on lobbying:
Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the
Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the
awarding of any federal contract. the making of any federal grant. the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract,
grant. loan or cooperative agreement.
If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency. a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying: in accordance with its instructions.
The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants; and contracts under grants. loans, and cooperative agreements) and that all
~-..!;ubrecipients shall certify and disclose accordingly.
State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a
state agency.
13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency [8J will 0 wiU not
maintain the improvements made for their usefullifl~.
13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the
Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect
and approve the goodS and services unless the bid specifications, purchase order or contract specifies otherwise. The
Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days
are measured from the latter of the date the invoice is received or the goods or ser\lices are received. inspected, and
approved.
If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods
and servlces, a separate interest penalty In accordance with Section 215.422(3)(b), Florida Statutes. will be due and
payable in addition to the Invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless
the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors
will result in a delay in the payment. The invoice payment requirements do not start until iii properly completed invoice is
provided to the Department.
A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline. 1-
800-848-3792.
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Agenda Item N~ OillB 1 0
November 14, 2006
Page 15 of 20
STATE OF FLORIDA OEPARThlENT OF ~"'ORTATtON
LOCAL AGENCY PROGRAM AGREEMENT
S2!Hl10-4ll
PROJECT MANAG~r.ENT OFFICE
08106
P.og<l12
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written.
AGENCY COLLIER COUNTY
By~
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Name:
Title: BoCC Chairman or Designee
By:
Name: Michael G. Rippe
Title: Director of Transportation Development
Attest:
Title: Clerk
Attest:
Title: Executive Secretary
As to form:
As to form:
Attorney
District Attorney
See attached Encumbrance Form for date of funding approval by Comptroller.
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Agenda Item NltIlliS 10
November 14, 2006
Page 16 of 20
STATE OF F~OflIOA DEPARTMENT OF TRANSPORTATION
LOCAL AGENCY PROGRAM AGREEMENT
525-010-40
Pf\OJECT MANAGEMENT OFFICE
08106
P~g,,'3
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
FPN: 417940-1
This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and
Collier County
Dated
PROJECT LOCATION: The study s for the northern end of the proposed FPL Trail innorhter Collier County. The study
will focus on an area from Orangetree to the CREW Trust lands near Corkscrew Road near Lee county line.
The project 0 is J:81 is not on the National Highway System.
The project 0 is I8l is not on the State Highway System.
PROJECT DESCRIPTION: The study will look at various components. which shall include public involvement and
consultation/coordiantion with FPL and adjacent propElrty owners, engage Ave Maria developers to allow routing of FPL
Trail through Ave Maria, coordianatlon of FPL Trail with Little League Road extension in western Immokalee, cordlnation
_ of FPL Trail with proposed developments in vicinity of Immokalee, such as the potential US homes project in the
lorthwest quadrant of Immokalee Road/Camp Keais Road intersection, implementation plan and concepts for amenities
with cost estimates, maintenance plan and coordination with Lee County Parks and Reeation Department.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where
applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action. and
the funding action from any other source with respect to the project.
The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate
permitting with the Department. and notify the Department prior to commencement of any right-ot-way activities.
The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in
accordance with the follOWing schedule:
a) The Trail Corridor Study to be completed by December 31.2007.
If this schedule cannot be met, the Agency will notify the Department In writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
All work to be conducted outside of the Department Right-of-Way shall adhere to the 2005 Florida Greenbook standards.
as amended.
All work to be conducted within the Department Right-of-Way shall adhere to the following:
(1) The FOOT standard specification for road and bridge construction. 2004 edition as amended. and
(2) The FDOT roadway and traffic design standard. 2006 edition as amended and design criteria from the PPM, 2006
edition as amended.
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Agenda Item N@ Offil1 0
November 14, 2006
Page 17 of 20
STATE OF FLORIDA DEPARTMENT OF "AAN$PO~ATION
LOCAL AGENCY PROGRAM AGREEMENT
62S-G1().40
PROJECT MANAGEM5NT OJ=FICE
oaJOG
P~g<l14
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
For an projects the following will apply:
(a) Section 287.055, F.S. "Consultants Competitive Negotiation Act"
(b) FOOT "Project Development and Environmental Manual," where applicable
(e) The Local Agency Program Manual
The Agency will inform the Department in writing of the commencement and completion of the project. Upon completion
of the project phase, the Department will have forty-five (45) days after receipt of the Agency's invoice to review, inspect
and approve the project phase for payment.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
The Department shall reimburse the Agency. subject to funds availability, in the year programmed (currently 06/07 for
planning).
10/23/2006 10:16 FAX 2392135885
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Agenda Item NQ!! ()Gl!5 1 0
November 14, 2006
Page 18 of 20
STATE OF FLORIDP. DEPARrMENT Of'Tl'tANSPOIl.TATION
LOCAL AGENCV PROGRAM AGREEMENT
52!Kl~(l.4{)
PROJECT MANAGEMENT OFFICE
06106
Page' $
EXHIBIT "B"
SCHEDULE OF FUNDING
AGENCY NAME & BILLING ADDR.ESS
Collier County
Finance Department
2671 AIrport Road
Naples, Florida 34112
FPN:
417940-1
PROJECT DESCRIPTION
Name; T~iI Study Length: _
Termini: ~ott end of the Drooosed EPL Trail in northern Collier Countv
FUNDING
(1) (2) (3)
TYPE OF WORK By Fiscal Year TOTAL AGENCY STATE &
PROJECT FUNOS FUNDS FEDERAL FUNDS
Planning 2006-2007 3~0 000.00 330.000.00
- 2007-2008
2008-2009
Tota~ Planning Cost 330,000.00 330,000.00
Project Development & Environment (PD&E)
200$-2007
2007.2008
2008-2009
Total PD&E Cost
Design 2006-2007
2007-2008
2008-2009
Total Design Cost
Right-of-Way 2006-2007
2007.2008
2008-2009
TOlal RiGht-of.wav Cost
Construction 2006-2007
2007.2008
2008-2009
2009-2010
Total Construction Co~t
Construction Engineering and Inspection (CEI)
2006.2001
2007-2008
2008-2009
Tot;;ll CEI Cost
Total Construction and CEI Costs
TOTAL COST OF THE PROJECT 330.000,00 330.000.00
The Department's fiscal year begins on July 1. For this project. funds are not projected to be available until after the 1 st of July of each
fiscal year. The Departrnentwill notify the Agency. in writing, when funds are available.
"No work shall begin until the Department has issued a written Notice to Prooeed for each phase. Funds are contingent upon
legIslative approval.
~~/~a/~uu~ 10:16 FAX 2392135885
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Agenda Item Nd4J~1 0
November 14, 2006
Page 19 of 20
STATE OF F~ORIOA DEPARTMENT OF TAANSPQRTATlON
LOCAL AGENCY PROGRAM AGREEMENT
S25-lJ1 Cl-40
PRO.JeCT MANAGEMENT OFFICJ::
08/0~
PllQe 16
EXHIBIT "1"
SINGLE AUDIT ACT
Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following:
Federal Agency: Federal Highway Administration
CFDA #: 20.205 Highway Planning and Construction
Amount: $ 330,00.00
Compliance Requirement:
Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as
local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program. which provides assistance
for bridges on and off the federal-aid highways, highway safety activities. bicycle and pedestrian projects, transportation
enhancement activities, the recreational trails program, and planning, research, development. and technology transfer,
Proposed projects meeting these and other plannIng, design, environmental, safety, etc.. requirements can be approved
on the basis ~ state and local priorities within the limit of the funds apportioned or allocated to each state.
Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49
C.F.R. and the OMB cost principles applicable to the recipient/sub-recipient
Eligibility: By law, the federal-aid highway program is a federally assisted state program that requires each state to have
a suitably equipped and organized transportation department. Therefore. most projects are administered by or through
state Departments of Transportation (Stale DOTs). Projects to be funded under the federal-aid highway program are
generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local
officials, as speclfied in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same
manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a
state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration
(FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies
(FlMAs). Under the FlHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments
and are approved by the Bureau of Indian Affairs (SIA) and the FHWA. Due to recent legislation, Tribal Governments
meeting certain requirements may now administer various IRR projects on behalf of the BfA and FHWA. The Fish and
Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and
Parkways programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly
select projects.
Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As
Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements In Sections
112.061, 215.422, 339.12, and 339.135, Florida St3tutes, and Title 23 and Title 49, C.F.R.
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Agenda Item No. 16811
November 14, 2006
Page 1 of 30
",""-".
EXECUTIVE SUMMARY
Recommendation to approve submittal of a Targeted Watersheds Grants Program
grant application to the United States Environmental Protection Agency (EPA) for
the Gordon River Water Quality Park in the amount of $989,727.
OBJECTIVE: To receive approval of the submittal of a Targeted Watersheds
Implementation Grant to the EP A for the Gordon River Water Quality Park in the amount
of$989,727.00.
CONSIDERATIONS: The purpose of the EPA program is to promote successful
community-based approaches and management techniques to protect and restore the
nation's waters. The program is an integral approach to the Agency's watershed
approach to clean water by providing assistance to watershed groups and service provider
organizations working to protect and restore watersheds valued for fishing, swimming,
drinking and other important uses.
-
States, local governments, public and private nonprofit institutions/organizations,
federally recognized Indian tribal governments, US territories or possessions and
interstate agencies are eligible to apply. EP A is requiring applicants to demonstrate in
their proposal submission how they will provide the minimum non- federal match of 25
percent of the total cost of the proposal. EPA will fund a maximum of75 percent of the
total project cost.
The Gordon River Water Quality Park Project consists of a 50-acre natural water quality
treatment facility, which will provide tertiary treatment of stormwater runoff from the
Gordon River Extension Basin and flooding relief to sUlTounding neighborhoods. Based
on the application of an interconnected system of multi-depth ponds, polishing marshes,
and wetlands, the man-made park will function as a natural filtration system similar to the
Everglades.
Project outcomes include monitoring contaminant loads to the watershed and providing
an indication of measurable progress. The project's educational outreach elements will
involve several watershed stakeholder groups and implement a watershed based
environmental educational program. The outcomes expected as a result of implementing
the project include on-the-ground wetland restoration and creation, upland restoration and
creation, treating off site urbanized runoff before being treated through the wetland
system.
As required by the grantor, the proposal has been forwarded first to the Florida
Department of Environmental Protection for approval and nomination by Governor Jeb
Bush. If nominated for award, the Governor's support letter will be included in the
package when submitted to EP A.
,,-.
FISCAL IMPACT: The total project cost is $1,485,729. The amount requested from
EP A is $989,727 and the local match is $248,001 for Collier County with an additional
Agenda Item No. 16811
November 14, 2006
Page 2 of 30
$248,001 committed funds from the South Florida Water Management District. The
County matching funds are available in the FY 07 CIP Fund 325, Project Number 51018
Gordon River Water Quality Park. If awarded, a budget amendment will be processed to
recognize grant funds.
GROWTH MANAGEMENT IMPACT: The Gordon River Water Quality park project
is in accordance with the goals and objectives of the Drainage Sub-element of the Growth
Management Plan for Collier County Stormwater Management.
RECOMMENDATION: That the Board of County Commissioners approve submittal
ofa Targeted Watersheds Program Grant to the EPA for the Gordon River Water Quality
Park in the amount of $989,727.
Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services
Division, Stormwater Management Department
Attachment: Draft EP A Application
-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B11
November 14, 2006
Page 3 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16811
Recommendation to approve submittal of a Targeted Watersheds Grants Program grant
application to the United Stales Envlfonmental Protection Agency (EPA) tor the Gordon River
Water Quality Park In the amount of $989.727 00
11114120069:00:00 AM
Project Manager
Date
Prepared By
Margaret A. Bishop
Transportation Services
Stomlwater Management
10/23/20062:47:05 PM
Project Manager
Date
Approved By
Margaret A. Bishop
Transportation Services
Stormwater Management
10/23/2006 2:4B PM
Approved By
Grants Coordinator
Date
Kay Luongo
Transportation Services
Transportation Admin
10/2512006 11: 27 AM
Marlene J, Foord
Grants Coordinator
Date
Approved By
Administratiye Services
Administrative Services Admin.
101251200611:31 AM
Approved By
Date
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
10/25120062:39 PM
Apl'roved By
Transportation Division Adrn'lnistrator
Date
Norm E. Feder, Ale?
Transportntion Services
Transportation Services Admin.
10/27/20061:53 PM
M anagementlBudget Analyst
Date
Approved By
Lisa Taylor
Transportation Services
Transportation Administration
10127/20063:55 PM
Accounting Sup~rvisor
Date
Approved By
Sharon Newmnn
Transportation Services
Transportation Services Admin
11/1/200610:26 AM
Executive Secretary
Date
Approved By
Pat Lehnhard
Transportation Setvices
Transportation Services Admin
11/1/2006 1 :05 PM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
11121200611:45AM
Apl'roved By
Senior ManagementfBudget Analyst
Date
Susan Usher
County Manager's Office
Office of Management & Budget
1116120069:13 AM
Management & Budget Director
Date
Apl'roved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
1115/2006 9:24 AM
Approved By
Date
James V, Mlldd
Board of County
Commis.sioners
County Manager
County Manager's Office
11/6120067:05 PM
COllIER COUNIT
TRANSPORTATION SERVICES DMSION
Agenda Item No. 16811
November 14, 2006
Page 4 of 30
Stormwater Management Department
2885 South Horseshoe Dr. · Naples, Florida 34104 · 239-774-8192 . FAX 239-659-5790
October 18, 2006
Eric Livingston
Bureau of Watershed Management
2600 Blairstone Road MS3S1 0
Tallahassee, Florida 32399-2400
RE: USEP A Targeted Watersheds Grants Program: Implementation of the Watershed Based Restoration Plan
for the Gordon River and Naples Bay, Collier County, Florida
Dear Mr. Livingston:
On behalf of Collier County, I am pleased to submit the enclosed grant application to the Florida Department of
Environmental Protection. We request consideration of our proposal and recommendation to the Governor so
we may submit the proposal to the United States Environmental Protection Agency along with a support letter.
The Gordon River Water Quality Park Project consists of a SO-acre natural water quality treatment facility,
which will provide tertiary treatment of stonnwater runoff from the Gordon River Extension Basin and flooding
relief to surrounding neighborhoods. Based on the application of an interconnected system of multi-depth
ponds, polishing marshes, and wetlands, the man-made park will function as a natural filtration system similar to
the Everglades. The project will improve water quality before discharging to the Gordon River and Naples Bay,
and improve the partnering among community stakeholders, and local and state agencies.
Funding partnerships have already been developed over the last several years resulting in significant
achievement early in the project. Property acquisition was assisted by a $S,842,639.67 Florida Forever grant
from the Florida Communities Trust. The South Florida Water Management District is currently providing
$850,000 through fiscal year 2008 and is being applied to design and construction costs including the wetland
creation and restoration aspects of the project and the Big Cypress Basin has guaranteed $1,000,000 per year
over a ten year time period for the project. It is rare that so many entities are interested in partnering to make
one project a success. It is clear that the Gordon River Water Quality Park is charting new and exciting territory
in the field of stormwater management and we look forward to serving as a model for many other communities
throughout the State of Florida and the nation.
We request consideration of this unsigned application package recognlZlng that approval by our Board of
County Commissioners will not be available until the next meeting on November 14, 2006. This approval will
be granted in time to meet the EP A deadline of November lSth and all necessary authorizations will be provided
at that time.
Collier County thanks you for your consideration of this exciting project and we look forward to helping you to
continue to expand and enhance EP A's targeted watershed objectives.
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Agenda Item No. 16B 11
November 14, 2006
Page 5 of 30
USEPA Targeted Watersheds Grants Program
Implementation of the Watershed Based Restoration Plan for the Gordon River and
Naples Bay, Collier County, Florida
Big Cypress Swamp HUe 03090204
State 303(d) listings, Gordon River and Naples Bay
Submitted to:
Erin Collard
Office of Wetlands, Oceans and Watersheds
U.S. Environmental Protection Agency
Room 7136G
1301 Constitution Avenue, NW
Washington, DC 20004
Submitted by:
Collier County, Stormwater Management Department
Contact:
Margaret A. Bishop, Senior Project Manager
Collier County Stonnwater Management Department
2885 South Horseshoe Drive
Naples, Florida 34104
(239) 213-5857
Mar!Z:aretBishop@colliergov.net
www.colliergov.net/stormwater/
October 19, 2006
Agenda Item No. 16811
November 14, 2006
Page 6 of 30
ABSTRACT
The Collier County Storm water Management Department proposes to implement several
projects identified in the Gordon River Basin Extension Study, Phase IV (Wilson Miller
and Camp, Dresser & McKee, 2001) and the Naples Bay Surface Water Improvement
and Management Plan Reconnaissance Report (Woithe and Brandt-Williams, 2006). The
current project will improve water quality before discharging to the Gordon River and
Naples Bay, and improve the partnering among community stakeholders, and local and
state agencies.
The Gordon River Water Quality Park Project consists of a 50-acre natural water quality
treatment facility, which will provide tertiary treatment of stonnwater runoff from the
Gordon River Extension Basin and flooding relief to surrounding neighborhoods. Based
on the application of an interconnected system of multi-depth ponds, polishing marshes,
and wetlands, the man-made park will function as a natural filtration system similar to the
Everglades.
Project outcomes include monitoring contaminant loads to the watershed and providing
an indication of measurable progress. The project's educational outreach elements will
involve several watershed stakeholder groups and implement a watershed based
environmental educational program.
PROJECT NARA TNE
I. Characterization of the watershed
Naples Bay and its watershed have been heavily altered by drainage, agriculture, and
most recently urban development activities. As a result, Bay water clarity and water
quality, freshwater inflows, and surface water levels and natural habitats in the Basin are
much different than their historic conditions. On the edges of the Bay itself, extensive
areas of mangroves and salt marsh have been replaced by canals, seawalls and bulkheads
in the past 60 years. The headwaters of the Gordon River and other Naples Bay
tributaries have also been extensively canalized.
The Bay once received drainage from about 10 square miles, but with the construction of
the Golden Gate Canal system it receives surface water input from approximately 120
square miles. Extensive areas of mangroves and salt marsh have been replaced by canals,
seawalls and bulkheads. Development activities in the watershed have altered the
volume, quality, timing and mixing characteristics of freshwater flows reaching Naples
Bay. Natural tributaries such as, Gordon River have been altered by urban infrastructure
that have significantly changed the historic flowways to the Bay and impacted its
biology. Seasonal influxes of fresh water from the Golden Gate Canal system have
altered the natural salinity regime of the bay, resulting in declines in seagrass beds, and
harmful impacts to all levels of Bora and fauna in the aquatic ecosystem. (Tebeau 1957,
Baum 1973, Naples Bay Study 1979, City of Naples Engineering Division 1996, Collier
County Comprehensive Planning Section 2000)
2
Agenda Item No. 16811
November 14, 2006
Page 7 of 30
n. Project need
Collier County is currently in the design stage for the creation of a water quality
treatment park that will help "Save Naples Bay" from harmful pollutants and alleviate
flooding problems in surrounding areas. The "Save Naples Bay" initiative is a program
that the City of Naples is spearheading. The South Florida Water Management District
and the Big Cypress Basin are also partners in this program. The Gordon River Water
Quality Park is one of the projects listed in the program to improve water quality in
Naples Bay. The park will also provide a number of passive recreational, habitat
protection and educational uses. The proposed park site is a 50 (+/-) acre parcel of
County owned property located on the northeast comer of Goodlette-Frank Road and
Golden Gate Parkway. The purchase of the property was partially funded by a Florida
Forever grant from the Florida Communities Trust (FCT). The needs of the project are
identified and outlined in the Project Management Plan required by this funding source
and have become the basis for the project described in the following Project Plan. The
stormwater run-off within this watershed discharges directly into the Gordon River,
proceeds to Naples Bay and ultimately makes its way to the Gulf of Mexico. For more
than three decades, the Naples Bay has been subjected to increased pollution as a result of
extensive land development in Collier County. The storm water runoff in the Gordon
River Basin is full of harmful chemicals from fertilizers and pesticides, which are slowly
damaging the natural ecosystem within the bay. The development has also caused a rise
in the volume of stormwater runoff, which has led to the flooding of certain areas within
the Gordon River Basin. Land development growth continues to present major
challenges to the existing Collier County stormwater network and requires innovative
new solutions and improvements to the system in order to accommodate the needs within
the region.
lll. Project Plan
a) Project components
Water Quality Monitoring
The County will supplement existing monitoring programs to monitor for multiple
indicator parameters. Monitoring will occur over 3 or 4 hydroperiods for 3 years to
collect water quality information and provide initial data for a planned long-term
monitoring program. Including, at minimum, physical parameters of temperature,
conductivity, salinity, pH, and samples collected and lab analyzed for Dissolved Oxygen
(DO), Biological Oxygen Demand (BOD), nutrients with additional parameters as needed
to address impairments identified within the Total Maximum Daily Loads (TMDL)
program. Other data collected will include water level and discharge rates.
A project design team of academic, state, and local experts will assist in developing a
project monitoring plan that focuses on obtaining measurable results. An EPA approved
Quality Assurance Project Plan will be utilized and all data will be entered into STOrage
and RETrieval (STORET).
3
Agenda Item No. 16811
November 14, 2006
Page 8 of 30
Project Cost: $287,496.00 (Federal) + $143,748.00 (Match) = $431,244.00
Start Date: February 2007; End Date: February 2010
Measurable Results: As defined in the Quality Assurance Project Plan, Continuous
monitoring for a 3 year period
WeHand Restoration and Creation
The project will involve the restoration of existing wetlands/surface waters and the
creation of new functional wetland areas. Removal of exotics and improvements made to
the existing wetland will improve habitat for other species. Creation of wetland littoral
zones and stormwater wetland facilities will provide stormwater attenuation and
treatment which will provide significant water quality improvements to the Gordon River
and the associated floodplains. Approximately 15 acres of newly constructed wetlands
will be created for the water quality portion of the lakes and cascading pond system. It is
anticipated that long-term management of these areas will involve removal of exotic plant
species and an exotic vegetation monitoring program will be implemented to prevent
future recruitment and prevent reinfestation. The vegetative species monitoring will be
conducted every year for three years beginning in 2007. A photo-monitoring program of
selected natural communities on the site will also be included. Boardwalks and trails will
allow observation of the habitat, but will not allow access or pedestrian traffic.
The design objectives for the Gordon River Water Quality Park will address an existing
local flooding condition which encompasses nearly 25% of the surrounding watershed.
Flooding occurs in the residential neighborhood to the north west of the project site. The
project will alleviate flooding in the adjacent neighborhood by accepting water through
the property and will be treated for water quality purposes. A pumphouse in the
Northwest corner of the property will pump stormwater out of the ditches up into the first
deep water lake. Stormwater will likely not be able to flow directly into the treatment
system because the proposed berms will be raised to provide attenuation capacity. The
second conceptual pumphouse was to be utilized as an Aquifer Storage and Recovery
(ASR) well to store treated stonnwater underground for future use to rehydrate wetlands
during the dry season. Stormwater treatment will occur as water passes through the
series of ponds and marshes, slowing the water sufficiently to allow sedimentation of
particulates into the deep lakes and utilizing emergent vegetation in the shallow wetlands
to assimilate a portion of the remaining dissolved pollutants.
Project Cost: $336,100.00 (Federal) + $168,050.00 (Match) = $504,150.00
Start Date: May 2007; End Date: February 2010
Measurable Results: Creation of approximately 3,200 linear feet of created wetland
littoral shelf habitat. Treat an additional 14 acres of off site urbanized runoff through the
wetland system. Exotic removal survivability rate.
Upland Restoration
The project site contains significant areas of long abandoned citrus groves. The present
condition of native habitats is moderate to poor, as the property has not been actively
managed since the 1950s when citrus groves existed. Native vegetation communities
4
Agenda Item No. 16B 11
November 14, 2006
Page 9 of 30
have re-grown but are heavily infested with invasive exotic plants. Planned restoration
activities will improve native habitat for existing and potential species.
Approximately 15 acres will be preserved as upland habitat and Gopher Tortoise habitat
will be retained. The project will also involve hydrological restoration of impounded
areas and the preservation, enhancement, and management of valuable upland habitats.
Approximately 15-20 acres of upland habitat will be landscaped with native vegetation.
Removal of exotics and enhancements made to the existing upland areas will provide
higher quality habitat for utilization by native flora and fauna.
Project Cost: $234,078.00 (Federal) + $117,840.00 (Match) = $351,918.00
Start Date: May 2007; End Date: February 2010
Measurable Results: 15-20 acres of exotic removal of upland habitat with replanting of
native species. 15-20 acres of Gopher Tortoise habitat preserve. Continuous monitoring
for a 3 year peliod.
Education Program
The project will include interpretive educational signs that will be part of the self-guided
educational component of the project. The project site will have self-guided educational
kiosks, and private tranquil areas where the public can commingle with nature. The large
kiosks will feature weather proof, large print descriptions of flora and fauna with color
graphics for easy field identifications of these species. Additional signs will be located
throughout the park that identify and explain features ofthe park such as cascading
ponds, polishing marshes, water quality improvements various habitats and potential
species.
Once constructed, the on-site research center will be readily available to host educational
programs about the function of the water quality park as well as the protection of the
habitat and species at the park. Educational programs will be targeted at youth, primarily
students from local elementary, middle and high schools. Initially, it is expected that
approximately one class a month will be provided, but it is hoped that programming
could be expanded to serve more visitors in the future years, especially after the
completion of the Education Center. Programs will be taught by resource professionals
from partnership organizations such as the Big Cypress Basin, South Florida Water
Management District, the Conservancy of Southwest Florida and invitations will be
regularly extended to the Collier County Environmental Services Department, Parks and
Recreation Department, Stormwater Department and Conservation Collier for
professionals in these fields to provide programs.
The FCT Management Plan will govern the project site. The project site will be managed
only for the conservation, protection and enhancement of natural resources, and for
public outdoor recreation that is compatible with the conservation, protection and
enhancement of the site. The desired future condition and uses of the site will remain as
a passive park for public use owned and operated by Collier County.
5
Agenda Item No. 16811
November 14, 2006
Page 10 of 30
Project Cost: $132,053.00 (Federal) + $66,364.00 (Match) = $198,417.00
Start Date: June 2007; End Date: February 2010
Measurable Results: Results will be presented to Local Officials and partners. Results
will be posted on the Collier County web site. Water quality data will be uploaded to the
State STORET web site.
b) Partnering
The Gordon River Water Quality Park brings together ideas and efforts from a
combination of community leaders, stakeholders and design professionals. These
stakeholders include Collier County, the City of Naples, South Florida Water
Management District, Big Cypress Basin, Conservation Collier, the Conservancy of
South West Florida, and community members. This project is the first of its kind for
Collier County and is expected to utilize expert resources from the broad spectrum stated
above. (See attached letters of support)
c) Financial Integrity/Budget
Financial Integrity/Budget
Matching funds of $250,000.00 from the State of Florida and $250,000.00 from Collier
County Government are available to implement the project.
Costs associated with the Water Qualitv Monitoring program include historical research
and compilation of available hydrological data. Set up a strategic water quality sampling
plan to include physical parameters with additional parameters as needed to address
impairments identified within the TMDL program. Water sampling by contracted
personnel to include analysis at a certified laboratory. Federal funds in the amount of
$287,496.00 and $143,748.00 of matching funds for a total of$431,244.00 will be
required for this task.
Upland Restoration costs include hydrologic improvements and regarding of existing
upland areas. Tasks include replanting of native upland species to promote enhancement
of native wildlife habitat and exotic removal to mimic the site's natural state by using
hand clearing methods. A total of$117,840.00 matching funds and $234,078.00 federal
funds will be used for this task. Federal funds in the amount of $234,078.00 and
$117,840.00 of matching funds for a total of$351 ,918.00 will be required for this task.
Wetland Restoration and Creation include creation of littoral zones surrounding the
wetland ponds to promote wildlife habitat by utilizing Florida species. Additional tasks
include exotic removal by using hand clearing methods. Federal funds in the amount of
$336,100.00 and $168,050.00 of matching funds for a total of$504,150.00 will be
required for this task.
The Education Program includes development of an environmental based education
program. Classes or seminars will combine hands on education by incorporating the
site's diversified habitats to promote watershed protection and awareness. Federal funds
6
Agenda Item No. 16811
November 14, 2006
Page 11 of 30
in the amount of$132,053.00 and $66,364.00 of matching funds for a total of
$198,417.00 will be required for this task.
lV. Anticipated Outputs and Outcomes
The outcomes expected as a result of implementing the project include on-the-ground
wetland restoration and creation. Creation of approximately 3,200 linear feet of created
wetland littoral shelf habitat will filter sediments before discharging to the Gordon River.
Treat an additional 14 acres of off site urbanized runoff will be treated through the
wetland system. Improvements in BO, BOD and nutrient levels are a few of the
measurable outcomes.
Baseline and resulting water quality monitoring data that indicate measurable
environmental improvement, as defined in the Quality Assurance Project Plan will
include continuous monitoring for a 3 year period. Improvements based on physical and
multiple indicator parameters will be based on an EP A approved Quality Assurance
Project Plan. The objective of the monitoring is to reduce the amount and number of
listed causes of impairment for Section 303(d) listed water bodies Gordon River and
Naples Bay.
Enhanced public participation and awareness of water quality issues at the community
level will be accomplished through the partnering effort. Coordination meeting between
state and local representatives keeps all watershed management interests informed.
Results from the monitoring will be presented to Local Officials, partners and presented
at a national level at a Watershed Conference. Results will be posted on the Collier
County web site. Water quality data will be uploaded to the State STORET web site.
a. Monitoring and measuring
The County will supplement existing monitoring programs to monitor for multiple
indicator parameters. Monitoring will occur over 3 or 4 hydroperiods for 3 years to
collect water quality information and provide initial data for a planned long-term
monitoring program. Including, at minimum, physical parameters of temperature,
conductivity, salinity, pH, and samples collected and lab analyzed for Dissolved Oxygen
(DO), Biological Oxygen Demand (BOD), nutrients with additional parameters as needed
to address impairments identified within the Total Maximum Daily Loads (TMDL)
program. Other data collected will include water level and discharge rates.
b. Environmental Results Past Performance
The following are federally funded assistance agreements that Collier County has
managed within the last three years. Documentation of reporting progress for the EP A
programs include copies of reporting packages for audits conducted in accordance with
OMB Circular A-133, as revised, and required by Subsection 2.03(2) of this Agreement
are be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by
or on behalf of the Local Government. Progress is tracked when a disbursement request
7
Agenda Item No. 16811
November 14, 2006
Page 12 of 30
form is submitted to certify that the costs are allowable and all work has been completed.
In addition to reviews of audits conducted in accordance with OMB Circular A-I33,
monitoring procedures may include, but not be limited to, on-site visits by Department
staff, limited scope audits as defined by OMB Circular A-133 and/or other procedures.
The Natural Resources Conservation Service Grant was administered by Collier County
and was successfully completed in 2006. A Quality Assurance Plan was in adhered to
and weekly progress reports were submitted to NRCS for compliance and monitoring. A
final certification was completed at the end of the proj ecL
I Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this
agreement Consist of the Following>
Federal I Federal CFDA I CFDA Title Funding State
Program Agency Number I Amount Appropriation
i I
I Number J I Category
i EPA 66.458 I Capitalization $5,025,000 140131
CS120001- I
1050 i Grants for
I I ! State
I I I
I I Revolving
I
i ! Funds
I I
I
I CSI20001- EPA 66.458 ! Capitalization $6,217,658 140131
I
1040 I Grants for
I State
I ! I Revolving
j I ! Funds
I
I
1 69-4209-6- Natural 10.904 i Emergency $1,898,055 Federal
1617 Resources I Watershed
Conservation I Protection
I Service ! Program
I - ~.
v. Peer Outreach and Information Transfer
A database including historical information will be developed. Coordination meetings
between state and local representatives keep all watershed management interests
informed. Results from the monitoring will be presented to Local Officials, partners and
presented to at least one national Watershed Conference. Results will be posted on the
Collier County web site. Water quality data will be uploaded to the State STORET web
site.
vi. Programmatic Capability/Technical Experience
The Collier County Pollution Control and Prevention Department has a Cooperative
Water Quality Monitoring Program. The surface water monitoring program is a
coordinated effort between State and Local agencies/departments to collect trend data on
8
Agenda Item No. 16B 11
November 14, 2006
Page 13 of 30
/,.--
the quality of South Florida's inland, estuarine, and coastal waters. As part of this
coordinated effort, the Pollution Prevention Section staff collects surface water samples
throughout the County based on a contractual agreement between Collier County and the
South Florida Water Management District. The Goals of the Cooperative Program
include:
. As part of an integrated water approach by cooperating entities, generate
complementary water quality data from both catchment areas and downstream
receiving waters as baseline data for installation of future stormwater
management systems, modification of existing systems, and for NPDES permits.
. Document contaminant concentration levels in upstream and receiving waters
. Provide water quality data as input to the broader, cooperative study of water
quality that includes both marine and non-marine waters
. Identify any trends in contaminant concentrations in both upstream and receiving
waters, to assist in estimating environmental impacts to receiving waters.
Staff collects samples from 43 stations monthly and an additional 13 stations quarterly.
The Pollution Control and Prevention Department is then responsible to ensure that the
required sample analyses are perforn1ed properly. This is accomplished through the
Department's Pollution Monitoring Section and a contracted lab.
The Big Cypress Basin has committed an alillual funding of $1 ,000,000.00 for the next
20 years for the County's secondary stOID1water management system which includes the
implementation of the Gordon River Water Quality project.
The Collier County Stormwater Management Department will provide the principal
technical expertise and oversight to implement the Watershed Based Restoration Plan for
the Gordon River and Naples Bay. The Stormwater Management team is directed by
Eugene Calvert who has more than 30 years of experience in managing diverse civil
engineering projects. The projects that Calvert has managed range from administration
of bridges, urban streets, rural highways, stormwater management and ecosystem
restoration. In 2003, Calvert won the NEPA Clean Water Partnership Award for the
California Governor's Environmental and Economic Leadership for Watershed and
Ecosystem Restoration.
Margaret A. Bishop, Senior Project Manager for St0TI11water Capital Improvements, was
selected as the project manager for the Gordon River Water Quality Park that includes
this project for the watershed based restoration. Bishop has successfully administered
numerous state and federal grants and projects including a $5,842,639.67 grant from the
Florida Communities Trust and the recently completed of a $1.8 million grant from the
Natural Resource Conservation Services for the Hurricane Wilma Canal Debris Removal
Projects. Other projects include the Watershed Master Plans, Water Quality Parks, and
Countywide Exotic Removal Program. Bishop will prepare all project schedules,
monitor progress of the project, coordinate bidding and contracting services and oversee
project design, permitting monitoring and construction. She will also provide oversight
for the administration of federal funds and the consortium of contractors with expertise in
watershed restoration.
9
Environmental Protection Agency
Agenda Ite~. ~~-r,
November 14, 2006
Page 14 of 30
U"S. Eltvll"Oltment.1 Pl'Otectlolt Agency
"
Total rVlaximum Daily Loads
Recent Additions I Contact Us Search: I -
EPAHorne , Water; Wetlands,Oceans, : Watersneds , TMOLs : TMDL Reports
Section 303(d) List Fact Sheet for Watershed
BIG CYPRESS SWAMP
. Nur:nt>~L91Water~ li~t~d. by Stat~
. WatersJ,Lst~d by Watt3rbody
. Gause!:inQfJmpairm~nt
. Approve<;l TMDLsbypollutant
. APProv~I;LTMDLs byYear
. TMDL Document Search
Click here to see metadata for this report.
Click on the map above for an interactive Enviromapper session!
Number of Waters listed by State for Watershed
Waters Listed By Waterbody
INOTE: Click on the underlined "Waters on List" value to see a listing of those waters.
I II II
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SOUTH FWRIDA WATER MANAGEMENT DISTRICT
Agenda Item No. 16B 11
November 14, 2006
Page 20 of 30
LOWER WEST COAST REGIONAL SERVICE CENTER 2301 McGregor BoulevJrd, Fort Myers, FL 33901
(239) 338-2929 . FL W A TS 1-800-248-1201 . Suncom 748-2929 . Fax (239) 338-2936 . www.sfwmdgov (lwei
.,-
October 12, 2006
Erin Collard
USEPA
Office of Wetlands, Oceans and Watersheds
Room 7136G; Mail code 4501T
130 I Constitution Avenue, NW
Washington, DC 20004
Subject:
Gordon River Water Quality Park, Collier County, FL
EP A Implementation Grant
Dear Ms. Collard:
This letter serves to document the South Florida Water Management District's
commitment to the Gordon River Water Quality Park project. As you know, the
SFWMD has been involved in the project from its inception at the initial design meetings
and serving on the selection committee. Our current funding commitment to the project
through fiscal year 2008 is $850,000 which is being applied to design and construction
costs including the wetland creation and restoration aspects of the project. The water
quality program will be a key component in scientifically documenting the improvements
made to the waters through wetland creation and restoration. We look forward to EPA's
continued support in implementing this and future Water Quality projects to improve the
Gordon River and Naples Bay, a priority waterbody per Section 373.453, F.S.
Sincerely,
//)'
(/ iii; 1./1 ./j,. //
"..-','t/v ~/ '*
Carla N. Pulmer,: PE
Division Director
Stonnwater Management Division
./
./ )
/
GOVERNING BOARD
EXECUTIVE OFFICE
Kevin McCartv, Chair
lrela M Bague. hc!',C/ullr
Miya Burt-Stewart
Alice) Carlson
\1ichael Collins
NicoLi, J ell ti,'rrez. J r , Esq
Lennart E Lindahl. r.E
H.1rkley R. Thornton
Malcolm 5 Wade. Jr.
Carol Ann Wehle" L'l:l"Olti;'l' Dirl'ddf
DISTRICT HEADQUAF.TEII.S: 3301 Cun Club Road. r 0 Box 2.1118(1, \Vest Pdlm Beach. FL 33416-4680 . (561) 686.8800 . FL IV AT5 1-800-432.2045
--.-----.---.-----.
BIG CYPRESS BASIN
SOUTH FLORIDA W'ATER MANAGEMENT DISTRICT
Agenda Item No. 16B 11
November 14, 2006
Page 21 of 30
6089 lanes Lane, Naples, FL 34109
(239)'S97.1S0S . SUJ1CC1m 721.7920 . Fax (239) 597-4987 . wwwsfwmd f;ov/nrgan/2_bcb.htmi
ADM 28-06
October 12, 2006
Erin Collard
USEPA
Office of Wetlands, Oceans, and Watersheds;
Room 71360; Mail Code 4501 T;
1301 Constitution Avenue, NW;
Washington, DC 20004
Subject: Support for Gordon River Water Quality Park. Collier County, FL
Dear Ms. Collard:
The Big Cypress Basin of South Florida Water Management District is one of the
primary sponsors of the Gordon River Water Quality Park project since the formulation
of concept planning, land acquisition and through its present stage of final plan
development. The Basin has committed an annual funding of $1 ,000,000 for the next 20
years for the County's secondary storm water management system which includes the
implementation of the Gordon River WQ project. In addition, the Basin has allocated a
funding support of $2.24M in its FY07 budget from ad-valorem sources for construction
of three other storm water management projects that contribute toward restoration of the
health of Naples Bay.
The Basin Board is committing sincere technical and financial support for
implementation of the Gordon River WQ park project; The Basin Board encourages and
would appreciate USEPA's funding of this project through the Targeted Watersheds
program.
,
r' /
Sincerely, /
/j
//
,,- -'..:.1
Clarence S. Tears.
Director, Big Cypress Basin
CST:kt
[)Ji\Fc''l (Ji~
HI~. C',.FRESS BA_~l.\) Go~'rKNiNC B():\F..D
Alicia E Abbott. Secretor:! A.lafl.'l' l~llll!d
l..ihhv i\nderS{Hl - ;"..}::/)/,-'';
Lie~;a Pridd\-' - Jl{i1n(I~ld('!'
Jon C St,""ngf't", l'-h_D "' t\i17!)h>~'
Clolren(e S. Tears. Jr.
Alice J. Carlson. ClIfHL Ex (~fticii) ~ N(?!'!t.~
lo.hn Sorey, \/ic(' ClIair.. ,I.--i:lpli.'~
:~f.~~iiz:,~~\
:;.-.: ONrnE. -.0'
~~~~~~)~:
Agenda Item No. 16811
November 14, 2006
Page 22 of 30
~~~~
CoMMUNITY SERVICES DEPARTMENT
TELEPHONE (239) 213-7120. FACSIMILE (239) 213-7130
280 RIVERSIDE CIRCLE. NAPLES, FLORIDA 34102-6796
October 12,2006
Erin Collard
USEPA
Office of Wetlands, Oceans and Watersheds
Room 7136G, Mail code 450lT
1301 Constitution Avenue, NW
Washington, DC 20004
RE: EPA Implementation Grant. Targeted Watersheds Grant Program
Gordon River Water Quality Park
Dear Ms. Collard:
The City of Naples supports the Gordon River Water Quality Park and is committed to its success both
as a stormwater improvement structure and as an environmental education facility. We have been
involved in the design and implementation of the project from its inception. The City sees the Park as a
key part of the City's efforts to reduce pollutants entering Naples Bay, which is a focal point of the City
Natural Resources Division's work. As the Florida Department of Environmental Protection states,
stormwater runoff is Florida's number one pollutant, and that is particularly true of the highly urbanized
Naples Bay watershed.
The City will continue to be involved in coordinating and developing the watershed's water quality
monitoring program with Collier County, and the information from both local governments will
continue to be shared and made available to everyone. The City will also be involved in the
environmental education program that will promote the importance of protecting the watershed to
improve the quality of life for the City of Naples and Collier County.
My office and the City of Naples whole-heartedly endorse this project and stand ready to work towards
its success.
Sincerely,
~~~~
Michael Bauer, PhD
Natural Resources Manager
City of Naples, Florida
~~,; ak~J:.4__ ,S,/~",~ h ~4 ~~. &~ in- a~~v_at..
Agenda Item No. 16811
November 14, 2006
Page 23 of 30
eI'
~
........-.~
. -... ~
COLLIER COUNIY
ENVIRONMENTAL SERVICES DEPARTMENT
2800 North Horseshoe Drive #20 1 · Naples, Florida 34104 · 239-732-2505 · FAX 239-213-2960
October 13,2006
Erin Collard
USEPA
Office of WetIands, Oceans and Watersheds
Room 7136G, Mail code 4501T
1301 Constitution Avenue, NW
Washington, DC 20004
Subject:
Gordon River Water Quality Park
EPA Implementation Grant, Targeted Watersheds Grant Program
Dear Ms. Collard:
Conservation Collier supports the Gordon River Water Quality Park project and program.
Please note that this is a staff endorsement and does not reflect official policy of the
Collier County Board of County Commissioners. The property was originally targeted
for preservation through the Collier Conservation Land Acquisition Program because the
property is unique in its varied habitats and presented an opportunity to provide high
quality natural resource protection and recreation opportunities for citizens and visitors.
Since the property is located within the Gordon River Basin, developing the site to
include a series of water quality ponds to remove pollutants before they are discharged to
Naples Bay as a second alternative to preservation is a concept our Program staff also
supports as it will preserve the health of the watershed.
The education program is a key component in the overall project. Educating the
community and public will ensure good stewardship practices will be carried out for the
improvement of Naples Bay. We will continue to support the project and will be
available to assist with input to the education program.
Sincerely,
.,"
Alexandra Sulecki
Senior Environmental Specialist
Environmental Services Department
.
c
o
c
c
(.' ;l:t fl"1
-"
OFFICERS
, c
"-,~j
P~-e5i~ent
;<. S~=C)~..~ <~..~!""iCl'C:!'
'v;<ice President
T'reasu rer
r'-/
~',
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,
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G ",00,:100-' n
.......... '-, \....~ i ;
RVC'o
G10ccrJvvay
Agenda Item No. 16B 11
November 14, 2006
Page 24 of 30
A Proiect of the
Southwest Florida Land Preserv'ltion Trust, Jnc.
Odober 19,2006
Erin ColI<lrd
VSEPA
Office of wetl<lnc\s, Oce<lns 'lnc\ W<ltershec\s
Room 7136G, MClil coc\e 4501T
1301 Constitution Avenue, NW
W<lshington, DC 20004
RE: EPA Implement'ltion Grant, T<1rgeted W<ltersheds Gtant Ptogtam
Gordon River Water Quality Park
Dear Ms. Collard:
~ (~,
The Southwest Florida Land Preservation Trust CSWFLPT) supports the
development of the Gordon River Water Quality Park. SWFLPT has been
wOl'"king for over ten years on the planning and development of the Gordon
R.iver Greenway, which is immediately adiacent and south of the Gordon R.iver
Water Quality Park. The integration of the Gordon River Watel'" Quality Park
into the planning of this critical riverine system in the center of our
community is of enOl'"mous benefit to us all. Stotmwater impl'"Ovements will
enhance the environment<ll value of the entire cortidOl'", culminating in Naples
Bay. Connecting the GOI'"don River Water Quality Park with the GOI'"don River
GreenwClY will enhclnce public particip<ltion and dUQtion Clbout oW"
environment.
The Southwest Florid<1 Land Preservation Trust has wOl'"ked closely with the
project man<1gemeni: team for the Gordon River watet Quality P<lrk during
the design phase, We will continue to support their efforts in the future. We
urge your consictel'"<ltion of this worthwhile project fol'" a "TClrgeted watershect
Gtant."
Sincer.eh(,
/ J.:
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/ ,/ I
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P'1t ('ll"roll
President
11 :J'J ,~, \'~::~ u c Sc [ :~<.:: :'c ~~ C:1
"<.::; F L ;.j.'lC):=
~~~~q ~~(~:~ ;](r;:.) E-\'~~-Jd ~~;"","FLr--:~I~:<: I:! r)~~t F:=;':,:;.llT"llk' ~~:;~;) 26:2 ;,-J-/5<J
Application for Federal Assistance SF-424
. 1 Type of Submission:
o Preapplication
[2] Application
o Changed/Corrected Application
. 3 Date Received:
Completed bv Grant..lIO" upOn lIUbm"'''on
Sa. Federal Entity Identifier:
State Use Only:
6. Date Received by State'
8. APPLICANT INFORMA nON:
. a Legal Name: iC:~IIi~~C~~~ty
. 2 Type of Application
[2] New
o Continuation
o Revision
4 Applicant Identifier
. If Revision, select appropriate letler(s):
. Other (Specify)
. 5b Federal Award Identifier:
7 State Application Identifier:
. b. EmployerlTaxpayer Identification Number (EINITIN):
'59-6000558
d. Address:
Stree12'
3301 Tamiami Trail East
. Streill1.
. City
Naples
Collier County
Ronda
County
. State'
Province:
. Country: , USA
. Zip I Postal Code: 34102
e. Organizational Unit:
Department Name:
Stormwater Management Department
. c Organizational DUNS
076998890
Division Name:
Prefix:
:Ms.
f. Name and contact information of person to be contacted on matters involving this application:
. Transportation Services
Middle Name:
. Last Name: [Bishop
Suffix:
Title Senior Project Manager
Organizalional Affiliation:
[~orm~-;;;~e.r Man~gel1l€!'!.t Depart~enl
. First Name: iMargaret
I- -------
. Telephone Number I (?~9).?~ 4-8192
. Emeil fv1<I.I}J~~etBishop@colliergov.net
i Fax Number !(239) 774~9370H
Age~B1~d.O-1<6@ll?4l
E.tII~iDl1flbltlr. a~ 11.@OO
Version 02
----'
Age~B1too'tPN:c1.0'lm~
EtPlWlbl'il1ber ~ 1ZOOti
Application for Federal Assistance SF-424
Version 02
9. Type of Applicant 1: Select Applicant Type:
.. ......_---~-_._._...-..__.-.
l~~~~u_n~G~vemmen~
Type of Applicant 2: Select Applicant Type'
Type Df Applicant 3: Select Applicant Type:
. Other (specify)
.10. Name of Federal Agency:
U.S. Environmental Protection Agency
11. Catalog of Federal Domestic Assistance Number:
166.439
CFDA Title:
1--
l~argeted Water~~eds G:ants
. 12. Funding Opportunity Number:
[EPA-ow-6WOW-06-3
. Title:
!USEPA Targeted Watersheds Grants Program
13. Compeltlt;on Identification Number:
Tnle
Implementation of the Watershed Based Restoration Plan for the Gordon River and
Naples Bay, Collier County, Florida
14. Areas Affected by Project (Cities, Counties, States, etc.):
iThe City of Naples, Collier County, Florida
.15. Descriptive Title of Applicant's Project:
The Collier County Stormwater Management Department proposes to implement several
projects identified in the Gordon River Basin Extension Study, Phase IV and the Naples
R.::iv-SHrf~{'.A W~tp.r Imnrovp.mp.nt ~nd M~n~(lp.mp.nt PI~n Rp.{'.onn~iss~n{'.p. Renort to _ D
Attach supporting documents as specified in agency instructions
~dd Attachmel1"~ [Delete-AttaChments i' View Attachments i
Age. N~et\l6l?4't9epf1
E~tm11:t.ror 1$,112~
Application for Federal Assistance SF-424
Version 02
16. Congressional Districts Of:
. a Applicant
14th and 25th
. b. ProgramlProject 14th
Attach an additional list of ProgramlProjecl Congressional Districts if needed
Add Attachment
17. Proposed Project:
. a. Start Date:
. b. End Date:
18. Estimated Funding (S):
. a. Federal
'$989.727.00)
. b. Applicant
$248,001.00
$248,001.00
$0.00
$0.00
$1,485,'729-:-00'
. c State
. d. Local
. e Other
'f. Program Income
, g. TOTAL
, 19. Is Application SUbject to Review By State Under Executive Order 12372 Process?
o a This application was made available to the State under the Executive Order 12372 Process for review on 10/19/06
o b Program is sLlbject to E.O. 12372 but has not been selected by the State for review
Dc Program is not covered by E.O 12372.
, 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.)
DYes
0No
21. 'By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements
herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances" and agree to
comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims
may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001)
o .. I AGREE
., The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency
specific instructions
Authorized Representative:
Prefix:
Mr.
. First Name: Frank
Middle Name:
. Last Name: Halas
Suffix:
. Title Chairman. Board of Collier Count~.~o.rTmlissjoners
. Telephone Number: \(239) 774-6097
. EmailF!C3.~~::I!Clsl@colliergov.net
Fax Number:
. Signalure of AuthOrized RepresentatIve:
, Dale Signed:
Authorized for Local ReprodLlction
Standard Form 424 (Revised 1012005)
Prescribed by OMB Circular A,102
Application for Federal Assistance SF-424
Age~Bltem>fl4l:(jl.~lB@I~
~111bI!Ir. d"43~
-- .......: - ......,..,
.~.v vV
Version 02
. Applicant Federal Debt Oellnquency Explanation
The following field should contain an explanation If the Applicant organization is delinquent on any Federal Debt. Maximum number of
characters that can be entered is 4,000. Try and avoid extra spaces and carriage returns to maximize the availability of space.
-
. . '.n
INSTRUCTIONS FOR THE SF-424
Agenda Item No. 16811
November 14, 2006
Page 29 of 30
Public reporting burden for this collection of infonnalion is estimated to average 60 minutes per response, induding time for revieWing instructions. searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of infonnation. Send comments regarding the
burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget,
Paperwork Reduction Project (0348-0043), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED
BY THE SPONSORING AGENCY.
,-
This is a standard fonn (including the continuation sheet) required for use as a cover sheet for submission of preapplicarions and applications and
related information under discretionary programs. Some of the items are required and some are optional at the discretion of the applicant or the Federal
agency (agency). Required items are identified with an asterisk on the form and are specified in the instructions below. In addition to the instructions
provided below, applicants must consult agency instructions to detennine specific requirements.
Item Entrv : Item Entrv:
1 Type of Subml88lon: (Required): Select one type of submission In 10. Name Of Federal Agency: (Required) Enter the name of the
accordance with agency instructions. Federal agency from which assistance is being requested with
. Preapplication this application.
. Application
. Changed/Corrected Application - If requested by the agency. check 11- Catalog Of Federal Domestic Asalstance NumberlTltle:
if this submission is to change or correct a prelliously submitted Enter the Catalog of Federal Domestic Assistance number and
application. Unless requested by the agency, applicants may not title of the program under which assistanoe Is requested, as
use this to submit changes after the dosing date, found in the program announcement, if applicable.
2. Type of Appllcetion: (Required) Select one type of application in 12. Funding Opportunity NumberlTltle: (Required) Emer the
accordance with agency instructions. Funding Opportunity Number and tit1e of the opportunity under
. New - An application that is being submitted to an agency for the which assistance is requested, as found in the program
first time. announcement.
. Continuation - An extension for an additional funding/budget period 13, Competition Identification NumberfTltle: Enter the
for a project with a projected completion date. This can include Competition Identification Number and title of the competition
renewals. under which assistance Is requested, if applicable.
I . Revision - Any change in the Federal Govamment's financial i
obligation or contingent liability from an existing obligation. If a
I revision, enter the appropriate letter(s). More than one may be
i selected. If "Other" is selected, please specify in text box provided_ t4. Areas Affected By Project: Ust the areas or entities using
A. Inaease Award B. Decrease Award the categories (e.g., cities, counties, states, etc.) specified in
C. Increas:~~on D. Decrease Duration agency instructions. Use the continuation sheet to enter
E. Other IS ') additional areas, if needed.
3. Date Received: Leave this field blank. This date will be assigned by the '15. Descriptlve TItle of Applicant's Project: (Required) Enter a
Federal agency. brief desaiptive title of the project. If appropriate, attach a
map showing project location (e.g., construction or real
4. Applicant Identifier: Enter the entity identifier assigned by the Federal property projects). For preapplications. attach a summary
agency, if any, or applicant's control number, if applicable. description of the project.
5a Federal Entity Identifier: Enter the number assigned to your 16. Congressional DIstricts Of: (Required) 16a. Enter the
organization by the Federal Agency, if any. applicant's Congressional District, and 16b. Enter all District(s)
5b. Federal Award Identifier: For new applications leave blank. For a affected by the program or project. Enter In the format: 2
continuation or revision to an existing award, enter the previously characters State Abbreviation - 3 characters District Number,
assigned Federal award identifier number. If a changed/corrected e.g., CA-005 for California 5'" district, CA-012 for California 12'"
application, enter the Federal Identifier in accordance with agency district, NC-103 for North Carolina's 103'0 district.
instructions. . If all congressional districts in a state are affected, enter
6 Date Received by State: Leave this field blank. This date will be -- .all" for the distlict number, e.g., MD-all for all
- assioned bv the State. if aoolicable. I congressional districts in Maryland.
7, State Application Identifier: Leave this field blank. This identifier will . If nationwide, i,e. atl districts within all states are affected.
be assigned by the State, if applicable. enter US-all.
. If the program/project is outside the US, enter 00-000
8. Applicant Information: Enter the following in accordance with agency
I------ instructions:
a. Legal Name: (Required): Enter the legal name of applicant that will 17. Proposed Project Start and End Dates: (Required) Enter the
undertake the assistance activity. This is the name that the oryanization proposed start date and end date of the project.
I has registered with the Central Contractor Registry. Information on
registerina with CCR mav be obtained bv visitina the Grants.ooy website,
b. EmployerfTaxpeyer Number (EINfTIN): (Required): Enter the !
Employer or Taxpayer Identification Number (EIN or TIN) as assigned by 18. I EstImated Funding: (Required) Enter the amount requested
the Internal Revenue Service. If your organization is not in the US. enter or to be contributed during the first fundinglbudget period by I
44-4444444 . each contributor. Value of in-kind contributions should be I
c. Organizational DUNS: (Required) Enter the organization's DUNS or i inctuded on appropriate lines, as applicable, If the action will i
DUNS+4 number received from Dun and Bradstreet. Infonnation on result in a dollar change to an existing award, indicate only the
obtaining a DUNS number may be obtained by visiting the Grants.gov amount of the change. For decreases. enclose the amounts in
website. parentheses.
d. Addres8: Enter the complete address as follows: Street address (Line
1 required), City (Required), County, State (ReqUired, if country is US), 19. Is Application Subject to Review by StBte Under Executive
Province, Country (Required), Zip/Postal Code (Required, if country is
US). Order 12372 Pt0C8881 Applicants should contact the State
.--L e. Organlzlltlonal Unit: Enler the name of the primary organizational Single Point of Contact (SPOC) for Federal Executive Order
_ unit (and department or dillision, if applicable) that will undertake the 12372 to determine whether the application is subject to the
Agenda Item No. 16B 11
. 14 ?OOf1
assistance activity. if aoolicable. State intergovernmental review process. ~e:30 of 30
f. Name and contact Information of pentOn to be contJK:ted on appropriate box. If "a." is selected, enter the e the
matters Involving this application: Enter the name (First and last name application was submitted to the State
required), organizational affiliation (if affiliated with an organization other
than the applicant organization), telephone number (Required), fax 20. ts the Applicant Delinquent on any Federal Debt?
number, and email address (Required) of the person to contact on (Required) Select the appropriate box, This question applies to
matters related to this application. the applicant organization, not the person who signs as the
authorized representative. Categories of debt include
delinquent audit disallowances, loans and taxes.
If ves, indude an eXDIanation on the continuation sheet.
9, Type of Applicant: (Required) 21. Authorized Repl'8llentatlve: (Required) To be signed and
Select up to three applicant type(s) in accordance with agency dated by the authorized representative of the applicant
instructions. organization. Enter the name (First and last name required)
A. State Government M. Nonprofit with 501C3 IRS title (Required), telephone number (Required), fax number,
B. County Government Status (Other than Institution and emaH address (Required) of the person authorized to sign
C. City or Township Government of Higher Education) for the applicant.
D. Spedal District Government N. Nonprofit without 501 C3 IRS A copy of the governing body's authorization for you to sign
E. Regional Organization Status (Other than Institution this application as the official representative must be on file in
F. U.S. Terri10ry or Possession of Higher Education) the applicant's office, (Certain Federal agencies may require
G. Independent School District O. Private Institution of Higher that this authorization be submitted as part of the application.)
H, PubliclStale Controlled Education
Institution of Higher Education P. Individual
I. IndianlNative American Tribal Q. For-Profit Organization
Government (Federally (Other than Small Business)
Recognized) R Small Business
J, Indian/Native American Tribal S, Hispanic-serving Institution
Government (Other than T. Historically Black Colleges
Federally Recognized) and Universities (HBCUs)
K. IndianlNalive American U. Tribally Controlled Colleges
Tribally Designated and Universities (TCCUs)
Organization V. Alaska Native and Native
L. Publidindian Housing Hawaiian Serving Institutions
Authority W. Non~omestic (non-US)
I Entity
X. Other (specify) j
< I
_l___1-___
I
J
Agenda Item No. 16B 12
November 14, 2006
Page 1 of 11
-
EXECUTIVE SUMMARY
Recommendation to approve submittal of a Regional Environmental Priorities (Region
4) FY 2007 application to the United States Environmental Protection Agency (EP A)
for the Gordon River Greenway Park in the amount of $100,000.
OBJECTIVE: To receive approval of the submittal of a Regional Environmental Priorities
Grant to the EP A for the Gordon River Greenway Park in the amount of $1 00,000.
CONSIDERATIONS: The purpose of the EPA program is to promote projects that will
address the regional and state strategic environmental priorities that will improve or restore
community and ecosystem health across the Southeast. The goal is to fund projects with
environmental programs to allow for the demonstration of innovative technologies, or
approaches to environmental challenges and provide for protection or restoration of the
environment.
State and local governments, interstate agencies, Tribes, colleges and universities, other
public or nonprofit organizations are eligible to apply. Matching funds are not required for
projects to be funded, however, voluntary match and leveraging of funds is encouraged, and
leveraging is one of the ranking criteria.
-
The Gordon River Greenway project will include a water quality improvement element that
will take water from the impaired Gordon River and run it through a small series of treatment
ponds for water quality purposes. The ponds will settle particulates and the water will be
discharged overland through wetlands which will further scrub pollutants before being
discharged to Naples Bay. The treatment ponds will be constructed to contain shallow
sloping littoral shelves which will create habitat for native wildlife in a passive park setting.
More than a mile of paved trail will run the length of the berm on the project site, with
boardwalks to connect the two Goodlette Road access areas. Placing the trail on the berms
will minimize impacts to native vegetation and species habitat on site.
FISCAL IMPACT: The amount requested from EPA is $100,000.00. $100,000.00 of
matching funds is available in the FY 07 elP Fund 306, Project number 80065 Gordon River
Greenway Park. An additional $100.,000 is committed to the project from the SFWMD for a
total.of $200,000 of local support. If awarded, a budget amendment will be processed to
recognize grant funds.
GROWTH MANAGEMENT IMPACT: The Gordon River Greenway park project is in
accordance with the goals and objectives of the Drainage Sub-element of the Growth
Management Plan for Collier County Storm water Management.
RECOMMENDATION: That the Board of County Commissioners approve submittal of a
Regional Environmental Priorities Grant to the EP A for the Gordon River Greenway Park in
the amount of$100,000.
-
Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division,
Stormwater Management Department
Attachment: Draft EP A Application
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B12
November 14. 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B12
Recommendation to approve submittal of a Regional Environmental Priorities (Region 4) FY
2007 applicallon to the United States EnVIronmental Protecllon Agency (EPA) for tI,e Gordon
River Greenway Park In the amount of $100,000.00
11/14/2006900:00 AM
Date
Approved By
Margaret A. Bishop
Transportation Services
Project Manager
Storm water Management
10126120062:02 PM
Approved By
Grants. Coordinator
Date
Marlene J. Foard
Administrative Services
Administrative Services Admin,
10126/20062:28 PM
Approved By
Grants Coordinator
Date
Kay Luongo
Transportation Services
Transportation Admin
10/26/20062:45 PM
Date
Approved By
Eugene Calvert
Transportations Services
Principal Project Manager
Transportation Engineering and
Construction Management
10126120064:31 PM
Approved By
Transportation Division Administrator
Date
Norm E. Feder, AICP
Transport..ltion Services
Transportation Services Admin
10127/20061 :58 PM
Approved By
ManagemenUBudget Ana.lyst
Date
Usa Taylor
Transporttltion Services
Transportation Administration
1012712006 4:00 PM
Accounting Supervisor
Date
Approved By
Sharon Newman
Transportation Services
Transportation Services Admin
11/11200611:17 AM
Executive Secretary
Date
App roved By
Pat Lehn~Jn.rd
Transportation Services
Transportation Services Admin
11/1/2006 1: 17 PM
Administrative Assistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
11/21200611:51 AM
Senior ManagementfBudget Analyst
Date
Approved By
Susan Usher
County Manager's Office
Office of Management & Budget
11/61200610:57 AM
Management &. Budget Director
Dale
Approved By
Michael Smykowski
County Manager's Office
Office of Management & Budget
11161200612:02 PM
James V. Mudd
County Manager
Date
App roved By
Board of County
Commissioners
County Manager's Office
11/61200612:48 PM
Agenda Item No. 16B12
November 14, 2006
Page 3 of 11
The Gordon River Greenway Park
Project Summary
The Gordon River Greenway Park is the second in a series of projects to create the
Gordon River Greenway. The project will include an innovative water quality
improvement element that will take water from the impaired Gordon River and run it
through a small series of treatment ponds. The ponds will settle particulates and the
water will be discharged overland through wetlands which will further scrub pollutants
before being discharged to the Naples Bay. The Gordon River Greenway will create a
two-mile ecological and trail corridor centrally located within the Naples-Collier urban
area.
Project Focus
1. State of Florida Section 303 (d) listings, Gordon River and Naples Bay.
2. Increases in acres oflands protected and conseIVed.
3. The project provides an innovative approach to address a regional problem and
may seIVe as a model to address similar problems in other geographic area.
Total Project Funding
· Federal FWlds Requested (design)
· Recipient Match (design)
. Leverage Funds
$100,000
$100,000
$100,000
$300,000
Total
Submitted by: Collier County, Government (ENI 59-6000558)
Contact
Margaret A. Bishop, Senior Project Manager
Collier County Stormwater management Department
2885 South Horseshoe Drive
Naples, Florida 34104
Phone: (239) 774-8192 -Fax: (239) 774-9370
Margaret Bishop({i)colliergov.net
I certify that all information included in this proposal is true and accurate.
Frank Halas
Chairman, Board of County Commissioners
---,._.~------_.~-'~'-'''._>-~'--_.,.._...._.. .
Agenda Item No. 16812
November 14, 2006
Page 4 of 11
Project Description
Collier County is currently in the pre-design stage for the creation of a water quality
treatment park that will help "Save Naples Bay" from harmful pollutants. The "Save
Naples Bay" initiative is a program that the City of Naples is spearheading. The South
Florida Water Management District and the Big Cypress Basin are also partners in this
program. The Gordon River Greenway Park is one ofthe projects listed in the program
to improve water quality in Naples Bay. The park will also provide a number of passive
recreational, habitat protection and educational uses. The proposed park site is a 80 (+/-)
acre parcel of County owned property located south of Golden Gate Parkway and east of
Goodlette-Frank Road. The purchase of the property was partially funded by a Florida
Forever grant from the Florida Communities Trust (FCT). The stormwater run-off within
this watershed discharges directly into the Gordon River, proceeds to Naples Bay and
ultimately makes its way to the Gulf of Mexico. For more than three decades, the Naples
Bay has been subj ected to increased pollution as a result of extensive land development
in Collier County. The project goals and performance plan will be identified and outlined
in the Project Management Plan.
Project Need
Naples Bay and its watershed have been heavily altered by drainage, agriculture, and
most recently urban development activities. As a result, Bay water clarity and water
quality, freshwater inflows, and surface water levels and natural habitats in the Basin are
much different than their historic conditions. On the edges of the Bay itself, extensive
areas of mangroves and salt marsh have been replaced by canals, seawalls and bulkheads
in the past 60 years. The headwaters of the Gordon River and other Naples Bay
tributaries have also been extensively canalized.
The Bay once received drainage from about 10 square miles, but with the construction of
the Golden Gate Canal system it receives surface water input from approximately 120
square miles. Extensive areas of mangroves and salt marsh have been replaced by canals,
seawalls and bulkheads. Development activities in the watershed have altered the
volume, quality, timing and mixing characteristics of freshwater flows reaching Naples
Bay. Natural tributaries such as, Gordon River have been altered by urban infrastructure
that have significantly changed the historic flowways to the Bay and impacted its
biology. Seasonal influxes of fresh water from the Golden Gate Canal system have
altered the natural salinity regime of the bay, resulting in declines in sea grass beds, and
harmful impacts to all levels of flora and fauna in the aquatic ecosystem. (Tebeau 1957,
Baum 1973, Naples Bay Study 1979, City of Naples Engineering Division 1996, Collier
County Comprehensive Planning Section 2000)
The stormwater runoff in the Gordon River Basin is full ofhannful chemicals from
fertilizers and pesticides, which are slowly damaging the natural ecosystem within the
bay. The development has also caused a rise in the volume of storrnwater runoff, which
has led to the flooding of certain areas within the Gordon River Basin. Land
2
Agenda Item No. 16812
November 14, 2006
Page 5 of 11
development growth continues to present major challenges to the existing Collier County
stormwater network and requires innovative new solutions and improvements to the
system in order to accommodate the needs within the region.
Environmental Issues to Be Addressed in Plans
Innovative Approach to Water Quality
The Gordon River Greenway Park and the Gordon River Water Quality Park address
several objectives of the Collier County Local Mitigation Strategy and the need to protect
natural resources from damage or incompatible uses in order to reduce vulnerability and
improve environmental performance. The project site is located in an environmentally
sensitive area.
The Gordon River Greenway Park will help to limit the specific and cumulative impacts
of stormwater run-off to the Gordon River Basin. The system will be designed in such a
way that discharged water does not degrade receiving waters in an attempt to enhance the
timing, quantity and quality of fresh water to the estuarine system.
The small series of treatment ponds are planned for the project for water quality
purposes. The project site will settle particulates and discharged overland through
wetlands before it is discharged. This will further the process begun by the Gordon River
Water Quality Park to the north to contribute to the improvement of water quality that
enters the Gordon River and Naples Bay.
Green Building
The project site will contain over a mile of paved trail and will connect to other off-road
trails to the north (within the Gordon River Water Quality Park) and eventually to the
south, as well as to on-road bike lanes and sidewalks that connect to the surrounding
residential communities. More than a mile of paved trail will run the length of the berm
on the project site, with boardwalks to connect the two Goodlette Road access areas.
Placing the trail on the berms will minimize impacts to native vegetation and species
habitat on site.
The project site will be developed with ample pavilions and rest rooms at each of its four
major accesses. A canoelkayak launch into the Gordon River will be developed in the
northwestern corner of the site. The river provides shallow-draft access to Naples Bay
and the Intracoastal Waterway to the south. Bordering the southeastern edge of the
project site is the Golden Gate Main Canal. A vessel access dock is planned for this area,
to allow vessel access to the site as a picnic destination.
The portion of the project site east of the Gordon River is approximately 64.5 acres of
undeveloped and relatively undisturbed land. Of these, 20 acres are Scrubby Flatwood,
with a canopy of slash pine and patches oflive oak. The Scrubby Flatwood portion of the
project site contains approximately 90 gopher tortoise burrows. The project will direct
.,
-'
Agenda Item No. 16812
November 14, 2006
Page 6 of 11
development away from the burrows in order to protect the species. The other 44.5 acres
is Tidal Swamp, with a canopy of white mangrove and scattered Australian pine and
cabbage palm along the north side. The Tidal Swamp area of the project site is suitable
habitat for numerous listed species, such as brown pelican, white ibis, osprey, bald eagle,
little blue heron, and tricolor heron. Brazilian pepper and other invasive exotics will be
removed, and development within it will be limited to minimal area for water quality
management and two access boardwalks. Approximately 10 acres of the project site are
disturbed. These areas will be improved with new roadway, parking, and pathways and
the remainder (approximately 3 acres) will be landscaped with native vegetation.
Partnerships
Conceptual plans for the project site were first developed in a charette involving
stakeholders from Collier County, City of Naples, Naples Zoo, Conservancy of
Southwest Florida, and South Florida Water Management District. The South Florida
Water Management District has committed to provide development funding in future
budget years for the project site.
The project plans are a vital link in the establishment of the Gordon River Greenway.
Partners in the Greenway project include Collier County, City of Naples, Naples Airport
Authority, Southwest Florida Land Preservation Trust, Conservancy of Southwest
Florida, South Florida Water Management District, and Conservation Collier. Various
partners have contributed land, development funds, easements, acquisition funds, and
operational resources.
Education and Seminars
Collier County Parks and Recreation Park Ranger and Naturalist staff will present 24
natural history programs at the site annually. Staff presenting the programs has completed
the National Association of Interpretation Certified Interpretive Guide Course. All
educational programs will be developed by the Senior Park Naturalist/Program
Supervisor. Programs will include:
A Closer Look at the Gopher Tortoise, The Importance of Preserving Wetlands, Wetland
Plants and their Medicinal Uses, Birding in the Wetlands, Dr. Nehrling and Exotic
Species. Programs will be presented twice a month, on Wednesday and Saturday
mornings. Programs will be advertised in the Collier County Parks and Recreation
Program Guide and the Park Ranger To Go Menu of Programs that is distributed to
Collier County Public Schools each August. Target audience to include: general public,
professionals, tourists, and elementary and secondary school children.
Collaborative Efforts
The Gordon River Greenway Park brings together ideas and efforts from a combination
of community leaders, stakeholders and design professionals. These stakeholders include
4
Agenda Item No. 16812
November 14, 2006
Page 7 of 11
Collier County, the City of Naples, South Florida Water Management District, Big
Cypress Basin, Conservation Collier, the Conservancy of South West Florida, and
community members. This project is the first of its kind for Collier County and is
expected to utilize expert resources from the broad spectrum stated above.
Enhanced public participation and awareness of water quality issues at the community
level will be accomplished through the partnering effort. Coordination meeting between
state and local representatives keeps all watershed management interests informed.
Environmental Results Past Performance
The following are federally funded assistance agreements that Collier County has
managed within the last three years. Documentation of reporting progress for the EP A
programs include copies of reporting packages for audits conducted in accordance with
OMB Circular A-B3, as revised, and required by Subsection 2.03(2) of this Agreement
are be submitted, when required by Section .320 (d), OMB Circular A-B3, as revised, by
or on behalf of the Local Government. Progress is tracked when a disbursement request
form is submitted to certify that the costs are allowable and all work has been completed.
In addition to reviews of audits conducted in accordance with OMB Circular A-I33,
monitoring procedures may include, but not be limited to, on-site visits by Department
staff, limited scope audits as defined by OMB Circular A-133 and/or other procedures.
The Natural Resources Conservation Service Grant was administered by Collier County
and was successfully completed in 2006. A Quality Assurance Plan was in adhered to
and weekly progress reports were submitted to NRCS for compliance and monitoring. A
final certification was completed at the end of the project.
, Federal Resources, Including State Match, Awarded to the Recipient Pursuant to this
I agreement Consist ofthe FOJlO~~-l _~_
I Federal Federal I CFDA CFDA Title Fundingrstate
I Program Agency. Number I Amount I Appropriation
. Number i. Category
CS120001- I EPA 66.458 Capitalization $5,025,000 14013 I
I
050 I Grants for
I I State I
I I
Revolving
I Funds
CS120001- EPA 66.458 Capitalization I $6,217,658 140131
040 Grants for i
I State I
i Revolving I
I
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I Funds ! !
69-4209-6- Natural 10.904 Emergency I $1,898,055 Federal J
1617 Resources Watershed I
I Conservation I
Protection I
I
Service Program
5
Agenda Item No. 16B 12
November 14, 2006
Page 8 of 11
Programmatic Capability/Technical Experience
The Collier County Pollution Control and Prevention Department has a Cooperative
Water Quality Monitoring Program. The surface water monitoring program is a
coordinated effort between State and Local agencies/departments to collect trend data on
the quality of South Florida's inland, estuarine, and coastal waters. As part of this
coordinated effort, the Pollution Prevention Section staff collects surface water samples
throughout the County based on a contractual agreement between Collier County and the
South Florida Water Management District. The Goals of the Cooperative Program
include:
. As part of an integrated water approach by cooperating entities, generate
complementary water quality data from both catchments areas and downstream
receiving waters as baseline data for installation of future stormwater
management systems, modification of existing systems, and for NPDES permits.
. Document contaminant concentration levels in upstream and receiving waters
. Provide water quality data as input to the broader, cooperative study of water
quality that includes both marine and non-marine waters
. Identify any trends in contaminant concentrations in both upstream and receiving
waters, to assist in estimating environmental impacts to receiving waters.
Staff collects samples from 43 stations monthly and an additional 13 stations quarterly.
The Pollution Control and Prevention Department is then responsible to ensure that the
required sample analyses are performed properly. This is accomplished through the
Department's Pollution Monitoring Section and a contracted lab.
The Collier County Stormwater Management Department will provide the principal
technical expertise and oversight to implement the Watershed Based Restoration Plan for
the Gordon River and Naples Bay. The Stormwater Management team is directed by
Eugene Calvert who has more than 30 years of experience in managing diverse civil
engineering projects. The projects that Calvert has managed range from administration
of bridges, urban streets, rural highways, stormwater management and ecosystem
restoration. In 2003, Calvert won the NEPA Clean Water Partnership Award for the
California Governor's Environmental and Economic Leadership for Watershed and
Ecosystem Restoration.
6
Agenda Item No. 16812
November 14, 2006
Page 9 of 11
Margaret A. Bishop, Senior Project Manager for Stormwater Capital Improvements was
selected as the project manager for the Gordon River Water Quality Park that includes
this project for An Innovative Approach to Improve Water Quality in Naples Bay.
Bishop has successfully administered numerous state and federal grants and projects
including a $5,842,639.67 grant from the Florida Communities Trust and the recently
completed of a $1.8 million grant from the Natural Resource Conservation Services for
the Hurricane Wilma Canal Debris Removal Projects. Other projects include the
Watershed Master Plans, Water Quality Parks, and Countywide Exotic Removal
Program. Bishop will prepare all project schedules, monitor progress of the project,
coordinate bidding and contracting services and oversee project design, permitting
monitoring and construction. She will also provide oversight for the administration of
federal funds and the consortium of contractors with expertise in watershed restoration.
7
Agenda Item No. 16812
November 14, 2006
Page 10 of 11
PROPOSED PROJECT BUDGET TABLE-REQUURED
Budget Federal Funds Matching Total Explanation of Purchase
Category Requested Funds Funds and/or Accomplishment
(non-Federal
runds, if any)
Salaries
and
Benefits
Travel
Equipment
(over $5000)
Supplies
and
Materials
Contractual
Services $100,000.00 $200,000.Oc
Other (e.g.
printing or
distrib ution)
Indirect Cost
Rate ( %)
TOTALS $100,000.00 $ b$
200,000.0
Note: Foreign travel, land, construction, and vehicle purchases are not allowable activities for this
solicitation.
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Agenda Item No. 16813
November 14, 2006
Page 1 of 22
.-
EXECUTIVE SUMMARY
Recommendation to award Bid #06-4046 "Pine Ridge Road (US 41 North to Logan
Blvd.) Annual Landscape Maintenance Contract" to Commercial Land
Maintenance in the amount of $191,298.15 (Project #601521,601114 & 740461).
OBJECTIVE: Award Bid #06-4046 "Pine Ridge Road (US 41 North to Logan Blvd.)
Annual Landscape Maintenance Contract" to Commercial Land Maintenance to maintain
approximately six (6) miles of landscaping and irrigation.
CONSIDERATIONS: On September 15, 2006 the Purchasing Department sent out
sixty-three (63) notices for the Pine Ridge Road (US 41 North to Logan Blvd.) Annual
Landscape Maintenance Contract. On October 2,2006, a mandatory pre-bid meeting was
held. On October 12, 2006 two (2) bids were opened. Staff reviewed the bids and
recommends awarding the Bid #06-4046 to the lowest, qualified and responsive bidder,
Commercial Land Maintenance in the amount of $191 ,298.15.
Bidder
Commercial Land Maintenance
Green Heron
Base Bid
$191,298.15
$208,008.90
--.
FISCAL IMP ACT: Funds for this contract are budgeted in FY 07 in the MSTD
General Fund Landscape (112) as follows; Pine Ridge Road (US 41 North to Airport
Road) project #601521 in the amount of $68,553.05, Pine Ridge Road (Airport Road to
Logan Blvd.) project #601114 in the amount of $106,226.25 and Pine Ridge Road
Interchange project #740461 in the amount of $16,518.85 for a total of $191 ,298.15.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid #06-4046
"Pine Ridge Road (US 41 North to Logan Blvd.) Annual Landscape Maintenance
Contract" to Commercial Land Maintenance and approve the purchase in the amount of
$191,298.15.
Prepared By: Liz De Leon, Department of Alternative Transportation Modes
Attachment: Bid Tab #06-4046
_.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No 16613
November 14, 2006
Page 2 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16813
RecommendatIOn to award Bid #OEl-4046 Pine Ridge Road (US 41 North to Logan Blvd)
l:',nnual Landscape Maintenance Contract to Commercial Land Maintenance In the amount of
,1,'12,,815 iPrOlect#601521 601114 & 7404611
11/14/2006900,00 AM
Operations Coordinator
Date
Prepared By
Liz De Leon
Transportation Services
Alternative Transportation Modes
10/24120068:43:44 AM
Operations Coordinator
Date
Approved By
Liz De Leon
Transportation Services
Alternative Transportation Modes
10/24/20068:43 AM
Pnmela J. Lulich
Project Manager
Date
Approved By
Transportation Services
Alternative Transportation Modes
10/24/20069:14 AM
Approved By
Gloria Herrera
Transportation Services
ManagemenUBudget Analyst
Date
Stormwater Manllgement
10/24/200611 :28 AM
Brenda Brilhart
Purchasing Agent
Date
Approved By
Administrative Services
Purch.1smg
10/25/200G 10:4G AM
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Date
Purchasing
10126/20063:41 PM
Date
Approved By
Diane B, Flagg
Transportation Services
Director A TM Director
Alternative Transportation Modes
10/26/20064:01 PM
Date
Approved By
Norm E. Feder, AICP
TrJnsport<ltion Services
Transportation Division Adminrstrntor
Transportiltion Services Admin,
1Q/27/2006 1 :53 PM
Date
Approvell By
Steve Carnell
Administrative Services
PurcllasingJGeneral Svcs Director
Purchasing
10/30120Q6 9:59 AM
Sharon Newman
Date
Approved By
Transportation Services
Accounting Supervisor
lransport.ntion Services Admin
11/1/20063:35 PM
App roved By
PZlt Lehnhard
Transportation Services
Executive Secretary
Date
TransportDtion Services Admm
11/1120064:04 PM
Date
Approved By
011.18 Coordinator
County Manager's Office
AdmInistrative Assistant
Office of Management & Budget
11/2/2006 11 :46 AM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
11/6/2006 8:46 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Man.1Qf.lr's Office
11/G/2006 12:04 PM
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Aaenda Item No. 16B14
~ November 14, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to transfer funds from Fund
(151) Reserves to Capital Improvements (Fund 151) totaling $121,100; Sabal Palm
MSTBU
OBJECTIVE: To approve a budget amendment totaling $121,100 to transfer funds
from Reserves to Capital Improvement budget for continued maintenance for Sabal Palm
Road.
CONSIDERA TIONS: On April 8th 1986, the BCC accepted a petition to create Sabal
Palm Road Extension paving assessment district. On October 28, 1986 BeC approved
Sabal Palm Extension Municipal Service Taxing and Benefit Unit. On September 25,
2001, the BCe amended Ordinance No. 86-72 to provide for continued maintenance of
Sabal Palm Road. On October 11, 2006 based on site inspection with staff, a quote was
received for $99,392.42 to provide for the repair of pot holes. Additional funds beyond
original quote are recommended to be transferred to Capital Improvement line item for
continued repairs for FY07 after the initial pot hole repair project is completed.
FISCAL IMP ACT: Funds in the amount of $121,100 will be transferred from Reserves
to the Capital Improvement budget (Fund 151) Saba1 Palm Road MSTBU.
-
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a budget
amendment totaling $121,100 to transfer funds from Reserves to Capital Improvement
budget for continued maintenance of Sabal Palm Road.
Prepared by: Darryl Richard, Project Manager, Alternative Transportation Modes Dept.
,-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16814
November 14. 2006
Paqe 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16814
Recommendation to approve a cudget amendment 10 transfer funds from Fund (151 ')
Reserves to Capital tmprovemenis (Fund 151) totaling S 121,100: Sabal Palm MSTBU
11114/200690000 AM
Project Manager
Date
Prep. red By
Darryl Richard
Transportation Services
Alternative Transportation Modes
10/25120068:31:44 AM
Darryl Richard
Project Manager
Date
Approved By
Transportation Services
Alternative Transportation Modes
10125120068:38 AM
Approved By
Gloria Herrera
Transportation Services
Management/Budget Analyst
Date
Storm water Management
10/26/20066:22 ANI
Director A TM Director
Date
Approved By
Diane B. Flagg
TransportatIon Services
Alternative Transportation Modes
1012612006 3: 58 PM
Transportation Division Admini5trator
Date
Approved By
Norm E. Feder. AICP
lransportabon Services
Transportation Services Admin
10127120061 :54 PM
ShMon Newman
Date
Approved By
Transportation Services
Accounting Supervisor
Transportation Services Admin
11/1120063:34 PM
Approved By
Pat Lehntwrd
'Transportation Sernces
Executive Secretary
Date
Transportation Services Admin
11/1120054:06 PM
Administrative ASSistant
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management 8. Budget
1112/20001147 AM
Rhonda Rembert
Date
Approved By
Administrative Services
Contract Specialist
Purchasing
1116/200610:24 AM
Mark Isacks.on
Budqet Analyst
Date
Approved By
County Manager's Office
Office of M i"ll1agcment & Budget
11/7/20068:21 AM
Approved By
Steve Ca melt
Administrative Services
Purchasing/Genera! Svcs Director
Date
PurchaslI1g
1117/2006942 AM
County Manager
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager's Office
11/7/20063:41 PM
Agenda Item No. 16815
November 14, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to accept a warranty deed for the expansion of Vanderbilt Drive right-of-
way associated with the construction of an underpass for golf carts at the Cocohatchee Bay
PUD. (Fiscal Impact: $0.00).
OBJECTIVE: To accept additional slope right-of-way required for the reconstruction and
elevation of Vanderbilt Drive over a golf cart underpass being constructed by the developers of
the Cocohatchee Bay PUD.
CONSIDERATION: On May 5, 2004, the engineering firm of VanasseDaylor on behalf of
their client, Lodge / Abbott Associates, LLC the developer of the Cocohatchee Bay PUD,
obtained Collier County Right of Way Permit Number 20990-E for the elevation and
reconstruction of Vanderbilt Drive over a golf cart underpass being constructed by the
developers of the Cocohatchee Bay PUD. The Cocohatchee Bay PUD is a large development
located both east and west of Vanderbilt Drive. The purpose of constructing a golf cart
underpass is to protect the health and safety of residents and guests who may want to cross from
one side of Vanderbilt Drive to the other.
.-
The developer of the Cocohatchee Bay PUD is building this underpass with Collier County's
permission, but not at the County's request. All construction and maintenance costs for the
underpass are at the developer's expense. Due to the installation of the underpass, portions of
the road slope along Vanderbilt Drive had to be relocated onto the developer's land. The
developer is now donating the additional right-of-way for road slope via the attached Warranty
Deed.
FISCAL IMPACT: Lodge / Abbott Associates, LLC is donating the land and paying for the
recording fees once the conveyance has been accepted by the Board. There are no additional
maintenance fees or costs as the County already maintains Vanderbilt Drive and the existing
right-of-way along the east and west side of Vanderbilt Drive. A Maintenance Agreement for
the underpass is being negotiated separately.
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:
1. Accept the conveyance of right-of-way via Warranty Deed.
Prepared by: Lorraine Lantz, ROW Coordinator, TECM Right-of-Way
Attachment: Warranty Deed
_.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16B15
November 14, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B15
Recommendation to accept a warranty deed for the expansIon of Vanderbilt Drive nght-of~
way associated with the construction of an underpass for golf carts at the Cocohatcnee Bay
peD (Fiscal Impact SO 00)
11114/2006 90000 AM
Right Of Way Coordinator
Date
Prepared By
Lorrame Lantz
Transportation Services
TECM-ROW
10125/20062:17:23 PM
Kevin Hendricks
Right Of Way Acquisition Manager
Date
App roved By
Transportation Services
TECM-ROW
10/25/20062:21 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
10/25/20063:24 PM
Management/Budget Analyst
Date
App roved By
Usa Taylor
Transportation Services
Transportation Administration
10/27120063:56 PM
Sharon Newman
Accounting Supervisor
Date
App roved By
Transportation Services
Transportalion Services Admin
10/31120066:33 PM
Norm E. Feder, AICP
Transportntion Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admjn.
1111/20064:05 PM
Approved By
Pnt Lehntlard
Transportation Services
EKecutive Secretary
Date
1rzmsportatlOn Services Admin
1111/20064:09 PM
Or.1B Coordinator
Adrninistr3tivt: Assistant
Date
Approved By
County Manager's Office
Offlce of Management & Budget
11/21200611:48AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
1112/2006 5:03 PM
Approved By
James V. Mudd
Board of County
Commissioners
County MoUlager
Dale
County Manager's Office
11/2/20066:34 PM
... .
THIS INSTRUMENT WAS PREPARED BY:
Cheryll. Hastings, Esq.
Grant, Fridkin, Pearson, Athan & Crown, P.A.
5551 Ridgewood Drive, Suite 501
Naples, Florida 34108
239-5]4-]000
Agenda Item No. 16B15
November 14.2006
Page 3 of 8
FOR OFFICIAL USE ONLY
WARRANTY DEED
THIS INDENTURE, made this ~ day of ~ 2006, between
LODGE ABBOTT/ASSOCIA TES, LLC, a Michigan limite~ liability company (the
"Grantor"), whose mailing address is 3400 East Lafayette, Detroit, Michigan 48207, and
COLLIER COUNTY, a political subdivision of the State of Florida (the "Grantee"), whose
address is 3301 Tamiami Trail East, Naples, Florida 34112.
WITNESSETH: That the said Grantor, for and in consideration of the sum of TEN
DOLLARS ($10.00) and other valuable consideration to Grantor in hand paid by Grantee, the
receipt whereof is hereby acknowledged, hereby grants, bargains, and sells to the said Grantee,
Grantee's heirs, successors and assigns forever the following described land, situate and being in
the County of Collier, State of Florida, to wit:
See Exhibit "A" hereto and by reference made a part hereof.
SUBJECT TO conditions, limitations, restrictions, reservations and easements of record
and taxes for the year 2006 and subsequent years.
AND the said Grantor does hereby fully warrant the title to said land, and will defend the
same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has caused these presents to be executed as
provided by law, on this, the day and year first above written.
Signed, Sealed and Delivered
i~
~S#l
t',~ A.j?Jt>f. (3~CK H W5
Printed Name of Witness #1
LODGE ABBOTT/ASSOCIATES, LLC,
a Michigan limited liability company
By:
]t!:k~~
VIL/(,e.. QollJilS
Printed Name of Witness #2
,
Agenda Item No. 16815
November 14, 2006
Page 4 of 8
STATE OF
COUNTY OF
/YJ IC#/b/l-N
WI1-Y/oJe-
)
)
I HEREBY CERTIFY that the foregoing instrument was acknowledged before me on this
19ft.... day of \fvly , 2006, by Yale Levin, as Manager of LODGE
ABBOTT/ASSOCIATES, LLC, a Michigan limited liability company, who is personally known
to me (yes) (no) OR who produced as identification.
Notary 17 ~~
).,lAMer /JNAI ;2/JOPeS
Typed, stamped, or Printed Name of Notary
My Commission Expires:
NANCV ANN RHODES
NOTARY PUBLIC MACOMB CO., Mf
U't CQAMlSSION EXPIRES Sop 25, 2007
ACllNG IN WAYNE COUNTY, Ml
(Seal)
r:\data \wd_ rcaf\stgnatur\cocohalchec\right-way-deed2. doc
-2-
EXHIBIT "A"
Agenda Item No. 16B15
November 14, 2006
Page 5 of 8
UULS
SURVEYORS ANI> MAPPERS
1502-A RAII.IIEAD BLVD.
NAPLES, FLORIDA 341 I()
TELEPHONH: (239)-597-1315
FAX: (239)-597-5207
LEGAl.. DESCRIPTION
VANDERBILT OVIl:RPASS
(ADDITIONAL RIGHT OF WAY)
A l'ORTION OF SECTION ((I, TOWNSHIP 48 SOUTH, RANGE 2S EAST,
COLLlER COUNTY, fiLORlDA, BEING MOR.13 PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT TH.E NORTHWEST CORNER OF THE NORTHWEST
QUARTER or SATD SECTION I ()~ TJ-I cNCE RUN S.Ooo27100'IE., A I..ONG THE
WEST LLNE OF SAID NORTHWEST QUARTiiR FORA DISTANCE OF 429.64
FEET; THhNCE RUN N.8l)o:n'OO"F. FOR ^ DISTANCE OF 69.01 .I?EET TO THE
POINT OF BEGINN.lNG OF THE PARCEl. or LAND HEREIN DESCRIBED;
THENCE RUN S.2Gc'58'43"E. FOR. A DISTANCE OF 24.52 rEET~ TKENCE RUN
5.030 Il'39"E. FOR A DISTANCE OF 22Cl.61 FEET; THENCE RUN S.m031'31 "E.
FOR A DISTANCE OF 29,20 FEET; TI-[~NCE RUN S.02023'32"E. roOR A
DISTANCE OF 50.46 FEf':T; Tllf,NCE RUN S.Ooo58'59"K FOR A DISTANCE OF
50.28 FEET; T./lENCE RUN S.Ooo46'37"E. FOR A DISTANCE Ol~' ~O.28 FEET:
THENCE RUN' S.OOo37'56"W. paR A DISTANCE OF 50.4(i FF.8T; THENCE RUN
S.o-Io45'55"W.FOR A DISTANCE OF 50.45 FEET; THENCE R1JN S.02053'45"W.
FOR A D1ST ANCE OF 50.40 FEET; THENCE RUN S.03024'3J"W. FOR A
DISTANCE OF [00.25 F~P.T; THENCE RUN S.02041'26"W. FOR A DISTANCE OF
56.08 PEET; Tl:1.ENCE RUN S.25"'20'53"W. FOR ^ DISTANCE OF 23.36 FEET:
THENCE RUN N.Ooo27'OO"W. FOR A DISTANCE OF 756.65 F~ET TO THE
POINT OF BEGIN;\IING. PARCEL CONTAINS 14,25S SQUARE FEET OR 0.327
ACRES, MORE OR LESS.
AND
A PORTION OF SECTION 17, TOWNSHIP 48 SOUTH, RANGR 25 EAST,
COLLIE.R COUNTY, P'LORIDA, BEING MORF,.PARTJCULARLY DESCRIBED
AS [":OLLOWS:
COMMENCE AT THE NORTHeAST CORNER OF THE NORTHEAST QUARTDR
OF SAfD SECTION 17; THENCE RUN SJ}()"27'OO"E., ALONG THE EAST LINE OF
SAID NORTHEAST QlJARTgR, rOR A DISTANCE OF 399.84 FcbT; THENCE
RUN S.~Slo33'()01'W. FOR A DISTANCE OF 64.46 FEET TO THE I>OINT OF
BEGINNING (WTlfE PARCEL OF LAND HEREIN DESCR18ED; THENCE RUN
S.Ooo27118"E. FOR A DISTANCE OF 154.99 FEET~ THENCE RUN N.89033'OI "E.
SHEET 1 OF 4
Z:\I'I{O.lECTS\2Il()(,\lIM I VANOHRr!1LT OR1VE OV~RI'ASS\Sll",cy\n(;41 ADDITIONAl. ~ow OS 111/)(..,1",\
EXHIBIT "A"
Agenda Item No. 16815
November 14,2006
Page 6 of 8
FOR ^ DISTANCE OF 1.00 FEET; THENCE RUN S.Ooo27'18"E. POR A
DISTANCE or 493.00 FEET; TH!::NC~ RUN S.~9032'42"W. FOR A DISTANCE OF
M.OO FEET; THENCE RUN S.Oou27'1 ~"E. FOR ^ DrSTANCE OF 14.00 FEET;
THENCE RUN N.89032'42"E. FOR ^ DfSTANCF. OF 8.00 FF.ET; THENCE RUN
S.OO('27'IS"E. FOR A DISTANCE OF 161.27 PEET TO ^ POINT ON A C1RCtJLAR
CURVE. CONCAVE TO THE EAST. OF WHICH TH..!:: RADIUS .POINT BEARS
N.X I Q55'1.4"U., A DISTANCE Ufo' 3~055.50 FEET; THENCE RUN NORTHERLY,
ALONG THE ARC OF SA1U CURVE TO TIlE RTGHT, HA VTNa ^ RADIUS or-
3.055.50 FEET. THROUGH A CENTRAL ANGLE OF 07"J7' I 6", SU13TENDI30 BY
A CHORD OF 406.12 FEET AT ^ l:)E.ARINU OF N.04u16'OH"W., FOR A
DISTANCE OF 4()6.42 F6ET TO THE END OF SAID CURVE;; THENCE RUN
N.Ooo27'30"W. FOR ^ DISTANCE 0.. 20.00 FEET TO THE BEGINNING OF A
TANGENTIAL CIRCULAR CURVE, CONCAVE TO THe EAST; THENCE RUN
NORTHERLY. ALONG THE ARC OF SAID CURvg TO THE RlGHT, HAVING ^
RADIUS or 3,055.50 FEET, THROUGH A CENTRAL ANGLE OF 07029107",
SUBTENDED BY A CHORD or 398.R9 FEET AT A BEARING OF N.()3<)17'03"H..
FOR ^ [)]STANCE OF 399.17 FEET TO THE END OF SAID CURVE AND THE
POINT OF BEGINNING. P ARChL CONTAiNS 14,8~4 SQUARE FEET OR 0.342
ACRES, MORE OR LESS.
BF.ARINGS SHOWN HeREON REFER. TO THE NORTH LINE OF THE
NORTHWEST QUARTER 01: SECTION 16, TOWNSH1P 4R SOUTH. I~ANOr: 25
EAST, COLLIER COUNTY. FLORTDA AS HEING N.88')J4'21"E.
THIS PROPERTY IS SUBJECT TO EASEMBNTS, RESTRICTIONS AND
REScRV ATtONS OF RECORD.
...~ 0;.
-=:- . ~ .-. .;.~ 5/1006
STE1J8EN E. -l3ERR)\ s:.t'~TE u~F-LORroA. (L.S. #5296)
BBLS SURVEYORS AND:MAPPERS INC" (1.B.1I6753)
.' ~ , .', -. -
. .
T'ROOFl!D OY ,s~.. ._.. . U9111l1l(.
-,
(SEE ^ TTACHED SKETCH-SEE SHEETS 3 OF' 4 AND 4 01~ 4)
SHEET 2 OF 4
7.:"'I~O.lI~CTS\2{l{)(;\l){~ I VANDllH(lll:r OR/vn OV13Rf'ASS\sUIVl."y\O(.41 ADI)ITION^'. ROW os 10 (l1l.\Il.\O
,.
EXIDBIT "A"
Agenda Item No. 16B 15
November 14,2006
Page 7 of 8.
8
P.O.c.
NORTHWEST GORNfR OF 1HF..
NORTHWF5'r '/4 or seCTION 16,
16 TOWNSHIP 46 :;ou'n I. HANeL 2f. F. ^:':T,
cowm COUIHY, FLORIDA
9
.l:-Eg.r-~._END
P.O.C. POINT OF COMMF:NCFMFNT
P.O.B. POINT OF' AFr.tNNINr.
I I
1'~ :
l---r~E'~:~~]~~~:~ I ,la'! +-
(] ."i0 TOO 1:;0 :mu I ",-lll 11
ADOllfONAI. 1~IGJIl OF WAY i '~I 1 ~ -"i---~, I ~I WFST LINt.: Ot lilt::
o,n, 35e3, pes 15Y/-1S4/~ '\ <ri -l[, NOrlTHWCST 1/4 OF
ACCePTeD [1'( 1:l0Ar~U <.)10' I - ~ "5L.:c'nON 16, 'COWNSHIr> ~8
COUNTY COMMI~SIONEH:; PCH SOUTH. RANG!:. 2~ EAST,
RESOLUTION 20U4' 2:., I I : COLLIER COUNTY, fLORID^
LINE TABLE : :'o~I~1 i
BEARING LENGTH 1,11-::; i.8 . L
'x ,..." "'"
S26'5B'4.3~E 24.52 ' I' <'.:I ~ \ :,<1 ~
S03"',)9"e: 226.G1 II) Cl"~; I ~I~ I
503'"31'31-( 29.20 : ~1 I ^DDI~I?NAL r~I.?IH, Of WAY
. " I :.: I' O.r<. J:.Jtjs, pc", 1:::1.37 1547
SO '.7.3 J2. E 50.46 ; t,' ,ACCCPTED By BOARD OF
SOO'SEl'S9"E ~0.28 '1'i II I.. l COUNTY COMMIS5IONr.R" PFR
500'46'37"E 50.28 ,': c. '8, " RFf.OU)T10N 200"'-~!>
SOO'37'SG"W 50.4G : I;"" I \
son,5'55"W 50.4.!:i I I'" I \
SOZ'S3'4S-W 50.4{) P.O.B, ~ l22 L-tg
SOJ'2.4'J3"W 100.25 : .~_... - V]: I,
S02.'41'26"W Sfl.C)~ : I 'LL2J: r ;.,.-P.O,B.
S25"20'S3"W 23.:56 .......- :'-1 --~- -s.\
NOO'Z7'OO"W 7Sfl.BS r I \ ' I ;-
SOO'7.7'16"E 154.99 ~";!.., : ~ \ : ':i: ~
NI39'33'01-E 1.00 . ,.c. I... ..::: ( I !.~:.J
SOO'27'18"F. 493.00 Ef;: " :::;: ~: I \ ~ ~
S89'J2.'42"W B.OO n~ ~ f . ," ';,; I ~ UJ":;
500',,7"8"E 14.00 c\' GI13:J I I ~ ~
N89'32'42-C a.oo b:! 'ii5 I n~ ~ ::~
500'27'H5"1:: 161.27 ,';: I .U5 'a:;; I...: '!:. 1 a.. ,
Co I \u. I~"" ---.1
N00'27'JO"W 20.00 g:: I ;.~ \ ~ 0 ~ I
S89"33'00"W 64.46 I :<: g; ,
S89'3.:rOO"W 69.01 : :~ I "
prwpost:O I fj, \ ,
, ,- 1t1 PUI-lIIC lJTlllTY
CASEMCNT
r>lJ811~O'UTILiTY -1,1- Il :
C^SCMCN"t' I \
i : i:; I j MA TCHLlNE SEE SHEET 3 OF 4
-, ___I-__Ioo,.___~_ ''M"ATCHLlNfE SEE SHEET 4 OF 4
w
LINE
L1
L2
L3
L4
L5
U>
L7
LB
L9
lI0
L11
L12
L13
L14
L1S
L 16
L17
L1B
L 19
L20
L21
L22
L2J
NOTES
. - ----
17
N
I I
\ \
1_!--1
.. 'N~;~;-;- I~II',.-/"'--
NORTl-IWE~T 1/4
~~
/-) c:.\.
_,I-
I
('
-." >I
CAST LINe or THE
NORTriEAST 1/4 OF
SeCTION 17, TOWNS~~
~OUlll. F<ANCC 25 CI\ST,
CULLlLI~ COUN ry, FLORIDA :
.5
f.l
'l'
..,
0'
.,
S!
~
~
~;
~r
a
4~.
~
"
...
"
~
,,:
~
H
~
'"
.'
;~
'R
~'
CURVE
C1
C2
CURVF. TABLE
LENGTH OELTA
405.42' T'J7'1(;~
~!1!1. 17' T7.9 '07~
~
:ii
~
~
1.) B[ARINCS SHOWN HERF:ON RFTF.R TO THE Nor<T~r LtNL UI.
Tl~[ N.W. 1/4 or SECTlON 1S, TOWNSHIf' ~f:I S, HANOe 2:' c...
COLLIER COUNTY. FLORIOA. AS n(ING N,I:ilL\~';!'''L,
2.) THIS PROPERTY IS SUfiJF.CT TC) r:^~LMLN I ~;, m':~;lI/VA TlONS
ANI) Rt.~~TTlICTION~; C)! r?CCORO.
RADIUS
J05!;.~O'
:JOSS.SO'
CNOf(O CI.,Of,,'l) BCARING
406. T2' S04'T6'087:
J9F.l.89 , SOT 1 7'OJ'W
~
.'
I.~.
:..:
~
:J
.k.
.~
J,) IJIMLNSJON5 SHOWN HEREON ARF. IN FF.f'T ANn DE:eU"l^L~~
THF.:RF.:OI'.
~ 9 e i !
~... ~ e : ~ ~ ~'
It ~ A ~e ~
SHEET30F4
THIS IS NOT A SURVEY
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
VANDcRSfl. T OVERPASS (ADDITIONAL RIGHT OF WA Y)
A PORTION OF SECTION 16,
TOWNSHIP 40 SOUTH. flANGE. 25 EAST.
COLLIER COUNTY, FLORIDA,
BBLS SURVEYORS & MAP'S INC.
1502.A RAIL HEAD BLVD.
f>JAPLES, FLORIDA 34110 (239) 597.1315
"
AODI'fIONAL I~IGI-rr or WAY
O.I~, j:)~", PC:; 1 tlSI.. 1 b4/
r /I,t:Cl::1-' II:.Ll I:iY I:!OA~I) Dr
COUN r'l' COMMI::;SIONI::I,:5 PI~I~
RESOLunON 2004-25
I - 1- : 'J I \ MATCHLlNE SEE SHEET 3 OF 4
-r---~--~\ 1: Itl;-;3-' - lMATCHUNESEESHccT40F4
,I 1_ ~:
: I ;: ~g l
1 I I Il~:>- ;1
i I \ '?~ 1 -J~
1 ~ ::1 JI~' J' ~\
." ~,' 1. '.....~, ~,r -=---;:. "-'':':''- :"--',,\ ,~, ~ Tit
\"" . _" . .... .~ .l'~ ..-. '. '. . t '.,,', :.. ~
.7"-'-'1- :...r..~', -' L_~'-:'-:-'l-.-.-l =. --I:.. ':
~~g~~~~~~ I ~ ~ I i :1' \ 3 ~ 1
~ ",.), \ ~
I ~ <(0.;.] . ' ".,' 1
h. L.U I ::::,_:....tl I' I ....1 ~!';'
lJ ~ I I~ <3:>-1 f : 0 ~
I- .. I It; .-. :"". . I I I- .
I>-: a:-::I.! I I b~
~~..;; I 100' I -; ""
u:.~ I : . ...._... tQ . U_ ~,
~ \ ! I ~i ~
ii.: I j 1 : g;
it \ ' II ~i' : ~i [
~ ~ I
~ ~ I
I to ," ,
\ :;:i1-1..17 !: 1J :
\ l'(I--L:19 ~ 'l;gCj I 3j
, ~ T':S I I
\ ~ :~~~ :
I iX: \''''''''' I
" ,..... ;'V1t I
"'""" wl!'l.~
I I- I \"1'''' J .....,
I 01 1":1"\.0 I ~,
\ ~I ~ :h3i~ I "',
\ a: I''ir..i ~ I /.~,
, UJ :.i~l~ "'~I
I ~ t;;ut U / 1-1". PIJflUC UTILITY
\ :5- I .~: :,' E^$lMCN'1
\'1, 1\, III -I: i ~ : ,,/ '
.... AD('lITION^L ~ICH'I 01, WAY
'.' 0.1'. :J~.B,~, PGS 1~37-1~""'1
~I I \ I I - - ACCFf>TE:D BY Do^r~D or..
\\ . i I COUNTY CrJMMI~$IONcr<'.i r'CI?
~. ~ Iii I\(.~>OLU nON 7.00....-;>:;
N
w
~ (:/
.;..j -
'-. ,...
;/' \~
r:
o
I .E""----E-::3
--t~-"'. ,...-----..
.----- - .._.~_..-
t~o
LEGEND
,.--
P,O.C. !'OlNT
P,O,B, POINT
UNE
L1
L2.
L3
L4
L5
L6
L7
L8
I.!=I
L10
U1
L12.
L1J
L14
US
U6
L17
UB
L19
\.20
LZ1
L29
NOTES
.'
.,
SC/lLE': 1" = 100'
50
100
LENGTH
24.G2
22fl.Cl1
29.2.0
50,46
50.n1
50.28
50,46
50,45
50.40
100.25
56.08
:?:.'l.J6
756.55
154.99
1.00
493,00
8,00
1010.00
8,00
161.27
20.00
50.01
EXHIBIT "A"
Agenda Item No, 16815
November 14, 2006
Page 8 of 8
OF' CO.....MENCF:MF.NT
or BEGINNING
LINE TABLE
BEARING
57.6"58'" J"E
SOJ'tj'J9"E
503"J1 'J1-E
SOZ'2J'J2"E
SOO"56'S9"E
SOO"'1-6'37"E
SOO'37'S6"w
S01'4S'5S"W
S02'SJ'4S"W
SOJ'24'.33"W
SOZ'41'Z5"W
SZ5'ZO'S:.'l"W
NOO'Z7'OO"W
500"27'18"1::
N6S'JJ'01"E
SOO'~7'1 S"E
S89'32'4Z"W
SOO7.7'1 R-F.
N!)9"JI!"1\.2"e
500'27'1 aWE
NOO'Z7'JO-W
N88"J4'21 "E:
,?OD
B
~
~
:!
~
'"
!oj
"
;;
"
"'
"
,.
.:;
l'J
...
11
'c
~~
-!
~
~
'"
T
:tt
":'~
~.
l
1.) Br::M~INO~ ~;I'IOWN HeREON REF'ER TO 'THE NORl't1 LINL 01.
THf: N.W. 1/~ ()F ~;LC;n()N 1~. IOWNSHIP 411 S, RANr.r:: ~5 E.,
COLLIER COUNTY. r1.ortIDA, ^!:i tJl::lNG N,ElIl';lt\'2'"W.
CURVF. RIIDIUS
(;1 J055.S0'
C2 :JO~5"50'
CURVE' TABLE
LENGTH DELTA CHORD CHOF?D 8F.1lRING
406.42' 737'16- -106.12' N04'T5'08'W
399. 17' 729'07- 39B.R.Q' N03.,../'03"/:.-
SHEET 4 OF 4
THfS IS NOT A SURVEY
"
.r
n
III
I'
."
~
?,) THt~ PHOI-'I'.H'fy It; SUO.JCCT TO EASEMF.NTS. RF:,rr~V^'lmN~,;
A"IU tlGiTRICTIONS or: RECORD,
~
..
"
~-
"
x
;1
*
.!>
"l
.....-,,~
.:s,) DIMENSIONS SHOWN HEREON Arl( IN 1'1':1.:1' ANn DECIMALS
THcr<COJ" ,
l ~ ~
.' 91:1 t!,/ ~ Tl
011 ~ ~.. ~,:il.. ;t'
~ !i a ~~ ~
SKCTCH TO ACCOMPANY LEGAL OESCRTPTlON
VANDERBJL T OVERPASS (A DDIT10NAL RIGHT OF WA Y)
A PORTION OF SECTION 16,
TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA,
BBLS SURVEYORS lit MAP'S INC.
1502-,4 RAIL HEAO BLVO.
NAPI.t::J. FLORIOA 34110 (239) :197-1315
Agenda Item No. 16C1
November 14, 2006
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 03 for Contract ML040284 with the
South Florida Water Management District to reduce the scope of work and decrease
the amount of the original agreement by $25,500.
OBJECTIVE: To obtain Board of County Commissioners approval of the attached
Amendment between the County and the South Florida Water Management District
(Amendment No. 03 to Agreement No. ML040284).
-
CONSIDERATIONS: This amendment reduces the scope of work required under the
original agreement between the County and South Florida Water Management District
(SFWMD). The original agreement required the Pollution Control & Prevention
Department to monitor surface water quality at fifty-three (53) locations in Collier
County; submit quarterly data reports and provide an annual assessment report. The
SFWMD has requested that Collier County sign the attached amendment which modifies
the reporting section eliminating the requirement for an annual assessment report.
SFWMD staff recognized that there was insufficient historical data during the contract
period to complete an adequate assessment of long-term trends and requested that no
annual summary report be submitted. Quarterly reports and data have been submitted to
the SFWMD over the term of the three year contract. This Amendment recognizes that
the SFWMD reduced the scope of work of the original agreement and the County
fulfilled its obligations to the original agreement.
The original Agreement No. ML040284 covered a three year period beginning in Fiscal
Year 2004 and ending in Fiscal Year 2006 and paid the County up to $300,000. This
Amendment reduces the amount of the original agreement by $8,500 per year for three
years totaling $25,500.
FISCAL IMPACT: This annual deliverable was not billed by the Pollution Control &
Prevention Department during the three years of the original agreement. Therefore, the
$25,500 revenue was not recognized nor received by the County. This revenue would
have been recognized in Miscellaneous Grant Fund (116).
GROWTH MANAGEMENT IMPACT: There is no growth management impact
resulting from Amendment No.3.
RECOMMENDATION: That the Board of County Commissioners approve the
attached Amendment No. 03 for Contract ML040284, whereby the South Florida Water
Management District will reduce the scope of work and cost of the original agreement.
_.
Prepared By: Rhonda J. Watkins, Principal Environmental Specialist
Pollution Control & Prevention Department
Aqenda Item No. 16C1
~ November 14, 2006
Page 2 of 9
Aqenda Item No. 16C1
- November 14, 2006
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
~GC1
Item Summary:
RecJmmendatlon to approve Amendment 1\0 03 for Contract ML040284 with the South
Florida \/vater Managernent District to reauce the scope Of work and decrease the amount of
tt1€ onglnal agreement by S25.500
Meeting Date:
11/14/200690000,\M
Prepared By
Ray Smith
Director
Date
Public Utilities
Pollution Control & Prevention
10/10/2006 1 :55:30 PM
Approved By
Ray Smith
Director
Date
Public Utilities
Pollution Control & Prevention
101161200611 :45 AM
Approved By
Tilomas Wi des
Operations Director
Date
Public Utilities
Public Utilities Operations
10126/20064:09 PM
Approved By
James W. DeLany
Public Utilities Administrator
Date
Public Utilities
Public Utilrties Administration
10/31/20063:36 PM
Approved By
OMB Coordinator
Administrative Assrstant
Date
County Manager's Office
OHice of Management & Budget
11/1/20068:32 AM
Approved By
Rand~,' Greenwald
j\"ianagcment/8udget Analyst
Dale
County Manager's Office
OfficH of Management & Bucfgnt
11f1/2006 10:44 AI'v1
Approved By
Mrchael Smykowski
MJnagement & Budget Drrector
Dnte
Count)' Manager's Offic!:;
Office of Management & Budget
11.15!2006 8:42 AM
Approved By
jnmes V_ Mudd
County M.anager
Dilte
Board of County
Commiss.ioners
County Manager's Offlce
11/6120068:24 AM
8
AonR~ealN~L
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
ML040284-A03
AMENDMENT NO. 03
TO AGREEMENT NO. ML040284
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
This AMENDMENT NO. 03, entered into on . to that AGREEMENT
dated November 3,2003, as amended on July 8,2005 and May 9,2006, between "the Parties,"
the South Florida Water Management District (DISTRICT), and Collier County, Florida
(COUNTY).
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
parties; and
WHEREAS, the parties wish to amend the AGREEMENT in order to decrease funding
of the AGREEMENT, and amend the Statement of Work and the Payment and Deliverable
Schedule; . .
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1) The monetary consideration for the AGREEMENT is hereby decreased by an amount
not-to-exceed Twenty Five Thousand Five Hundred Dollars and No Cents ($25,500.00), for a
total revised AGREEMENT amount not-to-exceed Four Hundred Forty Six Thousand Five
Hundred Dollars and No Cents ($446,500.00).
Amendment No.03 to Agreement No. ML040284-A03 - Page 1 of2
E)
Agenda item No. 16C1
November 14. 2006
Page 5 of 9
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
2. The Statement of Work is hereby amended to reduce the Scope of Work and to delete
Task SA in accordance with Exhibit "C3" attached hereto and made a part of this
AMENDMENT NO. 03.
3. The Payment and Deliverable Schedule is hereby amended in accordance with Exhibit
"D3" attached hereto and made a part of this AMENDMENT NO. 03.
4. The contract cover page is hereby amended to forward all invoices to South Florida
Water Management District, P.O. Box 24682, West Palm Beach, Florida 33416-4682, effective
immediately.
5. All other terms and conditions of the AGREEMENT, as amended, remain unchanged.
6. This AMENDMENT NO. 03 shall be effective upon the date of execution by the parties.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 03 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Procurement Director
SFWMD PROCUREMENT APPROVED
By: l1-;ui-,~.-V /3-<.t-t:jl-'
I ~ 0
Date: 7""./6 ~ol'
~
Aftill'
.IB'I'I. "ql&_
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
If:
By:
FRANK HALAS
Title: CHAIRMAN
.A.P.PNV. u io !OUll.& 10~ su!(fjckJne~
_ rr- /OM PJ~~
~....EBt~t:v ~,ttt'''nV!~7
Amendment No.03 to Agreement No. ML040284-A03 - Page 2 of 2
Agenda Item No. 16C1
November 14,2006
Page 6 of 9
EXIllBIT "C3' ,
STATEMENT OF WORK TO AMEND
COLLECTION AND ANALYSES OF SURFACE WATER QUALITY
SAMPLES IN COlLIER COUNTY
1. INTRODUCTION AND BACKGROUND
This third Amendment between the South Florida Water Management District (District) and Collier
County Pollution Control (County) will run concurrently with the original contract (ML040284)
and concurrently with amendments ML040284-AOl, and ML040284-A02, set to expire November
2, 2006. This third amendment (ML040284-A03) removes the annual report requirement detailed
in Task 5A of the original contract.
n. OBJECTIVE
The primary objective of this Amendment is to modify the reporting section in Task 5 of the
original contract. Part of Task 5 requested Collier County Pollution Control (County) to submit
an annual calendar year report detailing the data collected in support of the Collier County Water
Quality Monitoring Project (CCWQ). A report was due by March 15 of each calendar year
(FY04, FY05, FY06) and was to consist of various information regarding the project, i.e. project
background, collection methods, laboratory analysis, monitoring problems, data management,
trend analysis, interpretation of data including land use and weather events, results and
discussions. This task is not being completed since historical data necessary for trend analysis of
various parameters, land use changes and weather data were not available to complete this task.
m. SCOPE OF WORK
The County will continue to collect, analyze and provide quarterly reports on the stations
outlined in the original contract. The District is exercising its option to reduce the scope of work
and no longer requires the performance of Task SA. Task SA required the submittal of an annual
calendar year report summarizing the data collected during the year. As a result, monies
allocated for that task, $8,500 for FY04, FY05 and FY06 (total $25,500) is deleted from the
original scope of work.
Page 1 of 1, Exhibit "C3' . to Agreement ML040284-A03,
Agenda Item ~~o. 16C1
~..Jovember 14. 2006
Page 7 of 9
EXIllBIT "D3' ,
PAYMENT AND DELIVERABLE SCHEDULE
The County shall invoice the District on a quarterly basis. All invoices shall list the deliverables
submitted to the District within the quarterly reporting period. Upon receipt and/or documentation of
completion and acceptance of deliverables by the District, the District agrees to pay the County as
specified below and in accordance with Exhibits "C3", "C2" and "Cl" Statement of Work. The total not
to exceed consideration to be provided by the District 'UIlder this agreement is $446,500.00.
Payment and DeUverable Schedule in accordance with Exhibit "C3" Statement of Work
Task Deliverable Description Due Date FY04 FY05 FY06
Payment Payment Amount Payment Amount
Amount
Task Collect monthly field
1 measurements at (53)
monitoring sites for Projects Monthly $5,140.00 $5,140.00 $5,140.00
CCWQ and IMKS located {$1,285.00 per ($1,285.00 per ($1,285.00 per
within Collier County. quarter) Quarter) quarter)
Task Collect monthly and quarterly
2 surface water quality samples at Monthly/ $15,425.00 $15,425.00 $15,425.00
(53) monitoring sites for Project Quarterly (CCWQ) ($3,856.25 per ($3,856.25 per ($3,856.25 per
CCWQ and IMKS located quarter) quarter) quarter)
within Collier County.
Task Analyze surface water quality $42,000.00 $42,000.00 $42,000.00
2A samples for the parameters Monthly/Quarterly ($10,SOO.00 per ($10,500.0 per ($10,500.00 per
specified in this Agreement for quarter) quarter) quarter)
(53) monitoring stations.
Task Ensure all data meet the quality
3 control/quality assurance $11,660.00 $11,660.00 $11,660.00
requirement detailed in this Quarterly ($2,915.00 per ($2,915.00 per ($2,915.00 per
agreement. Perform QA quarter) quarter) quarter)
reviews of data as specified in
this Agreement
Task Submit data in the required Quarterly $5,615.00 $5,615.00 $5,615.00
4 electronic format and submit (Within 60 days of ($1,403.75 per ($1,403.75 per ($1,403.75 per
copies of all field notes to the the end of the quarter) quarter) quarter)
District Project Manager. reporting period)
Task Submit quarterly progress Quarterly $11,660.00 $11,660.00 $11,660.00
5 reports to the District Project (Within 60 days of ($2,915.00 per ($2,915.00 per ($2,915.00 per
Manager. the end of the quarter) quarter) quarter)
reporting period)
Total Quarterly Payments $22,875.00 $22,875.00 $22,875.00
Total Payments per Fiscal Year $91,500.00 $91,500.00 $91,500.00
Page 1 of 3. Exhibit "D3' , to Agreement ML040284-A03,
Agenda Item No. 16C1
November 14, 2006
Page 8 of 9
Payment and Deliverable Schedule in accordance with Exhibit "e2' , Statement of Work
Deliverable Deliverable Description Event FY06
Payment
Amount
1 Five (5) surface water sample events ofseven (7) sites when $1,100.00 per event $5,500
flow is occurring as detailed in Part IV of Exhibit C1, ''Work not to exceed five (5)
Breakdown Structure" events
2 Laboratory analysis of surface water samples for the 7 SGGW $6,500
project, parameters specified in Table II within 30 days after $130.00
the completion of a sampling event, with data to be processed per sample not to
through aDaPTs as defined in Appendix A and Table 1A and exceed 50 samples
lB.
,
3 Laboratory data submitted to District from projects CCWQ $28,000
and IMKS collected and analyzyed under ML-040284. to be Payment of$14,000
processed through aDaPTs as defined in Appendix A and each to be paid at the
Tables 1A and lB. within the timeframe for laboratory data end of June and
deliverable defined in ML-040284. November 2006
Total Payments per Fiscal Year $40,000
Page 2 of 3, Exhibit · '03' , to Agreement ML040284-A03,
A.aenda !tem No. 16C 1
, November 14. 2006
Page 9 of 9
Payment and Deliverable Schedule in accordance with Exhibit "C1' , Statement of Work
Task Deliverable Description Due Date FY05
Payment
Amount
Task Develop and submit a work plan and a method for determining Before Start of
1 flow in SGGE at surface water sites to District Project SGGE Surface Water $5,000.00
Mana~er. Collection
Task Collect surface water field measurements at Picayune Strand $0.00
2 (SGGE) surface water sites ifthere is flow. Monthly
Task Collect monthly surface water samples at 7 SGGE surface $22,511.00
3 water sites at Prairie Canal, if there is flow. Collect samples ($11,255.50 per
one time only at 23 sites in Picayune Strand, if there is flow MonthlylOne quarter)
and ship to District overflow lab on day of collection. Time only.
Task Analyze surface water quality samples for the parameters $30,568.00
3A specified in this Agreement for up to 7 SGGE Prairie Canal ($15,284.00 per
sites. Monthly QUarter)
Task Collect field measurements at 24 groundwater monitoring sites $0.00
4 for SGGE. One time only.
Task Collect groundwater quality samples at 24 wells in SGGE for $15,000.00
5 the parameters specified in Appendix C; submit to District ($7,500.00 per
overflow lab on day of collection. One time onlv. Quarter)
Task Ensure all data meet the quality control I quality assurance $13,604.00
6 requirement detailed in this agreement. Perform QA reviews Quarterly ($6,802.00 per
of data as specified in this Agreement. quarter)
Task Submit all Contract and Amendment data to District Project Quarterly $35,000.00
7 Manager in ADaPT electronic format. (Within 60 days of ($17,000.00 per
the end of the
reporting period) quarter)
Task Submit quarterly progress reports to the District Project Quarterly $10,317.00
8 Manager. (Within 60 days of ($5,158.50 per
the end of the quarter)
reportin~ period)
Quarterly Payments $66,000.00
Total Payments per Fiscal Year $132,000.00
Page 3 of 3, Exhibit "D3' , to Agreement ML040284-A03,
Aaenda Item f\Jo. 16C2
~ November 14, 2006
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve an Underground Distribution Facilities Installation Agreement
with Florida Power & Light Company (FPL) and authorize payment of $20,594.66 to FPL to
provide and install underground electric service to the South County Regional Water
Treatment Plant (SCRWTP) Raw 'Vater Supply Wells 39S, 40S, 41S, and 42S, as Project
71051.
OBJECTIVE: To obtain Board approval of an agreement with FPL to supply electric power
service to four new raw water supply wells at the SCRWTP. The public purpose is to increase the
sustainability of our water production facilities to ensure adequate capacity to meet the water
demands of our customers while being fully compliant with all laws, codes, and ordinances.
,-
CONSIDERATIONS: On July 25, 2006, Item 10 0, the Board approved the award of a work
order to Diversified Drilling Corporation to drill four new raw water supply wells at the SCRWTP.
On September 26, 2006, Item 10 L, the Board approved the award of a work order to Mitchell &
Stark Construction Company to provide pumping equipment for the aforementioned new wells, and
a work order to D.N. Higgins to install the aforementioned equipment. This will make the newly
drilled wells fully functional and capable of transmitting raw water to the SCRWTP for treatment
and ultimate distribution as potable water to Collier County's water customers. This project is
consistent with the 2005 Water Master Plan Update as adopted by the Board on June 6, 2006, Item
10 B.
Electric service is needed from FPL to operate the four new wells. In order for FPL to provide said
power, they require that the County execute an Underground Distribution Facilities Installation
Agreement and remit payment of $20,594.66. This will enable FPL to proceed with ordering,
providing, and installing the necessary equipment for underground electric service. Included will be
an electrical pad mounted transfomler, conduit, electric meter, wiring, and grounding. All
necessary utility easements for this installation were approved by the Board on September 12, 2006,
Item 16(C)(13), and were subsequently recorded.
FISCAL IMPACT: Funds are available and are consistent with the FY07 Water Capital Budget
approved by the Board on September 21,2006. The project is identified as the SCRWTP Four New
Raw Water Supply Wells 39S, 40S, 41S, and 42S. Source of funds is Water User Fees (Fund 412).
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDA TIONS: That the Board of County Commissioners, as Ex-officio the Governing
Board of the Collier County Water Sewer District;
1. Approve and authorize the Chairman to execute the Underground Distribution Facilities
Installation Agreement after approval by the County Attorney's Office.
2. Authorize payment in the amount of $20,594.66 to FPL to provide and install the necessary
electrical equipment to provide electric service to the four new raw water supply wells.
-
PREPARED BY: Peter Schalt, PMP Senior Project Manager, Public Utilities Engineering
Item Number:
Item Summary:
Meeting Date:
Aqenda Item No. 16C2
~ NoV\-mlr)(.;~r 2006
P ape of 1 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C2
F~ecommendat!On to approve an Underground D<stnbutlon Facl!ltles Inst<)llatlon Agreement
""vith Florida Power & light Company (FPL) and autrlOrlze payment of S20,59466 to FPL to
orovide and install underground electric service to the South County Re'Jlonal \lVater
i"reatmenl Piar,t (SCRVviP) Raw Water Supply Wells :~9S 405,415. and 42S; as Project
71051
1/14!2006" 0000 "M
Senior Project Manager
Date
Prepared By
Peter Scllalt, PMP
Public Utilltics
Approved By
Thomas Wides
Public Utllities
Approved By
William D. Mullin, PE
Public Utilities
Approved By
Pamela Libby
Public Utilities
Approved By
Pilul Mattausclt
Public Utilities
Approved By
Hoy B. AndCt"son P.E
Public Utilities
Public Utilities Engineering
10/20/200611 :08:47 AM
Operations Director
Date
Public Utilities Ooerations
10/25120067.46 AM
Principal Project Manager
Date
Public Utilities Engineering
10125120069:55 AM
Water Ooerations Ml!nager
Date
Water
101'25/20064:20 PM
W.Jter Director
D;:It(j
Water
10/25/2006 5:45 PM
Public Utilities En9ineenng Dircc:\or
[).ate
Public Utilliies Engi!v!(lnng
10!27!2(W6 12:43 PM
Approved By
Public Utilities f..omlnlStrator
Date
James IN_ DeL.ony
F'lIDlic Utilities
PutJlic Utdities AdmHli5tr,"ltiol1
1Ol31/201]6 3:3G PM
OMS Coordinator
Administrative Assistant
Dat€
AI'P roved By
County Manager's Office
Offlce of Management & 8udg'S't
111112006833 AM
Susan Usher
S(~nior r'/lanagc-rnent/Budget Anajy~;>l
Date
Approved By
County rJ1 anager's Offlc€
Off,c(~ of Management & Budget
1~ l3:Z00G 5: 03 PM
r/:lchacl Smykowski
~,~ana9(,;ment & BlJdgel Director
D<lte
Approved By
County Mana(1er's OffiCE->
Office of Management & Budget
11i3/2006 544 PM
Approved By
.James v. ~,f'tudd
BOilrd of County'
Commissioners
County Manager
Date
County Manager's Ofhce
l1iE.!200G 9:-10 AM
Agenda Item No. 16C2
November 14, 2006
E'.aqe 3 of 12
WF:# 2361755
Fp:L.
UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
ThiS Agreement. made this _ day of , 2006, by and between Collier County (hereinafter called the Customer) and FLORIDA
POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL)
WITNESSETH:
Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as W~lliL;t9!40 &
41/42 located in Naples/Collier Florida
(City/County)
That for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows:
The Customer shall pay FPL a Contribution in Aid of Construction of $20.594.66 (the Contribution) to cover the differential cost
between an underground and a n overhead system This is based on the currently effective tariff filed with the Florida Public Service
Commission by FPL and is broken down as follows transformers at $3.410.44 + $2.046.85 = $5.457.29: excess primary 2775' x $3.81
= $10,572.75: splice boxes at $1,521.54 x 3 = $4,564.62
2 That a credit of N/A shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other
work as shown on Exhibit A, if applicable, and approved by FPL
3 The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commissicn and the
Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in
the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer The contribution does
not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or
underground facilities to serve the property identified above
4 That the Contribution provides for 277/480 volt, Three phase (120/240 volt, single phase for URD Subdivisions) underground electrical
service with facilities located on private property in easements as required by FPL The contribution is based on employment of rapid
production techniques and cooperation to eliminate conflicts with other utilities Underground service secondary and primary
conductors are to be of standard FPL design, in conduit, and with above-grade appurtenances
5 That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff
If the property is subject to an underground ordinance, FPL shall notify the appropriate govemmental agency that satisfactory
arrangements have been made with the Customer as specified by FPL
Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL
6 That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage
subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained,
and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage
subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in
the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to
the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property or (4) other circumstances
exist which FPL determines would make such a subordination necessary
a) The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description, and exact
name of the legal owner to be used when an easement is prepared, as required by FPL
b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the
Customer's construction site, as required by FPL
c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require
the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities at no
cost to FPL, and FPL will release the existing easement Mortgage subordinations will be necessary in this context when 1) the
Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for
subordination of the lien of the mortgage to utility easements. or 3) FPL's facilities are or will be used to serve other parcels of
property
Aqenda Item No. 16C2
" November 14, 2006
P8~qe. 4 Of 12
WIt # 235'1/)5
7 Before FPL can begin its engineering work on the underground electric distribution facilities. the Customer shall provide FPL with the following:
a) Paving grading and drainage plans showing all surface and sub-surface drainage satisfactory to FPL,
b) A construction schedule,
c) An estimate of when electric service will be required and
d) Copies of the Customer's final construction plans as well as other construction drawings (plot site, sewage, electrical, etc ) requested by FPL
plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the
requirements for recording (except approval by the governing body) by a registered land surveyor.
8 Prior to FPL construction pursuant to this agreement. the Customer shall:
a) Clear the FPL easement on the Customer's property of tree stumps, all trees and other obstructions that conflict with construction, including
the drainage of all flooded areas The Customer shall be responsible for clearing compacting, boulder and large rock removal, stump
removal, paving and addressing other special conditions The easernent shall be graded to within six inches of final grade with soil stabilized
b) Provide property line and corner stakes, designated by a licensed surveyor to establish a reference for locating the underground cable
trench route in the easement and additional reference points when required by FPL Also, the Customer shall provide stakes identifying the
location, depth, size and type facility of all non-FPL underground facilities within or near the easement where FPL distribution facilities will be
installed The Customer shall maintain these stakes, and if any of these stakes are lost. destroyed or moved and FPL requires their use, the
Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent employee contractor or
subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes
0) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer if said
relocation or repair Is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors from the
time the underground facilities were installed: and, that subsequent repair to FPL's system, once installed, will be paid by the Customer if said
repair is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors
d) Provide sufficient and timely advance notice QQ days) as required by FPL for FPL to install its underground distribution facilities prior to the
installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions In the absence of sufficient coordination, as
determined by FPL, by the Customer all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of
restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they be installed
prior to FPL's facilities shall be borne by FPL
e) Pay for ail additional costs incurred by FPL which may include. but are not limited to, engineering design, administration and relocation
expenses due to changes made subsequent to this agreement on Ule subdivision or development layout or grade
f) Provide applicable trenching, backfilling, installation of Company provided conduit and other work in aC'.Gordance with FPL specifications more
particularly described on Exhibit B attached hereto At the discretion of FPL, either correct any discrepancies, within two (2) working days,
found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the assooiated cost 10
correct the installation within thirty (30) days of receiving the associated bill and in either case reimburse FPL for costs associated with lost
crew time due to such discrepancies
g) Provide a meter enclosure, downpipe and all which meet all applicable codes and FPL specifications and which will accommodate FPLs
service cable size and design These items must be confirmed with FPL prior to purchase FPL will not be responsible for costs involved in
modifying or replacing items which do not meet the above criteria
9 FPL shall:
a) Provide the Customer with a plan shOWing the location of all FPL underground facilities, point of delivery and transformer locations and
specifications required by FPL and ;0 be adhered to by the Customer
b) Install, own, and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted
c) Request the Customer to participate in a pre-construction conference with the Customer's contractors the FPL representatives and other utilities
within six (6) weeks of the start of construction At the pre-construction conference FPL shall provide the Customer V\~th an estimate of the date
when service may be provided
10 This Agreement is subject to FPL's Electric Tariff, including but not limited to the Generai Rules and Regulations for Electric Service and the Rules of
the Florida Public Service Commission as they are nowwritlen, or as they may be revised, amended or supplemented,
11 This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL
The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in prOViding permanent electric service at tre time of the
Customer's receipt of a certificate of occupancy
Accepted:
1t~, !J~
Fo(1PL (Date)
Fo(2. f(It,IJDf Cf'lm,1J
;Ojl{,/oto
Accepted:
Customer
(Date)
Witness
(Date)
Witness
(Date)
L\genda Item No. 16C2
hJovember 14, 2006
~cLqQ 5 of 12
WR# 2361755
.~~1
FPL
TRANSFORMER PAD lOCATION AND SPECIFICATION
PROJECT: Wells 39/40 & 41/42
ADDRESS: Jenkins Way
DATE: October 16, 2006
FPL WR # 2361755
CUSTOMER AGREES TO:
Provide recorded easement for all FPL facilities on Customer's property FPL will not start construction until these
easements are cleared by the customer of all conflicts preventing construction Should paving, grass, landscaping or
sprinkler systems be installed prior to construction of the underground distribution facilities, the customer will bear the cost
of restoring same to their original condition
Provide location and depth information for all underground facilities and fill or cut to within 6 inches of final grade within
the easement (See attached referenced prints.)
Notify FPL representative two weeks in advance of paving schedule so that FPL can insta~1 ducts if required.
Make arrangements for location of FPL pads as shown on location sketch Provide and install secondary service to
pad mount transformer Use a maximum of 8 cables per leg (See pad detail for entrance space availability for customer
service cable) Terminate conduits 3 inches above final grade and provide 7 feet of cable per leg beyond the conduit ends
for connection to transformer terminals
Compact and level 3 inches below final grade an area sufficient for the concrete pad Provide clear space of 8 feet at the
front and 4 feet at sides and rear of the transformer pad to allow for a safe working area
Keep area above transformer pad clear to allow setting transformer w[th a crane If current transformers are required,
provide and install 1 1/4 inch rigid conduit from CT's to meter location Maximum horizontal distance from pad to meter is
feet
Provide a clear space 36 inches in front of meters If built up meter centers are to be used, provide FPL representative
with shop drawings of centers and layout sketch of meter room for FPL approval prior to purchase
FPL AGREES TO:
Provide and install pad and padmount transformer
Provide and install primary ducts and/or cable from FPL facilities to the pad mounted transformer
Provide and install ground rods at the transformer
Connect customer's service cables to FPL facilities in transformer compartment
Provide meter wiring when current transformers are required
Provide 277/480 volt Three Phase service
1 of 2
Agenda Item No. 16C2
November 14. 2006
PR,ge 6 of 1 ?
WK # 23(17)5
REPRESENTING CUSTOMER:
I hereby certify that I am authorized to accept these specifications on behalf of the customer and that I have delivered a
copy of these specifications to the customer and all affected contractors
NAME:
DATE:
(signature)
NAME:
(print or type)
TITLE:
TELEPHONE #:
REPRESENTING FPL:
I hereby certify that I am authorized to accept these specifications on behalf of Florida Power and Light Company
NAME: ~. ,-O,1~) Fo'{)" /!..f!""JD'i [.11h>f
//
DATE: J 0/11./00
2 of 2
NOTIFICATION OF FPL FACILITIES
Aaenda Item No. 16C2
~ November 14, 2006
Page 7 of 12
I=PL
Customer/Agency:Colller County
Developer/Contractor Name:CoIlier County
Location of Project: S/O Jenkins Way
FPL Representative: Randv CamD
Developer/Contractor Representative: _
Date of Meeting/Contact: 8/23/06
Project Number/Name: SCRVVTP Reliability Wells IRa 398 . RO 428l
City: Naoles
Phone: (239)353-6047
FPL Work Request #: 2361755
FPL calls your attention to the fact that there may be energized, high voltage electric lines both overhead and underground constructed located in
the area of this project It is imperative that you visually survey the area and that you also take the necessary steps to identify all underground
facilities prior to commencing construction and determine whether the construction of any proposed structures will bring any person tool
machinery equipment or object doser to FPLs power lines than the OSHA-prescribed limits If it will you must either re-design your project to
allow it to be built safely given the pre-exlsling power line location or make arrangements with FPL to either deenergize and ground our facilities.
or relocate them at your expense. You must do this before allowing any construction near the power lines It is impossible for FPL to know
or predict whether or not the contractors or subcontractors, and their employees, will operate or use cranes, digging apparatus or other mobile
equipment or handle materials or tools In dangerous proximity to such power lines during the course of construction and. if so, when and where
Therefore, if it becomes necessary for any contractor or subcor:tractor, or their employees to operate or handle cranes digging apparatus
dragJines. mobile equipment, or any other equipment, tools or materials in such a manner that they might come closor to underground or overhead
power lines than is permitted by local state or federal regulations you and any such contractor or subcontractor must notify FPL in writing of such
planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe
manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented
FPl. has certain minimum clearances that it must maintain If you build your structure so that those clearances can not be maintained you will be
required to ciJmpensate FPL for the relocation of our facilities to c-omply with those clearances As such, you should contact FPL prior to
commencing construction near pre-existing underground or overhead power lines to make sure that your proposed structure does not impinge
upon FPL's clearances
It is the responsibility of you and the responsibility of your contractors and subcontractors on this project to diligently fulfill the
following obligations:
Mako absolutoly certain that all persons responsible for operating or handling cranes, digging apparatus draglines, mobile equipment or
any equipment, tool, or material capable of contacting a power line, have a copy of and are familiar with all applicable state and federal
regulations, inciuding but not limited to U S Department of Labor OSHA Regulations before commencing their work;
2. Make sure that all cranes, digging apparatus draglines mobile equipment and all other equipment or materials capable of contacting a
power line have attached to them any warning signs required by U 8 Department of Labor OSHA Regulations:
3 Post and maintain proper warning signs and advise all employees, new and old alike, of their obligation to keep themselves, their tools,
materials and equipment a minimum of 10 feet away from any overhead power lines and of the location of the lines, the hazards
involved and the protective measures to be taken
4 All excavators are required to contact the Statewide Utility Facility Locating phone number 1-800-432-4770 two to five days in advance
of commencement of excavation to ensure facilities are located accurately
5 Conduct all locations and excavations in accordance with the Florida State Statute 556 of the Underground Facilities Damage
Presentation & Safety Act and all local city and county ordinances that may apply
6 When an excavation is to take place within a tolerance zone an excavator shall use increased caution to protect underground facilities
The protection requires hand digging pot holing soft digging vacuum methods or similar procedures to identify underground facilities
A copy of this notification should be provided :JY you to each contractor and subcontractor on this project to be shared with their supervision and
employees prior to commencing work on this project
Email
Means by which this notification was provided to customer and/or contractor
Agenda Item No. 16C2
~~ovember 14, 2006
~'W1I ~.Pr}lH5
FPL
Date
Florida Power & Light Company
4105 15th Ave SW
Naples, FL 34116
Re: Instal[ation of Underground Electric Distribution Facilities
Project: Wells 39/40 & 41/42
Florida Power & Light Company Work Request # 2361755
Dear Randy Camp:
This is to notify you that the site at the aforementioned project is ready for the installation of your underground electric
distribution facilities:
The underground cable route has been cleared of trees, stumps and other obstructions
2. The cable route has been filled or cut to within 6" of final grade
3. Grade stakes have been set along the cable route marked to indicate final grade
4 Lot lines and corners have been staked as you requested for reference to locate the cable route
5 Any grade or reference stakes found missing will be replaced by our surveyors at your request
6 All flooded areas have been drained.
7 All underground facilities have been staked within 2 feet of their location along the cable route Stakes are
marked with depth, size and type of facility.
8 The above conditions will be maintained throughout construction of FPL facilities.
Signed for Owner/Developer
Agenda Item r\Jo. 16C2
November 14. 2006
Page 9 of 12
EXHIBIT "A"
TRANSFORMER SYMBOL
.
I=PL
LOCATION SKETCH
(NTS)
g
N
FRONT
1
1
______L____
I
x
I t
I PUMP STATION I
)(
I f
) I
)(- -)(- -~- - ~ -~- -x- --J:
1
---
---
---------_.!.-_-
. :~~~_~~~~~ITHCTMETERCAN-~~~~~~~~
- - -,- - - - - - -
GP I FPL TRENC~ ROUTE- - - - - - f - - - -
I _ _ L _ _ _ 10' FPL E~SEMENT
--- -~
---------------~-
FRONT OF TRANSFORMER - -
~-,-
I"
I · 38" -I 1---19"----+1
i
PRIMARY SECONDARY
13" I..-,
1 5"
CJ O~AX
.1 0
13" .1 14" 1 19" 9"
(FRONT OF PAD)
80"
~j
METERING EQUIPMENT &
LOCATION
CUSTOMER TO SUPPLY ACT
METER CAN
TRANSFORMER PAD DETAIL
!
i
j
(' ,--; \
i I I
\.1 I) -I
--- I
I
60"
5 MIN
6'MAX
I
1-%" RIGID
CONDUIT TO
METER CAN
".",m eM" t
N<.ON
(JO"-
,,-,0 4-
'10
-0
<t..-
Z"-
"-<V
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Agenda Item No. 16C3
November 14, 2006
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve electrical utility rate agreement for the North County
Water Reclamation Facility (NCWRF) electric account number 03677-75210 as
applied for with Florida Power and Light Company
OBJECTIVE: That the Board of Collier County Commissioners, Ex-officio, the
Governing Board of the Collier County Water-Sewer District approve a renewal
agreement with Florida Power and Light Company (FP&L) for curtailable services to
the NCWRF supplying power to the reclaimed water pump station.
CONSIDERATIONS: Presently the NCWRF has four (4) existing FP&L accounts
serving the 24.1 MOD Water Reclamation Facility. All four accounts are presently on
the Curtailable Services - Time of Use (CST -1) schedule. One of the four accounts
provides service to the Reclaimed Water Pump Station FP&L account number 03677-
75210 - and is up for a three year renewal. This agreement allows Collier County to
continue to benefit from a reduced rate schedule CST -1 as compared to the General
Service Large Demand (GSLD-l). The CST -1 rate schedule provides a $19,400/year
savings over the GSLD-l rate. Without this agreement Collier County would default
back to the GSLD-l rate schedule. To qualify for this rate schedule customers must
agree to have standby backup generation.
-
FISCAL IMPACT: The rates provided by FP&L to Collier County Water-Sewer
District are the lowest rates available for large metered customers. Without this
agreement Collier County Water-Sewer District will pay approximately an additional
$19,400/year for Fiscal Year 2007. The change in rates for the CST-l Reclamation
Water Pump Station was reduced by 1.4% from the prior schedule and will result in a
savings of approximately $4,300 for Fiscal Year 2007. Funds are available from FY07
NCWRF Budget in County Water/Sewer Fund 408.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan related to this action.
RECOMMENDATION: That the Board of County Commissioners, Ex-officio, the
Governing Board of the Collier County Water-Sewer District approve the Electrical
Utility Rate Agreement for the NCWRF as proposed by FP&L.
PREPARED BY: Ronald 1. Molly Operations Manager, Wastewater Department
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 15C3
2006
ofc)
COLLIER COlJNTV
BOARD OF COUNTY COMMISSIONERS
16C3
RecomlT.endatlon to appmve electrical utility rate agreement tor tile North C::lun!y Water
Reciamaton Facll1ty (NC\llfRF J electnc account number 03G77 -752~IO as appliej lor \VrIrl
Florida Power and Light ConlPzny
11/ri4!2C'06 9 00,00 AM
Operations Analyst
Date
Prepared By
Renee Finsterwalder
Public Utilities
Wastewater
10(25/20069:54:32 AM
WasteWater Director
Date
Approved By
G. George Yilmaz
Public Utjlities
Was.teWater
10/2512006 11 :49 AM
Ron Molly
Operations Manager
Dnte
Approved By
Public Utilities
WasteW.lter
10125/200612:34 PM
Thomas Wides
Operations Director
Date
Approved By
Public: Utilities
Public Utilities OperJtions
10/30120068:07 AM
Approved By
James \IV. Delany
Public Utilities
Publlc Ulilities ftdministrator
Date
Public Utilities Administration
10/31/.2006 3:3F. PM
AdmtTHstr.;:tive ASsIstZlnt
Date
A pp roved Ily
OMS Coordirwtor
County Manager's Office
Office of Management & BUd9Gt
11f1/200G 8:34 AM
M<Hl'o9cmentiGudget Analyst
Date
A pp roved By
Handy Greenwald
County Manager's Office
OffIce of Management & Budget
1111120062:12 PM
f,ricl1<w[ Smykows!"J
Manaqerncnl & Budget Director
Date
Approved By
Coun~y Manager's Office
Office of Management & Budget
1115/2006 B:40 AM
Approved By
James \/, Mudd
Board of County
Commissioners
County Manager
D~tc
County Manager's Office
11i6f2006 3:4.5 PM
FLORlDA POWER & LIGHT COMPANY
Agenda Item f\lo. 16C3
r'llov8mber 14. 2006
. Page 3 of 9
FIfth Revised Sheet No. 9.600
Cancels Fourth Revised Sheet No. 9.600
FPL t\CCOUNT No. _Q9 (P7;71:i2/0
FPL PREi\llSE No _ 4 {)2 {y 7ft:;
A(;REDIENT FOR CURTAIL\BLF: SERVICE
This AgTeel1l'~n(, made this I b~~ .._ day Llf ....,It:iJ}J _._.. _'_~~'__'~ "'~~' _f OGrq_ , by and between
--;C.1l1l~_:;L-'l1)fhI I:I.IcJiL.;__~[~L_ U I~. tu LE. J'"jJ t(l-t'tztt' (' .. (heremafter called the Ccsto;;;cr) located ot
11.2.5.00-. uOodlLt1.L..f.o.a d. __ _..___ __ 11' -__----..tJ.ftplc.s __.___..--__' Florida Jnd FJonda Power & LJgbt Company.
a corporauon, orgamzed and eXlstmg under the laws l't [he Stalc of Florid" (hCmrullcr coiled the Company).
WITi\"ESSFTH
That for and in consideratlOn of the mutual COVtCnants and agreemenl~ set forth herein. the pames hereto a2,'Tee as follows:
Ii .,....-
The Company shall provlde electric service pursuant 10 Rate Schedule ~S'J '_L marked Exhibit "A", WhlCh is made a part of this
Agreement and attacheLl heretlo. ;1' the Cus[orner'; [lemand is insufficient 10 quallfy for said rate it is hereby agreed thaI the
Customer shall pay monthly the Cuslomer Ch:uge, Demand Chargc for the m1l1irnUlll demand or the currently effectIve demand,
whichever IS larger, and the Energy Charge hUI never less thon the nflnimum charge provided for on Exhrbit "A"
2 That the Customer agrees to curtail Demand by 2(1() kW or more Ilpon request of the Company
3 That the Customer agrees to curlail 10 C1 maximmn demand of _"_'__ () _ kW dunng thc curtailment periods specified by the
Company
4. That the monthly curtailment crcun shall he based on the lhfference hetwen t'Je Customer's monthly b:lling demand and lhe
maximum demand speCified in para graph:; TI1'.' Cu.;tomcr has the Clption to revise :he cor;trocted maximum demand once during the
Inltral twelve (12) month penod Thercaftc, subject In t:le Term of Serv:cc and/or !he Prnvisions for Early Tenmnatit11cs of Ihe Ratc
Schedule marked Exhibll "A", a change to !r,e 1I1:lXlmUm dCI11.1nLl spccifleJ Jl) rardgr~ph 3 may be made proVIded that the revision
does not decrease the IOtal amount of \on.frrm Dell];llld dctcrrn:ned pmsuant to the Pate Schedule marked Exhl"'ll "A" L1uring the
lesser of: (i) the average of the prevIous 12 month',: or (il) !he :H-crat;C of the number of bill1ng months under tlie Rail' Schedule
marked ExhibIt "A"
Thalm the event the Customer fa:!!: ot any 11me for my rt:;son to CUrl:lJ! to the demand specifIed JT) paragraph 3, the Company shall
recover froDl the Customer all txccss curLulJn;:::lt credl:0 I's:)ucd in the prcce...llng 36 1[l(Jnths~ or SlrlCe the lasl curt:n]mcnl Wlllchcvcr
:.0 less, and shall :1Iso recover a pen"]ty charite :n :1CCllld:1IICC "vllb the Rail' Schedule marked Exhibll "A"
6. That JII terms and conditlOns of the R:lle Schedule ll1,llkd Exhibit "A", \\ hich rs allaL'hed [0 and rnade a pan of this Agreement, or
:ts ,uccessive rate schedule which 1l13\ be approved from time to tlllle by rhe Fl<"i<lo Public Service Corr.mission. shall apply to the'
Custofner. In the event any of thC;l; leans and l'onJnions a:--c rlul m.:l, the CUStOIll<:l \vill be placed on In apprOpfl3te non-curl3.11ahle
SC-fVJce rate for;j penoel no less th3rl th~ tcrrn o(scrvlcc of that rate
'7 That fa:lure or delay by either party in exe:clSln? anv ['JghlS or rCllIcd:cs provided h,;rc1!i c,r by bw, shJIl not be deemed to constitute
waiver of any of the proviSions hereof
8 That this j\greenlent supersedes all prc\'iOll'l' agrccIT,cnts or rcrrcsC'otatIOTIS, either \l"lritten, verbal, or otherwise between th~
Custolner 3nd the Company, \vi:h respect tlf [he m~tt:.::.:; COf!;aHi('(: h:-rcin Jnd cU~l:;l:tLltCS the c~l:ire /\grcement b:.:t,,\'cen the parties.
iN \VITNESS \VHEREOF, tbe partie:, hsrch} CJu:;cJ li:!., ."-,;rccmcnl to be executed in lr:plicale hy their duly authorized rcpresentatl\cs to be
effective as of Ihe day and year first Wnlll'n above
Charges and TCffi1S Accepted'
Collier County. Florida._.
CClstomer iPnnt or type name of Organization)
FLORIDA POWER & LIGHT COMPANY
By__ ._..__._.
Signahire (Authotized Representaltve)
,." :~r:;'lll 1":' i
..E.!"ank Halas
(Print or type name)
ATTIST
DWlBB'f B.1JIIOIt 4l.,-r
. !Jll ~;t . ','r'C' n~Hl">.-' I
Tille
Chairman
Title'
BY:
;:--1>.1";
Issued hy: S. E. Romig, Director, Rates and Tariffs
Effective: July 18, 2006
- ) l! ."",~--...
l /" ~/ n ~.iAL--/"
1//N\. -1_""'cc.-~,---_..
tJiC:_
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EXHIBjf A
Agenda Item No. 16C3
Sixteenth RRW.i),'~t1Ni{l2:D~ifio
Cll1cds Fifteenth Hcvised SIPc@fll!ilo1 S?Hb
FLORIDA POWER & LIGHT COl\fPANY
cur~Jj:';JLL\nLf,-.s.t:R'{Lg:...:1JME OfLJ::;E
(()PTIONAL)
RATE SCHEDULE: CST-l
f\ VAILABLE:
In all teITltory served
APPLlCATI01'{:
For any commercial or industnal Custumcr who qualdies for Rate Schedule ClSI..D- J (500 kw i ,999 kw) and will curtail this Demand
by 200 kv.' or more upon request of the Company fro~ time to time. T11is is an optk,nal Rate Schedule aVClilablc to Cunailable General
Service Customers upon request. Cu~;tomers wIth de.llJl1ds of at least 200 k\v but ]c,;s than SOD kw may enter an agreement for service
under this Rate Schedule based on a Dc;n:mJ Charge l'or;l minimum of son kw
SE_RVICE:
Smgle or three phase, 60 hertz and d any ,.vail,lble stCl1l(.,anJ voltage An service rcqllir~d on prcmi:;cs by C\isl\Irner shall be furnished
through one meter. Resale of service 1:1 not pcrnllttcd r,clcunder
MONTHLY RATl.-~
Customer Charge'
'b 1Oe. 74
iJem:md Charges
Base Demand Charge
CapaCIty Payment Charge
$5.7? per "'v (\fDcma;xl \)CCllrlif)", dUring tbe On.Fc:!: Pen(.d
See ~h,Tt ~o 8.0.'0
..-
'"on-Fuel Enerf'y Charge.;
B~i~e EnCr2Y Ch:1r~c
C()n:~er\'allon Charge
Fnvtl onfllcntal ( n;-lf?t.:
Qr).J:' ~;lf; l'c;lio.1
:~.1141,.'- r~c! k-'.,"
See S :l~.L'( ; '.~
QIfP;'ak Peno.Q
.641 rt per k\vh
See
'.:,;1
AdditIOnal Charges:
Fuel Charge
Franchise Fee
Tax Clause
See Shcet No. 0030
See Sheet No F 03]
See Shed No :-: 031
Mmimum: Tlle Cu,;lomer Charge plus the charge for \hc currently effective Ba:e DClIlm.d For thosc Customers wrth a Demand Df less
than SOD kw who have entered all agrecJ1lc'nt for ,erVlce under tlm schedule, the rmnimuTl1 chargc :;hall be the Customer ChJr~e plus 500
kw tlmes the Base Demand Chmge: ther~IO'(' the :T::nimulll Ch:llf'C IS 'B2.')(;U74.
R!~JJtiG PERIs;,)D~
On-Peak:
b!I~~~111beI_L^IhrQl!BJ:Lt!.,1mJ;l\JJ: r\'lonl.l~lY: Fril.;.;~';\ \\ lr;r!~~~ :L': ilC'lliS fr"rn;1 ~t rn hI lil~: In :md (, p.!1) to 10 pnl
Thanksf!i\'mg Day_ C-hnslmas [lilY, and ~:n\ 'In!"; );\\
.,
Ann I 1 through October 3]. to.'lo:;.Jajs tl:rougl~ ;o.rilbys
Independence Day, and Labor Day
tl'.e hOI:rs from I:? l'OGn '0 f) pm excluding Memorial Dav,
Off-Peak:
All other hours.
I Cont:nucJ DII S:,ec: i'b. ': 1,41)
.-...
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: January 1,2006
EYHI131 r A
Agenda Item No. 16C3
Seventh Rttif~e~~~t Ttor.:;~
Cancels Sixth Revised SheBl~o:-8'j'41
FLORIDA PO\VER & LIGHT COMPANY
(Continued FruIn Sheet l~o S 3.:\('1)
i~~~.()VIS rC)J'~s F()f\.J;:~EJ<i-ii_l.h'iF l)l fJ.~lN(i.~'~~i"~'; 2jl...~11i~[__t~J.SJ.Wl~
\\Then requested to curtaIl load, c\JstOlTlers ShOllld leduce their !odd to their Firm Demalld for the durallOl1 of the C1I11aIlment Period, except under
the following conditloJ1S'
1 Force MaJeurc events (s'~c DefinitIons) which Cdn be demonstrated to the sallsfactlLln of the Company, Qr
2 maintenance of gcner"tioll ec1Ulpmcnt whi:h is performed at a rre.~rf3n;;eJ lime and dale mut\l211y agrcc3ble to the
Company and the Customer and which is n,:cc~:SJrv for the Customer's irnl'lencntation of load curtailment, or
3 an evenl affecting local, slate [Or r:a:\Onal security
If one or n101C of these cxcinptions 3pply. th~:n the .Jurg:::s It)!" j\nTl~(~orr~p\;ancc uf C\IrJi::ll21it [/t',llland will not :l~p!)' HllW~\'Cr. the CUSIOIT1..:r
will be billed. in Jddi!iol1 to Ihe normal :r.arF:"' plO'. i.:~d l.c: clIlllJcr. the ~r:;j[cr of :11" C\);np 111> 's As-,.\ vaibblc EnlTg\i cost, {If :hc mOot expcnsl \'c
energy (cak'.1fatcd on ~ cerns per kik1\\,;Jtt.!l"[J) ';L!;::~ th;l( foPI. IS rIH~:h:1S!I1g dU~.lT1:~~ tklt ;l':r:n.J. k',:s ~he .Ipplicah!c fuel ch,::r~;~-: '\_~-.'\\;liLthk
Energy cost is :h~ C11Sl ~i~lcuIJt::d f;::;r ~~'!)cd\;k (':,;,-; : 1:- c~:(l!TLIIlC:..: 'IVll:'. F:':--,(' VLk 2~-17U:<.~1, F:\ C. If the Cornpan\: dct'.:rn:incs Ih:.H the
CUSl0J11i..~r has utIlized one Df nlorc of 111(. e... :cpt iO:IS .Jh",,"l' r I; :lIl :':'~\C,;:S.~;l\-:" :l1."t1HlU, !b:.~ C\ 1m;' 3n:: ',v,11 lennill:lll" ,'":~rVIi.:e llnder lhl:_\ !<:It:;> SC!Ii.',dlllc
ClTl{IAlUvfENT CR-EWTS
/\ monthly credit of $: ,56 per k\V ;s allowed h;lscd on th" ct,rreJi{ N(>n-Fmn Dema:ld '!l,e Customer has the option to revise the Firm Demand
once during the lI111ial twelve I J 2) mLllllh pt:rJi Id TheIeJft':r. ;;uh,ect to thc Tcrm or Service ,mJtol the Provisions fur Early TermmalJon, a change
to the Flrnl D~,rnand may' be rnadc provl::!\..~J that the revision dOt~S not Jc:::-rc~sc the totJJ :mlC!tmt cf Non-Fim1 D:Tl1and during the les~;cr of: (i) the
average of the prc\-1ous i 2 nlonths~ (IT (il) th.; ~l\"cr{t~:: (,e the' number of billing nlontns under this rZiHC SC!1cduJe
[] J~\g(if:;c;,EQILt.{Qt{:C( ):,H'i li\!~CF (Ii C I ;t.lciiL0~.'i"}lLl;r\ ILt"lL
If the Customer records 3 hIgher Demand dunng the: c wrent c IJrt~ulnlcnt per!(Id th m th~ cOntr::.cted m:txnnUrTl derm:md, th<::11 t':1c Customer \.vill be:
gebilled at $J ,56(,(W for tile pnor 3:) Jrlc:1ths CI th~ numher of months sine" the nr1()r cUIC3ilmenl pe:1od, wmchever;s kss, :;nd
F-1ilicd a .)~n:llly c113rgc 01 $J J().k \:1;/ f(.r 'he L lIITen! morlll1
TIie. k\V used for botb the rcbil1ing Jnd pcn;:dr-.' ch~:rF;:" "':-Jk Jl.j(ll~'r:s i.-; dct('nTllr:~:d by t2klO[ tilt (Ii (kr-;:nc.e o;:twccn the :TL1XlmlliT: Deniand dlHE;~
the current Curt;}i101t'nt PerIod and lh,: Fi:-m Dcnl~md fo~ J t 'L::1:li:;rC'nt P~~riod "
C;\JBIAI1hi'i:'.liIJ:.fRIQ12
All hours established by the Company dUfl\lg a flj')nLh!v hlilltll' pcriod IJI wil!ch [he (l'qom~r J" requestcd to eul1ml Dcmand,
DEIVl'\.tHL
Demand IS the kW to the ncarest whole kW, as ddermined floln :11e Cumpany's time or use metcnng cqUlpmenl for lhe ?{I-m:nu!e penaL! of
Cust0111er'S greatest use for the design:Jlcd ,~:n-pcak p'..:rlOds dllnn~ 111e Illonth :is al:juslcd fer power 1')C10T.
QEFlSiJIlONS
Force Majeure
For the purposes oftlus sehe,Liuie force Ma:c:ll'C :nc:ans cau::cs not wltillr; the rca:;01~aJ,1e ('onto] aflhe Customer affected ami not caused !'y the
ncghgcnce or lack of due dll1gencc of the Custorlci-, Such events or circwnst3.ncc$ ln~y include a~ts of God, strikes, lockouts or other iaboT
d;sputes or difficulties, W;HS. blockades, 11Isuncctll,HIS. ri'.lls. cl1\,;r()nm~lllal c'onstr;lIflts Jaw:llll', impused by federal, state, or local r,o\'ernlllemal
bmhes, eKplo:;ions, fires, Hoods, lightnmg. Wille!. accLiems ,c eqtt1pmcnt ('f rruc)lll1ery, or slOl\iar OCCllrrenCeS, ~
Non-Em1 Demand
lnc current Dcn1zmd less the anlOunt ofhTlT~ Den~:;md 5r~Cliied helo'.v
F:nn Demand
The contracted JTi3Ximum cienland level to \Vr,lC!l I)-It.' Cu:~t(Jmer a~':r:e-; to C'.lrt~lll :15 ~recitlcd In the CUS10ITler'S i\grec-nlent for CUr1adLlble Ser\1cc
This is the tnaxirnum <li1l0Jnt of the Customer's [j.:n1,lT1d tl~,lt \Q!!lC s.:rvcd during a CUluilment Pene,d.
Cunllnu.,x] (in She'.:'! ~;() (; J,Ln
Issued h~': S. E. Romig, Director, Rates and Tariffs
EITct't;ve; July 18, 2006
l?IH113/r A
Agenda Item No. 16C3
r..Jovember 14, 2006
Page 6 of 9
Original Sheet No. 8.342
FLORIDA POWER & LIGHT COMPANY
(Contmued from Sheet No. 8.341)
TERM OF SERVICE:
During the ftnl year of ser'lict' ~l:)dcr tins Race .~ch,~duk, 1.lie CUslOnll'I will c!etcnnllle whether or nol thIs I'l'llgr:ml IS
appropnate for the Customer and may request to nl1 the progrzull s!lb.Jt:t:! to the Provisions for Early lnminalJ('1l, It is
llltendcd tbal the; Company will conTInue 10 provide Jud Ihe CUSlOlTICr '\'ill continue to take serVIce under this R3tC
Schedule for the life of the g~lt('r:ltm'~ unll WlllCh ha~; beC'n avoided by the rate. There is, h,'\\\'('vcr :1 !hrcc-\'car
lemlination notice provision which \\'11I allO\\i cltillf the (u;lOrner or the ('orn;oaI1Y to knninate sen'I,:,: lindeI' Ihis Rate
Schedule should there be C);'C1ll11ilalllT, '.rndcr 'v"lid !h:~ tem1tn:jtlnn Dillie Customer's participation ur the Compimy's
offering of the Rale Scheduk is dC'iil e.l
Service under this Rate Schcdulcihall Glilllinllc until terminated by either the Company or the Customer upon written
notice given at least three I)) ye;'lrs pri;)r 1<.1 KlI1'.lnalJ"n. Should a Customer terminate service or be removed by the
Company and later deSIre to resmnc :;nvice under thIS R.lte Schedule, the Customer must provide three (3) years WrItten
notice prior to resuming servIce JIldcr :hrs R;Itl: Sclkd,dc
The Conlpany may tcrminatt' Sel\ iv'c under thiS Kat'.' S;'hcdule at ;\!!y lime :01 the C\I',toIllCI"S fmlme to comply with the
[CmlS and condrnons of this lbte ,';;~hl'jldc or tht '\gl\ICnll'nt lur CUlla1lahl: >c'T\'lce l'1 illr to allY such temunatlon, tll<:
Company shallnOlII)i the Cll,;tolflcr :1l lea.t mn~t\' (~hq (bY5 in ;[d\':111C(: an.! d,'Sc'llhc' the: CuslUrncr\ !iitlure [,I u:mplv
The Company may Ihcn tcmlJJ1:11l' sct \mdt'l lhiS R:'l1C ~<ch,'dul,: at '.!JC' end of lhe 90.da\' nOllce l'"rtud un!;:~,<; the
C~ustotn::-r takes lllC3surcs ncct:SS;try h! L,lilnlnat:: !o the C:Llupan;/s s:1l1sf~1'':ijHL t\y; ('otnphanct" d:,:"ficienc!t'~ descnbe{f by
the Company, Nn[withstandlllg [he Jmcgl.tl1v, t.)1 an:'; ,11110' durmg [he l)(j.,!:l,,' perloel. the ('us1Umc'\ C',tile! rclm,:<; 01
farls 10 illlti:J~c :'ll1d pur~;lIt CUl'r(ciJ\'v ;1l1l'1\, tltt' '-:"I1l!"I'1\, .;hail be cnlit1ld to "uspl:nd fon1r\\'llh dll' IJilllilbly ..dim!:'.
under Ihls Rate Schedule and htllthll !'lj'iIOI1l'~r und:"J ihe clile:'\Vl;" :.!pplt:.':dn' linn S,-'l\'ICC LW: sch"du!t:
E.EOVI~IONS EPR 1'f..RL'LTER1\llNATJ (I N.
Transfers, with less than threc (~) years \\Tltten nc.tlcc, to any firm retai I nile schedule for which the Customer would
qualify, may bc perrnitted if 11 call be shown that such tnnsf'.:r IS m thc hest lIltt'rests of the Customer, the Company and
lhe Company's other customers.
If the Customer no longer wishes to receive eleclTlc ser\'ice JJ1 any fom1 from the Company, or decides to eogenerate to
serve all of the previously curtailed Demand and 10 take inten~uptihle standhy service from the Company, the Custo1;ler
may terminate the Agreement for Curta:!ab1e Scrnce by gIving at least thirty (30) days advance \\Tltten nclt1ce to lhe
Company,
If service under this Rate Schedule is termin:.lted for any reason, the Customer will not be rehilled as specified in
Charges for Early Termination if:
a. Jt has been demonstrated to the satisfactIOn of lhe Company that the impi.1ct of such tmnsfer of serVIce on the
economIC cost. effectiveness of the Company's Curtailablc Service Rate Schedule IS in the best interests of the
Customer, the Company and the Cumpany's other customers, or
b. the temllTI3tion of service under 11m Fate Schedule is the result of either the Customer's ceasing operations at its
facility (without continuing or cstabl1sh:ng similar operations elsewhere in the Company's service area), or a
decision by the Customer to cogcncrate In serve all or the previously curtallab1e Demand and to take interruptible
standby service from tbe Company: or
C Clny othcr Customer! s) WIth demand curtailment eqlllvaknt to, or greater than, that of the eXIstmg Customer~s)
agree(s) to take service under this sdledu\e and the :Yl\V dcnmnd curtailmcnt COImmtmcnt 10 the Company's
GeneratJon Expansion Plan has been met and the new rcplacemer.t Customer(s) 1S (are) available to perfolTn
demand curtailment
(Continued on Sheet No. 8.'043)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: July 18, 2006
[YHlf?lf A
Aqenda Item r'~o. 16C3
~ November- 14, 2006
Third ij.e\'ised Slfll!!l~0j7 t?:fu1
Cancels Second Revised Sheet No. 8.331
FLORIDA POWER & LIGHT COl\IP ANY
(Cul1l1l1uecl from Shc,ct ~.,o S:'3'))
P ROYl;>1 Ql' S FOR EN EB._~J..YJ),,'iLQ.U.li1 tK:JJ Elj Il.\! t -...; Ll' Ci~l u [),~
When requested to cUl1ail lead. customers should rcdilce thclr JOlid to their Firm Dcmand for the duration of the Curtailment
Period, cxcep~ under the follOWing condrtJ(;ns
, Force Majeure events (s-::e Dcfi:1Jtiol1:i1 w:l1ch can ~'e demonstrated to L1C sat I sfactlOn of the Company, or
2 maintenance of gencration equipmeni which is performed at a prc-arranged \ilne and date mutually :Jgreeable to the Company
and the CuslOlller and wl1ich IS necessary for the Customer's Implementation of load curtailment, or
3. an evcnt affcctmg 10e"l, .;tate 01 national security
If one or more of these excmptlons apply. thcn 'hc Charges for Non-CompJianc\: of Curtailment Demand will not apply However,
the Customer will he bllled,n llddllion to thE nonn;d c113rgcs provided h'~Jelmder. the greater of the Company's As-A\'aibble
Energy cost, or the Illost expensiw energ\' (calcuia:ed un a cenls per kilowatt-hcur basis) that FPL is purchasing during that period,
less the applicable fuel charge. As-Available EnerFY cost is the cost caiculated hI' Schedule COG-] in accordance With FPSC Rule
25-17.0825, F.A.C. If the Cornpanv de'errnltleS that ihe Custorner h~s ut:lizcd one or morc of the exceptions above iii an excessive
m3nner, the Company wlii terr:1ln lie ,erViCC under .:hls R:lte Schedule
rUB BJL~,J!;J'.jTJ}J;gJO[)'
All hours established by the Cornpdny JUring 3 momhiv :nl!:ng pCl ind in wrucI: the Cust,wicr IS requested to curtail Dcrmnd
QF;.[\J.:J:U2
Th~ Dcn::a.nd is the k\V to the neares; \v~nfc k \\. as dC!Crn-lint::d t~rorr, the C():r~";ln:/s :ntcgJ~t]ng !ype rneter for the 30-nllnute period of
CU~jt{)rncr's greatest llse during the ITlonth a~ :..d.;U.Slcd rur PO\\"C7" bctor
!2EEJt:!JJlQt!cs. .
Force tvlajeurefor the purposes of thiS schedUle !'o;ce i\!;J.lcurc ::1Clll1S CJuses not wlthll1 the rea,oT\Jblc control of the Customcr
affected and not cJused by the IlcglJpence or lack of cue diligence of the Customer Such events or Clrcumst:mccs mav IIicludc acts
of God, strikes, lockouts or other l:il1or disputes 01 d:fiIclllties. W;llS. blockadcs lI1S11rreClIons, nots, enVlrOnll1elHa] COnSlr81nts
lawfu!ly Imposed by federal, statl'. or local governmental budics. exploslol1s. fircs. tloods, lightning. wllld, accidenrs to eqlllprncnt or
machmcrv, or slmll:.rr occurrcnces
Non-FIfITlDcmand
The current Demand less the amount 1,f Firm Drl11Jlld ::pe,:ificd belo'"
Finn Demand
The contracted rnaX1lT1Um dem:.rnd levc\ to which th~ CUSlOmer a~rcco to curtail :IS specJlled in the Customer's Agrcemcnr for
Curtar1able Servlce Thls;s the m:.rXII11UIl1 Jrt10unt oflhe Customer's Dem:J71d th3t will bc servcd dunng a Curtl.lIlment Peflod
Clntlflllcl (,n ':;h['('_! i'~o ).: ~:::~)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: .J lily 18, 2006
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/\aenda item [\la. 16C3
~ November 14. 2006
Page 9 of 9
From:
Sent:
To:
Cc:
Subject:
Kathryn_ Donofri o@fpl.com
Tuesday, October 17, 2006 10:29 AM
MollyRon
JohnsonJudy
Re: Rate Comparisons for Acet 03677-75210
Attachments:
CST-1 CC REUSE.xls
~1
~
CST-1 CC
REUSE.xls (17 KB)
F<.cr~ 1
Ee. C~~ i. ~,-ri::d
,/c,ur "Jc,i :~9
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3 C.7 7 - -:.' 5 ~ 1 C. T:--L1
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(:urtBi~_able Rat~ S=hs(it1_e _~
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Based ijri t~e past 12 mOD
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tariff \.,;ith Jon Pra::t 121;.'1: ,^~,,,j:'
To .=cn:i:'1ue part:ic~p3.:.ic:n C:-l ~h _':.lr::-=..il-::it;L;-.: r,,~..-~--:: 2'':~-1~~i:.ll-:., 3.:"J')rigifjal, fullj.' ~~~:e'.~:l~t_ej
agreement is needed by Oc~cb~r .~l,
y cur m~.:3 s ,.39"=' indi ca t :::JJ t ha t ,., CJlll-I--'/ ,:i ~'::~ 1 ,~-,'r dl .-,
r"'Cl'J.i r't'
si~-j days. I will b~ callina
:a~ oe r'eact~ej at 239-43~-12S~.
~/ '::") 1j 1 c. t e r 1: 0 d a j" : 0 d i s c: 1.1.~~ 5 t: 1 i:; !T! : ': t t- P r- .
Thanks,
n tLf2
rTl---:::-lf,t- lr1l;.:::,
f<ate [;,:-)nc:,fricJ
Custorner Account Manar;er
Office: 239-434-1254
Cell: 239-595-9961
( .'" 'c""
t ,:a ::L,,,,d ]' i -, he:
Agenda Item No. 16C4
r'Jovember 14, 2006
Page 1 of 16
EXECUTIVE SUMMARY
Recommendation to approve the submittal of a Florida Innovative Recycling/Waste Reduction
grant application in the amount of $79,732 to the Florida Department of Environmental
Protection to fund the Collier County Seasonal and Year Round Business 'How to Recycle'
Videos.
OBJECTIVE: To receive approval from the Board of County Commissioners to submit a
Florida Innovative RecyclinglWaste Reduction grant application to the Florida Department of
Environmental Protection to fund the Collier County Seasonal and Year Round Business 'How to
Recycle' Videos.
CONSIDERATIONS: The project consists of two parts: a recycling training video for Collier's
businesses and a recycling training video for hospitality industry workers.
A. Year Round Business 'How to Recycle' Training Video
,.....-..
Approximately 65% of Collier County's solid waste that is buried in the landfill is generated by
businesses. Businesses can save money by recycling and Collier County needs to divert
recyclables from our valuable Landfill airspace. We propose to build on Mecklenburg County's
(around Charlotte, North Carolina) award winning video that highlights how four businesses
have complied with the mandatory commercial recycling program and implemented a seven step
waste reduction program. This video program will be customized for Collier County businesses
to educate and promote business recycling.
B. Seasonal Business "How to Recycle" Training video
The intended use of grant funding if awarded is to use State resources to develop two
Commercial 'How to Recycle' videos and to distribute these videos and supporting education
materials with mailings and County employee visits. The Collier County Solid Waste
Department will provide in-kind support services to Collier Businesses, their employees,
suppliers and customers.
The total amount of funding available for the FDEP grant program varies from year to year and
there is no maximum grant award. In 2006, the Legislature allocated $1,599,500 for all eight
awards. If awarded, a grant agreement will be forwarded for consideration in July 2007 and
Collier County will have one year to complete the project. After completion of the grant, the
Solid Waste Department will continue to provide support services to the Collier Commercial
sector and recognize the annual 'WRAP' recycling award winners.
.-
FISCAL IMPACT: There is no maximum grant level. The total project cost is expected to be
$103,829. The Solid Waste Department will be requesting $79,732 in grant funds. Although
there is no local match requirement, an in-kind match of $24,097 will come from Solid Waste
Disposal Fund 470 in the form of Solid Waste Department staff time. Final project costs and
match provision may change, however, they will not exceed stated amounts.
Aqenda Item No. 16C4
, ~~ovember 14. 2006
Page2of16
GROWTH MANAGEMENT IMPACT: The Collier County Seasonal and Year Round
Business 'How to Recycle' Videos project supports the goals and objectives of the April 2006
Evaluation and Appraisal Report (EAR) amendments to the Solid Waste Sub-element of the
Collier County Growth Management Plan: "1. Develop the means to partially or completely
divert solid waste from the landfill (additional recycling or alternative forms of disposal);" This
program complies with Collier's Growth Management Plan by saving landfill air space, by
diverting recyclables and promoting a culture of recycling in businesses, employees, suppliers
and customers. Specifically, this grant supports Objectives Policy 2 (Disposal) Policy 2.3
(Pursue State and Federal Grants) and Policy 3.1c (Maintaining and enhancing the county-wide
commerical business recycling programs).
RECOMMENDATION: That the Board of County Commissioners authorize the Chairman of
the Board to approve the submittal of the Innovative Recycling/Waste Reduction grant
application to the Florida Department of Environmental Protection.
PREPARED BY: David Jaye, Project Manager, Collier County Solid Waste Department
.-'
2
Item Number:
Item Summary:
Meeting Date:
Aqenda Item No. 16C4
. November 14, 200G
P 39" 3 of 1 G
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C.::l
H~;commendatlon \0 approve the submlltai of a ~'Ionda Innovative RecycllngNV2ste
ReductIon grant application In tne amount of $79,732 t::l Hle Florida Oepanment of
Environmental Prmectlon to fund the Collier County Seasonal and Year Round BUSiness
How to Recvcle Videos
11/1"/200690000.4M
Waste Reduction & Recycling Manager
Date
Prepared By
Judith Nothdulft
Public Utilities
Solid Waste
11/1/20063:45:34 PM
Mar'tene J. Foord
Grants Coordinator
Date
Approved By
Administrative Services
Administrative S~rvices Admin.
11/2/2006 9:18 AM
Approved By
Date
Daniel R. Rodriguez. M.B.A. Solid Waste Director
1112/20069:43 AM
Approved By
Public Utilities Solid Waste
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities OperatIOns
1112120061148 AM
James W. Delany
Publ1c UtilitIes l~dtl1lnistr.1tor
Date
Approved By
Public Utilities
Public Utiliti!~s Adrnmistra!i{ln
11/2/200611:51 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
OffIce of M,flna9()rnen~ ;)" Budget
11t2J2006 1 :20 PM
Rawly Greenwald
fii,1naneme.nt/Budgm 1\113lyst
D;~te
Approved By
County Manager's Officf"
Office of ~"ranagenlent & 8udqet
.11/2/2006 2: 54 PM
Approved By
f\,"an.:\qcment S" Budget Director-
Date
Michne! SmVk:ov-:ski
County Manager's Office
Ufflct' of Management.& Budget
1113/2006 9: 13 AM
J~~mcs V. Mudd
County r~;anager
Date
Approved By
8oJ,rd of Count.y
CommIssioners
County rVlan<lger's Office
1113f2005 1'1 :26 AM
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Agenda Item No. 16C4
~'Ilovember 14, 2006
Page 5 of 16
Draft Copy
Florida Department of Environmental Protection
FY 2007-08 INNOVATIVE GRANT APPLICATION FORM
Proiect Information (on applicant letterhead)
1) Applicant Name: Collier County Solid Waste Management
2) Primary contact person: Dave Jaye, Senior Project Manager
3) Complete Address: 3301 Tamiami Trail East, Building H, Naples, Florida 34112
4) Telephone Number(s) (including SunCom number): 239-732-2508
5) E-mail address:davidiave@collierQov.net
6) Project Title: Seasonal and Year Round Commercial 'How to Recycle' Videos.
7) Grant Request Amount: $79,732.
8) Length of project (months): one year production and distribution, then ongoing.
Authorizing Signature
Title
11/2/2006
Aoenda item No. 16C4
, November 14. 2006
Page 6 of 16
PROJECT ABSTRACT
(No more than 20 lines. Every word over 20 lines will constitute a one point deduction.)
(do not delete the instructions on this page)
The project consists of two parts: a recycling training video for Collier's businesses and a recycling training
video for hospitality industry workers.
A. Year Round Business 'How to Recycle' Training Video
Approximately 65% of Collier County's Solid Waste that is buried in the landfill is generated by businesses.
However, the business recycling compliance rate to Collier County's mandatory commercial recycling
ordinance can be improved. Businesses can save money by recycling and Collier needs to divert recyclables
from our valuable Landfill airspace. We propose to build on Mecklenburg County's (around Charlotte, North
Carolina) award winning video that highlights how four businesses have complied with the mandatory
commercial recycling program and implemented a seven step waste reduction program.
B. Seasonal Business "How to Recycle" Training video
Florida's Seasonal industry employs many workers who come from counties and or regions that do not have a
culture of recycling. Hospitality workers have a variety of formal education levels, communication skills and
Seasonal Industry experience which sometimes can be a barrier to learning how to comply with Collier
County's mandatory commercial recycling ordinances. Some may not have had a chance to learn which paper,
plastic, glass and metal materials are recyclable. Some may not have had a chance to learn about the proper
disposal of Fats, Oils, Grease (FOG) and organic waste. There also is a large turn over in employees, managers
and even owners employers in Seasonal Businesses of Restaurants, Landscaping, Bars, Hotels, ConstructiOL
Industry and Cleaning and Delivery Services.
Page 2
Agenda Item No. 16C4
November 14, 2006
Page 7 of 16
PROJECT DESCRIPTION
(1 page)
Seasonal and Year Round Business "How to Recycle' Videos for Florida Innovation Grant
Hospitality & Seasonal Industry Recycling Training video targeting low level English and low recycling
skills workers
Florida's Hospitality industry employs many workers who come from counties and or regions that do not have a
culture of recycling. Many Hospitality workers have low levels of English which can be a barrier to learning
how to comply with Collier County's Mandatory commercial recycling laws. Some workers have low levels of
literacy in their own language. Employee turnover in Hotels, restaurants, bars, Golf courses- Landscaping and
country clubs is very high due in part to seasonal nature of our tourism when many people lose their jobs during
the summer and fall low season. Although construction is not officially categorized as a Hospitality Industry,
perhaps we should include construction in this video due to high turnover, low English levels and large impact
of construction and demolition our environment. We may have to do a separate video for construction-
landscaping in the future due also to safety concerns. About 96% of all restaurants are single-establishment
companies that accounted for around 62 percent of total table service restaurant sales. Most restaurants lack
formal employee training videos. Most restaurants close within three years. A recycling training video for low
level English Hospitality Industry workers will be a great help for Florida's hospitality companies, their
employees, their customers and our environment. Collier County Staff will produce short English as a Second
language recycling training workshop in English, Spanish, Creole and perhaps other language translations. Then
we will video tape Collier County new immigrant employees modeling proper recycling procedures on the job.
Pictures and on the job examples will help to quickly teach employees how to recycle at work. The final
segment will feature new immigrants recycling in apartments, ethic neighborhoods and our schools. The
penalties for dumping auto oil, paint and littering in our community will be highlighted. Collier County will
write the script with editing by a private firn1 will produce the video. We will make the recycling workshop
training video available free of charge to Collier Employers, churches, schools and job employment agencies. I
propose a short multi stream recycling segment that shows Lee county's three bin recycling: newspaper,
commingled paper and commingled bottles. Many Collier workers live in Lee and this will help win state wide
support for funding our video.
Minorities now make up 50.3% of all Florida students
http://www.amren.comlnews/news04/03 125m whit eminority. html
Haitians are Florida's third largest minority group:
hUp:1 Iwww.floridatrend.com/issue/default. asp ?a=50 12&s= 1 &d=8/1 12003
German's are the 10th largest foreign born language however most Germans are highly educated and speak very
high levels of English and have an advanced recycling culture.
Year Round Commercial 'How To Recycle' Training video
Page 3
Agenda Item 1\10. 16C4
November 14, 2006
Page 8 of 16
Approximately 65% of Collier County's Solid Waste is generated by businesses. However the business
recycling compliance rate to Collier's mandatory recycling ordinance is very low. Business can save money by
recycling and Collier needs to divert recyclables from our valuable Landfill airspace. We propose to build on
Mecklenburg County's (around Charlotte, North Carolina) award winning video that highlights how four
businesses have complied with the mandatory Commercial recycling program. The first part of the
Mecklenburg video shows how recycling is part of employees' every day routine and habits for a bank, snack
factory, utility company and a two person office that although exempt, chooses to participate. The second half
of the video explains how the company's overcame inertia and busy schedules to implement recycling
programs. We propose to follow the Mecklenburg model plus add a short company visit by our enforcement
staff explaining Collier's mandatory recycling ordinance and how businesses can save money with a waste
audit. Then we will video tape Collier county employees that are modeling best recycling practices including
Construction, Medical clinics, assisted living, retail stores and large communities. The [mal segment will
feature recycling in apartments, condos, traditional neighborhoods, ethic neighborhoods and our schools. The
penalties for dumping auto oil, paint and littering in our community will be highlighted. A Spanish and Creole
version of the training will be available as many Spanish speakers are in construction and Assisted Living and
many Creoles in Assisted Living. Collier County will write the script with editing by a private fIrm will produce
the video. A recycling training video for commercial workers will be a great help for Florida's key companies,
their employees, their customers and our environment. I propose a short multi stream recycling segment that
shows Lee county's three bin recycling: newspaper, commingled paper and commingled bottles. Many Collier
workers live in Lee and this will help win state wide support for funding our video. The Collier County Staff
produced short English as a Second language recycling training workshop in English, Spanish, Creole and
perhaps other language translations will be available as an appendix for use by those companies and employees
who need it.
Page 4
Aoenda Item No. 16C4
~ November 14, 2006
Page 9 of 16
Criteria 1: TECHNOLOGIES or PROCESSES
(1 page)
(do not delete the instructions on this page)
(20 points) The range of scoring is between 0 and 20 points, with up to 10 points for meeting one of the following sub-
criteria, up to 15 points for meeting two, and up 20 points for meeting all three. Note: applicant may adjust space used to
address each sub-criterion.
Sub-criteria 1 - Not in common use in Florida.
Although there are recycling brochures written both in English and Spanish there are no recycling videos targeting low
English level workers according to a review of the Recycling Industry literature and extensive survey of recycling
professionals at the October 22 to 25, 2006 National Recycling Coalition 25th National Convention in Atlanta, Georgia.
Many new immib'Tants are illiterate in their own language. Many new immigrants and some native born Americans do not
have a culture of recycling. Therefore a video showing them what kinds of glass, paper, plastic and metal to recycle and
not will help businesses comply with Collier County mandatory and other county's voluntary commercial recycling laws
at work and at home. We will video record housekeepers, dishwashers, stock people, landscapers and others modeling
proper disposal ofrecyclables and non recyclables. Proper disposal of Fats, Oils and Grease (FOG) will save our waste
water treatment costs. We will video record residents of apartments, hotels, mobile homes and traditional neighborhoods
modeling proper recycling at home. We will show proper paper, beverage container recycling at schools. We will focus on
illegal dumping of paint, auto oil and trash and the financial and jail penalties for littering. A segment of a cop arresting a
person throwing a cigarette or bottle on the beach, dumping oil down a sewer drain will hopefully motivate people to
avoid financial penalties and legal arrest as we motivate people to adopt recycling for altruistic reasons about an ending
video of families enjoying Florida's clean waterways, beach and wild life. These two videos will have nation wide utility
and use as immigrant population are increasing nation wide and northem USA also has summer seasonal workers.
Sub-criteria 2 - Novel application of an existing technology or process.
Seasonal and Year Round Commercial 'How to Recycle' Videos use existing technology to teach people by
example. A picture is worth a thousands words and more to illiterates. A video of new immigrants like
themselves modeling proper recycling behavior will help train employees. Most restaurants and bars don't have
formalized training programs and this video will be a great training tool. Businesses and employees could select
what language they need and which business to focus on. Every business and employees can and should use the
fIrst segment on what is recyclable, the segments on residential and school how to recycle and the consequences
of littering fInancially, legally and environmentally. The last segment will show people how lucky we are to
live, work and go to school in an environmentally health Florida.
Page 5
Agenda Item No. 16C4
November 14. 2006
Page 10 of 16
Sub-criteria 3 - Overcoming obstacles to recycling/waste reduction in new or innovative
ways.
Seasonal and Year Round Commercial 'How to Recycle' Videos overcomes illiteracy in English as well
as people who are illiterate in their own Spanish and Creole or other languages. The video introduces the
culture ofrecycling in American. The Legal, Financial and Altruistic reasons to recycle are discussed.
The video shows and trains literate and native born Americans who are not educated on what paper,
plastic, glass and metal can be and must be properly recycled. The video will also show the results of
contamination in a glass recycling foundry which happens to employ many new immigrants of Spanish
background.
Page 6
Agenda Item No. 16C4
~-Jovember 14. 2006
Page 11 of 16
Criteria 2: TARGETS
(1 page)
(do not delete the instructions on this page)
(10 Points) Demonstrate innovative processes to collect and recycle or reduce these targeted materials/sectors:
Construction and Demolition Materials, Commercial/Institutional Sectors, Hurricane Debris, Pay-As- You-Throw and
Waste Tires. Note: if the proposed project also includes materials/sectors other than those targeted by this criteria, the
project will receive less than the maximum 10 points allocated for the criteria.
These videos target the Seasonal and Year Round Commercial sectors with 'How to Recycle' Videos. The
commercial sectors generate 65% of Collier County's Waste Stream.
Page 7
Aqenda Item No. 16C4
. November 14,2006
Page 12 of 16
Criteria 3: BENEFITS/ Cost-Effectiveness
(1 page)
(do not delete the instructions on this page)
(25 points) Demonstrate the potential economic, environmental, and cost-effectiveness of the program's approach. Note:
applicant may adjust space used to address each sub-criterion.
Sub-criteria 1 - Environmental Benefits (5 points).
. Methodology
Collier County Solid Waste Department and our contractors will visit the major employers of seasonal and year round
businesses.
. Toxicity
Our program will show how dangerous work place chemicals are to the water and solid waste system. Mercury
incandescent lamps, oils, lithium batteries, pesticides, paints, cleaning solvents and other commercial hazardous
waste will be discussed. House hold hazardous waste site drop off will be mentioned for employees to drop off
hazardous waste. The importance in limiting contamination in the fiber and containers will be stressed. Seasonal
businesses are a constant challenge of new employees to train each year. Often we have to train new businesses
owners each year due to high failure rate of restaurants.
Sub-criteria 2 - Economic Benefits (5 Points).
Commercial recycling is cost effective as the program promotes source separation at the business location. Many
businesses can reduce their waste disposal cost by implementing a waste reduction plan. A visit by Collier County's Solid
Waste Management Department to businesses will show the benefit of a waste audit in saving company money. Creating
recycling habits in employees, employers and customers (asking hotel guests to recycle newspapers and beverage
containers) benefits the community and encourages workers and employers to educate and motivate their children to
recycle at schoo], parks and the community. The economic benefits to our county will be significant as the commercial
sector generates 65% of our solid waste. If we assume that this prob'Tam results in a 5% reduction of our solid waste,
Collier County will save approximately _ in tipping fees. Approximate]y _ in marketable recyclable materia] will
be generated by Waste Management lnc recycling at its MIRF. We may also see an increase in recycling at our multi
Housing units where most of the Seasonal workers live. We may also see an increase in recycling in our low income
neighborhoods where other seasonal workers live. We may see some addition a] recycling at Schools were there are a large
percentage of ESOL students. We may see some reduction in the amount of litter at our beaches, parks and
neighborhoods. We may see some additional cost to the county with additional materia] brought to our Recycling Centers.
Page 8
Agenda Item No. 16C4
November 14, 2006
Page 13 of 16
Sub-criteria 3 - Cost-Effectiveness (15 Points).
Producing the Seasonal and Year Round Commercial 'How to Recycle' Videos are very cost effective as a one
time production cost. The videos can be used by every Florida county and most USA areas that have season
and/or similar year round businesses. One disk will have both the Seasonal and Year Round Businesses in
English, Spanish and Creole.
Criteria 4: SUSTAINABILITY:
(1 page)
(do not delete instructions on this page)
(25 points) Demonstrate the sustainabiIity of the proposed program.
The Season Commercial Recycling program will be launched during September of each year, as new employees
are being hired and businesses are ramping up for the Winter Season. The Year round Commercial Recycling program
will be launched in April of each year before School lets out and summer vacations begin. Businesses will be encouraged
to form peer consulting environmental teams. An annual County WRAP award for the recycling business will encourage
business competition to adopt Green Marketing. Finally, businesses are legally required to recycle under Collier County's
mandatory commercial recycling ordinance. Our Solid Waste Department staff annually visits, monitors and enforces
businesses to encourage compliance with the mandatory recycling code. Collier County continues to focus on commercial
solid waste to save our scarce landfill space since the Commercial sector generates about 65% of Collier County waste.
Page 9
Agenda Item No. 16C4
November 14, 2006
Page 14 of 16
Criteria 4: TRANSFERABILITY
(1 page)
(do not delete the instructions on this page)
(10 Points) Demonstrate transferability of technology and processes and specify how the project will promote
transferability. Note: applicant may adjust space used to address each sub-criterion.
Sub-criteria 1 - Transferability of technology and processes (5 points).
The lessons learned by implementing a Seasonal and Year Round Commercial 'How to Recycle' Videos
will be easily transferable by mail to other Florida and USA communities.
Sub-criteria 2 - How project will promote transferability (5 points).
This program has budgeted money to hire a professional Video company that will produced additional CD disks
and we have budgeted money to mail the disks to Florida's County Solid Waste Departments and interested
municipalities. Our application also budgets $5,500 to produce a Tool kit to implement Seasonal and Year
Round Commercial 'How to Recycle' programs in other communities. The $5,500 out reach segment includes a
workshop at Collier County Solid Waste Management to visit companies and review our program's successes
and lessons learned. This outreach also includes a presentation at a future SW ANA and Florida recycling
conference. Businesses will be encouraged to begin a waste reduction and recycling program and training after they
see success stories with companies similar to their Florida business. Businesses will be increasingly pressured to recycle
as more communities begin to encourage, adopt and enforce mandatory recycling ordinances. Increased tipping fees, fuel
prices and collection costs will encourage businesses to recycle. Increase prices for recycled paper, containers and metals
will create markets and more demand for business recycling. Finally more consumers are targeting their spending to green
compames.
Page 10
Agenda Item ~~o. 16C4
November 14, 2006
Page 15 of 16
Criteria 5: LOCAL SUPPORT
(1 page)
(do not delete the instructions on this page)
(10 Points) Demonstrate local support for the proposed project in commitment of cash or in-kind matching funds. Please
provide the name, address and phone number of ALL contributors. (Points will be allocated for only those contributors
located within the jurisdiction of the applicant.)
. 00 points 0% up to and including 1 % of total project cost
. 01 points Greater than 1 % up to and including 10% of total project cost
. 02 points Greater than 10% up to and including 20% oftotal project cost
. 03 points Greater than 20% up to and including 30% of total project cost
. 04 points Greater than 30% up to and including 40% of total project cost
. 05 points Greater than 40% up to and including 50% of total project cost
. 06 points Greater than 50% up to and including 60% of total project cost
. 07 points Greater than 60% up to and including 70% of total project cost
. 08 points Greater than 70% up to and including 80% of total project cost
. 09 points Greater than 80% up to and including 90% of total project cost
. 10 points Greater than 90% up to and including 100%, of total project cost
Collier county staff will contribute staff time to introduce and sustain this Seasonal and Year Round
Commercial 'How to Recycle'. Collier County staff will maintain the web site of the local student talent
wmners.
Page 11
Agenda Item No. 16C4
November 14. 2006
Page16of16
BUDGET
(1 page using Budget Table Template)
(do not delete the instructions on this page)
Describe the project's budget allocated by task and budget categories per the Budget Table Template available from
DEP's Innovative Grants web site in Microsoft Excel digital format
( www.deo.state.fl.us/\\.aste/cate2orics/rccvclin2:/oa2Cs/lllnovativeGrants2()07-0S.htm ).
See Attached State DEP budget templates
Page 12
Agenda Item No. 16C5
November 14, 2006
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve the submittal of a Florida Innovative Recycling/Waste
Reduction grant application in the amount of $78,500 to the Florida Department of
Environmental Protection to fund the Collier County School Beverage Container
Recycling Challenge Program.
OBJECTIVE: To receive approval from the Board of County Commissioners to submit
a Florida Innovative Recycling/Waste Reduction grant application to the Florida
Department of Environmental Protection to fund the Collier County School Beverage
Container Recycling Challenge Program.
,-
CONSIDERATIONS: The Collier County Board of Commissioners established a
mandatory commercial recycling program which includes Collier County Schools. In
2006 Collier County gave the District School Board of Collier County a Waste Reduction
award for their success in recycling paper. This project proposes to build on the
partnership developed between both entities by establishing the first Florida School
Beverage Container Recycling Challenge Program. The project will increase the
recycling rate at schools saving the schools money and saving Collier County valuable
landfill airspace. This grant will help promote the culture of recycling among Collier
County school children.
This proposal uses humor, music and student competItIon to encourage beverage
container recycling and boost paper recycling in Public Schools. We also propose to
locate in schools new recycle bins in the shape of giant plastic soda bottles that feature
the colorful recycle logo and will serve as visual reminders to recycle away from home.
This application will spark student's natural competitiveness and creativity by creating
three annual categories of competition: 1. Student music videos with recycling themes, 2.
School building recycling collection competition and 3. Recycling poster drawing
contests.
If awarded, grant funds will purchase recycling bins, traveling trophies and promotional
materials. The National Beverage Association will provide professional radio ads and
promotional materials free of charge. A local firm, Sunshine Recycling, will provide a
cash donation. Collier County Solid Waste Department will provide in-kind support
services to the School District. Collier County Schools will be in charge of administrating
the collection of recyclables.
,-'
The total amount of funding available for the FDEP grant program varies from year to
year and there is no maximum grant award. In 2006, the Legislature allocated
$1,599,500 for all eight awards. If awarded, a grant agreement will be forwarded for
consideration in July 2007 and Collier County will have one year to complete the project.
After completion of the grant, the Solid Waste Department will continue to provide
support services to the Collier commercial sector and recognize the annual recycling
award winners.
Agenda Item No. 16C5
Novernber 14, 2006
Page 2 of 14
FISCAL IMPACT: There is no maximum grant level. The total project cost is expected
to be $176,350. The Solid Waste Management Department will be requesting $78,500 in
grant funds. Although there is no local match requirement, a local in-kind match of
$24,350 will come from Solid Waste Disposal Fund 470 in the form of Solid Waste
Management Department staff time. Additionally, a local match of $50,000 will be
provided by the American Beverage Association, $1,000 by Sunshine Recycling Services
of Naples, Florida and $4,000 of in-kind services is anticipated by local radios stations.
Administrative support is estimated at $18,500 for in-kind services for the District School
Board of Collier County and is subject to change. Also, the grant proposal is concurrently
going through the internal review process of the District School Board. Although, final
project costs and match provision may change, they will not exceed stated amounts.
GROWTH MANAGEMENT IMPACT: The Collier County School Beverage
Container Recycling Challenge Program project supports the goals and objectives of the
April 2006 Evaluation and Appraisal Report (EAR) amendments to the Solid Waste Sub-
element of the Collier County Growth Management Plan: "1. Develop the means to
partially or completely divert solid waste from the landfill (additional recycling or
alternative forms of disposal);" This program complies with Collier's Growth
Management Plan by saving landfill air space, by diverting recyclabJes and promoting a
culture of recycling with businesses, employees, suppliers and customers. Specifically
this grant supports Objectives Policy 2 (Disposal) Policy 2.3 (Pursue State and Federal
Grants) and Policy 3, J c (Maintaining and enhancing the county-wide commerical
business recycling programs). Note: schools are included in the commerical category
under the county mandatory commercial recycling ordinance.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman of the Board to approve the submittal of the Innovative Recycling/Waste
Reduction grant application to the Florida Department of Environmental Protection.
PREPARED BY: David Jaye, Project Manager, Collier County Solid Waste Management
Department
,-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1liC5
2006
of14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16C5
P:ecornmendatlOll to ar;prove the submittal of" a Florida Innovat!ve RecycllngIVV3ste
F:eductlon grant application In !tIe amount of S78;500 to the Florida Department of
En'JirO:1mentai Protect'on to fune U',€ Collier County School Beverage Container Recyclmg
Challenge Prograrn
11/14/2D06 900:00 AM
Date
Prepared By
Judith Nothdurft
Public Utilities
Waste Reduction & Recycling Manager
Solid Waste
1111120053:42:15 PM
Marlene J. Foard
Grants Coordinator
Date
Approved By
Administrative Services
Administrative Services Admin.
11/2/2006 11 :29 AM
Approved By
Daniel R. Rodriguez, M.B.A
Public Utillties
Solid Waste Director
Date
Solid Waste
11/2/2006 11 :34 AM
Operations Director
Date
Approved By
Thomas Wides
Public Utilities
Public Utilities Operations
11/212006 11 :46 AM
Date
Approved By
,Mmes W. Delany
Public Utilities
Public Utilities Admimstrator
Pub!IC Utilities Adminislr<:ltion
11/2/200511:52AM
D;]te
Approved By
OMB Coordinator
County Mana9cr'~, Office
Adrninistrnllve Assistant
Office of r/lanJgemenl & Budget
11:2/20051:21 PM
Dat('
Approved By
hJfHly Greenwald
County Manager's OfficE"
iVi,1n3gementfBudfjet AnJlyst
Office of MlHlaqclYtcnt & Budg€:t
11:2/200G 2:51 PM
i.J !ChZlel Smykow':"ld
Date
Approved By
County Man.a~wr's Office
:\/IanagL'mc-mt & Budget Director
Offlce of Mvnagernenl & BlHj~let
11/312006 9:08 AM
Appruved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County M,mager's Office
11/3/20061'1:33 AM
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Agenda Item No. 16C5
November 14, 2006
Page 5 of 14
Draft Copy
Florida Department of Environmental Protection
FY 2007-08 INNOVATIVE GRANT APPLICATION FORM
Proiect Information (on applicant letterhead)
1) Applicant Name: Collier County Solid Waste Management
2) Primary contact person: Dave Jaye, Senior Project Manager
3) Complete Address: 3301 Tamiami Trail East, Building H, Naples, Florida 34112
4) Telephone Number(s) (including SunCom number): 239-732-2508
5) E-mail address:davidjave@collierQov.net
6) Project Title: School Beverage Container Recycling Challenge Program.
7) Grant Request Amount: $78,500.
8) Length of project (months): 9 first year, then ongoing.
Authorizing Signature
Title
11/2/2006
Aoenda Item [\Jo. 16C5
- i\Jovember 14, 2006
Page 6 of 14
PROJECT ABSTRACT
(No more than 20 lines. Every word over 20 lines will constitute a one point deduction.)
(do not delete the instructions on this page)
This proposal uses humor, music and student competition to encourage beverage container recycling and boost
paper recycling in Public Schools. The American Beverage Association produced non-royalty radio commercials
including country, urban, rock and Spanish music versions. The commercials are built around the refrain "we
got plans for your bottles and cans" http://www.recvclcitnow.net/commercials ads.asp?menu=5 . The award
winning campaign was initially launched in test markets in Pittsburgh, Pennsylvania and Hampton Roads,
Virginia and increased beverage container recycling by 25% and drove up recycle rates for other materials. We propose
to locate in schools new Recycle Bins in the shape of giant plastic bottles that feature the colorful Recycle logo,
that serve as visual reminders to recycle away from home. This application will spark student's natural
competitiveness and creativity by creating three annual categories of competition: student music videos with
recycling themes, recycling weight competition and elementary school 'reincarnation' recycling drawing
contests. The music and drawing contest winners will be announced the November 15, National Recycling day,
various radio stations will be asked to stage promotional events. School's morning TV shows can feature the
recycling commercials and contest information. Champion school building recyclers will be announced at the
end of the school year with traveling trophies and web links. The eye-catching logo features one letter from the
labels of several highly recognizable beverages forn1ing the word RECYCLE. We will use the lessons learned
from the three year Sarasota School recycling program.
Page 2
Agenda Item No. 16C5
November 14, 2006
Page 7 of 14
PROJECT DESCRIPTION
(1 page)
Page 3
Aqenda Item No. 16C5
- r..Jovember 14, 2006
Page8of14
Criteria 1: TECHNOLOGIES or PROCESSES
(1 page)
(do not delete the instructions on this page)
(20 points) The range of scoring is between 0 and 20 points, with up to 10 points for meeting one of the following sub-
criteria, up to 15 points for meeting two, and up 20 points for meeting all three. Note: applicant may adjust space used to
address each sub-criterion.
Sub-criteria 1 - Not in common use in Florida.
"Recycle This!" has been initially launched in test markets in Pittsburgh,
Pennsylvania, and Hampton Roads, Virginia, While the campaign is primarily focused on
beverage containers, it is expected to increase recycling rates of all recyclable materials.
Sub-criteria 2 - Novel application of an existing technology or process.
"Recycle This!" is a novel use of radio music. Florida's Elementary Middle and High schools have their own
student featured TV show.
Sub-criteria 3 - Overcoming obstacles to recycling/waste reduction in new or innovative
ways.
"Recycle This!" uses recycling bins designed to look like beverage container. Although schools
come under the mandatory Collier County Commercial recycling ordinance, most schools are not recycling
beverage containers like water and juice bottles. The music video contest, recycling poster competition and
competition to be the school that recycles the most will be recognized with a traveling trophy.
Page 4
Aaenda Item No. 16C5
~ November 14, 2006
Page 9 of 14
Criteria 2: TARGETS
(1 page)
(do not delete the instructions on this page)
(10 Points) Demonstrate innovative processes to collect and recycle orreduce these targeted materials/sectors:
Construction and Demolition Materials, Commercial/Institutional Sectors, Hurricane Debris, Pay-As- Y ou- Throw and
Waste Tires. Note: if the proposed project also includes materials/sectors other than those targeted by this criteria, the
project will receive less than the maximum 10 points allocated for the criteria.
Public Schools are a big institution and the largest employer in Collier County.
Page 5
.Agenda Item No. 16C5
November 14,2006
Page 10 of 14
Criteria 3: BENEFITS/ Cost-Effectiveness
(1 page)
(do not delete the instructions on this page)
(25 points) Demonstrate the potential economic, environmental, and cost-effectiveness of the program's approach. Note:
applicant may adjust space used to address each sub-criterion.
Sub-criteria 1 - Environmental Benefits (5 points).
. Methodology
Collier County Solid Waste Department and Collier schools will conduct a waste audit on one High School, one middle
school and one elementary. There should not be any waste other than food waste in the front office.
. Toxicity
Sub-criteria 2 - Economic Benefits (5 Points).
Recycle This! Is cost effective as the program promotes source separation at the individual level. Creating recycling habits
in school children benefits the community as children become workers and homeowners.
Sub-criteria 3 - Cost-Effectiveness (15 Points).
The beverage containers are made of durable plastic and should be a one time purchase.
Page 6
Agenda Item No. 16C5
November 14, 2006
Page 11 of 14
Criteria 4: SUSTAINABILITY:
(1 page)
(do not delete instructions on this page)
(25 points) Demonstrate the sustainability of the proposed program.
The program will be launched at School open house each year. Schools will be encouraged to form environmental
clubs. Some JR-ROTC organizations pick up trash after school football games. A traveling trophy for best recycling
schools will keep up competition. Annual competitions for best recycling songs by category will be timed for airing on
November 15 National Recycling Day. Environmental Clubs, Performing Arts clubs and JR ROTC will help sustain the
program each year. Students must accumulate 40 hours of community service time in order to be eligible to t,'Taduate from
high school. Finally, schools are legally required to recycle under Collier County's mandatory commercial recycling
ordinance.
Page 7
Agenda Item No. 16C5
November 14, 2006
Page 12 of 14
Criteria 4: TRANSFERABILITY
(1 page)
(do not delete the instructions on this page)
(10 Points) Demonstrate transferability of technology and processes and specify how the project will promote
transferability. Note: applicant may adjust space used to address each sub-criterion.
Sub-criteria 1 - Transferability of technology and processes (5 points).
The lessons learned by implementing a school district wide beverage container program will be easily
transferable to other schools. Sarasota County took three years to get their school district to start recycling. The
lessons learned by them helped me organize our school recycling program Recycle This! Is a turn key recycling
program that can be immediately used by any school. Collier County's grant will use the Recycle This! Radio, bill
boards, education web site and bottle shaped containers localized with student talent. Collier will focus on
student's natural school competition with the traveling recycling champions' trophy. We focus on students'
creativity by first playing the radio ads then inviting students to submit their own music creations. The student
music video award winners in the four music categories of Rock, Hip Hop, Country and Spanish separately for
High School and Middle School categories and the recycling poster winners will be announced on November 15,
2006 National Recycling day. Budgeted radio advertisement in local Rock, Hip Hop, Country and Spanish Radio
stations will generate excitement, radio van visits to schools and hopefully additional public service
announcements. This program has budgeted money to hire a professional Video company that will product videos
to promote the Beverage recycling Challenge program in the schools. The video will also contain the winning
student music videos and winning posters.
Sub-criteria 2 - How project will promote transferability (5 points).
The project will promote transferability by making a copy of the student radio/TV spots available to other schools
through our county web page and through DVDs. Students will be excited about participating in a fun,
educational program promoting recycling with music as they saw in other Florida school's programs.
Page 8
Agenda Item No. 16C5
November 14, 2006
Page 13 of 14
('
Criteria 5: LOCAL SUPPORT
(1 page)
(do not delete the instructions on this page)
(10 Points) Demonstrate local support for the proposed project in commitment of cash or in-kind matching funds. Please
provide the name, address and phone number of ALL contributors. (Points will be allocated for only those contributors
located within the jurisdiction of the applicant.)
. 00 points 0% up to and including 1 % of total project cost
. 01 points Greater than 1 % up to and including 10% of total project cost
. 02 points Greater than 10% up to and including 20% of total project cost
. 03 points Greater than 20% up to and including 30% of total project cost
. 04 points Greater than 30% up to and including 40% of total project cost
. 05 points Greater than 40% up to and including 50% of total project cost
. 06 points Greater than 50% up to and including 60% of total project cost
. 07 points Greater than 60% up to and including 70% of total project cost
. 08 points Greater than 70% up to and including 80% of total project cost
. 09 points Greater than 80% up to and including 90% of total project cost
. 10 points Greater than 90% up to and including 100% of total project cost
Collier County will approach radio stations to have public service announcements with the same categories as
the Recycle This! Themes: Rock, Country, Hip Hop and Spanish Language songs. The American Beverage
Association radio spots are very funny.
r
Collier county staff will contribute staff time to introduce and sustain this school beverage recycling
program. Collier County staff will maintain the web site of the local student talent winners.
BUDGET
(1 page using Budget Table Template)
(do not delete the instructions on this page)
Describe the project's budget allocated by task and budget categories per the Budget Table Template available from
DEP's Innovative Grants web site in Microsoft Excel digital fonnat
(\",WW .dep.state. fl.u s/wastel cate2:oriesl recv cI in 2:1 pages/! 11 n 0\':1 thee; ra n ts2007 -08. htm).
See Attached State DEP budget templates
r
Page 9
G EYE..CATCHIN&BllLBDARDS
9 FUN,
MEMORABLE
RADIO SPOTS
J;ANg)3!HOT,'~EW/,~1O
." .'SPOTSEN iESPANOl
Do it yourself or as a joint venture with other
recycling stakeholders
Get grant funding from your state government
ere's something you can recycle - the beverage indus-
try's highly successful public education campaign! In major
test markets, the award-winning campaign increased beverage
container recycling by as much as 25%. and drove up rates for
other curbside materials as well. You can use the billboards and
radio spots, including the three new Spanish versions, in your
community - there are no royalty payments required. Call the
American Beverage Association to find out more. Recycle it now!
Bottle-shaped 57"
tall recycling bin.
Great for special
events, stadiums,
schools, and
festivals. Call PFI
i at 800-325-2823
I to purchase.
We Got Plans For Your Bottles And Cans
American Beverage Association
recycleitnow.net · Phone: 202-463-6732
Reader service #131
Agenda Item No. 16D1
November 14, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to enter into a cooperative agreement with the
Collier County Hunger and Homeless Coalition to continue participation in the
Information Network for the Community of Collier County (INCCC) and approve a
budget amendment to recognize revenue in the amount of $1,381.04 for reimbursement of
related computer hardware costs.
OBJECTIVE: To authorize the Chairman to sign the agreement between the Collier County
Board of County Commissioners and the Collier County Hunger and Homeless Coalition and
approve a budget amendment to recognize funding in the amount of $1,381.04 for related
computer hardware costs.
,,--
I
CONSIDERATIONS: The Hunger and Homeless Coalition is a 501(c)(3) not-for-profit
organization with over 50 member agencies that provides services to individuals who are
homeless, disadvantaged, or below the federal poverty guidelines. The Collier County Human
Services Department continues to work closely with the Collier County Hunger and Homeless
Coalition since it established the INCC in 2004. By entering into this agreement, funding will
be available to purchase the necessary computer hardware to continue participation within the
network, thereby improving the level of service to clients, increasing communication among the
staff of Partner Agencies, reducing duplication of information and decreasing referrals and
contacts with inappropriate agencies.
FISCAL IMPACT: The reimbursement amount associated with this agreement is $1,381.04
and is funded through the Collier County Hunger and Homeless Coalition. No local County
match is required for this agreement.
GROWTH MANAGEMENT IMPACT: There is no growth management impact due to this
request.
RECOMMENDATION: Staff recommends that the Board of County Commissioners
Chairman sign the agreement and approve the necessary budget amendment to recognize revenue
in the amount of$1,381.04.
Prepared by: Terri Daniels, Accounting Supervisor, Human Services Department
~
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1601
November 14, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D1
RecommendatJOn to authorize the Chairman to enter Into a cooperative agreement with the
Collier County Hunger and Homeless Coalition to continue participation in the Information
Network for the Community of Collier County (I NCCC) and approve a budget amendment to
recognize revenue in Ihe emount of $1 ,381.04 for reimbursement of related computer
hardware costs
11/14120069:00:00 AM
Grants Coordinator
Date
Prepared By
Terri A. Daniels
Public Services
Human Services
10/301200611:43:13 AM
Marcy Krumbine
Director
Date
Approved By
Public Services
Human Services
10/30/20064:47 PM
Marla Ramsey
Date
Approved By
Public Services
Public Services Administrator
Public Services Admin.
10/31/2006 2:00 PM
Approved By
OM B Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
10/31/20063:01 PM
Sherry Pryor
Management S Budget Anaiyst
Date
Approved By
County Manager's Office
Office of Management S Budget
11/3/2006 9:36 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
11/3120065:24 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
11/3/20066:49 PM
Agenda Item No. 16D1
November 14. 2006
Page 3 of 8
COOPERATIVE FUNDING AGREEMENT
COLLIER COUNTY HUMAN SERVICES
AN D TH E
COLLIER COUNTY HUNGER AND HOMELESS COALITION
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into this 6th
day of September, 2006, by and between COLLIER COUNTY HUMAN SERVICES
(hereinafter referred to as the "AGENCY"), day whose address is 3301 East Tamiami
Trail, Health and Public Services Building H, Room 211 Naples, FL 34112, and the,
COLLIER COUNTY HUNGER AND HOMELESS COALITION (hereinafter referred
to as the "CCHHC"), a Not-for-Profit Florida Corporation, whose address is 279 Airport
Rd. South, Naples, Florida 34104. This Cooperative Funding Agreement is made for
participation in the Information Network for the Community of Collier County
(hereinafter referred to as the "INCCC").
WITNESSETH:
WHEREAS, The CCHHC and the AGENCY desire to participate within the INCCC.
WHEREAS The INCCC allows for the sharing of client information for the provision of
services in Collier County through a networked infrastructure that establishes electronic
communication among Partner Agencies.
WHEREAS, The INCCC provides a standardized assessment of consumer needs,
supports the creation of individualized service plans and records the use of housing and
other related services.
WHEREAS, the purpose of the lNCCC is to improve the level of service to clients by
increasing communication among the staff of Partner Agencies to reduce duplication of
information and decrease referrals and contacts with inappropriate agencies; to broaden
knowledge of available community resources and decrease the time spent producing
necessary reports; and to provide valid planning information related to community needs,
service gaps, outcome measures and service utilization.
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions set
forth herein, the CCHHC and the AGENCY agree as follows:
1. PROJECT MANAGERS AND NOTICES: Each party hereby designates the
employee set forth below as its respective Project Manager. Project Managers shall
assist with INCCC project coordination and shall be each party's prime contact
person. Notices or reports shall be sent to the attention of each party's Project
Manager by certified mail, return receipt requested, or by fax with counter-
confirmation to the parties' addresses as set forth below:
Agenda Item No. 1601
November 14, 2006
Page 4 of 8
Project Manager for CCHHC:
Birgit Pauli-Haack _
Project Manager & System
Administrator
Information Network for the
Community of Collier County
Collier County Hunger and
Homeless Coalition
279 Airport Rd. S.
Naples, FL 34104
Project Manager for the Agency:
Candice Franco
Collier County Human Services
3301 East Tamiami Trail
Health and Public Services
Building H, Room 211
Naples, FL 34112
2. SCOPE OF WORK.: Upon receipt of written notice to proceed from the CCHHC, the
AGENCY shall perform the services necessary to complete the INCCC in
accordance with the scope of work set forth in Exhibit "A" attached hereto and
incorporated herein. Any changes to this Scope of Work and associated costs shall
be mutually agreed to in a formal written amendment approved by the CCHHC and
the AGENCY prior to services being performed by the AGENCY.
3. FUNDING The parties anticipate that the total cost of the project will be $ One
Thousand Three Hundred Eighty One and 04/100 Dollars ($1,381.04). The CCHHC
agrees to fund project costs up to $1,381.04 and shall have no obligation to pay any costs
beyond this maximum amount.
It is agreed that the AGENCY participates in the INCCC at minimum until August
31,2008. Should the project not continue or the AGENCY determines that it is not
in its best interest to continue after August 31, 2007, the project costs of $1,381.04
shall be reimbursed to the CCHHC on a pro rata basis of one-twelfth (1/12) of the
project costs per month ($ 115.09 per month) times the number of months remaining
in the period of August 31, 2007 through August 31, 2008. In the case that this
Agreement is terminated prior to August 31, 2007, the project costs will be paid
back to the CCHHC in full.
4.1 PAYMENT AND USE OF FUNDS: The CCHHC shall refund the AGENCY for
the INCCC costs in accordance with the Project Budget set forth in Exhibits "B."
Payment shall be made to the AGENCY within thirty (30) days of receipt of an
invoice, with the appropriate support documentation, which shall be submitted to the
CCHHC at the following address:
Agenda Item No. 16D1
November 14, 2006
Page 5 of 8
Birgit Pauli-Haack
Project Manager & System Administrator
Information Network for the Community of Collier
County
Collier County Hunger and Homeless Coalition
279 Airport Rd. S.
Naple~, FL 34104
4.2 The AGENCY shall not use any CCHHC funds for any purposes not specifically
identified in the above Scope of Work.
4.3 Each "Request for Payment" includes three bids for the purchased item, of which the
lowest is bought, or an explanation is provided as for the reasons why the lowest bid
has not been pursued. Each "Request for Payment" also includes a copy of the
invoice and a copy of payment made.
5. CONTRACT PERIOD: This Agreement shall be effective upon execution by all
parties and shall remain in effect until August 31, 2008 unless terminated or
extended in writing by mutual written agreement of the parties.
6. PROJECT RECORDS AND DOCUMENTS: Each party shall, upon request, permit
the other party to examine or audit all project related records, and documents during
or following completion of the INCCC project. Each party shall maintain all such
records, and documents for at least three (3) years following completion of the
project. All records and documents generated or received by either party in relation
to the project are subject to Chapter 119, Florida Statutes, the State of Florida Public
Records Act.
7. REPORTING: The AGENCY shall provide the CCHHC with any and all reports or
other documents resulting from the INCCC project.
8. LIABILITY: Each party hereto agrees that it shall be solely responsible for the
negligent acts or omissions of its officers, employees, contractors and agents;
however, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the limitations set forth in Section 768.28, Florida Statutes.
9. TERMINATION FOR DEFAULT: Either party may terminate this Agreement
upon the other party's default in complying with any term or condition of this
Agreement, as long as the terminating party is not in default of any term or condition
of this Agreement. To effect termination, the terminating party shall provide the
defaulting party with a written "Notice of Termination" stating its intent to terminate
and describing the term and/or condition with which the defaulting party has failed
to comply. If the defaulting party has not remedied its default within thirty (30) days
after receiving the Notice of Termination, this Agreement shall automatically
terminate.
Agenda Item No. 16D1
November 14,2006
Page 6 of 8
10. TERMINATION WITHOUT CAUSE: This Agreement may be terminated by the
parties without cause upon fifteen (15) days written notice to the non-terminating
party. Termination shall be effective upon the fifteenth (15th) day after the receipt
of said notice or twenty (20) days after mailing said notice by regular U.S. mail. In
the event of such termination, the non-terminating party shall be entitled to
compensation from the terminating party for all equipment obtained or services
incurred as of the date of terminatio,n, provided such equipment or services are
deemed to be reasonable and propel in accordance with. the attached the Scope of
Work.
11. RELEASE OF INFORMATION: The parties shall not initiate any verbal or written
media interviews or issue press releases on or about the INCCC project without
providing prior advance copies to the other party with sufficient time to respond.
This provision shall not be construed as preventing the parties from complying with
the public records disclosure laws set forth in Chapter 119, Florida. Statutes.
12. COALITION RECOGNITION: The AGENCY shall recognize COALITION
funding in any reports, models, studies, maps, or other documents resulting from this
Agreement, and the form of said recognition shall be subject to COALITON
approval.
13. ASSIGNMENT: Neither party may assign or transfer its rights or obligations under
this Agreement, including any operation or maintenance duties related to the project,
without the written consent of the other party.
14. LAW COMPLIANCE: Each party shall comply with all applicable federal, state
and local laws, rules, regulations and guidelines, relative to performance under this
Agreement.
15. SUBCONTRACTORS: Nothing in this Agreement shall create, or be implied to
create, any relationship between the AGENCY and any subcontractor of the
CCHHC.
16. THIRD PARTY BENEFICIARIES: Nothing in this Agreement shall be construed
to benefit any person or entity not a party to this Agreement.
17. MODIFICATIONS: This Agreement constitutes the entire agreement between the
parties and may be amended only in writing, signed by all parties to this Agreement.
18. DOCUMENTS: The following documents are attached and made a part of this
Agreement. In the event of a conflict of contract terminology, priority shall first be
given to the language in the body of this Agreement, then to Exhibit "A."
Exhibit "A" Project Budget
Agenda Item No. 1601
November 14, 2006
Page 7 of 8
WITNESSETH:
IN WITNESS WHEREOF the parties have duly executed this Letter of
Agreement on the day and year above first written.
A TIEST:
DWIGHT E. BROCK, Clerk
. COLLIER COUNTY HUMAN SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency
~~
Robert N. Zac
Assistant County Attorney
Date: 00/05/05
COLLIER COUNTY HUNGER AND
HOMELESS COALITION,INC., a Florida
Not for Profit Corporation
WITNESS:
[Print Name]
By:
Fred Richards, Executive Director
Date:
[Print Name]
IN WITNESSES WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
Exhibit B: Project Budget: $1381.04
Agenda Item No. 1601
November 14, 2006
Page 8 of 8
Collier County Human Service
1 workstation for Case Manager's office in Naples $917.08 $917.08
1 Laser Multifunctional Printer for Immokalee office $379.96 $379.96
1 Desk Top Printer for Case Manager's office in Naples 84.00 $84.00
CC Human Services Total $1381.04
Agenda Item No. 16D2
November 14, 2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the Chairman
to sign an agreement with the Physicians Regional Medical Center for participation
in the Lower Income Pool (LIP) programs for services provided on behalf of the
Human Services Department, Department of Health and David Lawrence Center to
generate an additional $481,250 in Federal matching funds.
OBJECTIVE: That the Board of County Commissioners sign an agreement with the
Physicians Regional Medical Center (PRMC) to participate in the Lower Income Pool
(LIP) program.
CONSIDERATIONS: The Agency for Health Care Administration (AHCA), the State
entity that provides Medicaid Services in Florida, offers a program that leverages Federal
Funds with local matching funds to enhance services to low-income individuals through
special Medicaid payments. This Low Income Pool (LIP) program provides for
communities to enter into an agreement with AHCA to utilize local funds to gain an
additional 17.5% from the Federal Government to provide inpatient services through a
local qualifying hospital.
,...........
Physicians Regional Medical Center (PRMC), formerly Cleveland Clinic, has qualified to
accept these funds and has agreed to participate in the LIP program. PRMC will accept
the funds from AHCA, which will include the 17.5% match and in return provide
payment for the County's programs (Human Services, Department of Health and the
David Lawrence Center) or pay invoices approved by Collier County Human Services at
amounts already funded by the Board of County Commissioners in the FY07 budget.
FISCAL IMPACT:
It is estimated the Lower Income Pool program will provide an additional $481,250
revenue for healthcare and behavioral healthcare resources to Collier County. Local
matching funds are available within the FY07 budget within these program budgets.
Physicians Regional Medical Center will receive $60,000 from the revenue to administer
the program. This fee was negotiated as an actual cost of the administration based upon
personnel time and overhead.
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman to sign the agreement with the Physicians Regional Medical Center to
participate in the Lower Income Pool program.
,-
Prepared by: Marcy Krumbine, Director, Human Services Department
Agenda Item No. 1602
November 14, 2006
Page 2 of 10
Agenda Item No. 1602
November 14, 2006
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D2
Recommendation that the Board of County Commissioners authorize the Chairman to sign
an agreement with the PhYSICians Regional Medical Center for participation in the Lower
Income Pool (LlP.J progr"ams for serVices provided on behalf of the Human Services
Department. Department of Health and DaVId Lawrence Center to generate an additional
$481.250 in Federal matching funds
Meeting Date:
11/14/2006900.00 AM
Approved By
Marla Ramsey
Public SelVices Administrator
Date
Public Services
Public Services Admin.
10/31/20064:28 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
11/1/2006 8:38 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11/2/20064:43 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
11/3/20065:10 PM
App roved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/61200612:32 PM
Created on 7/19/2006 10:58:00 AM
Agenda Item No. 1602
November 14, 2006
Page 4 of 10
AGREEMENT
THIS AGREEMENT is made and entered into this 1/3J /0 l:, by and between Collier
County, Florida, a political subdivision of the State of Florida, hereinafter referred to as lithe
County" and Naples HMA, Inc., d/b/a a Florida corporation and Physicians Regional Medical
Center, hereinafter referred to as "the Hospital".
RECITALS:
WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide
health welfare programs for the residents of Collier County to the extent not inconsistent
with general or special law.
WHEREAS, The establishment and maintenance of such programs are in the common
interest of the people of Collier County.
WHEREAS, The County desires to contract with the Hospital to provide payments for
health prevention programs, and mental health services to residents of the County, where
no existing state or federal resources are available.
WHEREAS. The Hospital is willing to provide payments for such services, subject to the
terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree
as follows:
ARTICLE I
SERVICES TO BE PERFORMED
1. The Hospital shall provide payment for the following services in the manner as described
in Attachment A, Scope of Services:
a. Immunization program provided by the Collier County Health Department.
b. AIDS Prevention Program provided by the Collier County Health Department.
c. Tuberculosis Program provided by the Collier County Health Department.
d. Communicable Disease Program provided by the Collier County Health
Department.
e. Child Health Program provided by the Collier County Health Department.
f. Healthy Start Prenatal Program provided by the Foundation for Women's Health.
g. School Health Program provided by the Collier County Health Department.
h. Adult Health Program provided by the Collier County Health Department.
i. Dental Program provided by the Collier County Health Department.
j. Community Mental Health Services provided by the David Lawrence Center, Inc.
k. Hospital agrees to fund other health related programs and services as directed
by the County.
2. The obligation of the Hospital to provide any services pursuant to this Agreement, or to pay for
services provided by other parties approved by the County pursuant to this Agreement, shall be
contingent upon designated funds being paid to Hospital by the state or county in advance of the
obligation of the Hospital to provide any services or to pay for any services. In the event that
sufficient designated funds are not on deposit with the Hospital, the Hospital shall have no
obligations under this Agreement.
1
Created on 7/19/2006 10:58:00 AM
Agenda Item No. 16D2
November 14, 2006
Page 5 of 10
ARTICLE II
PAYMENTS
1. The County shall make payments to the State of Florida under the Inter Governmental
Transfer Program (IGT).
ARTICLE III
CLAIMS VALUATION AND CLAIMS PROCESSING
1. As the claims processing entity, the Hospital will provide quarterly financial reports to the
County in such detail as required by the County.
ARTICLE
IV
TERMS OF AGREEMENT AND TERMINATION
1. The term of this Agreement shall be October 1, 2006 through September 3D, 2007 with
two annual renewals.
2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the
other party of written notice of intent to terminate. In the event of termination, the County
shall pay for services rendered, prorated to the date of termination. The County shall
continue to pay for any inpatient receiving services on the date of termination until the
discharge of such payment.
3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to
the breaching party, terminate the whole or any part of this Agreement. Termination shall
be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail,
telegram or in person. Waiver by either party of breach of any provisions of this
Agreement shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of this Agreement.
4. It is further agreed that in the event general funds to finance all or part of this Agreement
do not become available, the obligations of each party hereunder may be terminated
upon no less than twenty-four (24) hours notice in writing to the other party. Said notice
shall be delivered by certified mail, telegram or in Person. The County shall be the final
authority as to the availability of funds and as to how any available funds will be allocated
among its various service providers.
ARTICLE V
ASSIGNMENT
The Hospital and/or its sub-contractor shall not assign or transfer this Agreement, or any
interest, right or duty herein, without the prior written consent of the County, which
consent shall not be unreasonably withheld by the County. Without obtaining prior
consent by the County, the Hospital shall be allowed to assign or transfer this Agreement
or any of the Hospital's obligations hereunder to affiliates or wholly owned subsidiaries of
the Hospital. This Agreement shall run to the County and its successors.
2
Created on 7/19/200610:58:00 AM
Agenda Item No. 1602
November 14, 2006
Page 6 of 1 0
ARTICLE VI
SUBCONTRACTING
The parties agree that the Hospital shall be permitted to execute subcontracts for the
purchase by the Hospital of such services, articles, supplies, and equipment, which is
both necessary and incidental to the performance of the work, required under this
Agreement. However, the Hospital expressly understands that it shall assume the
primary responsibility for performing the services outlined in Article I of this Agreement.
ARTICLE VIII
INSURANCE, SAFETY AND INDEMNIFICATION
1. Indemnity. The Hospital and/or its sub-contractor shall indemnify the County against any
claims, damages, losses, and expenses, including reasonable attorneys' fees and costs,
arising out of, resulting from the Hospital's failure to pay for services as directed by the
County.
The County shall indemnify the Hospital against any claims, damages, losses, and
expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or
in any way connected with the performance of the County's responsibilities under this
Agreement including the County's review of all invoices to insure that no violations of
state of federal laws, rules or regulations occurs in payments made pursuant to this
Agreement.
2. Insurance Required.
The Hospital maintains insurance as described in the attached Insurance Exhibit that fully
satisfies the insurance requirements of the County.
ARTICLE IIIV
BILLING PROCEDURES
The Hospital has standard, acceptable billing procedures that the Hospital will utilize in the
performance of its obligations under this Agreement.
The County shall direct the Hospital to make payments pursuant to this Agreement once the
County has verified the validity of the invoices to be paid by the Hospital. The Hospital will not pay
any invoices prior to the County's approval.
The Hospital shall make payments to specific healthcare programs and services, such as the
mental health programs of the David Lawrence Center and the Collier County Health Department
that are pre-approved by the County for payment. The Hospital shall use reasonable efforts to
pay invoices approved by the County within thirty (30) days of County approval.
For the healthcare services provided by the Hospital, the Hospital shall be reimbursed at the
federally approved Medicare rates. The County shall be responsible for verifying invoices for
such services prior to reimbursement to the Hospital. The Hospital has the right to bill the
balance to the patient for any difference between the Medicare rate and the amount the hospital
is paid pursuant to the County's authorization.
3
Created on 7/19/200610:58:00 AM
Agenda Item No. 16D2
l'Jovember 14, 2006
Page 7 of 10
For providing TPA services, the Hospital shall be compensated monthly and in advance at the
rate of $5000.00 (five thousand dollars) per month.
ARTICLE IX
RECORDS
1. The Hospital and/or its sub-contractor shall keep orderly and complete records of its
accounts and operations related to the services provided under this Agreement for the
entire term of the Agreement plus three (3) years. The Hospital and/or its sub-contractor
shall keep open these records to inspection by County personnel at reasonable hours
during the entire term of this Agreement. If any litigation, claim or audit is commenced
prior to the expiration of the three (3) year period and extends beyond this period the
records must remain available until any litigation, claim or audits have been resolved. Any
person duly authorized by the County shall have full access to and the right to examine
any of said records during said period. Access to PHI shall be in compliance with federal
laws and HIPAA.
ARTICLE X
CIVIL RIGHTS
1. There will be no discrimination against any employee or person served on account of
race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the
performance of the Agreement.
2. It is expressly understood that, upon receipt of evidence of such discrimination, the
County shall have the right to terminate this Agreement for breach of agreement.
3. The Hospital and/or its sub-contractor shall comply with Title VI of the Civil Rights Act of
1964 (42 USC 2000d) in regard to persons served.
4. The Hospital and/or its sub-contractor shall comply with Title VII of the Civil Rights Act of
1964 (42 USC 2000c) in regard to employees or applicants for employment.
5. The Hospital and/or its sub-contractor shall comply with Section 504 of the Rehabilitation
Act of 1973 in regard to employees or applicants for employment and clients served.
ARTICLE XI
OTHER CONDITIONS
1. Any alterations, variations, modifications or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing, duly signed and attached to the
original of this Agreement. The parties agree to renegotiate the Agreement if revision of
any applicable laws or regulations makes changes in the Agreement necessary.
2. This Agreement contains all the terms and conditions agreed upon by the parties. All
items incorporated by reference are as though physically attached. No other
agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be
deemed to exist or to bind any of the parties hereto.
3. The Hospital and/or its sub-contractor shall obtain and possess throughout the term of
this Agreement all licenses and permits applicable to its operations under federal, state,
4
Created on 7/19/2006 10:58:00 AM
Agenda Item No. 1602
November 14, 2006
Page 8 of 10
and local laws, and shall comply with all fire. health and other applicable regulatory
codes.
4. The Hospital and/or its sub-contractor agrees to comply with all applicable requirements
and guidelines prescribed by the County for recipients of funds.
5. The Hospital and/or its sub-contractor agree to safeguard the privacy of information
pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
IN WITHNESS WHEREOF, the parties have executed this Agreement on the dates indicated
below.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY
By:
ATTEST:
By:
Date:
::~~~Ice
Titl .
By:
5
Created on 7/19/2006 10:58:00 AM
Agenda Item No. 16D2
November 14, 2006
Page 9 of 10
ATTACHMENT A
SCOPE OF SERVICES
Responsibilities of the Hospital:
1. The Hospital and/or its sub-contractor shall provide payments for health prevention
programs identified in this Agreement to the Collier County Health Department.
2. The Hospital and/or its sub-contractor shall provide payments for community mental
health services as identified in this Agreement to the David Lawrence Center, Inc.
3. The Hospital and/or its sub-contractor shall provide timely responses to contract
requirements. Responses to inquiries from the Public Services Division, County Health
Department or designee regarding any aspect of payment of services being provided
shall be as indicated below.
4. The Hospital and/or its sub-contractor shall provide payments for emergency room,
secondary and tertiary care for those patients determined eligible by the County Human
Services Department.
5. Secondary and tertiary services shall be provided upon the referring physician or
designated physician's order. The referral order shall distinguish between a referral for
specific therapeutic services and a diagnostic workup.
6. Nothing in this contract shall be construed to limit access for a patient to any service
provided by the Hospital that is medically necessary and approved by the County.
6
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Agenda Item No. 1603
November 14, 2006
Page 1 of 7
.-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the Chairman to sign
an agreement with the Agency for Health Care Administration for $2,750,000 to
participate in the Lower Income Pool Program for services provided on behalf of the
Human Services Department in order to generate an additional $481,250 in Federal
matching funds.
OBJECTIVE: That the Board of County Commissioners sign an agreement with the Agency
for Health Care Administration (AHCA) to participate in the Lower Income Pool (UP) program.
CONSIDERATIONS: The Agency for Health Care Administration (AHCA) is the State entity
that provides Medicaid services in Florida and operates the Hospital Lower Income Pool (UP)
program. This program takes local funds and through an agreement between local government
and AHCA uses these funds to obtain Federal matching dollars.
,-...
The amount of matching dollars that are obtained using these local resources is 17.5% of the
amount that is provided to AHCA for this use. These dollars are returned to the community to an
inpatient hospital in the form of special medicaid payments in order to provide enhanced services
to low-income individuals. Currently, the hospital that has agreed to participate to receive these
special Medicaid payments and serve as a Third Party Administrator is Physician's Regional
Medical Center, formerly Cleveland Clinic.
The agreement with AHCA is for $2,750,000 of existing funds within the Human Services and
Department of Health FY 2006/07 budgets.
In a separate executive summary to approve the agreement with Physicians Regional Medical
Center, the costs associated with the administration of this agreement are outlined and are similar
to those approved previously by the Board of County Commissioners.
FISCAL IMP ACT: Participation in the Lower Income Payment Program will provide an
additional $481,250 for healthcare resources to Collier County.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this executive summary.
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
and sign the agreement with the Agency for Health Care Administration.
Prepared by: Marcy Krumbine, Director, Human Services Department
~
Agenda Item No. 1603
November 14, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D3
Recommendalion that the Board of County Commissioners authorize the Chairman to sign
an agreement with the Agency for Health Care Admlnislralion for $2,750,000 to participate in
the Lower Income Pool Program for services provided on behalf of the Human Services
Department In order to generate an additional $481.250 in Federal matching fundS
Meeting Date:
11/14/20069:00:00 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/31120064:28 PM
App roved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1111120066:38 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
11/2/20064:44 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
11/3/20065:19 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1116/2006 3:49 PM
Agenda Item No. 16D3
November 14, 2006
Page 3 of 7
Letter of Agreement
THIS LETTER OF AGREEMENT made and entered into in duplicate on the _ day of
_,2006, by and between Collier County, (the County) and the State of Florida, through its
Agency for Health Care Administration, (the Agency),
1. Per House Bill 5001, the General Appropriations Act of state fiscal year 2006-2007, passed
by the 2006 Florida Legislature, County and the Agency, agree that County will remit to the
State an amount not to exceed a grand total of $2,750,000.
a) The County and the Agency have agreed that these fimds will only be used to
increase the provision of health services for the Medicaid, uninsured, and
underinsured people of the County and the State of Florida at large.
b) The increased provision of Medicaid, uninsured, and underinsured funded
health services will be accomplished through the following Medicaid
programs:
1. The Disproportionate Share Hospital COSH) program.
11. The removal of inpatient and outpatient reimbursement ceilings for
teaching, specialty and community health education program hospitals.
111. The removal of inpatient and outpatient reimbursement ceilings for
hospitals whose charity care and Medicaid days as a percentage of
total adjusted hospital days equals or exceeds 11 percent.
IV. The removal of inpatient and outpatient reimbursement ceilings for
hospitals whose Medicaid days, as a percentage of total hospitals days,
exceed 7.3 percent, and are trauma centers.
v. Increase the annual cap on outpatient services for adults from $500 to
$1,500.
vi. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma
centers, specialty pediatric hospitals, primary care services and other
Medicaid participating safety-net hospitals.
Vll. Medicaid LIP payments to hospitals in the approved appropriations
categories referenced as LIPI, LIP2, and LIP3.
Vlll. Medicaid LIP payments to Federally Qualified Health Centers
IX. Medicaid LIP payments to Provider Access Systems (PAS) for
Medicaid and the uninsured in rural areas.
App_September 5,2006.
Agenda Item No. 1603
November 14, 2006
Page 4 of 7
x. Medicaid LIP payments for the expansion of primary care services to
low income, uninsured individuals.
2. The County will pay the State an amount not to exceed the grand total amount of $2,750,000.
The County will transfer payments to the State in the following manner:
a) The ftrst quarterly payment of $687,500 for the months of July, August,
and September is due upon notification by the Agency.
b) Each successive payment of $687,500 is due no later than, December 31,
2006, March 31, 2007 and June 15, 2007.
c) The State will bill the County each quarter payments are due.
3. Attached are the DSH and LIP schedules reflecting the anticipated annual distributions for
state fiscal year 2006-2007. .
4. The County and the State agree that the State will maintain necessary records and supporting
documentation applicable to Medicaid, uninsured, and underinsured health services covered
by this Letter of Agreement. Further, the County and State agree that the County shall have
access to these records and the supporting documentation by requesting the same from the
State.
5. The County and the State agree that any modiftcations to this Letter of Agreement shall be in
the same form, namely the exchange of signed copies of a revised Letter of Agreement.
6. The County conftrms that there are no pre-arranged agreements (contractual or otherwise)
between the respective counties, hospital districts, and/or the hospitals to re-direct any
portion of these aforementioned Medicaid supplemental payments in order to satisfy non-
Medicaid, non-uninsured, and non-underinsured activities.
7. The County agrees the following provision shall be included in any agreements between the
County and local providers where funding is provided for the Medicaid program. Funding
provided in this agreement shall be prioritized so that designated funding shall first be used
to fund the Medicaid program (including LIP) and used secondarily for other purposes.
8. This Letter of Agreement covers the period of July 1,2006 through June 30, 2007.
App_September 5,2006.
Agenda Item No. 16D3
November 14, 2006
Page 5 of 7
WITNESSEm:
IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day
and year above fIrst written.
A TIEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY HUMAN SERVICES
BY:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency
R~/~
Assistant County Attorney
Date:
AGENCY FOR HEALTH CARE
ADMINISTRATION
WITNESS:
[Print Name]
By:
CARL TON D. SNIPES, Assistant Deputy
Secretary for Medicaid Finance
Date:
[Print Name]
App_September 5,2006.
Agenda Item No. 1603
November 14,2006
Page 6 of 7
Local Government Intereovernmental Transfers
Pro2;ram I Amount State Fiscal Year 2006-2007
DSH*
LIP* /Rate Exemptions $2,750,000
Statewide Issues
Total Fundin2; $2,750,000
*Included in the Low Income Pool (LIP) 2 category methodology.
App _September 5, 2006.
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Agenda Item No. 1604
November 14,2006
Page 1 of 21
--
EXECUTIVE SUMMARY
Recommendation to approve a Florida Communities Trust grant contract
for partial reimbursement for the purchase of Gordon River Greenway Park
(lands surrounding the Naples Zoo) and authorize the Public Services
Division Administrator to execute all documents in connection with the
project, as contemplated in the agreement
Obiective: To use available grant opportunities to partially reimburse the County for the
purchase of the lands surrounding the Naples Zoo.
Considerations: Under the Florida Forever Act, the Florida Communities Trust
administers the Florida Forever Program, which provides grants to eligible applicants for
the acquisition of land for community-based parks, open spaces and greenways that
further the outdoor recreation and natural resource protection needs identified in local
government comprehensive plans.
-
On April 25, 2006 (Item 10C), the Board of County Commissioners granted staff
permission to apply for a FCT Florida Forever grant in the FF-6 cycle for Gordon River
Greenway Park (lands surrounding the Naples Zoo). Staff prepared and submitted the
application. On September 14-15, 2006, the Governing Board of the Florida
Communities Trust met and ranked the cycle's applicants. Collier County's application
was selected for funding. FCT staff has subsequently visited the project site to ensure the
condition of the site is as put forth in the application and to assess the need for any
stipulations in the grant contract.
The grant contract offers a reimbursement of the lesser of $9.9 million or 60% of the
Maximum Approved Project Price (MAPP). MAPP is calculated as the average of two
new appraisals covering only the project site, plus allowable acquisition costs. Additional
terms address development of the project site in a manner consistent with what was put
forth in the grant application. The grant contract states that it must be executed and
returned to FCT by November 24, 2006.
Fiscal Impact: No fiscal impact is associated with approving the grant contracts and
authorizing the appropriate Division Administrator to sign the grant contracts. A net
positive fiscal impact is associated with accepting the grant award. The exact amount of
the award is contingent on the results of the new appraisals and FCT's subsequent
determination of MAPP. On May 23, 2006 (Item 16DI0), the Board of County
Commissioners approved a plan to use the first $1.5 million of grant revenues to pay
down the debt incurred in the Naples Zoo and surrounding lands acquisition, and put the
balance (along with rent received from the Naples Zoo) toward development of Gordon
River Greenway Park.
,-.
Growth Manaaement Impact: The Florida Forever Program rewards projects that
demonstrate consistency with the local comprehensive plan. Purchase and proposed
Agenda Item No. 1604
November 14, 2006
Page 2 of 21
development of the property is consistent with numerous directives of the Growth
Management Plan. Gordon River Greenway Park is inventoried in the Growth
Management Plan.
Recommendation: That the Board of County Commissioners I) approves a Florida
Communities Trust grant contract for partial reimbursement for the purchase of Gordon
River Greenway Park (lands surrounding the Naples Zoo) and authorizes the chairman to
sign; 2) authorizes the Public Services Division Administrator to execute all documents
in connection with each project, as contemplated in the agreement; and 3) approves any
necessary budget amendments.
Prepared by: Amanda O. Townsend, Operations Analyst, Public Services Division
-
-
Item Number:
Item Summary:
Meeting Dale:
Agenda Item No. 1604
November 14, 2006
Page 3 of 21
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1604
Recommendation to approve a Florida Communities Trust grant contract for partial
reimbursement for the purchase of Gordon River Greenway Park (lands surrounding the
Naples Zoo) and authorize the County Manager to execute all documents In connection with
each project, as contemplated in the agreement
11/14/200690000 AM
Executive Secretary
Date
Approved By
Kathy Carpenter
Public Services
Public Services Admin,
10130/200612:20 PM
Marla Ramsey
Public Services Administrator
Date
Approved By
Public Services
Public Services Admin.
10/31/20062:08 PM
Marlene J. Foord
Grants Coordinator
Date
Approved By
Administrative Services
Administrative Services Admin.
10131/20064:34 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
11/1/20068:36 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/6/200611:36 AM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
11/6120062:32 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
11/7/2006 1 :14 PM
Agenda Item No. 16D4
November 14, 2006
Page 4 of 21
PCT Contract Number -CT-
FLORIDA COMMUNlTlES TRUST
06-043-FF6
GORDON RIVER GREENWAY PARK
CSF A # 52002
GRANT CONTRACT
TIllS AGREEMENT is entered into bv and between the FLORIDA CO.MJ\.fiJNITIES TRUST
..
("FCT')) a non-regulatory agency within the State of Florida Department ofCommunit)f Affairs, and
COlLIER COUNTY. a local government of the State of Florida e'Recipient").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS. the intent of this Agreement is to impose terms and conditions on the use of the
proceeds of certain bonds, hereinafter described, and the lands acquired Vl'ith such proceeds ("Project
Site"), that are necessary to ensure compliance \\1th applicable Florida law and federal income tax
la"" and to otherwise implement the provisions of Sections 259.105,259.1051 and Chapter 380, Part
ill, Florida Statutes;
WI IEREAS, Chapter 380, Part m, FJa. Stat., the Florida Communities Trust Act, creates a
non-regulatory agenc.y within the Department of Community Affairs ("Department") .which v.'i.ll
assist local governments in bringing into comp] iance and implementing the conservation. recreation
and open space, and coastal elements of their comprehensive plans or in conserving natural resources
and resolving land use conllicts by providing financial assistance to local governments and nonpro'fit
environmental organizations to carry out projects and activities authorized by the Florida
Communities Trust Act.;
WHEREAS, FeT is funded through either Section 259.105(3)(c), PIa. Stat. of the Florida
Forever Act. which pro\,jdcs for the distribution of twenty-two percent (22%), less certain
reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other
revenue source designated by the Florida Legislature to provide land acquisition grants to local
governments and nonprofit environmental organizations for the acquisition of community-based
projects, urban open spaces, parks and greenways to implement local comprehensive plans;
"WHEREAS, the l:;lorida Forever Revenue Bonds are issued as tax-exempt bonds, meaning
the interest on the bonds is excluded from the gross income of bondholders for lederal income tax
purposes;
WHEREAS, Rule 9K-7, Plorida Administrative Code (<OF .A.C.") sets forth the procedures for
the evaluation and selection oflands proposed for acquisition and Rule 9K-8, F.A.C. sets forth the
acquisition procedures;
WHEREAS, on September 14.2006 the FeT Governing Board scored, ranked and selected
projects to receive approval for [lIDding;
~-043-FF6
Oct. 17.2006
Pre-acquisition
-1-
Agenda Item No. 1604
~..Jovember 14, 2006
Page 5 of 21
WHEREAS. the Recipients project, described in an application submitted for evaluation, was
::;.e lcctcd for funding in accordtmce with Rule 9K -7. F .A.C... and by executing this Agreement the
Recipient reaffirms the representations made in its application;
WHEREAS, Rule 9K-7.009( 1), F.A.C. authorizes FeT to impose conditions for funding on
those FCTapplicants whose projects have been selected for funding;
WHEREAS. Rule 9K-7.003(5) F.A.C., recognizes real property owned by the Recipient and
included in the application as part of the Project Site as an eligible source ofMatch, provided thatthe
real property owned was acquired hy the Recipient within 24 months prior to the application deadline
for which the application was made. The date of this application deadline was May 10.2006;
\VHEREAS. the Redpient acquired fee simple tiUe to the entire Project Site on
~,<,~b..... 1<1 J_2.0t><;' (Insert date[:.]) from T/-v T P<<<~t FI' 71171Ll, 12.1A.C9.
(Insert Seller name[sJ);
WHEREAS, the Recipient v.ill request disbursement ofFCT Florida Forever Bond proceeds
for the reimbuTSL"'IIlCnt of Project Costs expended by the Recipient for the acquisition of the Project
Site; and
WHEREAS, the purpose of this Agreement is to set forth the conditions that must be
satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as
well as the restrictions that are imposed on the Project Site subsequent to reimhursing the Recipient
for Project Costs.
NOW THEREFORE, rCT and the Recipient mutually agree as follows:
I. PERIOD OF AGREEMENT
1. This Agreement shall begin upon the Recipient's project being selected for funding
and shan end April l't 2067 ("Expiration Datc'"), unless extended as set forth below or unless
terminated earlier in accordance Vi,fith the provisions of Article xm of this Agreement.
2. FCT may extend this Agreement beyond the Expiration Date if the Reciplent
demonstrates that ~i gnificant progress is being made toward Project Plan approval or that extenuating
circumstances wamrnt an extension of time. A rcquest for an extension shall runy eXl'lain the reason
for the delay rmd why the extension is necessary and shalt be provided to FCT in accordance ",.ith
paragraph V .1. prior to the Expiration Date. If the Recipient does not request an ex tension., or if a
requested extension is not granted by FCT, the Recipient's :nvard sball be rescinded and this
Agreement shall terminate.
06-043-ffl
oct. 1'7,2006
Pn-8':quiriltlOfl
.2-
Agenda Item ~~o. 1604
November 14,2006
Page 6 of 21
D_ MODIFICATION OF AGREEMENT
1. Either party may request modification oftbe provisions of this Agreement at any time.
Changes which are mutually agreed upon shall be valid only when reduce{j to writing and duJy
signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement.
IU. DEADLINES
1. At 1 east two original copies ofth.is Agreement shall be executed by the Recipient and
returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2] 00, as soon as
possible and before November 24, 2006. Tfthe Recipient re.quires more than one original document.,
the Recipient shall photocopy the number of additional copies needed and then execute each as an
original document. Upon receipt of the signed Ab'Teements, FCT shaH execute the Agreements,
retain onc original copy and return all other copies that have been execut.ed to the Recrpient.
2. The Recipient and its representatives shall know of and adhere to all project deadlines
and devise a method of monitoring the project. Deadlines stah..~ in this Agreement. as \vell as
deadlines a,<;sociatcd ,",vith any FeT activity relating to the project. shall be strictly enforced. Failure
10 adhere to deadlines may result in delays in the project, allocation of time or resources to other
recipienl'i that respond timely or the 1ermination of this Agreement by FCT.
3. The Recipient shall submit the documentation required by this Agreement lo FeT as
soon as possible so that the Project Costs may be reimbursed in an expeditious manner.
4. The Recipient shall provide a monthly status report to FCT of its progress towards
reimbursement of the Project Costs.
5. The Recipient shall provide-the appraisal(s) required by 9K-g.007, F.A.C. tofCT [(It
review by a date 110ttO exceeD ninety (90) days after the Reclpicnfs project is selected for funding.
'1ne appraisals shall be revle\ved and, upon npproval, the Maximum Approved Purchase Priet':
('''T\.1APP''), as provided in Rule 9K-8.007(5) and (6). F.A.C., shall be determined.
IV. FUNDING PROVISIONS
1. The peT Florida Forever award granted to the Recipient ("FCT Award") will in no
event exceed the lesser of Sh1y Percent (60%) of the final Project Cost.s, as defined in Rule 9K-
7.002(29), F.A.C., or Nine Million Nine Hundrc.d Thow,and Dollars And Zero Cents
($9,900,OOO.()()), unless FCT approves a different amount after detemlination of the MAPP.
The FeT Aw'ard is based on the Recipient's estimate offmal Project Costs in its application, as well
as the Limitation of Award provided in Rllle 9K-7.003(3), F.A.C. and advertised in the Notice of
Application. \:ilhen disbursing the FCT Award, Fer shall recognize only those Project Costs
consistent with the definition in Rule 9K-7 JJ02(29), F .A.C. FeT shall participate in the land cost at
either the actual purchase price or the 1V1APP. whichever is less~ multiplied hy the percent slated in
the above para.b1Taph.
06-043- FF6
Od. 17.20116
Pre-9cq uisitiGn
-3-
Agenda Item No. 1604
November 14, 2006
Page 7 of 21
2. The FCTGovermng Board selected the Recipient'sapplication for funding in order to
acquire the entire Project Site identified in t]le Application. FeT reserves thc right 10 withdraw or
adjust the FCT Award if the acreage that comprises the Project Site is reduced or the project design
is changed so that the objectives of the acquisition cannot be achieved. FeT shaH consider any
request for Project Site bOWldary modification in accordance with the procedures set forth in Rule
9K-7.010, F.A.C.
3. The FeT A ward shall be delivered ei ther in the form of Project Costs prcpaidby FCT
to vendors or in the form ofa State of Florida warrant to the Recipient. The FCT Award shall only
be delivered after FeT approval of1he Project Plan and Project Site acquisition terms. }:'CT shall
prep3re a grant reconciliation statement prior to the reimbursement that evidences the amount of
Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds
expended by FCT for Project Costs shall be recognized as part of FCT Award on the grant
reconciliation statement.
4. ]f a Match is required, it shall be delivered in an approved fonn as provided in Rule
9K-7,002(22), F.A.C. If the value ()fPre-acquired land, as defined by Ru1e 9K-7.002{28), F .A.C., OT
donated land is the source ofth!: Match, the MAPP shall determine the value of the Match. Funds
expended by the Recipient for Project Costs shall be recognized as part of the Match on the grant
reconciliation sl.atement,
5, By executing this Agreement, the Recipient affirms that. it is ready, \"tilling and able to
provide a Jvfatch, if any is required,
6, Fer s perfOD1lanCe and obligation to pay under this Agreement is c.ontingeot 1.1pon an
annual appropriation by the Florida Legislature, and is subject to any modification in accordance
with Chapter 216, Fla. Stat. or the Florida Constitution.
V. NOTICE AND CONTACT
L All notices provided under or pursuwl1 to tills A.6Jfeement shall be in .vriting and
delivered either by hand delivery or first class, certified mail, return receipt requested, to:
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
06-043-FE<'6
Oct. 17. 2006
Pre-acquisition
-4-
,A,genda Item No. 16D4
November 14, 2006
Page 8 of 21
2. All contact and correspondence from FCT to the Recipient shall be through the
key contact. Recipient hereby notifies FCT that the follo\\>ing administrator~ officer or employee
is the authori:t.ed key contact on behalf of the Recipient fi)T purposes of coordinating project
activities for the duration ofthe project:
Name: --AWt~~.;2 J6h!Vt~'v>.o).O
Title: ~#'a.-h.,~ I>, AII;;)..\'1~-t
Address: ~} E. T 3v'-'l...........;\ It"' IslA W t2n.t 217
_J~j ~l~<; '?- 3'1\12. v
Phone: 2.34 <;""50 lo~~~
Fax: '2~'7 no ~7f.c3
E-mail:~.....~_Jt~-+OWl..l.~.j((~~.o)\.ce^c:s:>v.ru.+
3. The Recipient authorizesl11e administrator, employee, officer or representative runned
in this paragraph to execute all documents in connection v.rith this project on behalfofthe Rccipien~
including, hut not limited to, the Gmnt Contract or any addcnda thereto. grant reconciliation
~talcmcnt. statements submitted as a part of the Project Plan and Dcclaration of Restrictive
Covenants.
Numc: Mow-I,;}. E~~
Title:
jJ' I' <:'" '
I 1110 'c. (\(:....'..i/(~-':-:-~
A)) >'\.'\;"",$ ~r?;;;J~pt~
,..- -... --
Addre~s.". ~Y)r'..l.. r- 1-.. I
;:> ~ _~'::: ....:. . "";A4I, ,:".0/1,'\ . C_
{'.,J ':'>1n! It.<:. q,,-_I~lJLZ,
"IAQ II
if !~ IJ
J
-:? .- .-')
fC.-t--v, Lt i
Phone: Z~~ 174
tg4 ~g
Fax:
73~1
"}-?"-,
, "':;-.L.
Z 'S""'2. S
Email: ilvt;:s.v-!:ol y"-bl-\A~~~ (';;,('J::~ ihclI"'cov f1I2....L
I (..)
4. In the event that different represl:ntativcs or addresse~ are designated rOT either
paragraph 2.. or 3. above at1er execution of this Agreement, notice of the changes shall be rendered to
FCT as provided in paragraph J. arxwe.
5. The Recipient l1erehy notifies FCT that the Recipient's Federal Employer
Identification Number(s) is S--l' (.0 i)tlO S"<:"t:
VI. PRO.fEeT PLAN APIlROV AL; PRE-CLOSLNG REQUIREMENTS
1.. Prior to the final disbursement ofthc FCT A ward, the Recipient shall submit to FeT
and have approved a Project Plan that comp1ie~ with Rule 9K-8.011, F.A.C. The Project Plan shall
06-043-1,'.16
Oct. 17. 2006
rn.'-llcqui~ition
-5-
Agenda Item No. 1604
November 14, 2006
Page 9 of 21
noL be considered by peT unlcss it is organized v"ith a table of contents and mcludes all of the
following documents to ensure that the interest of the Slate of Plorida will be pro1.t."Cted:
a. Closing documents associated with the parceI(s):
(1) A copy of the Purchase Agrecment(s) for sale and purchase of the
parcel(s) bctween the Recipient and ~ T nJl.5} ~...
vulo.Lll,. L~_ (Insert name[s] ofSeller[sl).
(2) A copy of closing statements from Buycr(s) and Seller(s) for the
purchase of the parcel(s).
(3) A copy of the recorded deed(s) evidencing conveyance oftitle to the
parcel(s) to the Recipient.
(4) Certified survey(s) of the parcel(s) that meets the requirements of
Rule 9K-8.006. F.A.C., and is dated \vithin ninety (90) days of the
date of acquisition of the parce1(s) by the Recipient.
(5) A copy of the title insurance polk-y(s) evidencing marketable title in
Recipient to the paree1(s) and cffec..1.ive the date of acquisition of the
paredes) by the Recipient, including a statement from the title insurer
as to the minimum promulgated rate if premiwn "vas paid hy
Recipient~ and all dOCUmL':J11S referenced in thc title poliey(s).
(6) Environmental site assessment(s) of the parcel(s) certified to the
Recipient, \vhich meets the standards and requirements of ASTM
Practice E 1527, and with a date or certification wiLhin ninety (90)
days of the daLe of acquisition of the parcel(s) by Recipient, together
\Ii,rith the statement required b)r Rule 9K-8.0J2(4), F.A.C.
b. A letter from FeT indicating approval of tile Management Plan writt.en in
accordance ,....ith Rule 9K-7.011, F.A.C., and as described in Article VII
below.
c. A statement ofthe Project Costs.
d. A stid.emcnt of toe mnount of the award being requested from FCT.
e. Supporting documentation that the conditions imposed as part of this
Agreement have been satisfied.
f. A signed statement by the Recipient that the Recipient is not aware of any
pending criminal, civil or regulatory violations imposed on the Project Site by
3IlY governmental agency or body.
06.043~FF6
Oct. 17. 2006
Pr~-n('qu.i~ltion
.6-
Agenda Item 1\10. 16D4
November 14, 2006
Page 10 of 21
g, A signed statement by the Recipient that all activities under this Agreement
comply will all applicable local. slate, reginnal and re.deral laws and
regulations. including zoning ordinances and the applicable adopted and
approved comprehensive plan.
h. Additional doc,umentation as may be requested by FCT to provide
Reasonable Assurance, as set forth in paragraph VilA. below.
') FeT shall approve the tcrms under which the. interest in land is acquired pursuant to
Section 380.510(3), Fla. Stat. Such approval is deemed given ",then FCT approves the Project Plan
containing a COP)' of the document(s) vesting tiUe to the Project Site in the Recipient.
3. AU real property shall be obtained through a Voluntarily-Negotiated
Transaction, as defined in Rule 9K-7.002(41). The use of or threat of condemnation i!\ not
considered a Voluntarily-Negotiated Transaction.
4. All invoic,es for Project Costs, vl"ith proof of payment, shall he submitted 10 FeI and
be in a detail sufficient for a proper audit thcreof.
5. The Recipient may. and is strongly encouraged to, request a courtesy review of its
Project Plan prior to its submission for approval.
6. Reimbursement for Project Costs shall not occur until after FCT approval of the
Project Plan.
VII. MANAGEMENT l)LA.~. ANNllAI" STEWARI>SIUP REPORT
I. Prior to approval of the Project Plan and final disbursement of the FeT Award, the
Recipient shall submit to FeT and have approved a J\,'1anugement Plan that complies 'with Rule 9K-
7.011, F.A.C. and addresses the criteria and conditions set forth in Articles VII, VTIl, IX, X, and Xl
herein.
2. The Management Plan explains hm.\-' the Project Site wiU be managed to further the
purposes of the project and meet the terms and conditions of this Agreement. The Management Plan
shan include the following:
a. An introduction containing the project name, location and other background
information relevant to management.
h. The stated purpose for acquiring tbe Project Site as proposed In the
application and a prioritized list of management objectives.
06-Q43-FFi
Oct. 17.1(1006
f'Te...DcquLiiti(ll)
-7-
Agenda Item No. 16D4
November 14,2006
Page 11 of 21
c. The identification ofkno\\lll natural resources including natural communities.
listed plant and animal specie:s~ soil types., and surface and groundwater
characteristics.
d. A detailed description of all proposed uses including existing and proposed
physical improvements and the impact on natural resources.
e. A detailed description (.lfproposed restoration OT enhancement activitie~ if
any, including the objective of the effort a.nd the techniques 10 be ll..'loo.
f. A scaled site plan drawing shmving the Project Site boundary, existing and
proposed physical improvements and any natural resource restoration or
enhancement areas.
g. The identification and pt"ot.ection of known cultural or historical resources
and a commitment to conduct surveys priorto any ground disturbing activity~
if applicable.
h. A description of proposed educational displays and programs to be offered, if
applicable.
1. A description of how the management will be coordinated VIo1th other
agencies and public lands, if applicable.
j. A fichedule for impkml~ntillg the development and management activities of
the Management Plan.
k. Cost estimates and funding sources to implement the Management Plan.
3. rf the Recipient is not the proposed managing entity, the Management Plan shall
include a signed abrreenlcnt bemreen the Recipient and the managing entity stating the manuging
entitis v.,;1lingness to manage the site, the manner in which the site vvi11 be managed to further the
purposc(s) of the project aDd the identification of the source of funding for management.
In the event that the Recipient is a partnership, the Recipient shall also provide FeT with the
inter10cal agreement that &""ls forth the relationship among the partners and the fiscal and
management responsibilities and obligations incurred by each partner for the Project Site 8,.<; a part of
its Project Plan.
4 . To ensure that future management funds will be available for the management of the
site in pelpetuit)' pursuant to Section 259.105 and Chapter 380, Part lIT, Fla. Stat., the Recipient(s)
shall be required to provide FeT with Reasonable Assurance. pursuant to Rule 9K-7.002(32),
F.A.C., that it has the financial resources. background, qualifications and competence Lo mana.ge the
Project Site in perpetuity in a reasonable and professional manner. \Vhcre the Recipient does not
include at least one Local Government, FCT may require the Recipient to do one, or more~ of the
06-043-FFt.
Oct. 17, 2006
Pre-acquisitWn
-8-
Agenda Item No. 1604
r-Jovember 14. 2006
Page 12 of 21
fi)l1owing: post a performance or other bond in an amount sufficient to ensure that the Project Site
shall be reasonably and professionally managed in perpetuity; establish all endmvment or other fund
in an amount sufficient to ensure performance; provide a guaranty or pledge by the Loc.a1
Government, in whose jurisdiction the Project Site is located, which shaH require the Local
Government to take over the responsibility for management of the Project Site in the event the
Recipient is unable to, and may require the Local Government to be a named co-signer on the
Declaration of Restrictive Covenants; or provide such other assurances as the Governing Board may
deem necessary to adequately protect the public interest.
5. The Recipient shaH, through its agents and employees. prevent the unauthorized use
of the Project Site Of any use thereo f not in con Connity witb the Management Plan approved by }:iCT.
6. All buildings, structures, improvements and signs shall require the prior written
approval ofFC"r as to purpose. Further, tn,'C removal, other than non-native species, and majorland
alterations shall require the v..'JiLten approval of FeT. The approvals required from FCT shall not be
unreasonably withheld upon suffidenl demonstration th..'it the proposed structures, buildings.
improvements, signs, vegetation removal or land alterations ,viII not adversely impact tile natul&J
re$OLLrccs oftlle Project Site. FCT's approval of the Recipient's Management Plan addressing the
items mentioned herein shall be considered ,...'ritten approval from FeT.
7. As required by Rille 9K-7.013, F.A.C., eachycMafter FCTreimbursementofProjcct
Costs the Recipient shall prepare and submit to FeT an annual stewardship report that documents the
pmb'iCSS made on implementing the Management Plan.
vnt. SPECIAL MANAGEMENT CONDITIONS
in addition to the Management Plan conditions already descrihed in this Agreement, ,},,'bleh apply to
all sites acquired vrith FeI funds, the Management Plan shall address the following conditions that
are particular to the Project Site and result from either commitments made in the application that
received scoring points or observations made by FCT staif during the site visit described ill Rule 9K-
7.009{l), F.A.C.:
1. Two or more resource-based ouidoor recreational facilities ine] uding a canoelkayak:
lallllch, picnic pavilions and trails shall be provided, The facilities shall be developed in a
manner that allows the general public reasonable acce5S for observ'ution and appreciatiun of the
environmental resources on the project site v,,;thout causing haml to those resources.
2. Two or more user-oriented outdoor recreational facilities including playgrounds and
hall fields shall be provided ,vithin 1,000 of the project site. Public walkways and pedestrian
crossings shall be provided to allow for safe connection between the project site and user-
oriented facilities within 1,000 feet of the project site. 1be facilities shall be located and
designed to have minimal impacts OIl natural resources OIl the proje.ct site.
3. A permanent recognitjon sign, a minimum size of 3' x 4'. shall be maintained in the
entrance area ofthe project site. The sign shall acknowledge that the project site was pure.hased
06-043-FF6
Od.17.1.0n6
lOre-a cqui~ ition
-9-
Agenda Item No. 16D4
November 14. 2006
Page 13 of 21
"vith funds from the Florida Communities Trust Program and tbe Recipient.
4. Interpretive signage shall be provided to educate visitors about the natural environment
of the project site.
5. At least 12 regularly scheduled and ongoing educational classes or programs per )'ear
that promote the protection of environmental resources shaJI be provided a1 the project site.
6. A survey of the natw-al communities and plant species on the proj~1. site shall be
conducted prior to the development of the project site. The survey shall be used during
development of the site to ensure the protection, restoration, and preservation of the natural
communities on the project site
7. The natural communities tha1 occur on the project site shall be preserved and
appropriately managed to ensure the long-term viabil ity of these communities.
8. 'Ibe project site shall be managed in a manner that will protect and enhance t.he listed
m...d non-listed native'wildlife species and their habitat. Periodic sW"Veys shall be condtlcted of
listed species using the project site.
9. The location and design of any parking facility shall be designed to have minimal
impacts on natural resources. The parking area shall incorporate pervious materials wherever
feasible.
10. The quality of surface ,"vaters shall be improved by the inslallation of stormwater
facilities on the project site thai provide .vildIife habitat andlor open space in a park like setting.
'[be development of the stomnvater facilities shall be coordinated with the South Florida V\I'ater
Management District.
11. Any proposed stonnwatcr facility for the project site shall be designed to provide
recreation open space or wildlife habitat
12. A comprehensive land.,>caping plan will be developed for the project site. The
landscaping plan will make significant use of native plants.
13. An ongoing monitoring and control program for invasi ve vegetation inel uding exotic
(non-native) and nuisance native plant species shall be implemented at the project site. The
objective of the control program shall be the elimination ofinvasive exotic plant species and the
mainfenance ora diverse association ofna.tivc vegetation. The management plan shall reference
the Exotic Pest Plant. Council's List of Floridals Most lnvac;ive Species to a."sist in identifying
invasive exotics on the project site.
14. A feral animal removal program shall be developed and implemented for t.he project
site.
06-t143-Ff.'6
Oct. 17.2006
Pre-lIcquisition
-10-
Agenda Item ~~o. 16D4
November 14, 2006
Page 14 of 21
15. An archaeological survey shall be preformed for any area within the project site
proposed for development prior to the commencement of proposed development activities in that
area All planned activities involving known archaeological sites or identified site area<; shall be
closely coordinated v"rith the Department or State, Division of Historical Resources in order to
prevent the disturbance of signi ficant sites. A protection plan shall he developed and
implemented in conjunction with the Division of Historical Resources for the protection of
known historic sites located on the project site.
16. Sidewalk access to the project site shall be provided thallinks the proje-et site with
ad j ac.ent residential neighborhoods..
17. Bike parking stands shall he installed at the project site to provide an alternative to
automobile transportation to the project site.
18. The development and management of tlle project site shall be coordinated with the
agencies managing the multi-jurisdictional recreational trails in Collier County, to ensure the
project site is managed as part of a linked trail system.
19. The project site shall be protected and managed a...;; part of an ecological corridor
",rithin the County's designated Gordon River Greenway.
IX. DECLARATION OF RESTRICTIVE COVENANTS REQUIREMENTS IMPOSKD
BY CHAPTER 259 AND CHAPTER 380, PART nI, FLA. STAT.
1. Each parcel in the Project Site to ,,,'hieh the Recipient acquires title shall be subject to
a Declaration of Restrictive Covemml<; describing the parcel and containing such covenants and
restrictions as arc, at a minimum, sufficient to ensure that the use of the Project Site at aJl times
complies ,\;th Sections 375.051 and 380.510, Fla. StEt.; Section 11(0), Article vn of the Florida
Constitution; the applicable bond indenture under which the Bonds were is~ucd; and an)! provIsion of
the Internal Revenue Code or the regulations promulgated thereunder 1hat pertain to tax exempt
bonds. The Declaration of Restrictive Covenants shall contain clauses providing for the conveyance
of title to the Project Site to the Board of Tmstees of the Internal fmprovement Trust Fund
("'Trustees"), or a nonprofit environmental organiL"ltion or government entity, upon till lure to comply
.."ith any of the covenants and restrictions, us fUrther d~scribed in parablT"J.ph 3. below.
2. The Declaration of Restrictive C<.lVenants shall also restate the conditions that were
placed on the Project Site at the time ofproject selection and initial grant approya1. The Declaration
of Restrictive Covenants shall be executed by FCT and the Recipient at the t.ime of reimbun;emcnt of
Project Costs and shall be recorded by the Recipient in the county(s) in which the Project Site is
located.
3. If any esst.'tltial term or condition of the Declaration of Restrictive Covenants is
violated by the Recipient or by ;;orne third party with the knowledge of the Recipient, the Recipient
shaJJ be notilicd of the vi.olation by written notice given by personal delivery, registered mail or
registered expedited service. The recipient shall diligently commence to cure the violation or
~043-FF(j
Oct. 17.20116
Pre-acquisition
-11-
Agenda Item No. 1604
November 14, 2006
Page 15 of 21
complete curing activities wi thin thirty (30) days after receipt of notice of the violation.. If the curing
activities can not be reasonably completed ",ith.in the specified thirty (30) day time frame. the
Recipient shall submit a timely written request to the FCT Program Manager that includes the status
of me current activity, the reasons for the delay and a time frame for the completion of the c.UTing
activities. FCT shall submit a 'written response 'within thirty (30) days ofre~eipt of the request and
approval shall not be unreasonably withheld. It is j.'CT's position that all curing activities shall he
completed within one hundred twenty (120) days of the Recipienfs notification of the violation.
However. if the Recipient can demonstrate cxtenuating circumstances exist to justify a greater
extension of time to complete the activities. FCT shall give the request due consideration. if the
Recipient fails to correct the violation within eitber (a) the initial thirty (30) daytime frame or (b) the
time frame approved by FeT pursuant to the Recipient's request, fee simple title 10 all int.erest in the
Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement 'With another local
government, nonprofit environmental organization., the Florida Division of Forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protcction or a Water
Management District, who agrees to accept title and manage the Project Site. FCT shall treat such
property in accordance \'~:ith Section 380.508(4)(e), Fla. Stat.
X. GENERAL OBLIGA TJONS OF THE. RECIPIENT AS A CONDITION OF PROJECf
FUNDING
1. The interest acquired by tbe Recipient in the Project Site shall nol serve as security for
any debt oftl1e Recipient
2_ If the existence of the Recipient terminates for any reason. title to the Project Site
shall be conveyed to the Trustees unless FCT negotiates an agreement with another local
government. nonprofit environmental organization. the Florida Division of Forestry, the Florida Fish
and Wildlife Conservation Commission, the Department of Environmental Protection or a Water
~.1anagement District who agrees to accept title and manage the Project Site.
3. Following !.he reimbursement of Project Costs, the RecipicntshalJ ensure that the
future land use designation assigned to the Project Site is for a category dedicated to open space,
conservation or outdoor recreation uses, as appropriate. If an amendment to toe applicable
comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan
amendment cycle available to the Recipient subsequent to the reimburscment of Project Costs.
4. Fer stair or its duly autbmlzcd representatives sh..1.ll have the right at any time to
inspecllhe Project Site and Ule operations ufthe Recipient at the Project Site.
XI. OBLIGATIONS OF THE RECIPIENT RELATiNG TO THE lJSE OF BOND
PROCEEDS
1. FCT is authorized by Section 380510. Fla. Stal 10 impose conditions for funding on
the Recipient in order to ensure that the project complies with the requirements for the use of Florida
Forever Bond proceeds including. without limitati(>n, the provisions of the Internal Revenue Code
and the regulations promulgated thereWlder as thc same pertain to tax eXeIJ'lpt bonds.
006-U43~It'F6
Oct. 17.2006
Pr~-acquisition
-12-
,L'>.genda Item No. 16D4
November 14. 2006
Page 16 of 21
2. The Recipient agrees and acknowledges that the, below listed transaclions~ events, and
circumstances, collectively referred to as the "disaJlowable activities,r' may be disallowed on the
Project Site as they may have negative legal and tax consequences under Florida law and federal
income tax law. The Redpient further agrees and acknowledges that these disallowable activities
may be allowed up to a certain extent based on guidelines Of tests outlined in the Federal Private
Activity regulations of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to a non-governmental
person or organi.7.ation;
b. the operation of any concession on the Project Site by a non-governmental
person or organization;
c. any sales contract or option to buy Of sell things attached to the Project Site to
be severed from the Project Site ,,\~th a non-governmental person Of
organization;
d. any use of the Project Site by a non-governmental person other lhan in such
per~on's capacit)" as a member of the general public~
c. any change in the char-deter or use of the Project Site from that use expected
at the date of the issuance of any series of Bonds from which the
disbursement is to be made:
f. a management contract tor the Project Site \vith a non-governmental person
or organization; or
g. such othc'f activity or interest as may be speci fled from time to time in "'Tiring
by FCT to the Recipient.
3. If the Project Site, after its acquisition by the Recipient and/or the Trustees. is to
remain subject to any of the disal10wable activities, the Recipient shall provide notice to FeT, as
provided for in paragraph V.I., at least sL-..;ty (60) calendar days in advance of any such transactions,
events or circumstances, and shall provide to FCT such infonnation as FeT reasonably requests in
order to evaluate tor approval the legal and tax consequences of such disallowable activities.
4. In the event that FCT detenllines at any time that the Recipient is engaging, or
al1cwdng others to eng'a.ge, in dis...1.11owable ac.tivi1ies on the Project Site, the Recipient shall
immediately cease or cause the ces~ation ofthe disallowablc activities upon receipt of-written notice
ITom FCT. in addition to all other rights and remedies at law orin equity, FCT ~haIl have the right to
seek temporary and permanent injunctions against the Recipient for any disal1mvable activities on the
Project Site.
06..(143-1<'(-,"6
Oct. 17. 2006
rl'f-acquisition
-13-
Agenda Item No. 16D4
November 14, 2006
Page 17 of 21
DELEGATIONS AND CONTRACTIJAL ARRANGEMENTS BETWEEN THE RECIPIENT AND
allIER GOVERNMENTAL BODIES. NONPROFIT ENTlTlES OR NON GOVERNMENTAL
PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE \"lLL IN NO WAY
RELlEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE
CONDITIONS IMPOSED HERErN ON THE PROJECT SITE AS A RESULT OF UTILIZING
BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FmL Y COMPLIED wrnr BY
THE CONTRACTING PARTY.
XII. RECORDKEEPING; AUDIT REQUIREMENTS
1. The Recipient shall maintain financial procedures and support documents. in
ac.cordance with generall>r accepted accounting principles, to account for the receipt and expenditure
of funds under this Agreement. These records shall be available at an reasonable times for
inspection, review or audit by state personnel, FeT and other personnel duly authorized by FCT.
"Reasonable 11 shall be construed according to the circumstances, but ordinarily shall mean the normal
business hours of8:00 a.m. to 5:00 p.m., local time, Monday through Friday.
2. If the Recipient expends a total amount of State financ,ial assistance equal to or in
excess of $500,000 in any fiscal year of such Recipit...'Ilt, the Recipient must have a State single or
project-specific audit H:lT such fiscal year in accordance with Section 215.97, Fla. Stat.. the applicable
rules of the Executive Office of the Governor and the ComptTOUcr and Chapter 10.550 (local
government entities) or Chapter 10 _65 0 (nonprofit. organizations). Rules of the Auditor General. In
detennining thc State financial assistance expended in its fisi:a] yen!', the Recipient shall consider all
sources of State financial assistance. including State funds received from FCT, other st.ate agencies
and other non~statc entities. State financial CL<;sis.tance. does not include Federal direct or pass-
through a,-vards and resources received by a non-slate entity for Federal program matching
requirements. The funding for this Agreement was received by peT as a grant appropriation_
In connef.."t.ion VIlith the audit requirements addressed abclVc. the Recipient :shall ensure that the audit
complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a
reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local
government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General.
3. lftbe Recipient expends less than $500,000 in State financial assistance in its fiscal
year, an audit conducted in accordance v.lth the provisions of Section 215.97, FIa.. Stat. is not
required. if the Recipient elects to have an audit conducted in accordance ,villi the provisions of
Section 215.97, Fla. Stat., the cost of the audit must be paid from mm-State funds (i.e., the cost of
such an audit must be paid from Recipient funds not obtained from a State entity).
4. The annual financial audit report shall include all management letters, the Rccipient's
response to aJ I findings, including cmrec.tive actions to be taken. and a schedule of financial
assistance specifically identifying all Agreement and other revenue by sponsoring agency and
agreement munber. Copies of financial reporting packages required under tins Article shall be
submitted by or on behalf of the Rcc.ipient directly to each of the following:
06..(l43-ft'F6
O>C:L J 7. 2006
Pre-lIcq uisition
- 14-
Agenda item No. 1604
r..Jovernber 14, 2006
Page 1,g of 21
Department of Community Ai:fairs (at each of the following addresses);
Office of AuditSen1:ces
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
Florida Communities Trust
2555 Shumard Oak Boulevard
Tallaha'isee, Florida 32399-21 00
State oCFlorida Auditor General at the follo",rjng address:
Auditor General's Office
Room 401, Claude Pepper Building
111 We~t Madison Street
Tallahassee, Florida 32302-1450
5. If the audit shows that any ponion ofthe funds disbursed hereunder were llotspcntin
accordance 'A1th the conditions of this Agreement, the Recipient shall be held liable rOT
reimbursement to FeT of all funds not spent in accordance v,1th the applicable regulations and
Agreement provisions within thirty (30) days after peT has notified the Recipient of such non-
compliance.
o. The Recipient shall retain all financial records, supporting document.s, statisticaJ
records and <m)' other documents pertinent to this Agreement for a period of tive (5) years after the
date of submission of the fin.."t! expenditures report. However, if litigation or an audit has heen
initiated prior to the expiration of the five-year period. the records shall be remincd until the
litigation or audit findings have been resolve.d.
7. The Recipient shall have all audits completed in accordance ",ith Sc.ction 215.97,
Fla. Stat. performed by an independent certifled public accountant (;,;,IP A") \'""ho shall eil.her be a
certified public accountant or a publlc accountant licensed wldcr Chapter 473, Fla. Stat. The IrA
shall state that the audit complied \7"it11 the applicable provisions noted above.
XlII. DEFAULT; REMEDIES; TERMINATION
1. Trthe necessary funds are not available to fund this Agreement as a 1\.'Su11 of action by
the Florida Legislature or the Office ofthc Comptroller, or if any of the events bclo\\o' occur ("Events
of Default"), aU obligations on the part of FCT to make any further payment of funds hereunder
shall. ifFCT so elects. terminate and FCT may. at its option. exercise any of its remedies set forth
herein, but FCT may make any payments or parts of payments after Lhe happening of any Events of
DeHm1t without thereby waving the right to exercise such remedies, and without becoming liable to
make any further pa)ment. The folhn>,,'ing constitute Events of Default:
a. If any warranty or representation made by the Recipient in this Agreement.
(t6..(WJ-FF6
Oct. 17, W06
Pr~cquisitiOJJ
-15~
Agenda Item No. 1604
November 14, 2006
Page 19of21
any previous agreement with FCT or in any docwnent provided to FeT shall
at any time be false or misleading in any respect) or if the Recipient shall fail
to keep, observe or perfonn any of the terms or covenants contained in this
Agreement or any previous agreement with FCT and has not cured such in
timely fashion, or is unable or unVlrilling to meet its obligations thereunder;
b. lfany material adverse ehange shall occur in the financial condition of the
Recipient at any time during the term oftrus Agreement from the linancial
condition revealed in any reports filed or to be filed with FCT. and the
Recipient fails to cure ~aid material adverse change \vithin thirty (30) days
from the date ",'fitten notice is scnt to the Recipient by FeT;
c. Ifanyreport.c; ordocumcntsrcquircd by this Agreement have notbeen timely
submitted 10 FeT or have b~'1l submitted "ith incorrec4 incomplete or
insufficient information; or
d. If the Recipient fails to perfonn and complete in timely fashion any of its
obligations under this Agreement.
2. Upon the happening of an Event of Default, FCT may, at it.. option. upon thirty (30)
calendar days from the date ">Witten notice is st,,"Ill to the Recipient by FCT and upon the Recipient's
failure to timely cure. exercise anyone or more of the following remedies, either concurrently or
consecutively, and the pursuit of anyone oft11c foUo\\Jing remedies shall not preclude FCT from
pursuing any other remedies contained herein or otherwise provided at law or in equity:
a. Terminate this Ab'Teement, provided the Recipient is given at least thirty (30)
days prior written notice of such termination. The notice shall be effective
when placed in the United States mall, first class mail, postage prepaid, by
registered or certified mail-return receipt. requested, to the address set fonh in
paragraph V.2. herein;
b. Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
c. Withhold or suspend payment oral! or any part of the FeT Award~
d. Exercise any corrective or remedial action..<:o. including, but not limited to,
requesting additional infomlation from the Recipient to determine the reasons
for or the extent ofnon~compliance or lack of performance or issuing a
written warning to advise that more serious measures may be taken ifthe
siulation is not cOlTected; or
e. Exercise any other rights or remedies. which may be othel'\\~se availahle under
law, including, but not limited to, those described in paragraph IX.3-
O(j.(l43--FF()
Oct. 17,2006
Pre-acquisition
-16-
Agenda Item No. 1604
November 14, 2006
Page 20 of 21
J. FCT may terminate this Agreement for cause upon written notice to the Recipient.
Cause shall include, but is not limited to: fraud; lack of complimlce with applicable rules, laws and
regulations~ failure to perform in a timely manner; failure to make significant progress tov.rard
Project Plan and Management Plan approval; and rcfusaJ by the Recipient to pemlit public access to
any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla$tat., as
amended. Appraisals. and any other reports relating to value, offers and counteroffers are not
available for public disclosure or inspection and are exempt from the provisions of Section
119.07(1), Fla. Stat. until a Purchase Agreement is cxcc.uted by the Owner{s) and Recipient and
conditionally accepted by peT, or irno Purchase Agreement is executed, then as provided for in
Sections 125.355(1)(a) and 166.045(1)(a)" Fla. Stat.
4. FCT may tenni nate thi s Agreement when it determines. in its sole discretion, thatthe
continuation of the Agreement would not produce beneficial results commensurate with the further
expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice.
5. The Rec.ipient may request termination orthis Agreement before its Expiration Date
by a '''Titten request fully describing the circumstances that compel the Recipient to terminate the
project. A request for temJinauon shall be provided to FeT in a manner described in paragraph V.I.
XlV. LEGAL A IJmORIZATJON
1. The Recipient certifies with respect to this Agreement that it possesses the legal
authority to receive funds to be provided under this Agreement and that, ifapplicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement
\vi1.h all covenants and ac;surances contained herein. The Recipient also certifies t.hat the undersigned
possesses the authority to legally execute and bind the Recipient to the terms of this AgreL'l1)cnt.
x:v. ST ANDARD CONDITIONS
1. This Agreemenl shall be cOllstmed under the lavlo's of the State of Florida, and venue
for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
con t1i ct with any applicable statute or rule, or is otheI"\vlse unenforceable, then such provision shall
be deemed null and void to the extent of such conniet and shaH be severable, but shall not invalidate
any other provision of this Agreement.
}, 1\'0 waiver by FCT or any tight or remedy granted hereUI'lder or failure to insist. on
strict pertormance by the Ret:ipient shall affect or extend or act as ::1 ,,,,rover of any other right or
remedy ofFCT hereunder, or affect the subsequent exercise oftbe same right. or remedy by PCT for
any further or :subsequent default by the Recipient. Any pow(~r of approval or disapproval granted to
FCT under the tenns of this Agreement shall survive the temlS and life of this Agreement as a whole.
3. The Recipient agrees to wmply "villi the Americans \Vith Disablllties Act (Puhlic
Law 101-336, 42lJ.S.C. Se.ction 1210] et seq.), if applicable, which prohibit..,; discrimination by
public and private entities on the basis of disahility in the areas of employment. public
accommodations, transportation, State and local government senices, and in tclccollummicatinns.
06-043-FF6
Oct. 17,2011-6
Pre-Acquisition
-17-
Agenda Item No. 1604
November 14,2006
Page 21 of 21
4. A person or affiliate who has been placed on the convicted vendor list follov.ring a
conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a
contraetto provide any goods or services to a public entity, may not submit a bid on acontractv.ri.th a
public entity for the construction or repair of a public building or public work, may not submit lease
bids on leases of real property to a public entity, may not be awarded or perform work as a
contractor. supplier, subcontractor) or consultant under acontract with a public entity, and may not
tran.sact business with any public entity ill excess of Category Two tor a period of thirty-six (36)
months from the date of being placed on the convicted vendor list or on the discriminatory vendor
list.
5. No funds or other resources received from FCT in connection with this Agreement
may be used directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
1bis Agreement embodies the entire agreement between the parties.
Ll>.l WTTN'tSS \\'HEREOF, the parties hereto have duly executed this A&,'l'CClllcnt.
COLLIER COUNTY
FLORIDA COlvfMUNITlES TRUST
By:
Print Name:
Title:
By:
Janice Browning
Division Director of Housing &
Community Development
Date:
Date:
Approved ~ Q ~d Le.galit)":';'-"7
By: ~.--
Print Name: ( r:' ~ , ~X:.:f-...--f:l:C.iL
Approved as to Form and Legality:
By:
'"
Kristen L. Coons
Trust Counsel
06-043- FF6
Oet. 17,llKNi
Pre..cqui$itillrl
-18-
,-
-
Agenda Item No. 1605
November 14, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize Domestic
Animal Services' Staff to research and propose an amendment to DAS Ordinance
93-56, as amended, and as codified as Chapter 14, Article II, in the Code of Laws
and Ordinances, which will include micro-chipping domestic animals, dangerous
dog classifications and procedures, and the ability to revise adoption fees by
resolution of the Board.
OBJECTIVE: For the Board of County Commissioners to authorize Domestic Animal
Services' staff to research and propose an amendment to DAS Ordinance 93-56, as
amended, and as codified as Chapter 14, Article II, in the Code of Laws and Ordinances,
which will include micro-chipping domestic animals, dangerous dog classifications and
procedures, and the ability to revise adoption fees by resolution of the Board.
DAS Staff will present the proposed amendment to the Board of County Commissioners
for approval at a future BCC meeting.
CONSIDERATIONS: DAS Staff recommends the following amendments to the DAS
Ordinance.
1.
Require micro-chipping of impounded animals. The Domestic Animal Services
Advisory Board ("DASAB") and DAS Staff recommend micro-chipping
impounded domestic animals prior to return to owner. The micro-chipping will
be performed on-site by trained DAS Staff, owner consent will be requested prior
to the procedure, and the owner will be responsible for all costs. This procedure
will allow DAS Staff to return previously impounded animals to their owners
more efficiently, thus increasing the number of stray pets successfully reunited
with their owners.
Update dangerous dog procedure. DAS Staff has reviewed the dangerous dog
ordinance, classifications, and procedures and recommends updating the
ordinance in compliance with Chapter 767, Florida Statutes. DAS is researching
the feasibility of making the ordinance more stringent by initiating dangerous dog
investigations based on the first bite, rather than based on the "one free bite"
currently allowed. DAS will also include requirements for owners who fail to
comply with the dangerous dog ownership requirements by mandating
compliance or surrender of the dangerous dog.
Update fee sections. The DAS Ordinance allows fees, including impoundment
and licensing fees, to be amended by resolution of the Board. DAS Staff
recommends amending the ordinance to allow adoption fees to also be revised by
resolution for consistency.
2.
3.
FISCAL IMPACT: There will be a positive fiscal impact of approximately $8,000.00
associated with the micro-chipping amendment.
Agenda Item No. 1605
November 14, 2006
Page 2 of 3
A direct fiscal impact is not expected as a result of amending the dangerous dog or
adoption fee provisions.
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact
associated with this Executive Summary.
LEGAL CONSIDERATIONS: This Executive Summary was drafted in cooperation
with the County Attorney's Office and approved for legal sufficiency.
RECOMMENDATION: That the Board of County Commissioners' authorize
Domestic Animal Services staff to research and propose an amendment to DAS
Ordinance 93-56, as amended, and as codified as Chapter 14, Article II, in the Code of
Laws and Ordinances, which will include micro-chipping domestic animals, revision of
the dangerous dog provisions, and allowing adoption fees by resolution.
PREPARED BY:
Margo Castorena, Director, Domestic Animal Services
Colleen M. Greene, Assistant County Attorney
",-,
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1605
November 14, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D5
Recommendation that the Board of County Commissioners authorize Domestic A.nimal
Services Staff to research and propose an amendment to DAS Ordinance 93~56, as
amended, and as codified as Chapter 14. Article II, In the Code of Laws and Ordinances,
which willmclude micro-ctlipping domestic animals, dangerous dog classifications and
procedures, and the abilily to revise adoption fees by resolution of the Board
11/14/200690000 AM
Director
Date
Approved By
Margo Castorena
Public Services
Domestic Animal Services
10/23120062:21 PM
Assistant County Attorner
Date
Approved By
Colleen Greene
County Attorney
County Attorney Office
10123/20063:40 PM
Marta Ramsey
Public Services Administrator
Date
App roved By
Public Services
Public Services Admin.
11/1120061 :59 PM
App roved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
11/212006 11:44 AM
Sherry Pryor
Management & Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/212006 3:50 PM
Michael Smykawski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
11/3120065:17 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/6120062:46 PM
Agenda Item No. 16D6
November 14, 2006
Page1of12
-
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of
$354,696 to fund payment to the City of Naples under the Interlocal
Agreement for Reciprocal Beach Parking for FY04 and FY06
Obiective: To provide free beach parking for all County and City residents at all County
and City beaches.
Considerations: The City of Naples and Collier County have an interlocal agreement
under which all residents of Collier County may obtain beach parking stickers valid for
free parking at any County or City designated beach parking location.
Fiscal Year Amount City of Amount Amount Amount Due
Billed Naples already already Paid The City of
Adjustment encumbered* Naples
2003-04 $432,911 ($73,969) $216,455.50 $216,455.50 $142,486.50
2004-05 $376,606 ($23,841) 0 $376.606 ($23,841 )
2005-06 $452,506 0 0 0 $452,506
TOTALS $1,262,023 ($97,810) $216,455.50* $593,061.50 $571,151.50
* this amount is already encumbered in SAP thereby reducing the request from reserves
to $354,696.
-
Terms of the agreement call for the County to pay the City an annual fee. The payment
amount is 82% of the City's net loss for the City's beach and beach parking program. The
City of Naples submitted itemized invoices to the County for FY04, FY05 and FY06. The
Parks and Recreation Department and the Clerk of Courts worked jointly to dispute
various charges, including depreciation and administrative charges, resulting in a total
reduction in the amount due for FY 04 through FY 06 from $1,262,023 to $1,164,213, a
$97,810 savings. The County remitted payments of $216,455.5 in FY04 and $376,606 in
FY05, bringing the total due the City to $571,151.50 of which $216,455.50 is currently
appropriated.
The Parks and Recreation Department is also requesting permission to renegotiate the
agreement between the City of Naples and the County in order to more clearly define
terms including what makes up operational costs associated with determining "net loss"
from Naples Beach and Beach Parking Program, when payments are due, and how
payments are calculated for the interlocal agreement.
Fiscal Impact: Funds were budgeted in FY04, FY05 and FY06, but unexpended funds
reverted to Reserves while staff resolved the disputed portion of the bill with the City.
Staff has prepared a budget amendment appropriating $354,696 from Reserves to fund
the payment.
,-.
Agenda Item No. 1606
November 14, 2006
Page 2 of 12
Growth Manaaement Impact: This action furthers the directive of Policy 1.3.2 of the
Recreation and Open Space Element of the Growth Management Plan: "Continue to
ensure that access to beaches, shores, and waterways remains available to the public."
Recommendation: That the Board of County Commissioners approves the budget
amendment in the amount of $354,696 to fund payment to the City of Naples under the
Interlocal Agreement for Reciprocal Beach Parking and directs staff to enter negotiations
to amend the interlocal agreement for reciprocal beach parking.
Prepared by: Raymond Carter, Manager-Park Operations, Parks and Recreation
-
Agenda Item No. 16D6
November 14,2006
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16D6
To approve budget amendment to fund payment 10 Cily of Naples from reserves and 10
approve the renegotiation of the lnterlocal Agreement for beach parking between the City
and Counly
1111412006900:00 AM
Item Number:
Item Summary:
Prepared By
Raymond Carter
Operations Manager
Date
Public Services
Parks and Recreation
10/30/20069:15:40 AM
Approved By
Raymond Carter
Operations Manager
Date
Public Services
Parks and Recreation
10/30/20069:05 AM
Approved By
Barry Williams
Oi rector
Date
Public Services
Parks and Recreation
10/30/200611:51 AM
Approved By
Leo E, Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
1117/2006 1 :48 PM
"",~';;':pQ'~':'.'. .
:fj '- _._ '1"".,...,\ .
'>-- ON THE ,ol
~r-': GULF ;2:;':
'=0 - ~&..'
........ .,,,~.
...... ~
Agenda Item No. 16D6
November 14, 2006
Page 4 of 12
i.H...'1 i! JH41n
~,,~
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PARKS & RE{;r..:r...~ "':...:.....r.' t
WI JW. r :-:'I-:'::'".__J
FINANCE DEPARTMENT
TELEPHONE (239) 213-1820 . FACSIMILE (239) 213-1805
735 8TH ST. SOUTH. NAPLES, FLORIDA 34102
August 28, 2006
RECEIVED
SEP 2 9 2006
I PUBLIC Sl;:HVICES I
Ms. Marla Ramsey
Collier County Public Services
3301 Tamiami Trail E. Bldg G
Naples, FL. 34112
Dear Ms. Ramsey:
Based on your letter dated August 8, 2006, my staff has reviewed the three issues that
were the apparent barriers to Collier County making payment for the Beach Parking
agreement.
Natural Resources Manager - 500/0. We provided your representatives a copy of
this job description. This individual's responsibilities extend beyond the beach fund,
hence, only half of his expenses are charged there. We have confirmed this ratio with
Mike Bauer and his supervisor. Note that neither Community Services administration nor
Parks and Parkways administration are charged to the Beach Fund, not even thru the
Administrative Overhead charge, even though it is obvious that Joe Boscaglia in
particular provides direct services to the beach, while Dave Lykins provides an
administration and supervisor role. I prefer to keep this cost allocation as simple as
possible, and leaving just Natural Resources Manager at 50% has been reasonable. If
you want further cost allocations, Joe Boscaglia has estimated that 20% of his time is
spent on beach ends, and Dave Lykins has indicated that 5% of his time is spent on
beach issues.
General Administration Charges. Since 2003, we have been using a step allocation
method which charges general fund administrative costs to each of the funds. We went
over this with a representative from the Collier County Clerk of Courts. Despite
increased costs, we left the charge steady at $201,000 since 2003. This covers costs
from the City Manager's office, Finance, Human Resources, City Clerk and City Attorney.
It does not include charges from Police, Fire, Recreation, Planning, Codes Enforcement
or Parks and Parkways. The largest portion of the $201,000 charge is from Facilities
Maintenance, which was approximately $95,000 (or 11% of Facilities Maintenance
Budget) and the second largest portion is from Finance (approximately $46,000, or 3%
of my budget). Any indirect cost allocation method will have some design flaws, but in
our case, we tend to absorb the flaws into General Fund.
C/'"' ,,'. c./,o . )'.' /1')-:' .,;
(?/~;'..J t'~~l~ a~,4 . . . J6'?~~ k r-/-".{;,..J ~M defY:,. ~ u,...,,~ ,,~-e. a#i:A:z;: U-'e a0.
Agenda Item No. 16D6
November 14, 2006
Page5of12
Depreciation. According to the most recent contract, which was written by Collier
County staff, the County is responsible for 82% of the net loss of the Beach Fund. By
definition, Net Loss represents the amount by which total expenditures exceed total
revenues. Net Loss is identified in the annual financial report in the statement of net
income. Net loss is not represented by cash spent during the year.
When an item becomes a fixed asset, it is no longer classified as an expense for the
year, but a portion of it is charged through depreciation. As the original spreadsheet
showed, we separate the depreciation on fixed assets that are shared with Collier
County and those that were funded by TOC grants, so that the net loss for the year does
not include depreciation related to a grant.
However, the County identified a concern as to being billed for depreciation and also
being billed for three matching grants. Your staff provided information that did indeed
confirm that, in FY 1998, 1999 and 2000 the County provided 50/50 matching grants
$11,505, $16,823 and $23,701, respectively into the Beach Fund, which were not in the
correct column. Based on this research, I will decrease the depreciable assets charged
to the County for projects reimbursed by County grants. In our review, we found
$12,500 for artificial reefs listed in the wrong depreciation column, and this will be
added to the shared cost column.
This change in depreciable assets will reduce the final amount due. The credit given for
FY 2004 should be increased by $2,357 (from $71,612 to $73,969). The credit given for
FY 2005 should be increased by $1,332 from $22,509 to $23,841. Since only half the
2006 bill has been issued, it will remain the same at $226,253, leaving a new balance
due of $344,898.50. I have attached a revised spreadsheet for your review.
This represents a total bill decrease of $3,689, of which $2,357 is from FY2004 and
$1,332 is from FY200S. Please advise what further information you require to pay the
invoices.
Respectfu lIy ,
('Jw7n ~~i!t,ul$.
Ann Marie S. Ricardi
Finance Director
aricardi@naplesgov.com
cc. Dr. Robert E Lee, City Manager
g;,t'~J r~k:~~ r,//;&. . . .:;;:;"1",;,& ;;, r-/klJ 04;'" .Kf?: ({]~ad& m ad'/...r;;/1P'" rd-.
Collier County Beach Interlocal Agreement
Account Analysis
Fiscal Date
Year Billed
2003-04
9/30/04 Adjustment
Additional adjustment
2004-05 10/07/2004
04/05/2005
09/30/2005 Adjustment
Additional adjustment
2005-06
02/05/2006
Total
Less Amount Received
Amount
Billed
216,455.50
216,455.50
(71,612.00)
(2,357.00)
188,303.00
188,303.00
(22,509.00)
(1,332.00)
226,253.00
937,960.00
593,061.50
Amount Still Due City of Naples 344,898.50
See memo attached for details of "additional adjustment"
Date Amount
Received Received
08/04/2005 216,455.50
OS/26/2005 188,303.00
OS/26/2005 188,303.00
593,061.50
08/30/2006
Agenda Item No. 16D6
November 14, 2006
Page 6 of 12
Unpaid
142,486.50
unpaid
202,412.00
344,898.50
STATEMENT OF ACCOUNT
AgendpA/grE No. 16D6
N Ar14,2006
7 of 12
1
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES, FL 34102
(239) 213-1806
DATE: 9/28/06
TO: COLLIER COUNTY PARKS & REC
ATTN: RAYMOND CARTER
3300 SANTA BARBARA BLVD
NAPLES, FL 34116-6601
CUSTOMER NO: 375/642
TYPE: IN - INTERLOCAL AGREEMENTS
------~---------------------------------------------------------------------
CHARGE
DATE DESCRIPTION
REF-NUMBER DUE DATE
TOTAL AMOUNT
------ -------- ------------------------- ---------- -------- --------------
9/28/06 BEGINNING BALANCE
344,898.50
FOR ADDITIONAL INFORMATION REGARDING THIS INVOICE,
CALL KAREN AT (239) 213-1806.
CURRENT Over 10 OVER 30 Over 60
128443.00
216455.50
DUE DATE: 10/09/06
PAYMENT DUE:
TOTAL DUE:
344,898.50
$344,898.50
PLEASE DETACH AND SEND THIS COpy WITH REMITTANCE
DATE: 9/28/06 DUE DATE: 10/09/06
CUSTOMER NO: 375/642
NAME: COLLIER COUNTY PARKS & REC
TYPE: IN - INTERLOCAL AGREEMENTS
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES FL 34102
(239) 213-1806
TOTAL DUE:
$344,898.50
INVOICE
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES, FL 34102
(239) 213-1806
TO: COLLIER COUNTY PARKS & REC
ATTN: RAYMOND CARTER
3300 SANTA BARBARA BLVD
NAPLES, FL 34116-6601
INVOICE NO: 6080
DATE: 8/28/06
CUSTOMER NO: 375/642
TYPE: IN - INTERLOCAL AGREEMENTS
------------------------------------------------------------------------------
QUANTITY
DESCRIPTION UNIT PRICE EXTENDED PRICE
------------------------- -------------- ---------------
1. 00
BEACH INTERLOCAL AGREE 226,253.00 226,253.00
FIRST HALF BILL FY 2006
FY2006 TOTAL 452,506 1/2 BILLED 226,253
BEACH INTERLOCAL AGREE 23,841.00- 23,841.00-
CREDIT FY 2005
BEACH INTERLOCAL AGREE 73,969.00- 73,969.00-
CREDIT FY 2004
1. 00
1. 00
IF YOU REQUIRE ADDITIONAL INFORMATION, PLEASE CALL
KAREN AT (239) 213-1806
TOTAL DUE:
$128,443.00
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 8/28/06 DUE DATE: 9/07/06
CUSTOMER NO: 375/642
NAME: COLLIER COUNTY PARKS & REC
TYPE: IN - INTERLOCAL AGREEMENTS
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES FL 34102
INVOICE NO: 6080
TERMS: NET 10 DAYS
AMOUNT:
$128,443.00
INVOICE
. -
.",-
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES, FL 34102
(239) 213-1806
TO: COLLIER COUNTY PARKS & REC
ATTN: RAYMOND CARTER
3300 SANTA BARBARA BLVD
NAPLES, FL 34116-6601
INVOICE NO: 5166
DATE: 4/01/04
CUSTOMER NO: 375/642
TYPE: IN - INTERLOCAL AGREEMENTS
QUANTITY
DESCRIPTION
UNIT PRICE EXTENDED PRICE
1. 00
BEACH INTERLOCAL AGREE
216,455.50 216,455.50
IF YOU REQUIRE ADDITIONAL INFORMATION, PLEASE CALL
KAREN AT (239) 213-1806
TOTAL DUE:
$216,455.50
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 4/01/04 DUE DATE: 4/12/04
CUSTOMER NO: 375/642
NAME: COLLIER COUNTY PARKS & REC
TYPE: IN - INTERLOCAL AGREEMENTS
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES FL 34102
INVOICE NO: 5166
TERMS: NET 0 DAYS
AMOUNT:
$216,455.50
INVOICE
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES, FL 34102
(239) 213-1806
TO: COLLIER COUNTY PARKS & REC
ATTN: RAYMOND CARTER
3300 SANTA BARBARA BLVD
NAPLES, FL 34116-6601
INVOICE NO: 6161
DATE: 9/30/06
CUSTOMER NO: 375/642
TYPE: IN - INTERLOCAL AGREEMENTS
------------------------------------------------------------------------------
QUANTITY
DESCRIPTION
UNIT PRICE EXTENDED PRICE
-------------------------
-------------- ---------------
1. 00
BEACH INTERLOCAL AGREE
FY 2006-2ND HALF BILLING
FINAL FY2006 ADJUSTMENT WILL
FY2007 BILLING
226,253.00
226,253.00
BE MADE WITH THE 1ST HALF
,-- . .-'...... ~..~ -. .. ':,
,~ ...
~\'''''''',--,.,.. .--............
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~,
,... . ._..._.~-~...,--.---;:
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f I.. i 9 1..Wf.1
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l~~~.~....
.......~';
~'.'.Y"-\ :.-'~ FE i..'r.:r~;7::!tT;-;)fJ_
'~~ J _~-.:-",:..~_
IF YOU REQUIRE ADDITIONAL INFORMATION, PLEASE CALL
KAREN AT (239) 213-1806
TOTAL DUE:
$226,253.00
PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE
DATE: 9/30/06 DUE DATE:I0/10/06
CUSTOMER NO: 375/642
NAME: COLLIER COUNTY PARKS & REC
TYPE: IN - INTERLOCAL AGREEMENTS
REMIT AND MAKE CHECK PAYABLE TO:
CITY OF NAPLES
735 8TH STREET SOUTH
NAPLES FL 34102
INVOICE NO: 6161
TERMS: NET 10 DAYS
AMOUNT:
$226,253.00
Agenda Item No. 1606
November 14, 2006
Page 11 of 12
BUDGET AMENDMENT REQUEST
For Budget/Finance Use Only
BA#...............................
JE#.................................
BAR#..............................
A.P.H. Date.......................
Fund Number 001
Fund Description General Fund
Date Prepared: 10/30/06
Approved by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Beach and Water Operations
Fd CtrNo.: 156363
WBS No.:
(Provlde 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) Budeet Budget
156363 883100 Remittance to other $354,696 $400,000 $754,696
Governments
Net Change to Budget $354,696
Expense Budget Detail
Fund Center Title: Reserves
WBS Element Title:
FdCtrNo.: 919010
WBS No.:
(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) Budget Budget
919010 991000 Reserves ($354,696) $7,258,653 $6,903,957
Net Change to Budget ($354,696)
Expense Budget Detail
Fund Center Title:
WBS Element Title:
(Provide the Fund Center or WBS element infonnation; it is not required to provide both.)
Fd Ctr No.:
WBS No.:
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Budget
Net Change to Budget
Agenda Item No. 16D6
November 14, 2006
Page 12 of 12
Revenue Budget Detail
Fund Center Title:
WBS Element Title:
Fd Ctr No.:
WBS No.:
IProv](fe the Fund Center or WBS element mfonnal1on; It is not required to nrovlde both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2et Bud2et
.
Net Change to Budget
EXPLANATION
Why are funds needed?
Funds are needed due to the lnterlocal Beach Parking Agreement with the City of Naples for
payment of previous fiscal year charges.
Where are funds available?
Funds are available in the General Fund Reserves.
REVIEW PROCESS
DATE I
Cost Center Director:
Division Administrator:
Bud2et Department:
Agency Manager:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
Agenda Item No. 16E1
November 14, 2006
Page 1 of 43
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 $200,000 (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 September 15,
2006 through October 20,2006.
FISCAL IMPACT: The total change to contracts is $825,578.25. The total change to work
orders is $24,092.82.
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 Orders and Administrative Changes to Work Orders Reports and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
,,-
,,-.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Ilem No. 16E1
November 14. 2006
Page 2 of 43
16E1
Report and Ralify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracls
11/14/200690000 AM
Date
Prepared By
Diana Deleon
Administrative Services
Administrative Assistant
Purchasing
10/31120068:39:45 AM
Steve Carnell
Date
Approved By
Administrative Services
Purchasing/General Svcs Director
Purchasing
10131/20069:06 AM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Administrative Services Admin.
Date
10/31/20064:58 PM
OMS Coordinator
Date
App roved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/1/2006 8:39 AM
laura Davisson
Date
Approved By
County Manager's Office
Management 8. Budget Analyst
Ofnce of Management & Budget
11/2/20068:51 AM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
11/312006 9: 05 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's. Office
Date
111612006 8: 19 PM
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CONTRACT /WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E 1 I
November 14, 2006
Page 10 of 43
PROJECT NAME: Courthouse Annex Parkina Garaae PROJECT #: 52010-2 Garage
BtDIRFP #: 04-3576 MOD ##: 11 POI#:4500025868 WORK ORDER I:
DEPARTMENT: Facilities
Original Contract AmOtIDt:
$1111r~ t(q, -531\ 'co
.~.~)
$16,539,700.00
(Last Total Amount Approved by the Bee)
$10,027,850.29
(Including All Changes Prier To This Modification)
Current BCC Approved AmotlDt:
Current CODtrac:t Amount:
$ 24~74.00
510,052,124.29
(Including This Change Order)
Cumulative DoDar Value ofChanees to this ContractJWork Order: $(6,487,575.71)
Chanae Amount:
Revised ContractJWork Order Amount:
Date of Last acc Approval December 13 ,2005 Agenda Item # 16 E 3 '"\
(- 3'-1, X)... )
Percentage of the change over/under current contract amount ~8)
Fonnula: (Current Amount I Last Bce approved amount)-1 .
Results and Actions: If,the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL Not Yet Established _CURRENT: Not yet Established
SUMMARY OF PROPOSED CHANGE (S):Adjusting DMP's and re assigning to new vendors. Sub contractor
changed suppliers.
JUSTIFICATION FOR CHANGE (5): To provide tax savings through direct material purchase.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Linda Jackson Best, Skip Camp
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_ y _ Proposed change is in fact an addition or deletion to the existing scope
_ Y _ Change is being implemented in a manner consistent with the existing agreement
_ Y _ The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the dlange are reasonable
Date:
Date:
I
6.-..__,. _,
,";'~:'~~'....
~,,,":'~
Agenda Item No, 16E 1 'I
November 14, 2006 ~
Page 11 of 43
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Expansion Landscaping Installation PROJECT #: 73077, 739501, 739502
BtD/RFP #: 05-3778 MOD #:
4-01 PO#: 4500049583
WORK ORDER #: N/A
DEPARTMENT: Public Utilities Division
Original Contract Amount:
$ 182.665,00
(Starting Point)
Current BeC Approved Amount:
$ 182.665,00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 196.300.95
(Including All Changes Prior To This Modification)
Change Amount:
$ 1.840.00
Revised Contr8ct/Work Order Amount:
$ 198.140.95
(Including This Olange Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $ 15.475.95
Date of Last BCC Approval 7/26/05
Agenda Item # 16 e 9
Percentage of the change over/under current contract amount a41" % ,,'
--:?
Formula: (Current Amount flast Bec approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to Bee on
Purchasing report. ' For specific infollTlation regarding work order thresholds, please refer to the Procurement,
Administration Procedures, Section IV.3.d
CURRENT COMPLETION DATE (5):
SUBSTANTIAL COMPLETION: ORIGINAL:
FINAL COMPLETION: ORIGINAL:
11/1/2005 CURRENT:
1211/2005 CURRENT:
3/15/06
51"13;00'
q/30/0b
SUMMARY OF PROPOSED CHANGE (5): Identify the changes.
Replace pine trees damaged due to shutdown of irrigation system by others (party unknown); hand water other
landscaping to ensure plantings survived following shutdown of irrigation system by others.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
Unknown parties shut down the irrigation system, causing the death of 12 pine trees and endangering the health of
much of the new plant material recently installed on this project. The dead pine trees were replaced and the
remaining plantings were hand watered to assist in their recovery.
Revised 10/5/05
~,
Agenda Item No, 16E1 'If)
November 14,2006 ex '\
Page 12 of 43
PARllESCONTACTED REGARDING THE CHANGE: Contractor. Consultant. PUED Proiee! Manaqer. plant
personnel.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
i Proposed change is consistent with the scope of the existing agreement
Proposed change is in fact an addition or deletion to the existing scope '
Change is being implemented in a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth in the change are reasonable
CONSUL liNG ENGINEER'S RECOMMENDATION: This form Is to be signed and dated.
RECOMMENDED BY:~ · \O~ Date: ct -.'":\-olt>>
Consulting Engineer
REViEWED BY:
Revised 10/5/05
<~,
: .:i.;..;'i.;_.......'.~".,,:.~'~?~~~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E1
November 14, 2006
Page 13 of 43
3
PROJECT NAME: Courthouse Annex Parking Garaae PROJECT #: 52010-2 Garage
BIDIRFP #: 04-3576 MOD #: 12 PO#:4500025868 WORK ORDER #:
OEPARTMENT:Facilities
Original Contract Amount:
$ll'\.JW(Iin 1(" 5~q, 7co
~.p~)
$16,539,700.00
(Last TotalAmoont Approved by the BCC)
Current BCe Approved Amount:
Current Contract Amount:
$10,052,124.29
(Including All Changes Prior To This Modification)
Change Amount:
$ (5,618.00)
Revised ContractlWork Order Amount:
$10,046,506.29
(fucluding This Change Onlc:r)
Cumulative DoDar Value of Changes to this ContractlWork Order: $(6,493,193.71)
Date of Last BCC Approval December 13,2005 Agenda Item # 16 E 3
Percentage of the change over/under current contract amount (-39.26)
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 infonnation regarding wort order thresholds, please refer to the Contract
Administration Procedures, Section "I.CA.
CURRENT COMPLETION DATE (S):ORIGINAL Not Yet Established _CURRENT: Not yet Established
SUMMARY OF PROPOSED CHANGE (S):DMP
JUSTIFICATION FOR CHANGE (S): To provide tax savings through direct material purchase.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell, Linda Jackson Best, Skip Camp
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA)
_ 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
form is to be sig
Date:
APPROVE BY:
P
REVIEWED BY.
Date:
';~
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E1
November 14, 2006
Page 14 of 43
f
PROJECT NAME: Emeraencv Medical Services (EMS) Facility 75 PROJECT #: 52007
MOD #: ~
PO#:4500039673 WORK ORDER #: N/A
BID/RFP #: 04-3709
DEPARTMENT: Facilities Management
Original Contract Amount:
$ 942,430.00
(Starting Point)
Current Bee Approved Amount:
$1,195,608.59
(Last Total Amount Approved by the BCG)
Current Contract Amount:
$1,253,918.90
(Including All Changes Prior To This Modification)
Change Amount:
$0
Revised ContractIW ork Order Amount:
$1,253,918.90
(Including This Change Order)
Cum ulative Dollar Value of Changes to this ContractIW ork Order: $311,488.90
Date of Last BCC Approval 9/14/06
Agenda Item # 16 E 4
Percentage of the change over/under current contract amount %
Formula: (Revised Amount I Last Bee approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amou~t. then BCC approval is required; equal to or less than 10%
reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the BCC administratively, Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
required, If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV,3,d,
CURRENT COMPLETION DATE (5): ORIGINAL: March 1, 2006 CURRENT: 11/30/2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes: This is a $0 dollar change order adding 59 days
to substantial completion and adding 30 days to fInal completion of the contract.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
Due to unforeseen conditions with the owner requested generator and obtaining permanent power, the
Contractor requested a time extension to compensate for a longer lead time than anticipated.
PARTIES CONTACTED REGARDING THE CHANGE:
Ron Hovell. Linda Best
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, 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
r 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
ATION: This form is to be signe and dated.
1 ~(( (p f,
9 / J hi 2f;';L,
( /
Date:
Date:
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E1
November 14, 2006 -S-
Page 15 of 43
PROJECT NAME: US 41 North Phase 4
PROJECT #: 600241
BID/RFP #: 06-3935 MOD #:
2
PO#: 4500061970 WORK ORDER #:N/A
DEPARTMENT:ATM
Original Contract Amount:
$ 347.437.76
(Starting Point)
$ 347437.76 .gJ 1 =-:38'2 18}, ~!fnc/d~.s ,
(Last Total Amount Ap roved by the BCC) ~.ft~(5"
Current Bee Approved Amount:
Current Contract Amount:
$ 306.219.83
(Including All Changes Prior To This Modification)
Change Amount:
S 1l.640.00
$ 317.859.83
(Including This Change Order)
Revised Contract/Work Order Amount:
Cumulative Dollar Value ofCbanges to this ContractIWork Order: $ -29.578.00
Date of Last BCC Approval Feb. 14. 2006
Agenda Item # 16B-11
Percentage of the change over/under current contract amount ~Io -/6 f~-
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section /lI.CA.
CURRENT COMPLETION DATE (S):ORIGINAl: September 25. 2006 CURRENT~ October 28. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. #1: Additional_directional borina (6")@300'
and 3" mainline (400') due to chanae in re-use connection. Total cost =10.180.0Q
#2: Additional bores at station 104.2" bore 50'@12.00 =$600.00. 4"bore 50'@17.20 =$860.00
Total cost =$1,460.00 (Total Cost Item 1&2 = $11.640.00)
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Additional directional borina 6"@300' and 3"mainline 400' due to chanae in re-use connection. And
additional directional borina at station 104: 2" bore 50'@12.00. 4" bore 50'Ct1!17.20; Due to driveway not
showina on roadway plans.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Liz Deleon. Phillip Thibeaux. Michael
McGee. Gloria Herrera. Rhonda Rembert. Diane Flaaa. Nonnan Feder. and Steve Carnell
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ 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
,.,,~-.i..c"""_
APPROVE BY: Date:
B
REVIEWED BY:
Rh nda Rembert, Contract Speci Ii
Revised 4/25/2005
.' Agenda Item No. 16E1
November 14, 2006
Page 16 of 43
~q
:;
Agenda Item No. 16E 1 G7
November 14,2006
Page 17 of 43
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Pump Station 109 & 103 Improvements PROJECT #: _13945
BIDIRFP It: 06-3922MOD #:
OEPARTMENT:_PUED
1
PO#: 4500058673 WORK ORDER #:
CONTRACTOR/FIRM NAME:
DouglaB N HiQQins
Original Contract Amount:
$ 1,237.040
(Starting Point)
Cunent Bee Approved Amount:
$ 1,237.040
(Last Total Amount Approved by the Bee)
Current Conb:'act Amount~
$ 1.237.040
(Including All Changes Prior To This Modification)
Change Amount:
$ (J,478.7S)
Revised Contract/Work Order Amount:
$ 1..229.561.25
(rnctuding This Change Order)
Cumulative Dollar Vnlue of Changes to this Contract/Work Order: $_(7.478.7Sl
, Date of Last BCC Approval
I
Jan 10, 2006
Agenda Item # 10 (D)
-..~O
...G-:e6 ~ %
;
, Percentage of the change over/under current contract amount
I Formula: (Revised Amount I Last BGG approved amount)-1
; Resulls and Actions: Contracts: If the change exceeds 10% OllhB current Bee amount, then BCC approval Is requkgd; equal 10 or less than 10%
: report9d to BeC by the purehasing department. ceNA Work Order!!: For an work orders that exceed $90,000 where the ohange d Des not exceoo '0%
, or $10,000, these changes are reported by the PureMMing Department to the BOC administratively, Changers to these,work orde~ that exceed thoroe
! thresholds require prior BCe approval. NON-CCNA Work Orders:: If the change exceeds 10% of the current BCe amount, tl-en ace approval is
'~ requlrW, If in doubt, contact your oontract specIalist. For more speCific information regarding work order thresholds, pleaae refer 10 the Procurement
: AdminiEltralion Procedures, Section IV.3,d.
I
: CURRENT COMPLETION DATE (S):ORIGINAL: September 13. 2006 CURRENT: NovemQer 13. 2006
SUMMARY OF PROPOSED CI-tANGE (S): Identify the changes. Delete fence at PS 1,13" delete two
AAV's at PS 109. and add difference in cost of flow meter for chanqe of the flow meter
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the. project?
The home owners living closer to the PS 113 did not want the standard fence and wan1ed Collier Countv to
, install decorative type fence alonq with landscapinQ plants. We had desiqned three ARV's at PS 109 whioh was
not necessary and therefore deleted for the contract. The flow meter needed 10 be chanQed because our
, Collections crew is well trained 1n this king of flow meter.
PARTIES CONTACTJ;,O REGARDING THE CHANGE:
Mr. Bill Mullin. David Schmitt - Q Gradv Minor,
; IMPLEMENTATION STEPS (Verify each before proceeding with change using VI Nor NJA)
-L Proposed change is consistent with the scope of the existing agreement
: -X- Proposed ohange is in fact an addition or deletion to the existing soope
--X- Change hs being implemented in a manner consistent with the eXisting agreement
Check Li~ for P$l09 &: 113.
Page 1 012
D~tc: Sepu:mbcr 28. 200G
-2L The appropriate parties have been consulted regarding the change
: -2L Proposed prioes, fees and costs set forth in the ohange are reasonable
Agenda Item No, 16E1 I 1"1
November 14, 2006 U:::''"\.
Page 18 of 43
ENDATION: This form is to be signed and dated.
qll.'ILO'
Date: tikL'1/tJ C
I '
Check List for PS 109 & 113.
Page 2 of2
Date:
Date' Scptcml>cr 28. 2OO(i
CONTRACTIWORK ORDER MODIFICA nON
CHECKLIST FORM
Agenda Item No, 16E1
November 14, 2006
Page 19 of 43
7
PROJECT NAME: Guaranteed Maximum Price (GMP) for the Fourth Floor Courthouse Renovations
PROJECT #: 52004-]
BlDfRFP #: 04-3576 MOD #:
2. (Amendment #5)
PO#: 4500060887
WORK ORDER #: NA
DEPARTMENT: Facilities Mana!!'ement
CONTRACTORIFIRM NAME: Kraft Construction Company, Ine.
Original Contract Amount:
$ 1.716.800,00
(Starting Point)
Current BCC Approved Amount:
$ 1.716.800,00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 1.7]6.800,00
(Including All Changes Prior To This Modification)
Change Amount:
S (2.280,00)
$ 1,714.520,00
(Including This Change Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $ (2.280,00)
Date of Last BCC Approval 3/28/06
Agenda Item # lOB
Percentage of the change over/under current contract amount -0,13
Formula: (Revised Amount / Last BCC approved amount)-]
%
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10%
reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed
] 0% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to these work orders that exceed
those thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCe
approval is required. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the
Procurement Administration Procedures, Section IV.3,d,
CURRENT COMPLETION DATE (S):ORIGINAL: 10/1/2006 CURRENT: ]0/1/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To realign funds between the Construction Phase Fee and Field Reimbursables,
which reduce the mOllthly payments for the Construction Phase Fee, These changes also reduce the current Guaranteed Maximum Price (GMP) of the
project.
JUSTIFICA nON FOR CHANGE (S): What value or benefit do these changes provide to the project? Finance identified gas and oil expenses
were listed in both the Construction Phase Fee and the Field Reimbursables, this Amendment removes the gas and oil expenses from the Construction
Phase Fee, (-$2,280,00), Also included in this Amendment was the reallocation of funds for office supplies from Construction Phase Fee to Field
Reimbursables ($1,750,00), the reallocation does not impact to the GMP, The removal of the duplicated gas and oil changes reduces the Construction
Phase Fee by (-$2,280,00), For reference and clarification, both Amendment #5 and Exhibit A5-A are attached,
PARTIES CONTACTED REGARDING THE CHANGE: Peter Hayden, Facilities Management; Linda Best, Purchasing; Bonnie Baer, Finance
and Peter Tuffo, Kraft Construction Company, Ine.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
L Proposed change is consistent with the scope of the existing agreement
L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
Date: /d /2-/00
I {
Revised 3/29/06
Agenda Item No, 16E1--,
November 14, 2006 I C\
Page 20 of 43
",.,-.,
EXHIBIT A-5 Contract Amendment # 5
Contract No. 04-3576
"Construction Manager At Risk for Courthouse Annex and Parking Garage"
to
Amendment #4 - Guaranteed Maximum Price (GMP) for the Fourth Floor Courthouse Renovations
This amendment, datedO~(...A~ 2006 to the referenced agreement shall be by and between the parties to the
original Agreement, Kraft Construction, Inc. (to be referred to as "Contractor") and Collier County, Florida, (to be
referred to as "Owner").
Statement of Understanding
RE: Contract # 04-3576, "Construction Manager At Risk for Courthouse Annex and Parking Garage"
In order to continue the seIVices provided for in the original Contract document referenced above, the Contractor
agrees to' amend the above referenced Contract as per the Supplemental Authorization Exhibit "AS-A" attached to
this Amendment and incorporated herein by reference.
Changes to Amendment #4 Guaranteed Maximum Price for the Fourth Floor Courthouse Renovations:
l. Reduction of funds from Construction Phase Fee;
The reduction of funds for gas and oil expense in the amount of two thousand, two hundred eighty ($2,280.00)
dollars from Construction Phase Fee since it has already been reflected within the Field Reimbursables;
2. Reallocation of funds from Construction Phase Fee to Field Reimbursables;
The reallocation of funds for office supplies from Construction Phase Fee to Field Reimbursables ii\ the
amount of one thousand, seven hundred fifty ($1,750.00) dollars.
Total dollar reduction from Construction Phase Fee is Four thousand, thirty ($4,030.00) dollars that includes
a reduction of two thousand, two hundred, eighty ($2,280.00) dollars and a reallocation of one thousand,
seven hundred, fifty ($1,750.00) dollars to Field Reimbursables.
3. Reductions of Monthly Payments for Construction Phase Fee;
The reduction and reallocation of funds referenced above in items I and 2 from Construction Phase
Fee will reduce the monthly Construction Phase Fee payments as stated below, and as per attached
Exhibit "AS-A"
Amendment #4, 4TI{ Floor Renovations;
Original Construction Phase Fee: Two hundred, fifty five thousand, twelve ($255,512,00) dollars.
Payable in six(6) monthly payments of thirty six thousand, five hundred ($36,500.00) dollars and one (1) final
payment of thirty six thousand, five hundred twelve ($36,512,00) dollars.
Revised Construction Phase Fee: The revised Construction Phase Fee Payment will be in the amount of two
hundred fifty one thousand, four hundred, eighty two ($251,482.00) dollars. Because two (2) payments have
already been made to Kraft, at the original rate of thirty six thousand, five hundred ($36,500,00) dollars, Kraft
will reimburse the County one thousand, four hundred eighteen ($1,418.00) dollars. The remaining payments
owed to Kraft will be payable in five (5) monthly payments of thirty five thousand, nine hundred, twenty six
($35,926.00) dollars.
. ~'i
Agenda Item No. 16E1
~\Iovember 14, 2006( b
Page 21 of 43
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.
Accepted: {Jd~ dfft{
,2006
CONTRACTOR:
OWNER:
KRAF2~~~::,mc.
/
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORI0/9
BL]/ ~~~ !1,vK---
Peter Hayden, Project Manager
By:
;?ocfGr /. a.e-Gatt~e
Print Name and Title c:?rI,If?IA?.I?A',<.J
DEPARTMENT DrnECTOR
BY:~~
Witnes: I ~~dA
Skip Camp
CONTRACT SPECIALSIT
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM '
Ag~nda Item No, 16E1 a
f\JCllJember 14, 2006 l'>
Pace 23 of 43
...'-"
'j;"
BIDJRFP #: 05.3845
MOO#:
2
PO#:
PROJ~CT #:'
WORK ORDE;R #:' ;,2:
PROJECT NAME: McDonald Transit Associates. Inc.
DEPARTMENT: ATM
Original Contract Amount:
$ $25.682.974.00
(Starting Point)
Current BCe Approved Amount:
$ $25.682.974.00
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ $25.975.081.00 .'
(Including All Changes Prior To This Modification)
Change Amount:
$
$175.125.00
,
Revised ContractlVVork Order Amount:
$ $26.150.206.00
(Including This Change Order)
~- ;'2~'. t
Cumulative Dollar Value of Changes to this Contract/Work Order: $ $467.232.00
Date of Last BCC Approval
9/27/05
Agenda Item # 1 OF '
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is' required; equal to or less than 10%
reported to BCe by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10% '
or $10,000, these changes are reported by the Purchasing Department to the Bee administratively, Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCe approval is
required. If in doubt, contact your'eontract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV.3.d,f" '
1.819
%'
CURRENT COMPLETION DATE (S):ORlGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To increase revenue hours and rout
chanqes for the followinQ period includinQ revised yearly costs: add 3,519 hours to continue the April 3'
Route ChanQes for the period of 10/1/06 throuah 9/30/07 in the amount of $175,125.00. '.. ,
. ... ,~~,..
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?'
These chanqes were made to expand routes for the benefit of population of Collier County that usepubli
Transportation.
PARTIES CONTACTED REGARDING THE CHANGE: Diane Flaqq, ATM Director, Elizabeth Suchslanc
McDonald Transit Manaqer, or Rhonda Cumminqs. Purchasinq
;'. . - ; ~ ,
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y;N or N/f').
y-. Proposed change is consistent with the scope of the existing agreement " .' "
.tL Proposed change is in fact an addition or deletion to the existing scope
LChange is being implemented in a manner consistent with the existing agreement
y-. The appropriate parties have been consulted regarding the change "..'u
L Proposed prices, fees .and costs set forth in the change are reasonable"
Revised 3/29/06
PROJECT MANAGER RECOMMENDATION: ThIs form is to be signed and dated;
,
" i
APPROVE BY:. ., ' ,
REVIEWED BY: P1. ^ ~-jJ/. .' ~Dale:
cof,ih{~~st ' .
Revised 3/29/06
Date: #- ..
If) 131b~
( ,
Agenda Item No, 16E1
Nov.ember 14, 2006 , .ot)
Page 24 of 43' , 0",-
"
>
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E 1
November 14, 2006
Page 25 of 43
~
PROJECT NAME: Golden Gate Grade SeDarated Ovel'Dass PROJECT #: 60006
BID/RFP #: 04-3583 MOD #: 5 PO#:
WORK ORDER #:
DEPARTMENT: T.E.C.M.
Original Contract Amount:
$ 2.367,811.00
(Starting Point)
Current BCC Approved Amount:
$ 2.367.811.00
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 2.604,486.50
(Including All Changes Prior To This Modification)
Change Amount:
$ -0-
",
Revised ContractlWork Order Amount:
$ 2.604.486.50
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 236,675.50
Date of Last Bce Approval July 27. 2004
Agenda Item # 10 (h)
, t
Percentage of the change over/under current contract amount -L %
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: If'.the change exceeds 10% of !he current BCC amount, !hen Bce approval is required; equal to or less than 10%
reported to BCC by the purchasing department CCNA Work Orden: For all wOO< orders that exceed $90,000 where the change does not exceed 10% ,
or $10,000. these changes are reported by the Purchasing Department to the BCC administratively. Changes to these work orders that exceed those '
thresholds require prior BCC apPl'OVal. NON..cCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
required. If In doubt, contact youreontract specialist For more specific Information regarding wOO< order thresholds, please refer to the Procurement
Administration Procedures. Section IV,3,d, "." ':
CURRENT COMPLETION DATE (5): ORIGINAL: November 1. 2006 CURRENT:. November 1. 2006
SUMMARY OF PROPo.~ED CHANGE (S): Identify the changes: This Change Order request the extension
of contract time from the current ending date of November 1, 2006 to July 2, 2007.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to thEJ.project?
This contract time for the construction proiect has been extended to June 2. 2007. This extension of CEI contract
time is in accordance with the existinq aqreement allowinq 30 days for proiect closeout after proiect completion.
PARTIES CONTACTED' REGARDING THE CHANGE: James Zuver. Proiect Manaqer: Rhond,i' Cumminas,
Contracts Specialist "
IMPLEMENTATION STEI?S (Verify each before proceeding with change using Y, Nor N/A)
..L Proposed change is consistent with the scope of the existing agreement
JL Proposed change is in fact an addition or deletion to the existing scope
.::L. Change is being impl,emented in a manner consistent with the existing agreeme':1t, '!",:: ("
-y... The appropriate parties have been consulted regarding the change ",'
N/A Proposed prices, fees and costs set forth in the change are reasonable
c ,
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
APPROVED BY:
" RECElVED
" ': '.. ".~!l
, SE,? 29 2006"
" Transponatl(m~
~rtng o.pa~~t
Revised 3/29/06
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E1
November 14, 2006 I{)
Page26 of 43
PROJECT NAME: SCRWTP 12-MGD RD Expansion
PROJECT #: 700971
BID/RFP #: 04-3589 MOD #: 1
PO#:4500030470
WORK ORDER #:
DEPARTMENT: Public Utilities Enaineerina CONTRACTOR/FIRM NAME: Hazen and SaWYer. PC
Origimil Contract Amount: $ 2.990.500,00
(Starting Point)
Current BCC Approved Amount: $2.990.500.00
(Last Total Amount Approved by the BCC)
Current Contract Amount: $2.990.500.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 65.000.00
$3.055.500.00
(Including This Change Order)
Revised ContractIW ork Order Amount:
<.:;umulative Dollar Value of Changes to this ContractIWork Order: $ 65.000.00
, Date of Last Bee Approval 6/22/2004
Agenda Item # 16 C B
"ercentage of the change over/under current contract amount 2.17%
Formula: (Revised Amount / Last Bee approved amount)-1
, Results,and Actions; Contracts: If the change exceeds 10% of the current BCC amount. then BeC approval is required; equal to or less than 10%
, reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
, or $10,000. these changes are 'reported by the Purchasing Department to the BCC administratively, Changers to these work orders that exceed those
, thresholds require prior BCC approval. NON-GCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
l'9quired. If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
,~dministration Procedures, Section IV.3,d.
CURRENT COMPLETION DATE (S): ORIGINAL: 4/16/2007 CURRENT: 7/12/2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide HVAC desiqn for electrical
switch room not included in oriqinal contract.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
The existinq switch room is experiencina temperature peaks that make it difficult for maintenance crews to work
with the equipment and may cause lona term equipment damaqe
PARTIES CONTACTED REGARDING THE CHANGE: Steve Lana. Lvn Wood
, fMPlEMENTATIO'N STEPS (Verify each before proceeding with change using V, N or N/A)
-L Proposed change is consistent with the scope of the existing agreement
~ 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
2- Proposed prices, fees and costs set forth in the change are reasonable
REVIEWED
N: This form is to be signed and dated.
Date: ~
Date: j (I b( 06
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Aaenda Item No. 16E1 ((
-November 14,2006
Page 27 of 43
PROJECT NAME: South Countv Inflow & Infiltration Repair Services PROJECT'#: 72500
BIDIRFP #: 05-3871 MOD #: 1_PO#:4500056275_WORKOROER#:
DEPARTMENT: '
PUEO
Original Contract Aniount:
$ 808,300.00
(Starting Point)
Current BCC Approved' Amount:
()
Current Contract Amount:
$_808,300.00_
(lneluding All Changes Prior To This Modification)
$_?4,700.00 )
$_803,600.00
(Including This Change Order)
Cu~ulative Dollar Value of Changes to this Contract/Work Order: $--'4,700.0~
Change Amount:
Revised ContractfWork Order Amount:
, ,
, Date of Last BCC Approval ' N/A Agenda Item # '
: Percentage of the change over/under current con'tract amount~ (-oic,:5i )
Formula: (Revised Amount I Last BCC approved amount)-1,
: Results and Actions: Contraets: If the change exceeds 10% of the current BeC amount, then Bee approval is required; equal to or fess than 10%
reported to Bee by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
' or $10,000, these changes are reported by the Purchasing Department to the BCC administratively, Changers to these work orders that exceed those
threshOlds require prior BCC approval. NON-CCNA Work Orders: II the change exceeds 10% of the current 'Bce amount, then Bee approval is
' required, If In doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures. Section IV.3,d.
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Finish& install new Manhole frames and coves and
install new interior seals&Reset existing frames & Covers fall under the manhole rehabilitation portion of this contract.
JUSTIFICATION FOR CHANGE (5): What v~lue or benefit do these changes provide to the project? It was
, determined that several manhole seals could not be repaired using exterior type manhole seals but interior type manhole seals
were installed in lieu of exterior type seals, thus we saved money.
PARTIES CONTACTED REGARDING THE CHANGE: Contractor~DN Hiqqins.
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
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: )~ 1::> -----=. Date: op/'-,r/oc;
Ftfoject ager
REVIEWED BY:
Contract
Date:
/O/I~/(l6
{ (
Revised~/29/06
....
L
Agenda Item No. 16E 1 I "\
November 14, 2006 d-
Page 28 of 43
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Golden Gate Blvd. Phase 2 (29th St. SW to 13tt1 St. SW) PROJECT #: 600221
BID/RFP': 06.3933 MOD #:
DEPARTMENT:..A!.M
3
P~4500060G10 WORK ORDER #:N/A
Original Contract Amount:
$ 622.424.86
(Starting Point)
Current BCC Approved Amount:
$ 622.424.86
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 641.150.23
(Including All Changes Prior To This Modification)
Change Amount:
$ 00
".".M., .
Revised ContractIWork Order Amount:
S 641.150.23
(Including This Change Order)
Cumulative DoUarValoe or Changes to this Contract/Work Order: $ 18.725.37
Date of Last BCC Approval February 14. 2006 Agen-da Item # ~
Percentage of the change over/under current contract amount ~
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to Bee on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: SeDtember 3.2006 CURRENT: October 13. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. (This chaol!e is onlv for addine:
time/number of days): Rep.adol! tbe plants that were damaeed due to Iie:htinl! strike. and replacioe: the stolen
plants from the proied site. And to extend time for final close out documents includinl! as buUts.
JUSTIFICATION FOR CHANGE (S): Z Lil!htiUl! strike. damal!ed 2 pumps at critical plaDtinl! time causinl! death
of many plants. Theft of plants reouired additional replacements. Also to extend time for final close out documents
includinl! as buUts. which when complete reQuire review and sil!nature of desil!n consultant.
What value or benefit do these changes provide to the project?
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Roaer Dick. Dare~ Hannula. Scott
Windham. Gloria Herrera. Rhonda Rembert.
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
_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
APPROVE BY: . '
'B
REVIEWED BY:
, Rh
Revised 4/25/2005
NDATlON: Th's fonn Is to be signed and dated.
Date: /0 r 9-o'{; , ;
/// )?J ;61'
/
~,~;,
,~
~_.-
.,...~:t;~;.'ll'
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item [\lo. 16E1 IJ
r~ovember 14, 2006
Page 29 of 43
PROJECT NAME: SCWRF Chemical Facilities Upgrades PROJECT #: 72008
BID/RFP #: 05-3896 MOD #:
2
PO#:_4500057367_ WORK ORDER #:
DEPARTMENT: Public Utilities EnQineerinq
Original Contract Amount:
$ 262,300
(Starting Point)
Current BCC Approved Amount:
$ 262.300
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 265,800
(Including All Changes Prior To 'This Modification)
Change Amount:
$ 0
$ 265,800
(Including This Change Order)
Revised ContractIW ork Order Amount:
Cumulative Dollar Value of Changes to this ContractJWork Order: $ 3,500
f Date of last Bee Approval
11/15/05
Agenda Item #
16(C)10
Percentage of the change over/under current contract amount -+:a- 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 /lI.CA.
CURRENT COMPLETION DATE (S): ORIGINAL: 6/30106
CURRENT: 12/1/06
SUMMARY OF PROPOSED CHANGE (5): Identify the changes,
I delivery
Time Extension due to delay in material
, JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? delay in
, material delivery
L.
PARTIES CONTACTED REGARDING THE CHANGE: Desiqn professional and Lyn 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 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: d)~", alJl~/J.v.w Date:
project~er d-
REVIEWED BY: "" rn 't() Date:
Contract S ialist
Revised 4/2512005
10 -1/-6G
(O-/(-OC,
-".i',;~.,~
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E 1 ('-{
November 14, 2006
Page 30 of 43
PROJECT NAME: Consultin2 Services for the Development of a Land Mana2ement Plan for the Railhead Scrub Preserve
PROJECT #: NA BID/RFP #: 05-3888 MOD #: -LPO#: 4500060868 WORK ORDER #: NA
DEPARTMENT: Environmental Services
CONTRACTOR/FIRM NAME:URS Southern Co oration
Original Contract Amount:
$ 38.821.00
(Starting Point)
Current BCC Approved Amount:
$ 38,821.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 38.821.00
(Including All Changes Prior To This Modification)
Change Amount:
$ -0-
Revised ContractIWork Order Amount:
$ 38,821.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ -0-
Date of Last BCC Approval March 28, 2006
Agenda Item # 16.A.3
Percentage of the change over/under current contract amount
Formula: (Rcvised Amount / Last BCC approved amount)-l
-0-
%
1esults and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or
less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where
the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively,
Changers to these work orders that exceed those thresholds require prior BCC approval. NON-CCNA Work Orders: If the change
exceeds 10% of the current BCC amount, then BCC approval is required, If in doubt, contact your contract specialist. For more
specific information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV,3,d,
CURRENT COMPLETION DATE (S):ORIGINAL: October 16, 2006 CURRENT: March 30, 2007
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To provide additional time for the Consultant to meet the needs and
requests of the Conservation Collier Lands Evaluation and Management Subcommittee and for staff to hold a publ ic meeting to gain
community approval for the plan at a time of year when residents are most likely to be present. ,
JUSTIFICA nON FOR CHANGE (S): What value or benefit do these changes provide to the project? The contracted for
management plan is due in October 2006, which is why the contract was structured to end in October 2006. However, the process of
hiring a consultant took longer than expected and the proposed schedule was ambitious, with only one meeting for review by
subcommittee scheduled. The consultant has not provided a product that is acceptable to the Subcommittee and subsequent meetings have
been needed to make specific recommendations for improvement. Also, staff wanted to make sure that surrounding commercial and
residential property owners were present in order to provide comment. A mailing to 174 property owners for a September subcommittee
meeting produced poor attendance and staff realized many people were out of town for the summer. As a result, staff is currently
petitioning the BCe to allow a delay in submitting the final management plan for Railhead Scrub Preserve and feels with an extension, the
end result will be a comprehensive plan that better meets the requirements of the Conservation Collier Land Acquisition Program,
PARTIES CONTACTED REGARDING THE CHANGE: Linda Jackson Best, Purchasing, Alberto Vega, URS Corporation
(consultant, Project Manager), Boll Lorenz, Director, Environmental Services Dept. Jennifer Belpedio, Assistant County Attorney
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
Y- Change is being implemented in a manner consistent with the existing agreement
Y- The appropriate parties have been consulted regarding the change
NA Proposed prices, fees and costs set forth in the change are reasonable
Revised 3/29/06
REVIEWED BY'
Li
Revised 3/29/06
Date:
Date:
/{J-13-~ "
1rJ--1'~
Agenda Item No. 16E1 Illo
November14,2006 .,.-,
Page 31 of 43
PROJECT NAME: .~_ ~\cc <
05-
BIDJRFP #: -;.~~ ':!> MOD #:
DEPARTMENt:?A~)o=....s
CONTRACTJWORK ORDER MODIFICATION
CHECKLIST FORM
i'~Il." ..."", B PROJECT #: E3 C'C) f:r
~S gel 0
'Z- PO#: .58/~ WORKORDER#:
t
'f K~ CONTRACTORIFIRM NAME:.51v....ft:> ~E:
Agenda Item No, 16E 1
November 14, 2006
Page 32 of 43
IS-
~~
Current Contract Amount:
s-1~. 000. -
(S1m1iug Point)
S J~.-
(Last Total Approved by the BCe)
$ tSG., bod. -
(Including All Changes Prior To This Modificaticm)
Original Contract Amount:
Current Bee Approved Amount:
Change Amount:
$ -z, 1t;. -
$_ISG.,e-rS:. -
(Including This Change Order)
Revised CoatraetJWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIW ork Order: S
/Z---,--fB75.
--
Date of Last BCC Approval--LJ. z.,.Cj. 05
Agenda Item # / ~, O. ;<
.
8.Q+
%
_ Percentage of the change overfunder current connct amount
Fonnula: (Revised Amount I Last Bee approved amount}-1
Results and ActIons: ContnK:ts: If the change exceeds 1l)llL d the cc.nent Bce &mount, then Bce approval Is required; equal to or less than 10...'
reported to BCC by the purchallng department. CCNA Work 0rd<<I: For all work orders that exCeed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the BCC administratively. Changers to tilese work orders that exceed those
thresholds reqUIre prlor Bce approval. NON-CCNA Woc1t Orders: If the change elCCeeda 10'16 of the current Bee .mount, then BCe approval Is
required. If In doubt, contact your contract specialist. For more specific information regarding wor\( order thre&holds, please refer to the Procurement
AdmInistration Procedures, Section IV .3.d.
CURRENT COMPLETION DATE (S):ORJGINAL: 12.. ?o.O~ CURRENT: 01. ~o. 01-
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. _'P~rt::>fi!::- \1'.:)f':::G,PANtY
SvlQJ~" SJ;;~':=-S ,0. ~ ~~~ ~~ S'J:,."f1iiiL ,---.:\~" 'OS
JUSTIFICATION FOR CHANGE (S): What value or benef"tt do these changes provide to the project?
~S:~~ ~~~~~ ~~~~H~~
PARTIES CONTACTED REGARDING THE CHANGE: ~~ ENGt~
9~BeAI ~~~ '
1.~Pl.:.EMENTAllON STEPS (Verify each before proceeding with change using V, Nor N/A)
Y Proposed change is consistent With the scope of the existing agreement
'i Proposed change is in fact an addition or deletion to the existing scope
, Chclnge 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
NDATION: This form Is to be signed and dated.
Date: 1(> .09. a{:;
,r Date: /0 - /8 --{)fo
.
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E 1 (I A
November 14, 2006 \f
Page 33 of 43
... .
,
PROJECT NAME:
McDonald Transit Associates. Ine
PROJECT #:
BID/RFP #: 05-3845 MOD #:
3
PO#=
WORK ORDER #:
DEPARTMENT: ATM
'.11'"
CONTRACTOR/FIRM NAME:;':
.
Original Contract Amount:
$ 25.682.974.00
(Starting Point)
Current BCC Approved Amount:
$ 25.682.974.00
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 26.150.206.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 473.643.00
,I
Revised Contract/Work order Amount:
$ 26.623.849.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 940.875.00
'.. ;.,;;'..~
Date of last BCC Approval 9/27/05
Agenda Item # 10 F::"
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last BCC approved amount)-1
Results and Actions: Contracts: if the change exceeds 10% of the current BCC amount, then BCC approval is.r~quired; equal to or less than 10%
reported to BCC by the purchasing department. eCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10.000, these changes are reported by the Purchasing Department to the BCC administratively, Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-GCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCe approval is
required. If in doubt. contact your "Contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures. Section IV,3.d, ",,',
3.663
%
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. To increas'e revenue hours and route
chanGes for the followinG period includinG revised yearly costs: add 6.215 hours to continue the April 3rd route
chanGes. $292.107 and to increase revenue hours and route chanGes for the Red Route by 3,804 revenue hours
$181.536. " '
JUSTIFICATION FOR CtiANGE (5): What value or benefit do these changes provide to the project? I
These chan~es were made to expand routes for the benefit of population of Collier County that use public
transportation. ' '
PARTIES CONTACTED REGARDING THE CHANGE: Diane FlaGG ATM D{r~ctor. Elizabeth Suchsland
McDonald Transit Manaqer. and Rhonda Cumminqs. Purchasinq Contract Specialist> '
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
l Proposed change is consistent with the scope of the existing agreement
-.tL 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 partj~s have been consulted regarding the change ~:;
_ Proposed prices, fees and costs set forth in the change are reasonable ','
Revised 3/29/06
Agenda It$m No. 16E 1 ((P a
November 14,2006 -\
Page 34 of 43
Date:
,{
~,. r {::~:~t
".~ .~J~
,'.;,.....;.
-
>-
r
.;;
': d~
Revised 3/29/06
Agenda Item No, 16E 1 '1
hlovember 14,2006
Page 35 of 43
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: US 4' 16" Water Main replacement PROJECT #:
71059
BIDIRFP it: 06-3941 MOO #:
DEPARTMENT: PUED
1
POi#: 4500060223, WORK ORDER #:
N/A
CONTAACTORIFIRM NAME: Akerman Construct'icw., Co. Inc
Original Contrac.t Amount:
$ 3.559.343.00
(Starting Point)
Current BCe App:roved Amount:
$ 3.559.343.00
(Last Total Amount Approved by the BeC)
Current Co;ntract Amount:
$ 3.559..343.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 93.858.00
$ 3.653.201.00
(Including This Change Order)
Revised Contrac:tlWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order: $
93.858.00
Date of Last BCe Approval
Feb 14, 2006
Agenda Item #
10 (E)
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount).1
2.6i
0/0
Resu1t9 and AeUons: Contraclg: If tha change exceeds 10% of the current BOO amount, than BOO approval is requlredi equal to or less tllal1 10%
reported to Bce by the purchasing department. CCNA Work Orders: For all work ordors that exceed $90,000 where the ehange [Ioes not exceed 10%
or $10,000, these chang~s EIre reported by the Purchasing Dspartment to the BCO administratively, Changers to these work ordEn that exceed those
, thresholds require prior BOO approval. NON-CCNA Work: Orders; If the changa exceeds 10% oflhe current Bee amount, tlmn SCC approval II>
required. If In doubt, contact your contract specialist For more specific information regardrng work ordor thresholds, plaasa rater to the Procurement
! Administration Proc~uT9s, Section IV.3,d.
1 CURRENT COMPLETION DATE (S):ORIGlNAL: Januarv 28,2007
I'
I SuMMARY OF PROPOSED CHANGE (S): Identify the changes.
, turn Jane to FDOT specifications.
CURRENT: FebruEIIV 7,2007
This change order i~_ to rebuild the
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to th(~ project?
Dunne the construction of this pipeline, our contractors observed a two feet wide sink hole in the west
bound left turn lana with in the boundaries of the proiect. PUED hired aGeD Teoh consultant to investiaate the
cause of the sink hole and a recommendation to re!)air the turn lane. We found eight sink hc~es with in the turn
lane. Per the report we asked the oontractor to re-build the left turn lane. Per the report it waE; found that the sink
holes were not caused because if the new water main.
PARTIES CONTACTED REGARDING THE CHANGE:
Road Maintenance.
Mr. Bill Mullin. Mr. Mitch Rilev ~RqW. Mr. John Vele,
: IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/M
: -1L Proposed change is consistent with the soope of the existing agreement
-X- Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner oonsistent with the existing agreement
a,~ld...ist for PS 109 &. 113.
Page 1 ofZ
T)ate: Sept<;:mbcr 28, 200.,
,,-.,
-2L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
ENDATlON: This form Is to be signed and dated.
Date: '!(J/ltfllJ~
Date: I (J (I rfOb
PROJECT MANA
; REVIEWED BY: .
Contra.ot
I
: :
Check Lj,t for I'S 109 &; tn.
Pagc2of2
Agenda Item No, 16E 1 '/1r.
November 14, 2006 '"'
Page 36 of 43
Date: September 28. 2006
PROJECT NAME: '
CONTRACTIWORK ORDER MODIFICATION
~~~
Lakewood Blvd at Davis Blvd IrKe;~~provements
Agenda Item No, 16E 1
November 14, 2006
, "P, ag83:.>73 /
~/'~
'"
#: 60016 "
BID/RFP #: 05;,3773 MOD #:
1
PO#: 4500062373 WORK ORDER #: BOC-FT -3773.;06-07
DEPARTMENT: TECM
CONTRACTOR/FIRM NAME:
Bonness. 'nc.
Original Contract Amount: $ 199.722.62
(Starting Point)
Current BCC Approved Amount: $ N/A
(Last Total Amount Approved by the BCe)
Current Contract Amount: $ 178.976.84 ,/ rM A ~~ I (p 2. '
(Including All Changes. 0 To This Modification)
Change Amount: $ (20.745.78)
RevisedContractIWork Order Amount: $ 178~976.84
(Including This Change Order)
Cumulative DoUar Value of Changes to this ContractIWork Order: $( 20.745.78)
Date of Last BCC Approval
N/A
Agenda Item #
N/A
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bee approved amount)-1
Results and Actions: Contracts: It'the change exceeds 10% of the current BCe amount, then BCe approval is required; equal to or less than 10%
reported to BCe by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exce'ed 10%
or $10,000, these changes are reported by the Purchasing Department to the BCC administratively, Changers to these work orders that exceed those,
thresholds require prior BCe approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then Bee approval is
required, If in doubt, coniact your contract specialist, For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV,3,d, '
(10.4)
%
CURRENT COMPLETION DATE (S):ORIGlNAL: Auqust 5, 2006 CURRENT: Auqust 12. 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Variable messaqe siqns, millinq, and' 9
of the loop detectors were not used in the work, We relocated an additional pedestrian detector.'
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
These chanoes were due to, field conditions that made some items unnecessarvand an . additional
pedestrian detector relocation necessary.
PARTIES CONTACTED REGARDING THE CHANGE: Bonness. Inc, E,B; Simmons, lnc" Traffic Operations.
TECM
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y.J-l or N/A)
/' Proposed change is consistent with the scope of the existing agreement
L Proposed change isin fact an addition or deletionto the existing scope
..:J... Change is being implemented in a manner consistent with the existing agreement
.::{ The, appropriate parties have been consulted regarding the change
~ Proposed prices. feesand costs seUorth in the change are reasonable
; ~.., :.!
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY:
Date:
Date:
.~~-
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E1
November 14, 2006
Page 38 of 43
~
PROJECT NAME: Clinic Renovations for Risk Manaoement. Buildino D PROJECT #: NA
"'"---
BID/RFP #: 02-3349 MOD #: _1
PO#: 4500060644
WORK ORDER #: PBS-02-52
DEPARTMENT: Facilities ManaClement
CONTRACTOR/FIRM NAME: Wall Svstems of SW. FL d/b/a Professional
BuildinQ Systems (PBS)
Original Contract Amount:
$ 178.450,00
(Starting Point)
Current BCC Approved Amount:
$ 178.450,00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 178.450,00
(Including All Changes Prior To This Modification)
$ 17,131,00
$ 195.581,00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 17 ,131,00
Change Amount:
Revised ContractIWork Order Amount:
Date of Last BCC Approval March 28. 2006 Agenda Item # 16,EA
Percentage of the change over/under current contract amount 9,60 %
Formula: (Revised Amount / Last BCC approved amount)-1
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or
less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where
the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively.
Changers to these work orders that exceed those thresholds require prior BCC approval. NON-CCNA Work Orders: If the change
exceeds 10% of the current BCC amount, then BCC approval is required, If in doubt, contact your contract specialist. For more specific
information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV,3,d,
CURRENT COMPLETION DATE (S):ORIGINAL:
10/14/2006
CURRENT:
11/14/2006
SUMMARY OF PROPOSED CHANGE IS): Identify the chanqes, To provide for the addition of fire dampers to the corridor to brinq the
proiect UP to code, and to allow for the addition of two (2) sinks and cabinets as requested by the owner/occupant request, Also included in
this chanQe order is an extension of time by 30 calendar days to accommodate these chanaes, The revised completion date is November
14,2006.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? To brina the proiect up to tire
code and to provide additional sinks and cabinets as requested by Risk Manaqement and Vocatus Medical Group,
PARTIES CONTACTED REGARDING THE CHANGE: Jeff Walker, Risk Management; Steve Carnell, Purchasing; Rhonda Tibbetts,
Purchasing and Linda Jackson Best, Purchasing,
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor 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
N: This form is to be signed and dated.
.. Date: i.,h -v/tY 6
na 1~l-;d'
I .
APPROVE BY:
REVIEWED BY:
Revised 8/0712006
CONTRACTIWORK 'ORDER MODIFICATION
CHECKLIST FORM
Agenda Item ['-10. 16E 1 3
November 14, 2006
Page 39 of 43
PROJECT NAME: Pelican Bay/Covington Row Fire Suppression Improvements
PROJECT #:
740231
SID/RFP #: 01-3290 MOD #: 2
?O#: 4500063209 WORK ORDER #: WMF-F]"-3290-06-01
DEPARTMENT: PUED
CONTRACTOR/FIRM NAME: Wilson Miller Ino
Original Contract Amount:
$ 15,000.00
(Starting Point)
Current Bee Approved Amount:
$ N/A
(fA'll: Total Amount Approved by the BeC)
Current Contract Amount:
$ 15, 000.00
(Including All Chl11\&eS PriOT To This Modification)
Change Antount:
$ -o-
S 15,000.00
(Including This C11l\ntp: Orocr)
Revised ContractfWork Order Amount:
Cumulative DoUar Value of Changes to this ContrRctIWork Order: $ 15, 000.00
Date of Last Bce Approval
NONe REQUIRED
Agenda Item #
N/A
Percentage of the change over/under current contract amount 0.00 %
Formula: (Revised Amount I Last ace approved amount)-1
Results and Actions: Corrtracts: If the c'lange exceeds 10% of the current Bce amount. then Bee approval is required; equa I to or less than 10%
reported ~o BCe by the purchasing depanment. CCNA Work Orders; For all worn orde~ that exceed $90,000 when! the change does not exceed 10%
or $10.000, these changes are reported by the Purchasing Deparlmenllo the BCC adminlslllltively. Changers to these work orders that exceed those
thresholds requIre prior Bce approval. NON-CCNA Wort Orders: If the change exceeds 10% of the current Bce amount, ':hen Bec approval Is
required. If in doubt. contact your contra<:t specialist. For more specific Informallon regarding work ortler threshofcl1l, plesee refm to the progurement
Admini$tration Procedures, SectiOn IV.3,d.
CURRENT COMPLETION DATE (S):ORIGINAL: 08/01/06
CURRENT: 09/29/06
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Additional Services requit'e~d to prepare
Additional legal descriptions and sketches for additional easement acquIsition.
JUSTIFICATION FOR CHANGE (S): What v31ue or benefit do these change$ provide to the project?
~p'revious change was to establish easement from 1 (one) Homeowners Association(HOA), ;an additional
HOA has been determined to have jurisdiction over the site in 9.l:!.estion and is to be added.
PARTIES CONTACTED REGARDING THE CHANGE: Wilson Miller, Water Distribution Dp.pt
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
~ Proposed change is consistent with the scope oflhe exis~ng agreement
..L..... PropOSed change Is In fact all llddition or deletion to the existing scope
~ Change i, being implemented [n a manner consistent with the existing agmemelll
....y...-. The appropriate partie$ha\le been ':;onsultEld regarding the change
~ Proposed change is consistent with the scope of the existing agreement
~ Proposed prloas, fees end costs set forth In the change are reasonable
REVIEWED BY;
PROJECT MANA~OI\llM~~hjS form is to be signed and d~ted. \ ....... J ~
APPROVE BY: ' ~~_ Date: t\ _ 9.,-'1 _~_
Proie Manager
~^ )~1 Y< )I~-e Date: c;'/2. 7/0(;,
cOM.rallpecfa ist . / /
Revised 3/29/06
, CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No, 16E1
November 14, 2006
Page 40 of 43
1
PROJECT NAME: SCRWfP-8MGD REV OSMS EXPA PROJECT #: 70054
BID/RFP #: 04-3588 MOD#: 1_PO#:_ 4500057565 WORK ORDER #:_FEI-FT-3588-06-03
DEPARTMENT:
PUED
CONTRACTOR/FIRM NAME:
INC
Original Contract Amount:
$ _$ 8,000.00
(Starting Point)
Current BCe Approved Amount:
$_NA
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ $ 8,000.00
(Including All Changes Prior To This Modification)
Change Amount:
$_4,000.00
$_12,000.00
(Including This Change Order)
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $_ ~,O(rO.OO
LI. ()C!f!J~ ro
#
Date of Last BCC Approval
Agenda Item #
N/A
%
Percentage of the change over/under current contract amount
Fonnula: (Revised Amount I Last Bee approved amount)-1
50
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10%
reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the BCC administratively, Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval is
required, If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV,3.d,
CURRENT COMPLETION DATE (S):ORIGINAL: CURRENT:
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Because additional corrosion and pinholes
were discovered in other areas of stainless piping, additional testinq is required.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project?
PARTIES CONTACTED REGARDING THE CHANGE: By performing these additional metal analyses it will help
prevent further corrosion to the stainless steel piping.
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
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
_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 RECO~E'ATION,: This form is to be signed and dated.
I\PPROVE BY: J? t/> ~ Date: ~ 1-fc.
ProJe t nager I I I /
REVIEWED BY: Date: ~/I';;Z~/OG
Con r
Revised 3/29/06
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Tlgertail Beach Park Boardwalk Repair PROJECT #: 90023
,u.genda ITem 1\)0, 'I at:: 'I
November 14, 2006
Page 41 of 43
-s-
BIDIRFP #: 02.3349 MOD #:
1
PO#:_4500062660 WORK ORDER #: CT-02~9
DEPARTMENT:_Parks and Recreation
CONTRACTORIF/RM NAME:
The Chris-Tel Company
Original Contract Amount:
$57,848.00
(Starting Point)
Current Bce Approved Amount:
$79,848.00
Current Contract Amount: $
(Last Total Amount Approved by the BCC)
79,848,00
(Including All Changes Prior To This Modification)
5704.00
Change Amount: $
Revised ContractlWork Order Amount: $
85.552.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Work Order: $ 27.704.00
Date of Last BCC Approval 4/11/06
Agenda Item # 16(0)1
Percentage of the change over/under current contract amount + 7.14 %
Formula: (Revised Amount / Last BCe approved amount)-1
0/0
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or
less than 10% reported to BCC by the purchasing department. CCNA Work Orders: For all work orders that exceed $90,000 where
the change does not exceed 10% or $10,000, these changes are reported by the Purchasing Department to the BCC administratively,
Changers to these work orders that exceed those thresholds require prior BCC approval. NON-CCNA Work Orders: lf the change
exceeds 10% of the current BCC amount, then BCe approval is required, If in doubt, contact your contract specialist. For more specific
information regarding work order thresholds, please refer to the Procurement Administration Procedures, Section IV,3,d,
CURRENT COMPLETION DATE (S):ORIGINAL: 9/211106
CURRENT: 10130/2006
SUMMARV OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order is associated with Owner directed changes
that have resulted because of field conditions. The BCC approved the Work Order on 4/11/2006. At that time, the executive summary
provided for a $20,000 contingency as well as a $2,000 permitting allowance, At the start of this project, 23 termite damaged posts were
known to need replacement at the Tigertail Boardwalk project and were included in the original project. After construction started, 63
additional posts were found to be damaged and the Contractor was instructed to replace them and use the $20,000 contingency established
in the work order to fund the additional work per the approved unit prices. Since that time, 25 additional posts and 72 L.f. of stringers were
found to be in need of replacement. In order to facilitate this new work, $27,704 in additional compensation is required to the contractor,
Overall, $27,704 is required to be added to the Work Order thru this Change Order ($20,000 contingency for the replacement of the 25
termite damaged posts and new stringers + $2,000 for the building permitting + $20,000 for use of the contingency for the replacement of
the 63 additional termite damaged posts). This Change Order selVes to facilitate the use of the permitting and contingency funds for this
project as well as the additional $5,704 for the extra work above the purchase order amount. Additionally, 60 days are being added to the
Work Order to complete this additional work,
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? These changes provide added
value to the owner and result in a finished, safe and effective project. This resulting change order has ment and is substantiated.
PARTIES CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, Beach and Water Manager, Purchasing
Contract Specialist, and County Senior Project Manager.
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
_x_ Proposed change is consistent with the scope of the existing agreement
_x_ Proposed change Is in fact an addition or deletion to the existing scope
_x_ Change is being implemented in a manner consistent with the existing agreement
_x_ The appropriate parties have been consulted regarding the change
_x_ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAG CO D N: his form Is to be signed and date~_
APPROVE BY: Date: /D~
REVIEWED BY: Date: /(~/y:' I cb
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item,No, 16E1
November 14, 2006
Page 42 of 43
~
BID/RFP #: 04-3535 MOD #: 1
PO#: 4500047477
PROJECT #: 74023
WORK ORDER #: UC-112
- PROJECT NAME: Pelican Bav Fire & Irriqation
DEPARTMENT: PUED
CONTRACTOR/FIRM NAME: Kvle Construction, Inc.
Original Contract Amount:
$ 188,000.00
(Starting Point)
Current Bee Approved Amount:
$ NtA
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 188,000.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 18,003.60
$ 206,003.60
(Including This Change Order)
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 18,003.60
, Date of Last BCC Approval
N/A
Agenda Item # Nt A
Percentage of the change over/under current contract amount
Formula: (Revised Amount / Last BCC approved amount)-1
9.58
%
Results and Actions: Contracts: If the change exceeds 10% of the current BCC amount, then BCC approval is required; equal to or less than 10%
reported to BCe by the purchasing department CCNA Work Orders: For all work orders that exceed $90,000 where the change does not exceed 10%
or $10,000, these changes are reported by the Purchasing Department to the BCC administratively, Changers to these work orders that exceed those
thresholds require prior BCC approval. NON-CCNA Work Orders: If the change exceeds 10% of the current BCC amount, then BCC approval Is
, required, If in doubt, contact your contract specialist. For more specific information regarding work order thresholds, please refer to the Procurement
Administration Procedures, Section IV,3,d,
CURRENT COMPLETION DATE (S):ORIGINAL: Auaust 28.2006
17
CURRENT: October ~ 2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Remove and replace existinq asphalt
pavement; repair and replace brick pavers.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Provides onlv acceptable final product for the community due to site conditions encountered durinq construction.
PARTIES CONTACTED REGARDING THE CHANGE: Kvle Construction. Wilson Miller (CEI)
;.
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 MANAGER RECOMMENDATION: This form is to be signed and dated.
-, APPROVED BY: ~~ Date: 16.". Ob
Projec /0. __ J/ __/I r
REVIEWED BY: Date: 'r LJ ~
Contract
Revised 3/29/06
Aaenda Item t--Jo, 16E1
~ November 14, 2006-,.
Page 43 of 43 {
~'
CONTRACT/\VORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: NCWRF Evaluation/Operation Readiness
PROJECT #: 72512
CONSTRUCTION No.: 05-3785
WORK ORDER No.: HM-FT-3785-06-06
CHANGE ORDER No.: 01 P.O. No.: 4500062803 DEPARTMENT: Public Utilities Division
Original Contract Amount: $ 49.490.00
(Starting Point)
Current BeC Approved Amount: $ 49.490.00
(Last Total Amount Approved by the BCC)
Current Contract Amount: $ 49.490.00
(Including all Changes Prior to this Modification)
Change Amount: $ - 0 -
Revised Contract/Work Order Amount: $ 49.490.00
(Including this Change Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: $ - 0-
Date of Last BCC Approval
Agenda Item #
Percentage of the change over/under current contract amount: 0 %
Formula: (Current AmountILast BCC approved amount) -1
Results and Actions: If the change exceeds 10% Bee 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 (8):
SUBSTANTIAL COMPLETION: ORIGINAL: 05/31/06 CURRENT: 05/31/06
FINAL COMPLETION: ORIGINAL: 11/30/07 CURRENT: 1] /30/07
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This Change Order adds
the position of Environmental Operations Specialist to the existing rate schedule at a rate of
$90/hour.
JUSTIFICATION FOR CHANGE (S): What value or benefit do tbese changes provide to
the project? Provide experienced, licensed Class A Wastewater Operator to assist with project
execution.
PdM )cM{lj/1- to/r!(o6
P<..- fL S C(a--t'J-L.(( '7(l. r'IUv IWrll () JJ-r'F
._ I~/(( /0(-,
J'''' (Yl(n:" .:::, P i..'-Cf /3-<....( ~ r 0 1h.1.::'
Agenda Item No, 16E2
November 14, 2006
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to revise award of Bid # 06-4030 - "Motorola Central Control
Irrigation Supplies and Services" to Ag-Tronix, Inc. and Contemporary Controls &
Communications, Inc. The annual expenditures are estimated to be $250,000.
OBJECTIVE: To procure the necessary Motorola supplies and repair/maintenance
services for the County's irrigation systems.
CONSIDERATIONS: On October 10, 2006, the Board of County Commissioners
approved a recommendation to award Bid # 06-4030 (Item 16.B.1) to Contemporary
Controls & Communications as Primary vendor and Ag-Tronix, Inc. as Secondary.
Subsequently, an error in the bid tab was discovered and the award should be revised
and Ag-Tronix, Inc. would be named as primary and Contemporary Controls as
secondary vendor.
FISCAL IMPACT: The cost of the controllers is budgeted within each project.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
/~....
RECOMMENDATION: That the Board of Collier County Commissioners revise the
award of Bid #06-4030 "Motorola Central Control Irrigation Supplies and Services" to
award Ag-Tronix, Inc, as Primary vendor and Contemporary Controls &
Communications, Inc. as Secondary.
Prepared by:
Brenda Brilhart, Purchasing Agent
-
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E2
November 14, 2006
Page 9 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to ievise award of Bid '# 05-4030 - Motoroia Central Controllrngation
Supplies and ServIces to Ag-Trorllx. Inc and COlliernporary Controls & CommunicatIons Inc
The annual expenditures. are estImated to be $250,000
1111412006900,00 '1M
Date
Approved By
Pamela J. Lulich
Transportation Services
Project Manager
Alternative Transportation Modes
101271200610:10 AM
Date
Approved By
Mike Hauer
Administrative Services
Acquisition Manager
Purchasing
10/27/2006 10:23 AM
Date
App roved By
Steve Carnell
Administrative Services
PurchasingJGeneral Svcs. Director
Purchasing
10/30/200610:10 AM
Date
Approved By
Len Golden Price
Administrative Services
Administr.ative Services Administrator
Administrative Services Admin.
10/31120064:57 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/112006 8:35 AM
Date
Approved By
Laura Davisson
County Manager's Office
Management &. Budget Analyst
Office of Management & Blldget
11/1/2006 9:05 AM
Date
Approved By
Michael Smykowski
County Manager's Office
Management S Budget Director
Office of Man.agement & Budget
'11/6/2006 5;20 PM
Date
Approved By
L~o E.. Ochs. Jr.
Board of County
Commissioners
D~puty County Manager
County Manager's Office
11/5/2006 5: 52 PM
Agenda Item No, 16E3
November 14, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve the award of work order WJV-FT-3971-07-01 under
RFP 06-3971, General Contractors Services, to Varian Construction Company for
the interior renovations to the Courthouse third (3rd) floor Judges Chambers at
the Collier County Courthouse, Building "L", in the amount of $131,262.00
OBJECTIVE: To obtain approval from the Board of County Commissioners to award Work
Order WVJ-FT-3971-07-01 to Varian Construction Company for renovations to the third (3rd)
floor of the Collier County Courthouse for an additional Judge's Chamber in the amount of
$131,262.00.
CONSIDERATIONS: In January of 2007, the County will need additional Judges' suites to
accommodate three new Judges. Two new suites have been provided as part of the Fourth
Floor Renovation Project. For the third judge, it is proposed that a jury deliberation room be
converted to a Judge's suite as recommended by Court Administration. The approval of this
Executive Summary (Work Order) will provide for this accommodation. Under this proposal, the
renovated office for this Judge will remain within the Judiciary's protected restricted space,
,""-'"
On October 1 0, 2006, formal notices were distributed to the four General Contractors on the
Annual County Contract for General Contractors Services, On October 23, 2006, one bid, one
no-bid and two non-responsive bidders were received and opened in response to the request
under RFQ #06-3971 for the renovations to the third (3rd) floor Courthouse for new Judges
Chambers. Varian Construction Company was the apparent qualified bidder at $131,262.00.
FISCAL IMPACT: Funds are available within the approved 301 Fund, "Courthouse
Improvements,"
GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth
Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners approves the award of
Work Order WVJ-FT-3971-07-01 to Varian Construction Company for renovations to the third
(3rd) floor of the Collier County Courthouse and authorizes the Facilities Management Director
to sign the Work Order after review and approval by the County Attorney's Office.
PREPARED BY: Robert Fuentes, Project Manager, Department of Facilities Management
-,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E3
November 14, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16::'3
RecommendatIOn to approve the award of work order WJV FT .3971-07,01 under RFP 06.
3971. General Contractors ServIces to Varian ConstructIon Company for the interior
renovations to the Courthouse third (3rd) floor Judges Chambers at It,e Coliler County
Courthouse, Building "L" in the amount of $131.262,00
11/14/20069:0000 AM
Project Manager
Dato
Prepared By
Robert Fuentes
Administrative Services
Facilities Management
1 0/26/2006 3: 1 t : 58 PM
Contracts Agent
Date
Approved By
Linda Best
Administrative Services
Purchasing
1013012006 1 :13 PM
Approved By
Interim Facilities Manager
Date
Damon Gonzales
Administrative Services
Facilities Management
10/30/20068:32 PM
Purchasing/General Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
10/31120[)6 8:44 AM
Facilities Management Director
Date
Approved By
Skip Camp, C,F,M,
Administrative Services
Facilities Management
10/31/2006 11 :03 AM
Len Golden Price
Administrative Services Administrator
Dale
Approved By
Administrative Sentices
Administrative Services Admin.
10/31120064:55 PM
Approved By
Administrative Assistant
Date
OMS Coordinator
County Manager's Office
Office of Management & Budget
11/1120068:35 AM
Susan Usher
Senior Management/Budget Analyst
Date
Approved By
County ManagEr's Office
Office of Management & Budget
11/6120064:32 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
11/6(2006 5: 15 PM
James V. Mudd
Co~mty Manager
Date
Approved By
Board of County
Commisslonfjrs
County Manager's Office
11/6120067:41 PM
WORK ORDER # WVJ-FT-3971-07-01
Agenda Item No, 16E3
November 14, 2006
Page 3 of 8
"General Contractor's Services"
Contract #06-3971, dated September 12, 2006
This Work Order is for general contracting services, subject to the
terms and conditions of the Contract referenced above, for Work
known as: Interior Alterations to the Courthouse Third Floor Judges
Chambers at the Collier County Courthouse, ~Bldg. L".
PROJECT:
The work is specified in the proposal dated October 23, 2006, from
varian Construction Co. which is attached hereto and made apart of
this Work Order. In accordance with Terms and Conditions of the
Agreement referenced above, Work Order #WVJ-FT-3971-07-01 is
assigned to varian Construction Co.
Scooe:
Contractor to provide labor and materials for the renovations
of the 3rd floor Courthouse (BLDG. L) as per Architectural drawings
from Victor Latavish AlA dated September 20, 2006.
Schedule of Work: Complete within 30 days after Notice to Proceed.
Liquidated Damaqes: $984.98 for each calendar days thereafter until
Substantial Completion is achieved.
Comoensation: In accordance with Item 3 of the Agreement, the
County will compensate the Firm in accordance with the negotiated
lump sum amount provided in the schedule below.
Base Bid Lump Sum
Alternate # 1
Alternate # 2
Total
$ 128,066.00
$ 865.00
$ 2,331.00
$ 131,262.00
Any change made subsequent to final department approval will be
considered an additional service and charged according to an
executed Change Order as enumerated in Exhibit D of the Agreement.
REVIEWED BY:
Robert Fuentes, Project Manager
Facilities Management Department
Date
Agenda Item No, 16E3
November 14, 2006
Page 4 of 8
Work Order #WVJ-FT-3971-07-01
Page 2
APPROVED BY:
Skip Camp CFM, Director
Facilities Management Department
Date
varian Construction Co.
ATTEST:
(Corporate Secretary)
By:
Signature
By:
Typed Name and Title
(or) witnesses (2)
(1)
(2 )
Signature
Signature
(print Name)
(print Name)
Approved as to Form and
Legal Sufficiency:
Tom Palmer
Assistant County Attorney
FROJ"I : Wt'1. J. VAR}AN
FAX NO. :2393525396
Oct. 23 2000~ttl~Rl f\f0.1: 16E3
November 14, 2006
Page 5 of 8
TilL. 239-775-1178
FAX 2:-19- 732-0820
CGC061412
CCC 057950
WM. J. VARIAN CONSTRUCTION CO.
GENERAL CONTRACTOR
880 23ra St. SW
Naplest FI341l7
DATE:~1O/23/06
TO: Linda Jackson Best__
FAX:_530 6587
RE: Judges Chambers__...
SPECIAL INSTRUCTIONS:
Linda.
Here is our quote including addendum #1
TIlanJcYw'ou,YJ /.'Qr l
(\ ') I U.
\
Bill Varia!). CGR CAPS
President
NO. OF PAGES INCLUDING COVER: ,...3,
IF THERE IS A PROBLEM WITH THIS FAX, PLEASE CALL (239)- 775- 1178 AND LEA VB A
MESSAGE.
FROM :WM.J.l.lAR:"AN
FAX NO. :2393526396
Oct. 23 2~ee:BI~ ~16E3
November 14, 2006
Page 6 of 8'
COLLlER COUNTY FLORIDA REQtJEST FOR QUOT AT10N # '06..3971 ,
Interior Alterations to the Courthouse Third-Floor Judges Chaml?ers at the Colliet County
. CourthouseF Building L .
PROPOSAL PAGE
DUE DATF.: Monday, October 16, 2006
'D1e l.mdersigned, having carefully examined the Contract Docutnen,tB entitled Interior Alte:ranons t:ci
the Co1:trthouse 3[11 FIoot' Judges Chan1.bet8 a.t the ~ol1ier County Cotttthou,~eF TIilid Floor,
Building L, 'issued by Victor J. Latavish AIA Architect dated 9-20-06 and having visited the site and
examined the conditions affecting the Work, hereby proposes and agrees to ft.1.rni!>h alllabot,
materials, eg,uipment, & accF-I'lSoriefl, and to pel'(orm op~:l'atio:ns necessary to complete the Work as
, required by said proposed Contract DocumentR, for the stipulated sumS of:' ,
Base Bid" the Lump Sum (in words): ON~ ~oI) ~~)(J~..r'-C:t lS\4J,t-1' ~\J..!l b~A.J
~J~ ~(1- ~lLA..&.S-..p~ P -'Ie;' Dg)lm- $ l~; O{O Co, b,.':..
TIME
Contracto1' proposes tn complete the Work within the following nU1nber of calendar days froml1.otice
to proceed or receipt or building permits, whichever occurs later: z..,/ ffl~ ~' ~
Total Construction 'Time: ~ ~1?-.~a1endar days
IN WITNE.SS WHEREOF, VVTI have hereunto subscribed ow:, names on this M.J- day of
01-~!b ~ , .2006 in the County of Co J I \ It'l. . in the SU'lte of Pic ~ .4, .'
_~~ ' s . VAib\fy) (1 ,.'i;. 7..,~ IJJ <-
Finn's Complete l.egal Name
Phone No, /7,r::..-,L{ ~ e>
Pax No. "13 ~ 0020
EmaiJ,: I j.J''3.~ \ qq d,e:~) At) L ~~'"Yl1
,..f2EO 2. 3 LS7. 5 tA..)
Address '
}.j~ ~1.tT;. fC-"<-" ~t.f'll "7
1 ~ty, State, Zip
BY: t ~J-..- ·
Signa,ture
P' Q.e So (.16J'1....T
, Title \ I
WILL~..J. V~{4\W
Name Typed/P1'inted
t tlj ,:).3/0.3L.._
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10/23/2005 02:28
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I RFQ Number'06-3971 - Due Date: Monday> October 16,2006' .
,J~tlo:t".1.\1te:ratiO~ to the' Courthouse Third' ~loor Judges Ch~mberfi at the Comer COU~f:);
, /" Courthouse, , Building L '
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2392250503
CHRISTEL
Agenda 1~~o~~Q~J
November 14, 2Mt
, Page 7 of 8
COLLIER.COUN!Y FLORIDA 'REQUEST FOR Q{!OTATION
,NON-QUOrnR'S RESPONSE
F.
n~e:
I , ,
,11 the event that yqu are Unable to snbIDit a response for this quote, please return to.is form to: Linda
I aclcson Best, Contract SpeciaJist, 3301 Tamiarni Trail East, Purchasing> :Building G, Naples, FL 34112.
fi fe, 'are, not' responding tp thi~ Request For Information/Quotation for' the following
'I 8..'5_00(1;)
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FROM :WM.J.VARIAN
FAX NO. :2393526396
Agenda Item No. 16E3
NQye..mb.er 14. 2006
Oct. 23 2006 03:.:\~age38 of 8
".. e
~
- 'COLLIER COUNTY GOVERNMENT
Ptttcha.sing Building
3301 E. Tamiami Trail
Naples, Florida 34112
Telephone: 239/774-8990
FAX: 289/580-6587
Administrative Services DivisioJ!
Purchasing Department
ADDEMDUM
'fO:
All Awarded Contractors
FROM:
Linda. Jackson Best, Contrad Specialist
DATE:
Tuesday, October 10, 2.006
RTh Addendum #1: lntedor Alterations to the Courthouse Third Floor Judges Chambe't'll at the Colliet
County Courthuuse, Building L
Addendom #J coven! the following changes and clariflcatiuns:
Change: The quote due date has been changed !:o 4:00 01\ Monday. Oct()h~r 2:1rd.
"
Oarlfka.tion:
Page A2.1 Contractor to provide card reader at main entrance door, r.n. He.ader provided by Johnson
Control!!.
Ptl.g'e A4.2 Sectiun 09680 Carpel:: Mohawk, StaU-tuft III Modular #Ml'008, color Seaweed.
AQg Quote Alternates:
Alternate t. Page Al.1, Floor Plan KeyM~s, #2 - Alt md 1wHrratcdHM Sid.cHtcw/wirc glass, inIicu d 1
hr. rah!d partition.
.... .-.-. I . . . ('J ,flr;/t '1t1t...--
Lump S'tlm In words: ~(G.f.A: \ "(,A-V'.AI.)t2.cv.1 ">1.'+1 ~_. Dollars $
Alternate 2. Page EO:l Keynn~ #1.7 and #18-
!!/.oS o~
Keynok~ #17 - Provide l:\lternate hid pridnfJ to provide and. install new waIlwash light fixtul'e equal to ,
Gotham DL WF~ 1/26 TRT -6AR-MVOL T -DMI IL-LRC
KeYl,ol:eH #18 - Provide aIte1'1\I:\te bill pricing tc) prtlvide and inf'ltall new wiring and dimmer swilx::h for
wallwash light fixtures. l-"rovide new circ:tllt brea,kcr back to lighlinp; control panelserv:i:ng same room.
r .um,p Sum In words: Iw& ~u:..o.Jl. "U\Ulo t\'C..UI ~ '""t"lA~1 r,'~ars $+J...g, L~~~_ tl~
c.~C: Ro bel't Fuentes, Facilities Management
f ( ?;/ ,;Z fa "2- "
Agenda Item No, 16E4
November 14, 2006
Page 1 of 32
EXECUTIVE SUMMARY
Recommendation to amend Contract 05-3864, Website Redesign with
Vision Internet Providers, Inc. (Estimated Cost $30,000) to further automate
the vendor registration, bid solicitation and bid submission processes.
OBJECTIVE: To further automate the formal vendor solicitation and bidding
processes to better service our customers and to attract potential suppliers by
offering an easily accessible vehicle for doing business with Collier County.
CONSIDERATIONS: The Board of County Commissioners awarded the
referenced contract in regular session on January 24, 2006. The Purchasing
Department's adopted budget includes funds for the acquisition of services to
develop an electronic procurement tool that will allow vendors to register, receive
invitations and tender bid offers online. The recommended firm is under contract
for the redesign of Collier County's website, and the contract allows for additional
assignments. Accordingly, staff recommends amending the current contract with
Vision Internet Providers, Inc. The County's new website and the e-procurement
tool will be integrated.
FISCAL IMPACT: The e-procurement tool is estimated to be $30,000. Funds
for this project are budgeted in the Purchasing Department's operating budget.
GROWTH MANAGEMENT IMPACT: There is no impact on the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the
amendment for the e-Procurement tool with Vision Internet Providers, Inc. and
authorize the chairman to sign the County Attorney approved amendment.
PREPARED BY:
Manager
Michael F. Hauer, CPPO, CPPB, Purchasing Acquisition
,....-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E4
November 14, 2006
Page 2 of 32
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E4
Recommenaahon to amend contract 04-3864 to obtain services to Implement on line vendor
registration, bid solicitation and bid receiVing functions
11/14/20069.00:00 AM
Acquisition Manager
Date
Prepared By
Mike Hauer
Administrative Services
Purchasing
10/11120062:52:53 PM
PurchasingfGeneral Svcs Director
Date
Approved By
Steve Carnell
Administrative Services
Purchasing
10/11120062:56 PM
Approved By
John Torre
County Managers Office
Communications and Customer
Relations Director
Date
Communication & Customer Relations
10/26/20069:35 AM
Acquisition Manager
Date
Approved By
MIke Hauer
Administrative Services
Purcha:s.ing
10/26120069:50 AM
Administrative Service-s Administrator
Date
Approved By
Len Golden Price
Administrative Services
Administrative Services Admin,
11/1/200& 4:17 PM
OM B Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
1112/200611 :17 AM
Laura Davisson
Management & Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/2/2006 2:29 PM
M icl1ael Smykowski
Management 8. Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
11/3/20065:51 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Commissioners
County Managor's Office
11/3/20066:37 PM
Agenda Item No, 16E4
November 14, 2006
Page 3 of 32
EXHIBIT A-I Contract Amendment # I
Contract #05-3864
"Collier County Website Redesign"
This amendment, dated , 2006 to the referenced agreement shall be by and between the parties to the original
Agreement, Vision Internet Providcrs, Inc, (to be rcfcrrcd to as "Consultant") and Collier County, Florida, (to be referred to
as "Owncr"),
Statement of Understanding
RE: Contract #05-3864, "Collier County Website Redesign"
In order to continuc the services provided for in the original Contract document referenced above, the Consultant agrees to
amend the above referenced Contract as per the Supplemental Authorization Exhibit "AI-A" attached to this Amendment
and incorporated herein by reference,
The following change to tbe above referenced agreement has been mutually agreed to by the Consultant and the County:
Add Services: Implementation of the Vision e-Procurement Tool to Improve Vendor Outreach and Streamline Operations,
The Consultant agrees that this amends the original Contract and that the Consultant agrees to complete said services in the
amount of twenty nine thousand, nine hundred and fifty ($29,950) dollars, This cost includes the base price of nineteen
thousand, nine hundred fifty ($19,950) dollars, and three (3), options, Automated Bid Item Configuration, one thousand,
five hundred ($1,500) dollars; e-Notification Fee Option, six thousand, five hundred ($6,500) dollars; and Additional
Customizations, two thousand ($2,000) dollars as per page twenty six (26) of Exhibit "AI-A",
All other terms and conditions of the agreement shall remain in force,
IN WITNESS WHEREOF, the Consultant and the County bave each, respectively, by an authorized person or agent,
hereunder set their hands and seals on the date(s) indicated below,
Accepted:
,2006
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
even B. Chapin, President
BY~~
W~~~ CK I;~~C
Type/Print Witness Name
By:
, Frank Ha~as, Chairmany ~
B~-I--
Michael F. Hauer, Acquisitions Manager
ATTEST:
D~P~TMENT DIRECTOR~
By, ..~n ~.
- Step en Y. Carnc
Dwight E. Brock, Clerk
Approved as to form and
Legal sufficiency:
CONTRACT SPECIALIST
By:
Linda Jackson Best
Assistant County Attorney
Print/Type Name
Agenda Item No, 16E4
November 14, 2006
Page 4 of 32
EXHIBIT AI-A
Contract Amendment # 1
Contract #05-3864, "Collier County Website Redesign"
A Proposal for
Collier County
Implementation of the
Vision e-Procurement Tool to
Improve Vendor Outreach and
Streamline Operations
vision
I r:' t.r n et
Prepared by
Steve Chapin
Vision Internet
2530 Wilshire Blvd.; 2nd Floor
Santa Monica, CA 90403
(888) 263-8847
www.visioninternet.com
August 29 t 2006
-
Agenda Item No. 16E4
November 14, 2006
Page 5 of 32
TABLE OF CONTENTS
I NTRODUCTORY LETTER................................... ................................. ..... ............. 1
INTRODUCTION.................................................................................................... 2
VISION E-PROCUREMENT TOOL FROM VENDORS' PERSPECTIVE....................... 2
VENDOR LOGIN AND REGISTRATION.. ....... ........... ............. ....... ............ .............................. 2
To REGISTER AS ANEW VENDOR,.. ,..,........... ...... ....................... .......................................4
VIEWING BID DETAILS"..... ...., ......... ............,. ....... .....................,.. .......... ........... ...... ........,,6
DOWNLOADING DOCUMENTS............,..".. ........... ........ ........ .......... .....................",'.., ...,..,6
QUESTIONS AND ANSWERS..,..... ............. ............... ...... ............. .......,... ........... .................. 8
SUBMITTING A BID....,......, ................................................... .......... ..,.".'.. ............."..,.......8
VISION E-PROCUREMENT TOOL FROM STAFF PERSPECTIVE............................ 12
OVERVIEW FROM AN ADMINISTRATOR'S PERSPECTIVE .......................................................12
CREATING A BID......,.................... ..,.,..... ........... ..........,............ ....... ...........................,.. 13
ADDENDUMS .... ...... ...... .............,....... ........................... ...... ..................,.... .................... 16
ANSWERING QUESTIONS"..,......,... ..,..,.,...,.........,......'". .................... '........... .............,... 18
EVALUATING BID RESULTS..........,. ....",.........,....,.........' ................ ,.. ........ ......................., 19
MANAGING VENDORS,..............,..................... .... ....... ....... ....... ........, .................",.,......, 19
SYSTEM SECURITY................. ......................... ........ ..... ...... .... .......... ...................21
CUSTOM IZA TIONS.............. .......... ...... ....... .................... ... ....... ....... ....... ...... .......22
SUPPORT AND MAINTENANCE ....... ... ....... .................. .......................................24
UPGRADES AND MAINTENANCE.."... ....,.... .......... ....,.". .......... ....... .............. ............ .......,24
TECHNICAL SUPPORT............,....."".. ..................",.....................,......,.....,.... ........ .........,24
INVESTMENT PROPOSAL...... ....... ............... ...... ..... ...... ..................... ..................26
OPTIONAL MAINTENANCE AND SUPPORT ..,. ........ ..... ...................... .................................26
CONCLUSION ................................................ ................ ............................... ......27
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Agenda Item No. 16E4
November 14, 2006
Page 6 of 32
INTRODUCTORY LETTER
Mike Hauer, CPPO, CPPB
Collier County BOCC. Purchasing Department
3301 Tamiami Trail East, Bldg. "G"
Naples, FL 34112
Re: Quote for Vision e-Procurement Tool
Dear Mike;
Thank you again for arranging our meeting to demonstrate our Vision e-Procurement
Tool. We have enjoyed working with the County to develop your new website and it
would be an honor to work with you to also implement our e-procurement tool. The
Vision e-Procurement Tool was designed in partnership with other agencies to provide
the optimum balance between ease of use, cost, and time saved for staff members.
The tool will not only cut costs but it will also improve your overall purchasing
operations.
As you have requested, we have updated our proposal to include the customizations
we discussed. They include:
o e-Payment option for bid notifications
Q Automated bid item setup function
Each of these, along with its price, has been added to the proposal as an optional
function. Additionally, we talked about adding the ability to upload multiple award
documents for each bid, In working through this with our staff. I realized that this
function already exists. This quote also includes a budget for additional customizations.
Please let us know if you require further clarification or have any other questions. Thank
you again for your time and consideration.
Respectfully submitted,
/~~~
Steve Chapin
President, Vision Internet Providers, Inc,
1
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Agenda Item No, 16E4
November 14, 2006
Page 7 of 32
INTRODUCTION
To make it easier for you to understand how the Vision e-Procurement Tool works, we
have created a description from both the Vendors' and the Staff's perspective. It
should make it very clear how the tool works, and how you will benefit from
implementation.
VISION E-PROCUREMENT TOOL FROM VENDORS' PERSPECTIVE
The first thing you will notice about the Vision e-Procurement Tool is that it completely
integrates with your existing website. This allows you to preserve your agency branding
while providing vendors with a better overall experience.
1&-..( ,.,.......,<::... IJY.l:.;FCOLlEGE STAllON
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Figure 1 Screen capture showing current active bids
In the default view, vendors will see the active bids, Navigation is clear, and vendors
can easily identify where to see previous bids, to login, or to register as a vendor.
NOTE: In order to provide more workable space for information, we recommend
that we create a new template that includes the website header, but not the side
navigation.
Vendor Login and Registration
Previously registered vendors can login to view the specifications of a bid opportunity,
submit questions, review answers to questions, or enter a bid. When the vendor
attempts to view the details of a bid, they are prompted to login. This ensures any
2
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Agenda Item No. 16E4
November 14, 2006
Page 8 of 32
addendums, and responses to questions, are properly distributed to all vendors that
may be bidding.
11il'l'___un..n...........~..,!I'-'~.n.__--..__.Oft.
Bid Title: p..lntlng of Street Light Poles
Bid NUlnber: Bid DSe 27
Bid Specifications
4
City' CitY 01 Coll~oe Station
Bid s~rts: Wednesday, November 24, 2004 9:00:00 il.M Central
Bid Ends: Thursday, Cl""embe, 09, 200~ 2:00:00 P~1 C..ntrlll
Commodity: Point,Coatings, W31lpllPer
Sub<ommodil;y; Paints, Traffic
Submission Method: Manual
TO VIew bid detail, addenda, or to subrmt Il bid online, ~Ifase did< h,.,.., to IODin first
Foraot your oassword?
R.fi!aister New VendOt'
. Go to Bid L,st
Figure 2 To view the details of a bid, the vendor must login.
From the bid summary page, a vendor is able to click directly to the form to login,
recover their password, or register as a new vendor, The form below shows the screen
for logging in.
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ReQi$tration and Login allows you to obtain detailed specifications, addenda, or to submit
a bid online.
lJseraame
pa_ord
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Foraet your oassWl"\rd7
~
If you are not already reQistered, please dick here to reaister as a tiN ',endor.
Figure 3 Vendors login to view bid information and access advanced functions.
If the vendor forgets their password, they can retrieve it via the recovery function. It
will send their password directly to their email box.
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Figure 4 Vendor is able to recover their forgotten password.
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., U.I"nu,m", .'4: ':"'.'.'--f'l1;W\'4: a!'l.d on...... cenuin b.h.".~ ~ .JI'~!. ..~ Jlptlan",m.nc -;hi{.;t.:nr.. :'0(0 "pac.' or
;l~..(:iJI C.'la-'JCt...-. .11_of'lIl.
1010 ii::'il<i=s",:"at }If~ ~'''''f..'li.flSHj..~ "toe ~,.yo.:"Oj')r.ln b.-r_4I'n...r: ll-flt;! ~6 .ll'h..n~lTt...lc (;hlt.t.t6f:J ,~ th. fJ;lt-o""'-n-g
.~id ~".fr'<i'~'."'l~. - :#.,~,..t..t(:,.l'~(I f.~.~'U ..II~~.
Figure 5 Simple vendor registration form,
systems reload the page, forcing the vendor to
very frustrated when this happens!
Agenda Item No. 16E4
November 14, 2006
Page 9 of 32
The wizard-type interface walks
vendors through step by step.
The first step is to provide
basic items such as address
and other contact information.
This can be customized to
include any information
important for you to capture
from your vendors'.
The form to the left shows the
first step in the registration
process. The required fields are
indicated below; however,
these can be customized for
your needs.
Functionality that your vendors
will really appreciate includes:
I:l Ability to have multiple
email addresses receive
bid opportunities, (This
prevents the need of
multiple accounts for
the same company,)
I:l Having information
retained in the form so
it is not lost when they
make a mistake.
Surprisingly, many competing
reenter information. Vendors get
ltim@Vi~-i~~i~t;ernet;. com;procur~~~;';-~@;;'-;;.i~;int:e:met . ".
. c:om
(Required)
One of the e-mail addresses I;; "Ii'eady in use. Please use another,
.. More than one address may be entered.
Use a semicolon to ~eparate addresses.
E-mail Address i
(es)
Figure 6 If the vendor makes a mistake on the form, their information is retained
and they get a clear message telling them how to correct the problem.
, Because of time constraints, the amount of customization will be limited, You will need to
provide us a list of any changes you require and we will have to evaluate the feasibility for
implementing them within your timeframe,
4
l
, -, ~.ft~
:....,..:,~.;c-......
.~~~~~_.-~.
-iJ~;'
.~. ....
-.r.
:".:",~,~~,~~'
':.lfj:~"f~-
Agenda Item No, 16E4
November 14. 2006
Page 10 of 32
After saving the basic information, the vendor proceeds to the commodity code
registration.
There are three different options a vendor can use for finding commodities.
a Choose a Commodity: You can use the dropdown menu on the top to choose
a commodity. When you select one, that commodity's subcommodities are
displayed in a list at the bottom.
A 1,~..lhd... t )(J"red (\1..1....1 MY Hut., My: p,u,ld, 11... ~ or"IJ"nI1It...~ tH",'ul
Thanks for't"our'int4:rest In our on~ljn'i biddtno systeml
To complete your reglstration, pl4:,iI.e'sele<:t one or more commodities by browstnv Dr
seard'ung tor <commodities and subcommoditle:S. You wfU beautomaticalh~ notified by e~
mail for brd;propoaal opportunities accordino to your selected con1modities.
Choose.. commodity
View All COmmodities "nd Subcommodlties
All (':nmmerlitil!~ 11M Suftroftrnrnodtt;~
commodlt:y search
seer-en ev: 0 l:;<;:arnm<:>dih' () SUbcommO'd,ty
I Se3r<hJ
Auto &r. Truck "'"inten"nce Items Subcommoditles
I. de,ar Results II Ad<l Commod,ty(ies)
~
b;:i~:~l~~0'~l!I''"''Z~~~,,;I!~;
'Air Con"", ",-, U
Air Fitters 0
, Ant~re<!2" 0
Wheels .and ~im$' 0
wiper Blades, Mot-cr, Refill 0
(<><her) 0
Figure 7 Commodity registration is simple and easy.
a You can click the View
All Commodities and
Subcommodities link
to get a full list of all
that are available in the
system.
o Commodity Search:
You can enter keywords
to search for specific
commodities. Search
results are displayed on
the bottom of the page,
Most vendors prefer the text
search because it is so simple
and easy. In all cases, the
search results are posted
below the search tools;
vendors simply check the
commodities and
subcommodities that apply.
Once a commodity is selected,
it will appear in a list labeled
My Subscribed Commodities
and Subcommodities at the
bottom of the page,
My Subscribed Commodities and Subcommodltles
In order to automatically receive information on bids, please choose
commodities/subcommodities.
Figure 8 The commodities of the vendor.
5
~;.-;.,
.~. " .."~.,,
'". -. . .,~:. .. ,."
,~
Agenda Item No. 16E4
November 14, 2006
Page 11 of 32
TAMPER PREVENTION
To complete the registration process, the vendor must respond to a confirmation email
sent to them, They do so by clicking on a link in the email. They then see a message
confirming their registration, This prevents someone form completing a bogus
registration. To protect vendor information, it is stored in a secure Microsoft SOL
Server. To further protect information and prevent tampering, all information is
encrypted with a 128 bit encryption,
NOTE: From the administrative section of the Vision e-Procurement Tool, your staff is
able to add new vendors and include them in the appropriate commodity code so that
they receive the bid information, For more information, see page 19.
Viewing Bid Details
Once the vendor has registered and logged into the Vision e-Procurement Tool, they
are able to view the details of open bids and download bid documents.
Art"/P. fhe!.., f f lo:IHrt't1 th4~ My flu1.. My f'rohle , My (Almmodl\w" ! IOQnltl
Bid TrUe; Tires
Bid Number: Test090304
Bid Summary I SDecific:ationSi Tmms and Condit1cn~ I QiA I ~ I Submit Sid Onlme
Oty;~'1
Contact: ~..~.n.~.t.::..i~
S,d Stat!S: ""UO'sdav. S~pt,,,,b,,, 0;, 2004 8:00'00 AM Cent1'llf
Bid Ends: Fnday, SE:ptemoer 30, 2005 2:00:00 Pi., Central
SUbmtsSlon M-a-hod: ElectronIc
wo
c"d,
,~I
IlIe:;
;','Iote Manuf<&t:tl",1rer 6. Part
.
"'_ Go to Bid LIst
Figure 9 After logging in, the vendor can see the details of the bid opportunity.
Downloading Documents
The bid details include the listing of specific items to bid on, specifications and other
documents they need to download, posted questions and answers, and addendums.
Below is an example screen showing the documents for the vendor to download, In
most cases, you will use Adobe PDF documents. When the vendor downloads the
documents, they are automatically registered as a vendor for the project and they are
added to the list of vendors that receive responses to questions and addendums.
6
_ ... '-~" :A~~~:L.~/,:~~.
_S.>i",,,,.
.....,:;.;.'..."...:
.': ',,',--<,..~, : .
:~',
'.......
Agenda Item No, 16E4
November 14, 2006
Page 12 of 32
l\~ l'VI Olfh. I xp.rl'd Oul"-lo Mv 'hd', I Mv I'rnllh MV (o{lHnu,hll~..... I \HJuut
Bid Title: Interior painting
Bid Number: DS 0426
Bid SummarY 1 specifications, Terms, and Conditions I QM
City: !(emo Sthool Dtstrict
Contact: .;unk2CnetvlD,com
Bid Starts: Sunday. September 26, 2004
Bid Ends: Friday, September 30, :2005 5:00:00
Submisston "Iethod: t4anual
"Co-n,stru(;tion Se.rvices General Ccnt.-,,;tOrs
~
Name: OS 0426 spec,RFP,doc "
Type; Microsoftw!1ril OoaJlTlellt, 32,5KB, 't>'.'"
From: beta;netvlP.com
Specifications, Terms, and Conditions
BEe
Posted Date: Saturday, September 25,2004 5:24[
,
Samole Contract i
Posted Date: saturday, September 25,2004 5:241
Qpen ]1 Save 11 ~
(t1);;"1 'While fUel; tram the.1ntenlel. can be useful, some fiM can potenlii!llly
U harmyour~L1er,lf you do nottlUSl the source, do not open or
save thls!fe, Whet's the osk?
<< Go to Bid List J
Figure 10 The documents that a vendor must download. They can include bidding
guidelines, sample contract, specifications, drawings, or any other important documents.
When the vendor clicks on the link, they will be prompted to either open or save the
file.
7
Agenda Item No, 16E4
November 14, 2006
Page 13 of 32
Questions and Answers
The Vision e-Procurement Tool makes it easy for vendors to post their questions and
view responses. From the Q&A tab, they can see the questions that have been
answered and post questions of their own. Questions are not displayed until staff
review and answer them.
While this is nice for vendors, it is doubly easy for your staff because it dramatically
simplifies the process of responding to questions. For more information, see
"Answering Questions" on page 18,
Attl\/(~ I),do; I txplro.d Bu.ts My Ihd~ M~ (t.nt.l.. My t utlllflOdlh~~~ llJoqHut
Bid Title: Red Brides
8id Number. DC 0401
Bid Summarv I Soedfications. Term., and Conditions I Q&A ! Submit Bid Online
Qt{, Demo Small Cttv
Contact: cit',buver;:lJnet'.jDddm!
B,d Starts' SUnday, S';Dtember 26, 2004 9:00:00 jlN Central
Bid Ends: Friday, September 30,2005 5:00:00 P~1 Central
Submission ~1ethod, Electronic
f'ncks e CIE! _, I)r. ,ju::1.~ ~, 'n9
I- "'.0_. I;
I Question: Do minontv bUSinesses rece"e prefe'ence on th,s proJed:?
Am,wer: ReQlstered MBE companies will r"ClEve a 5"0 preference on pne. "9 e.aluabon.
i Question: Are vou Interested In alternative brick colors"
Answer: Re9,stered MeE compan'es will receive a 50" oreference on pncing evaluations,
Ask a Question
Your auestion may be posted and shared with other ',endors.
i, ~~~'.)ulred)
Send Question
Figure 11 Vendors can view questions asked plus post a
question of their own.
Submitting a Bid
We understand that accepting online bids is not a priority for this project; however,
you may want to consider implementing the online bidding functionality. By accepting
online bids, you will be able to significantly streamline the procurement process and
8
Agenda Item No. 16E4
November 14, 2006
Page 14 of 32
prevent unjustified vendor protests from those claiming not to have received all
documentation. This is because they must download all documents and acknowledge
that they read, understand, and agree with them prior to placement of the bid.
A(t'\ll PH! t )(Jlll~ d Hllh' ""v tl oJ.... Mv Pr(jfl1e t11t 1 ,PUI1I"ihllt'.. lcHJ"ut
Bid TItle: Middle School construction
Bid Number: RFI 1204
ail! Summarv I l"oecitications.Terrns. and Conditions i .QM I Submit Bid Online
City; City of Colleoe Station
Contact: timCnetvio.com
sid Starts: Wednesd;w. December 08. 2004 2:00:00 AM Central
Bid Ends: 'Thursday. D~ember 09,20045:00:00 PM central
Submission t,lethod: ElectronK
5erVIC:~.'c
I ~ ~
~
Bidder's H<1lndbook (downloaded;
Construction Drawlnos <;d,::lwnloaded)
Samole Contract (downloaded)
5DeClfi:-ations (downloaded)
I haY1:! read and ameed to the above t~s and conditions. Click here to submit an online
tuQ,
",Goto15id Ust
Figure 12 A vendor must download all documents and agree to
the terms and conditions prior to bidding on the project.
In placing the bid, the vendor must respond to each element defined for submitting
the bid including the required information, documents, pricing per listing, plus
acknowledge and agree with all downloaded documents and terms. On the following
page is an example of the form the vendor would complete to submit their bid,
9
Agenda Item No,16E4
November 14, 2006
Page 15 of 32
Active Bids I []g!lred_Old.. I tly.8JJ.iJ:.! ~!..r_oi!l~ , My_Comr:n.~_~t~~"! I 15~qO_l~t
Bid ntle: Middle SChool Construction
Bid Number. RFI1204
Bid Summary ! Soecifications. Terms, and Conditions I ~ I Submit Bid Online
please scroll down to fill in your bid and review our disclaimers in detair.
City: City of COlleoe Station
Contact: tim@netvio,com
Bid Starts: Wednesday, December 08,20042:00:00 AM Central
iBid Ends: Thursday, December 09,20045:00:00 PM Central
Submission Method: Electronic
Bid Sheet
Vendor information Form
"" ( Browse",
'" Leave the field empty if you do not wish to bId on the item.
Input 0 if the cost of the item is induded.
102
25000
SQ Ft
Dry Wall
..
101
25000
Sq Ft
Painting
$
..
( Calculate J
Figure 13 An example of the form to be completed to submit a bid.
10
';;"k",:;':':"~
..,.-,.."~;,d~~:-_r
. -'!;;,:~~"
~~~":"rl.:. ;.......:.-:-.a.;~
Agenda Item No, 16E4
November 14, 2006
Page 16 of 32
At the bottom of the bid form is a list of all documents and addendums for the project.
The vendor must acknowledge and agree to all to submit a bid.
Disdllimer
By using the College Station Online Bidding System, you are affimling that you are duly
authorized to submit this bid,. that this bid has not been prepared in collusion with any
other bidder, and that the contents of this bid have not been communicated to any other
bidder prior to the official due date and time, Furthermore, you areacknowledQing that
you have read, understood, and ~ept the terms and conditions of this bid and that your
bid meets or exceeds the minimu'ffi'specifications contained in this invitation to bid.
o I agree.
~,dder's Handbook (downloaded)
o I have downloaded and read the above dOC1.Jment.
Construction Drawinos {downloaded}
o I have downloaded and read the above dOC1.Jment.
samole Contrad: (dow'nloaded)
o I have downloaded and read the above document.
Soecifications (downloaded)
o I have downloaded and read the above document,
l Confirm Bid.. ] I Cancel I
Figure 14 The vendor must again acknowledge receipt and agreement
with each document associated with the project or bid opportunity.
Up until the bid closes, the vendor can edit or withdraw their bids. Afterwards, they
can refer back to past bids but cannot edit or withdraw them,
~9.lve Bids. I ~~ Bu:!... I My Bids. I ""'i.J'Toll~ I tl'i..-~q.!lllfl0911IttS i I OljOut
My Current Bids are bids/proposals that vision Company has submitted on-line
information.
City of
College
Station
RFl1204
Middle Schwt J.2/6;2004
Construction 2: 00: 00 AM
Central
withdraw
Figure 15 Vendor can see a list of their current (open) bids.
11
~~:;;"-"
~~, ~.~~":;"j:..u. ~~~~~~':~,_....i-.. .~
,~:~" :"~'
.oi.:~,~...;.;.' .
.,. "', . ,'-
~~(~'..._~:"~,~.,,,,::;;~~',~;,
Agenda Item No, 16E4
November 14, 2006
Page 17 of 32
VISION E-PROCUREMENT TOOL FROM STAFF PERSPECTIVE
This section explains how the Vision e-Procurement Tool is used by staff and
demonstrates how it improves your procurement operations and cuts procurement
costs, Covered in this section is:
o Overview from an Administrator's Perspective
o Creating a Bid
o Posting Addendums
o Responding to Questions
Overview from an Administrator's Perspective
When the administrator logs in, the view of information and tasks that can be
performed will depend on the role assigned to the user. Additionally, if you are using
the system in a multi-agency environment where several organizations are posting and
accepting bids, they will only see information pertaining to them, For more information
on security, see System Security on page 21.
The functions that can be accessed from the administrative screen are:
o Bids
o Vendors
o Users
I:J Commodities
I:J Agencies2
See the screen on the next page for an explanation of each of the system areas.
Lists aft active bids (mlIke edits and addendums here)
Lists 81ft incomplete bids (blds thet hove not been finished)
lists 011 expired blds (b1dsth81 nave ended - t8bulete, report and award h_)
lists all archived bids (bids thai h8ve ended can be archived hefe)
Cteate e new bid
Incomplete bid.
Expired Bid.
Arch."ed Bids
Lists an vendor s
Add 8 new vendor to the system
This generates 6 list of e.lMil8ddresses of vendors
Lists 811 system edministr8l10n users (meke edtts here)
Add III new system IIldministrcrtion user
2 Agencies are only available in a multi,agency environment,
12
..",:..~' 4;;:J:;~"~~~
,,~ii~.!;~~i':~t~ ;,...
..~~
rd,",
L'. .
~~. -w~- :~;".' "_, ~~,
- ...ii........~~';....
Agenda Item No, 16E4
November 14, 2006
Page 18 of 32
Lists al agencieS (m_.... ....)
Add a new 8lJfltlCY
UM thi. to edit your 6dlfIirUtrtilor pro...
.>
.'log cd ofthuvstem
Figure 16 Sidebar of the administrative screen, Shows the functions available and a
short explanation of how they are used.
Creating a Bid
Creating a bid is simple and easy. The Vision e-Procurement Tool includes a
straightforward wizard-type interface that walks staff through the process of posting
the bid opportunity. In the screen capture below, you see the first step in the process.
Notice the list of steps on the right hand side of the screen.
1ACI GontModitles
~...t-.; '::'~'''"r,,''',1i~...
'-:;,,';;:'<)i<\;-'#
L speClfitat.lont;
f::~.
i&!:a
;,'!.;~J:~~.
Ge"'~(~' ::'~.,\(&~(1~'
::~:;o,:
''':>Uf.
'::-,/:;~ur:f)':::
2, .adm1r Fi.ete:$
(Spl:6f'.'!
_let Numbet-
8~d Title
Bid Type
Bid Start.
), File Re~lie!it:s.
(~eaUtredj
;.~~.~,d!t..~.~~~~..F~r:~_~_(j [F~eQulred)
EI~ctt'cnlc
.to, E'H<lltem$
: -00' L'::'M v '!l.eql:lI'~.:'J
h~2/9t2UO~.__..~:.~~_~]31 L~~ v; ~) ?f~ v ~y.eq\.-lr'!~}
rS;;k;~:Joi-J"'f<r.aI-c~ri~7~~-~--
!'Jonstruc:tiOncf f\eW'j1iIl'h'llto :o::ehocL
5. Con{lrtn~tf.~
~
Bidhck
&. Actl"'e1~en
eescrtption
L."
Spedftcation$,> T erln.... .nd (DndJliornr.
.'L:'2;
~
;ut:lr ~.:.~rq~"o!! C~nl -'3c1
~ $~~?l;:~:l;"'~
{T:!;f' ':,t e~ l5'1:iq;. k~t':'Clt':1'i;'''~!,; h,e:s: (1It(: ~ C;ol!iq;;l!'~ lib~\'!'!. F:::, P:-"''':;:I!';:j U~;:" er::!j-....,r:;; III tIle above ..,1
e-..'~'\\ 'I~!: ~he !:t\f"'i!:~p:.;r':h':,:' t-C'e:if:~~-:ic~1.f rile, fllt"nn;; ;, (ile an-;l ~ldJ: ir " blel"y. <;;';d:;.e -Nil! O"<!!.lItt I:l
r.e-;.' specdiclinio!'"l& He. CI..:,<t::;J rlelete ....'iIl dlltk1e e.,.jstirkl SpecitlC6ttons ;l'~.::
j ... c.ancel. II 5a"fe .end Conril'lue ill'
Figure 17 Vision e-Procurement walks you through the steps of adding a bid opportunity.
The first step includes providing basic information about the bid such as title, number,
start and ending dates and times, commodity codes, and description. In this step, you
will also upload all documents associated with the bid,
13
~~} i~~M;,~~..-~-~iS:z:;~'t- .
.;.li~-~'~'i-' .~.:;t;~~'~~~..;;.k~~.4'''~ -:~
Agenda Item No, 16E4
November 14, 2006
Page 19 of 32
The file upload can support any document or file type. These include Microsoft Word,
Excel, Acrobat PDF, Autocad DWG, and ArcView Map.
STEP 2 - DEFINE INFORMATION FIELDS (ONLINE BIDDING ONLY)
If you have the online bidding option, you will specify the information you want to
capture from the vendor. You can include location, MBE number, or any other
information that you define.
,.._....~-_..__._-'"..,......._-..._.
Field Hamr- h'8-!tT'$ Ey.Derter.ce: ..... (Re-aui(~dj
1. SP'ttcifio.:.lioru
IUId AdnlinField (SpeofvI
2. Admln Field.
(Specify)
). file Reqvem
4, '5-'d ]t.2'rn~
f-tSE N~Irl'~ .
(11!
~
~
~
S. C"nfil"m2rticf'!
6. ActJ""!'JtJo~
ll" SJlve- ilnl1:cmpll!!!te_l8ter ] [ C.ontinue ~c ~l:e R~~lJ~S ..
Figure 18 You define the information that you want to capture on this bid.
Step 3 - Specify Required Bid Documents (Online Bidding Only)
You will define which files the vendor should upload as part of their bid. It can include
worksheets, plans, or any other documents or files you require. This option will be
particularly important for construction projects, software projects, or any other type of
non-commodity type project or product where you will be evaluating a written
proposal.
..~
File Request Name
(:;;e~\ji"l~d)
1. Specif;ctltiOrt9
A.~d fiie ReQuest
2. Adnl;n fleld~
! CSp.~::if'{)
3. File Request'$
4. ~d ltem$
..".,Ji&'III
5. Conflrn"ii!tlon
S~e'!t
ti~h.d!H' :f"_bl"l'1"l~lo.~ F::;rm
tW;
~
':':t!~
~
e.. Actl\'aticn
'"'- ~e and CtlmpkKe later } L O:4"!tinvete 5.6 Item~ ~
Figure 19 Define the files or documents that should be uploaded as part of the bid.
STEP 4 - SPECIFY BID LINE ITEMS (ONLINE BIDDING ONL v)
For commodity type items, you will define specific line items that the vendor should
provide pricing on. To add items, you specify the item number (usually a NIGP code or
similar coding system). a description, required pricing scheme (such as each),
description, and so on,
14
.~ .~'r..~~"~..;~'~-.:.:~L_
~.;:'~ >l -
,:'.~!{~;""
l'"
'~"~~"''''~''~~''''
Agenda Item No, 16E4
November 14, 2006
Page 20 of 32
NOTE: Licensing of third-party commodity codes, such as the NIGP codes, is not
included in the pricing of this proposal. You will need to license them directly from
companies or organizations that license commodity codes.
Si~ ~~l'l'l ~~.ed.
item Humber
EstImeted Quentttv :.~~~P.?
unrt of I"'te6$Ut'ct
. j(RCQuire-d)
De5crlptlon
Notes/EXceptio..
Add Bldttem I
~
.Sav.e .,nd C.crmvtt:ta I..tel' 11 C~nttr:w- ~{'> Cenflrnllllf'r:.... ,.
, '-'.;.!
t.i1G .0Jili
'::21:il__.
;
1. SN'tMiOillti<)n.s
2_ :.o..dmir Fields-
tSvecify)
3.F'He: Rt.que.
4..fWd'lt'llnu.
S. COilfiff'i'\Btion
6. AeO\fatio1'l
Figure 20 Define the line items that the vendor should bid on.
STEP 5 -CONFIRM INFORMAnoN
After you have completed all
other bid information, you have
an opportunity to review
before completing and
activating the bid, The
confirmation provides all
information on a single screen
plus a list of registered vendors
that will receive e-Notification
of the bid opportunity. This list
is automatically created based
upon the commodity code,
This one-page view helps you
to verify that all information is
correct.
STEP 6 -ACTIVATION
The activation step is a final
confirmation to actually post
the bid opportunity. In this
step you add additional em ails
of persons that should receive
the RFP, plus the text of the
message that will be
distributed to the vendors. An
.;....~~t{1..
.~" .di...,.' ~"~,,~ ,_.~~'H~"':"'1"" ",'l'~'4
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Figure 21 Confirmation page gives you all information
on a single screen for final verification.
15
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Agenda Item No, 16E4
November 14, 2006
Page 21 of 32
e-Notification message is automatically created; however, you 'are able to customize it
for each bid notification. You can also change your signature on a per-posting basis.
When you complete this final step, the bid is activated and a notice is distributed to
prospective vendors, plus any other persons you add to receive the specific bid
information.
upon e.:hv"'tlotl. ell acS'oiiS vendor. wt-,() l1.ve expr<<S$ed interelU II" the b::l'; asitX:iMed l;CImm~d,t.,. tit
5.1..ib~rnmodit.y'wiil be: nvtifiec. Once III bid has. beer; !Id~va~d, the Ot'l!,. ,',!!I'/ ~ char_Ge this infO'mlat;Dt'>
i~ ~ ut:~cedmv f1~ &ddendum. P1e~ check aver ~f! !"let:fc~~wr: ~-m~d:
t. Specmcalionl5
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Figure 22 Bid activation screen.
Addendums
Once the bid is activated, no changes can be made to it without posting an addendum.
When you edit an active bid, the first step is to add an addendum, and to send it to the
distribution list, Next you will go through the same steps as posting a new bid. You
simply make the changes required. When complete, a notification will be sent out to all
registered vendors for the commodities associated to the bid opportunity plus those
that have downloaded the documents,
16
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Agenda Item No, 16E4
November 14, 2006
Page 22 of 32
;,i",~~u~Il;1t!~f~~0i;j~lt';"t"""':""""'~"""".""'':''''''''i.k.,~"",,.A,'~"'."'l,~;,,..;!t~,,.~,,,,~I~d
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, i
Al! edllltp>ade'l:o al\ ..ctiv~ bid', specifications, admi" fialds($pe(iify). or bid item. must b~
,,=mpenied by atl""st on. "dd..-dum file that d..uil" the eNl"'lle' ,.".de, Upon .d<lltion of ."
a-ddendum, all -.active' vv40r& v-mo he.....1!t expressed interest: in the bid's aS$Oe1ate.d ::ommodity or
slibcemmcdrty wil! be n<:>tifi..d. PI"""" complet.. all edits with," 20 mlnuUlC of upkll!ldingthe ~ddendum.
Do nct navigllte lI.fay from the edit until ~'ou are ClOne with ..II eOItS describt:d in th~ ..dd~ndurn. Once
an .ddt:ndum h~$ beo!n. uplollded. the only way to 'trTlt:"d its contents is by uplOlldin9 additional
adde.nda. ?ie-est! chl:'Ck;owrth,e notification e-maH:
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Figure 23 An addendum must be posted prior to activating any changes. The addendum is
automatically distributed.
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17
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-'l'
Agenda Item No, 16E4
November 14, 2006
Page 23 of 32
Answering Questions
As described on page 8, vendors have the ability to submit questions online. Staff can
review the questions and post answers to them. This is a great way to manage the
entire question and answer process.
Pending Q&A for Bid "Red Bricks" ~
~
~1;~~';~;.'.;~..~~::"f;',:::r~hi:'i~::1~i~~G\'7~~~~~~[~l~~~~.'~r''''~''''7\~mr~~~~>~~'!~J,.,~,'?:f-:.t~7~~~~~__;!~{~a1~ -.
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Figure 24 Staff are able to see a list of questions that have been asked, answer the
question, delete the question, or post a new question (and answer).
.=~c rr,inorit.~, bU5i~esses "e::el\i€
: preference ;on this project?
Question I
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Answer
~ Post thil> Q&A
o Notify Subscribed Vendors
In order to notify subs.cnbet:! vendors, this question must also be posted.
... Go to Bid Q&A, List
II Save,)
Figure 25 Answering questions is a snap, and they can automatically be posted to the
website or distributed via email.
18
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Agenda Item No. 16E4
November 14, 2006
Page 24 of 32
Evaluating Bid Results
Once the bidding has closed, you have the ability to view the tabulation of the bid,
Tabulation is automatic and it shows total pricing by vendor or pricing per item of the
bid. Additionally, the results can be exported in a comma-delimited format for further
analysis or reporting using Microsoft Word, Excel, or any other program able to import
and view delimited files.
Bid MiscellaneOus S11hJw,,~,(:Oftstructlon, Number BId 04-26
I "Goto Bid\.iol,t+;:)i(
Export to Commo.Dehm,ted Fa.
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~
Iwm o.scr'pt'iott: $taad.rd .kl.w.... o~Wld. x ."" d.ep (per .,..clhc.tioft..)
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Figure 26 Summary tabulation report available after bid closes.
After the bid closes, the tabulation is also available on the website so vendors can see
the results of the bidding,
Managing Vendors
One of the primary ways you will save time is by having vendors manage their own
information, As described starting on page 2, most of the management responsibility
will be shifted to vendors themselves because they will be able to add and edit their
own information. From time-to-time, however, you will need to add, edit, or delete
vendor information. Additionally, you will want to create lists of vendors that match
specific parameters you are looking for. This is easily managed through the
administrative section of the Vision e-Procurement Tool. See the following screen shots
for a better idea on how to manage vendor information,
19
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Agenda Item No. 16E4
November 14, 2006
Page 25 of 32
Brow$-e By: Commoditv
Search By: @ Company Name 0 E-mail 0 First Name 0 Last Name 0 Usemame 0 Commodity Name:
l Search 1
Figure 27 You are able to create lists of vendors or search for vendors in a variety of ways_
After performing a search, you can perform a number of actions on the vendors such as
editing, deleting, and changing commodity preferences. You can also export the
search results into a comma-delimited file for further review.
~rch Results
14 vendor(s) faul'\d~
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Figure 28 Search results showing the actions that can be taken on a vendor record.
In adding and editing vendor records, the interface is similar to the one provided by
vendors when they self-register. For information on vendor registration, refer to To
Register as a New Vendor on page 4.
20
Agenda Item No, 16E4
November 14, 2006
Page 26 of 32
SYSTEM SECURITY
The Vision e-Procurement Tool is extremely secure. Security includes:
CI Secure Microsoft SOL Database
CI System login for both vendor and administrator
Cl 128 bit data encryption
From the administration side, the system features role based security where you define
levels of permission for administrators. The available levels include:
Cl Super Administrator: Has complete access to the entire system.
Cl Agency Administrator: Only has ability to manage users and bids associated
with the specific agency.
CI Buyer: Only has ability to manage bids associated with its specific agency.
CI Vendor Manager: Only has ability to view and edit vendor lists.
The level you define will determine which functions users can access.
Usemame-
(';:eeull''!d)
P8UWOrd"'.
(t:.:eO"lln~:::n
Retype Password"
User,~I..
Agency
E-mail Address
(R~~iJI"ed)
v (AeQuire:('
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t Add U""r II C<lnQel I
-= USVTlJlm*. are; eni-llarlsiti". ana may :'fmUin bt!M'e.n "~nd 1~ .Iphlnum.rle c'i,.l"'Ictofn, No s":lcHcriP.d'JI'....rac~rs .lIo~..d.
..* Pa11:!r,.,yores cre C-.U'.lensitiv.. anc m:l\;' contain bet.,..n..c; and 16 alpbtnumllEnc: ch.HtI(.(.rs 104 th. fo.'liQ....;:o.. s_y*cl.l chl-r.c~u;~ ... !fl..j..h....Q.-n. r<j~:lp-.c..
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Figure 29 When adding a new user, you set their role and thus their permission levels.
21
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Agenda Item No. 16E4
November 14, 2006
Page 27 of 32
CUSTOMIZA TIONS
In our discussion, there were questions about customizations to the tool for your
unique needs, As part of our implementation, we would provide customizations on the
fields for vendor registration plus interface customizations to the front end of the tool
(as it appears in the website), More advanced customizations we discussed include:
IJ Automated Bid Item Configuration
IJ e-Notification Fee Option
While we would define exact specifications during the consulting phase of your project,
we believe these tools would operate as described below.
Automated Bid Item Configuration
As part of a bid, the County can specify any number of items for vendors to bid on.
Our current tool provides an interface where you add the item number, estimated
quantity, unit of measure, description, and notes (See page 14), While this interface is
acceptable when adding up to a few dozen items, it can be time consuming and
tedious when there are more bid items. To simplify the bid configuration process, we
can add the ability to import bid items from an Excel spreadsheet, Your staff would
simply prepare the list of bid items within Excel and upload the document. Our tool
would read the information and automatically create the bid items.
NOTE The spreadsheet would need to follow a specific format and the tool would
abort the importation of documents not conforming to the required format.
e-Notification Fee Option
The e-Notification Fee Option would allow you to charge vendors for receiving the
notification of bidding opportunities. While vendors would be able to register and
place bids at no cost, in order for the vendors to receive notification of the bid
opportunities, they would need to pay an annual or one-time fee, This would create
revenue for Collier County to pay for the Vision e-Procurement Tool, as well as fund
future enhancements.
We envision the module having the following features:
IJ During registration, vendor is presented an option to sign up for e-notification
of bids.
CI The Vendor uses credit card to pay for notification.
IJ The paid registration could provide for:
o Notifications for a limited period such as one year requiring annual
renewal
OR
o One-time fee that would not expire.
D In the event that notifications expire, staff could send renewal notices to
vendors whose memberships:
o Will expire within a specific time-frame, such as within the next 30 days.
22
Agenda Item No. 16E4
November 14, 2006
Page 28 of 32
o Have already expired.
CJ If vendor fails to renew, they will no longer receive notification.
CJ When sending e-Notification of bid updates (addendums and such), notify those
that downloaded bid documents and paid vendors only.
All credit card transactions will be processed via Authorize,net, Integration with other
third-party tools may require an additional fee. To provide extra security against
hackers, we would not store the credit card information in the database; users would
need to provide a credit card for registration plus any subsequent renewals.
Additional Customizations
During the consulting phase of the project, it may be determined that you need
additional customizations or enhancements beyond those specified above. They could
include custom reports, vendor management tools, and so on. To provide additional
resources for these customizations yet to be defined, we have allocated up to sixteen
hours of programming and consulting time, This should be adequate for basic
enhancements you require.
23
Agenda Item No, 16E4
November 14, 2006
Page 29 of 32
;;.
SUPPORT AND MAINTENANCE
Vision Internet is a full service firm able to offer all that is required to build and
maintain your e-Procurement system, This includes maintenance, support, and hosting
services. While you are not required to use any of these. you can rest assured knowing
that we are able to provide you the support you need to ensure your project's long-
term success.
Upgrades and Maintenance
Occasionally you may want additional enhancements or changes to the Vision e-
Procurement Tool. Additionally, we may offer significant upgrades to the tool that are
relevant to your needs, In the event that we release a new upgrade, we will make them
available to you. The only cost for upgrades will be for the time required to implement
them. For customizations that are not part of a standard upgrade, we will implement
them based upon our standard hourly rates. For enhancements requiring more than a
few hours, we will provide you an estimate that you will approve prior to
implementation,
Technical Support
We at Vision Internet stand behind our clients and can provide you with the support
you need. Most of our clients have an internal point person who serves as the first level
of support for staff members by answering their questions and showing them how to
perform basic functions using the Vision e-Procurement Tool. From time-to-time,
however, your internal point person or administrator may have questions regarding
how to perform tasks, configure the system, or accomplish some organizational need in
the best way possible.
In all cases, Vision Internet is able to address your technical and/or operational needs.
You will be assigned a service support person who will serve as your first level of
support and manage any needs you may have.
Optional Maintenance/Support Plan
Many of our clients opt to buy blocks of hours for maintenance and technical support
at a lower blended rate, Our maintenance and support plan is unique, Rather than the
standard 18% - 20% maintenance plan, we offer a more flexible and fair approach.
The problems with traditional maintenance contracts offered by our competitors are:
i:I You have no control over what goes into upgrades so you may not get anything
of value to you,
i:I If the features you want are not in the upgrade, you may need to pay for
additional customization in addition to the maintenance contract you already
paid for,
i:I If you want to add additional modules, you will still need to request an
additional capital budget to cover the new development.
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24
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Agenda Item No, 16E4
November 14, 2006
Page 30 of 32
~
In our approach, you buy blocks of hours for maintenance and support at a lower
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towards an upgrade of the content management tool, customizations to your website,
or implementation of new components. This provides you maximum flexibility because:
Cl You set the amount you want to allocate for maintenance and enhancements on
an annual basis.
Cl If the annual upgrade does not contain functionality useful to you, you can
simply "skip" the upgrade and apply the unused value to additional
components or enhancements.
Cl You are able to add new functionality to your site under maintenance budgets
rather than the harder to come by capital budget funds.
Most clients only use one or two hours of support/maintenance per quarter but will
purchase a maintenance contract of five to ten hours per month because of the
exceptional value it provides for future developments.
25
- ,
Agenda Item No, 16E4
November 14, 2006
Page 31 of 32
INVESTMENT PROPOSAL
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Additional CustomizationsJ $2,000
Optional Maintenance and Support
Vision Internet is able to provide ongoing website maintenance services. The following
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Maintenance Pricing , :;E~~qrIYRate
Custom Programming $1 25
Graphic Design $1 00
Webmaster Service $1 00
HTML Programrn inglT echnical Support $75
3 Indudes up to 16 hours of programming and consulting to be applied towards customizations.
26
~
-
CONCLUSION
Agenda Item No, 16E4
November 14. 2006
Page 32 of 32
We at Vision Internet are very excited about working with Collier County on the
redesign and development of your new website, While our primary business is website
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~~~
Steve Chapin
President, Vision Internet Providers, Inc.
27
Agenda Item No, 16E5
November 14, 2006
Page 1 of 12
,-
EXECUTIVE SUMMARY
Recommendation to approve a phased Work Order with CH2M Hill, Inc., under contract
#06-3929, "Annual Contract for Architectural Services", to design upgrades to the fuel
facility at County Barn, project 52009, in the amount of $101,850.
OBJECTIVE: To approve a phased Work Order with CH2M Hill, Inc., under contract #06-3929, "Annual
Contract for Architectural Services", to design upgrades to the fuel facility at County Barn, project 52009.
in the amount of $101,850,
CONSIDERATION: A $500,000 contract with Disney & Associates, P.A. to design a new Board of
County Commissioners Fleet Facility and a new Sheriff's Fleet Facility, project 52009, was approved by
the Board on February 25,2003, agenda item 16.E,2,
-
The project scope does not include any work on the existing fueling facility as there was neither a
capacity nor other reason to include it. However, due to Land Development Code (LDC) requirements for
the elevations of new development, the new buildings and adjacent parking are planned to be nearly
three feet higher than the existing fueling facility, This elevation difference would result in a very awkward
paving and drainage situation and there are proposed Florida regulation changes that may require
significant changes to this facility by January 1, 2010, In order to modify the facility, the latest National
Fire Protection Code and National Electric Code will need to be followed as well as the proposed Florida
regulation changes (anticipated to coincide with federal EPA regulations), Disney & Associates does not
have the expertise nor insurance coverage to design the necessary changes to the fueling facility.
Based on this information, the Board of County Commissioners approved an initial Work Order on July
25, 2006, agenda item 16E5, CH2M Hill subsequently provided an analysis of the existing conditions and
design options, Exhibit A,
The Fleet Management Department reviewed the options and is recommending design option #3,
replacement of the existing above ground fuel tanks with underground, The proposed design costs for
this option are $101,850 and the estimated construction costs for this option are $529,000,
FISCAL IMPACT: The funds for this work order are available from the project budget. The total approved
Fleet Facility project budget is $14,270,000, The source of funds is a combination of impact fees and
general revenues,
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan,
RECOMMENDATION: That the Board of County Commissioners approve a phased Work Order with
CH2M Hill, Inc., under contract #06-3929, "Annual Contract for Architectural Services" in the amount of
$101,850 and authorize the County Manager or his designee to sign the work order,
PREPARED BY: Ron Hovell, P,E., Principal Project Manager, Facilities Management Department
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E5
Novemr)er 14, 2006
Page 2 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E5
Recommendalion to approve a phased WorK Order with CH2M Hill, lnc" under contract #06-
3929, Annual Contract for Arctlitectural Services, to design upgrades to the fuel facility at
County Barn, proJsct 52009, In the amount of $101,850,
11114/2006900:00 AM
Contracts Agent
Date
Approved By
Linda Best
Administrative Services
Purchasing
11/1120068:52 AM
Dan Croft
Fleet Management Director
Date
Approved By
Administrative Services
Fleet Management
11/1/20069:35 AM
Skip Camp, C,F,M,
Facilities Management Director
Date
Approved By
Administrative Services
Facilities Management
111'1120063:03 PM
Steve Carnell
PurchasingfGeneral Svcs Director
Date
App roved By
Administrative Services
Purchasing
1111/2006 3: 55 PM
Len Golden Price
Administrative Services Administrator
Date
Approved By
Administrative Sorvices
Administrative Services Admin,
11/112006 5:14 PM
OM B Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management &. BLldget
11/6/20067:54 AM
Susan Usher
Senior Management/Budget Analyst
D<1te
Approved By
County Manager's Office
Office of Management & Budget
11/6/20064:23 PM
Michael Smykowski
Management & Budget Director
D.ate
Approved By
County Manager's Office
Office of Management S Budget
1116/20065;17 PM
leo E. Ochs. Jr.
Deputy County Managor
Date
Approved By
Board of County
Commissioners
County Manager's Office
111612006 5;43 PM
Agenda Item No, 16E5
November 14, 2006
Page 3 of 12
TECHNICAL MEMORANDUM
CH2MHILL
Analysis of Fleet Facility Fuel Dispensing
For Collier County
PREPARED FOR:
Collier County
CH2M HILL
PREPARED BY:
COPIEs:
Mike Mackenzie
DATE:
September 26, 2006
Introduction
CH2M HILL was tasked by Collier County to perform construction management support
services during preconstruction and construction phases of the Collier County Fleet Facility
located on County Barn Road. The County recognized that the existing fuel dispensing
facilities will be affected by changes in grades that negatively impact the operation of the
two covered fuel dispensing pumps and the two existing dispensers that are located behind
the secondary containment area adjacent to the two fuel storage tanks,
In addition, the National Fire Protection Code 30A and National Electrical Code Articles 513
and 514 that regulate fuel dispensing for fleet purposes were modified since the existing fuel
storage tanks were installed. There are changes to the Codes that affect the placement of
storage tanks, classification of areas, separation distances, secondary containment for the
storage tanks, secondary containment for the piping, testing of piping, corrosion protection,
electrical isolation distances and conduit sealing, emergency disconnects, provisions for
maintenance of dispensing equipment and grounding of the fuel dispensing systems and
appropriate warning signage.
CH2M HILL has inspected the site and analyzed the conditions with respect to current
codes and future expansion of the facility. Two approaches were considered: Option 1
involves doing the minimum necessary to bring the site into code compliance while
accommodating the changes the new construction project requires; and Option 2 covers the
future expansion the County desires but at a later date, increasing the number of fuel tanks
and dispensing pumps. An additional option became apparent during pricing: Option 3
encompasses constructing the expanded (future) facility now. The following report is
organized by discipline - mechanical, electrical, structural, and civil- followed by overall
options with opinions of cost and then recommendations.
Discipline Reviews
I. Mechanical
Existina Conditions
Currently the facility has two aboveground vertical steel single wall tanks, The larger
tank has a 10,000 gallon capacity and is filled with gasoline. This tank has one
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Agenda Item No, 16E5
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dispenser inside the containment basin and another on the fueling island, The smaller
tank is a 6000 gallon diesel tank. There is one dispensing pump at the island and
another inoperative pump inside the containment wall. The tank fill connections are
located inside the containment walls.
The spill containment enclosure appears to be sized to contain a spill from the largest
tank without any consideration for rainfall containment. The enclosure has a 3 inch
outlet pipe with a valve to drain rainwater from it.
The current dispensing island has a clean agent fire extinguishing system installed.
DESIGN OPTIONS
Option 1
The first option is to retain the existing storage tanks and containment. Due to other
site construction on the property, the surrounding grade is being raised approximately 3
feet. The existing tanks meet the NFPA 30 requirements for the distance to the
property line (25 feet). The containment wall will need to be raised by approximately 8
inches to provide the proper contaminant capacity. The piping is routed underground
from the tanks to the dispensers, as required by NFPA 30A.
Per the Florida Administrative Code 62-762 for Aboveground Storage Tank Systems, all
product piping in contact with the soil must be provided with secondary containment
and a leak monitoring system, as of the year 2000. The tanks must have internal and
external inspection per API (American Petroleum Institute) Standard 653. It was not
able to be determined if the piping between the tanks and dispensers currently have
secondary containment. If required, this will need to be added when the new
dispensers are installed.
An external sealed concrete sump with a submersible pump will be provided in order to
discharge the rain water collected in the containment area to drainage.
Option 2
Option 2 consists of replacing the current storage tanks with new protected
aboveground storage tanks (PASTs). These tanks consist of a rectangular welded
steel tank covered with foam insulation encased in polyethylene membrane for
secondary containment. This secondary layer allows for leak monitoring. Covering the
membrane is a 6 inch thick layer of reinforced concrete.
These tanks are limited to a maximum available capacity of 12,000 gallons each, The
desired total volume of storage is 40,000 gallons; 20,000 gallons of gasoline, 10,000
gallons of diesel and 10,000 gallons of an alternative fuel. Therefore, two 10,000 gallon
tanks are proposed for gasoline storage and one each 10,000 gallon tank for the other
fuels.
The current containment area is approximately 32'6" long by 21'S" wide. The new area
encompassing the four PASTs would be approximately 75' long by 25' wide, with the
FlEET FUEL FiNAl REPORT,DOC
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outlying tanks located 25 feet from the property line per NFPA 30. These tanks do not
require a containment wall due to their construction.
A variation of this option is to install a 20,000 gallon underground double wall fiberglass
reinforced tank below the fueling area. This tank would store gasoline and remainder of
the fuels would be stored in PASTs as described above. This option would decrease
the footprint of the aboveground tanks, but increase construction costs.
Both variations would encompass double wall contained piping, electronic leak
monitoring, fill port spill containment, electronic capacity monitoring and emergency
venting.
A new set of dispensing islands will be constructed, consisting of 3 gasoline pumps,
one diesel pump and one alternative fuel pump. All pumps would have two hoses each
and dispenser containment sumps below the pumps. Each dispensing island would
include a clean agent fire suppression system.
Applicable Codes, Standards, and Regulations
The analysis is based on the following codes and standards:
· NFPA 30, Flammable and Combustible Liquids Code, 2003
· NFPA 30A, Code for Motor Fuel Dispensing Facilities, 2003
· Florida Administrative Code, Chapter 62-762, Aboveground Storage Tank Systems
II. Electrical
Existino Conditions
The area surrounding the fuel facility is being renovated and the grade will be 3 feet
higher than the existing grade. The Fleet Fuel Facility can either be raised to match the
new grade with minimum necessary improvements or completely renovated. Due to the
extent of demolition required by the raised elevation either approach would involve an
entirely new electrical system. The only salvageable part would be the tank monitoring
devices. Therefore the electrical scope will include the design of a new electrical
distribution system, new card reader system, and new fire alarm system. Computer
systems (unrelated to the pump access system) and additional security will not be
included.
Area Classifications
The following areas are Class I, Division 1 hazardous areas in accordance with NEC
Article 513 & 514:
· Under the tank below grade.
· 3' and more from the opening of a vent in all directions on the tank.
· Pits near fuel dispensing device.
The following are Class I, Division 2 hazardous areas in accordance with NEC Article
513:
FLEET FUEL FiNAl REPORT,DOC
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. Under the tank and up to 18" above grade with a 15' radius outward.
. Within 3' from the opening of a vent in all directions on the tank.
. Within 18" of the fuel dispensing device and in a 20' radius outward.
Moreover, the entire facility is considered to be a Class I hazardous location.
DESIGN OPTIONS
Option 1
Distribution System:
A distribution panel will be located on the parking island just south of the fuel facility.
This parking island must be 20' or more away from the dispensing devices and fuel
tanks. Power will be fed from panel BOPL located in the BCC Fleet Facility. This is an
emergency power panel connected to an automatic transfer switch and generator. The
electrical engineer designing the facilities has currently allotted 0.18kV A single phase
120VAC with 20A circuit breaker. The existing panel on-site is a 2081120,3 phase
100A service. Therefore the current allotment from panel BPOL is not sufficient, and
will need to be adjusted.
Two double nozzle dispensing pumps and an air compressor will be located on the
canopy island. Each device shall have an internal power disconnect means to allow for
maintenance of the individual device. There will also be a single emergency shut off
valve for all fuel dispensing pumps located at least 20' away from the dispensing pumps
and fuel tanks. This shut off valve will be located next to the distribution panel on the
parking island.
Two additional dispensing pumps are located in the tank storage area. At the moment
these pumps are rarely used and are not installed to code compliance so they should
be demolished.
All conduits for this system shall be rigid metal conduit. All incoming and outgoing
conduit from the panel board to the facility site shall have seals for a Class 1 Division 2
environment. Seals shall also be incorporated in the in the fuel dispensing devices to
transition for Division 2 to Division 1 environments. All junction boxes and disconnects
under the canopy shall also be rated for a Class 1 Division 2 environment.
Grounding System:
All metal raceways shall be grounded. The ground conductor will run within the conduit,
and never be located on the exterior of the raceway. A new ground ring will be installed
around the facility in accordance with the NEC in order to limit system over-voltages
and to clear ground faults. All non-current carrying metal parts of the electrical wiring
system shall be connected to the system grounding. The ground ring will be bonded to
the canopy steel, and be bonded to the lightning protection system.
Card Reader System:
FlEET FUEL FINAL REPORT ,OOC
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A card reader system will be used to control the pumps and record pump usage by the
individual. A communication conduit will run from the BCe Fleet room communications
room to the site supplying the necessary data connections for the card system. This
card system will connect to Collier County's Card Reader System,
Lighting:
Lighting will be placed on the underside of the canopy. Light fixtures will be rated for
hazardous location. Illumination levels will be determined by the IESNA standard for
fuel facilities. Lighting will include a photo-sensor and time control module will be
mounted to the underneath portion of the canopy to automatically turn on and off the
lighting system.
Fire Alarm System:
A digital auxiliary output from the Bee Fleet Facility building will be run to the site, so
that fire alarm can be monitored remotely. Flame detectors will be used to detect a
fire. The canopy area will also be equipped with a pull station and a horn/strobe
notification device. Also fuel lines will be equipped with monitoring devices. A fire
suppression system will be utilized and equipped with sensors for supervisory valves.
The storage tanks will also be equipped with fuel monitoring devices to detect leaks,
and high and low levels. A separate panel may be utilized for this detection.
Lightning Protection System:
A NFPA risk assessment made on the building shows that the building is at risk for
lightning strikes, It is concluded that a protection system shall be installed to minimize
damage by a lightning strike. Lightning and static electricity protection provided will
comply with NFPA 780 to reduce the risk for lightning strikes. The lightning protection
system will consist of 24" air terminators mounted on the roof, with down conductors
terminating onto ground rods mounted in ground test wells at ground level. The
lightning protection system will be bonded to the building electrical grounding system.
Connectors, clamps. bases, and other hardware will be bronze, all suitable for Class 1
installation, The metal building will be bonded to the electrical service ground as well
as to the ground rods driven around the structure.
Option 2
If option 2 is considered, which would be a completely new renovated fuel facility,
additional disconnects and conduit would be utilized. Also each tank would be supplied
with new tank supervisory valves and detection devices. The detection devices for the
tanks would include fuel level indicators. Due to the extra tanks involved with the
revised design a 150A service would be required.
Applicable Codes. Standards, and Regulations
The analysis is based on the following codes and standards:
Codes
. 2002 National Electrical Code (NEC)
Flffi FUEL FiNAl REPORT,DOC
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. 2003 NFPA Codes w/ Florida Amendments
. 2003 NFP A 101 Life Safety
. 2004 Florida Building Code
Standards
. American National Standards Association (ANSI)
. National Electrical Manufacturers Association (NEMA)
. Institute of Electrical and Electronic Engineers (IEEE)
. Occupational Safety and Health Administration (OSHA)
. Underwriters Laboratory (UL)
. Illuminating Engineering Society (IES)
. National Fire Protection Association (NFPA)
III. Structural
Existinq Conditions
The area of containment for the existing tanks is about 32'.6" by 21'.5", consisting of a
concrete slab and approximately 2'-8" high by 8" thick concrete masonry walls. There is
also an existing Loading/Unloading facility with an approximately 40'.0" x 30'-0"
concrete slab and 35-0" x 25'-0" x 18'-0" high canopy. The existing tank storage area
appears to be in good condition. Some hair line cracking was observed in the slab and
in one of the containment walls. The canopy of the existing loading/unloading facility
displays some severe corrosion at the base of the existing columns.
DESIGN OPTIONS
Option 1
Tank storage area:
To assess the existing 8" CMU wall capacity, a non destructive test to locate the
existing vertical reinforcement on the wall will be required. To provide for the additional
storage requirements (see mechanical design option 1), between one to two additional
rows of 8" eMU masonry block will be installed on top of the existing wall. To
accommodate the 3'-0" change in elevation imposed by the new construction project,
an approximately 45' long 8" thick reinforced concrete retaining wall with a 4'.0" high
guard rail will be installed on the south side of the existing wall to provide protection to
the existing eMU containment wall. An oil resisting coating will be provided to the
existing slab, walls and tanks.
Loading/Unloading facilities (fuel pump area under canopy):
Existing facilities shall be demolished and a new approximately 70'-0" x 35'-0" X 8" thick
concrete slab will be provided. A new canopy of the same size of the slab and
approximately 18'-0" height will be also provided.
Option 2
6
FLEET FUEL FINAL REPORT.DOC
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Agenda Item No. 16E5
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Tank storage area:
Existing facilities shall be demolished and a new approximately 70'-0. x 29'-0. x 8" thick
concrete slab around (4) 28'-0. x 8'-0. x1'.0. thick tank foundations will be provided,
Slab and foundations will be provided for the following new horizontal tanks:
· 20,000 gallon capacity for regular fuel, (or (2) 10,000 gallon capacity tanks)
· 10,000 gallon capacity diesel fuel tank and
· 10,000 gallon capacity alternative fuel tank
Loading/Unloading facilities (fuel pump area under canopy):
Existing facilities shall be demolished and a new approximately 70'-0" x 35'-0. x 8" thick
concrete slab will be provided. A new canopy of the same size of the slab and
approximately 18'-0" height will be also provided.
Applicable Codes, Standards, and Regulations
The analysis is based on the following codes and standards:
· 2004 Florida Building Code
IV. Civil
Existino Conditions
At the existing fuel spill containment area for the existing above ground storage tanks,
there is a discharge pipe that conveys rainwater from the containment area into a
retention area. There is also an existing Loading/Unloading facility with an
approximately 40'-0. by 30'.0. concrete slab and 35-0. by 25'-0. 18'-0" high canopy.
The rainwater conveyance discharge pipe is composed of an approximately 2" inside
diameter Gravity driven PVC pipe. The flow of the PVC rainwater discharge pipe is
controlled with a valve located outside of the containment area, The bottom of the
existing retention area is depressed approximately 18 inches below the existing
containment area slab elevation,
DESIGN OPTIONS
Option 1
Tank storage area:
The proposed grade at the existing fuel spill containment area is approximately 3 feet
higher that the existing grade. The design documents indicate that the existing
rainwater discharge pipe is to be removed and relocated to the north side of the
containment area, and is then to connect to the proposed oil/water separator inlet pipe
at elevation 10,00, The bottom of the existing containment area is approximately at
elevation 8.00. Therefore, the outlet invert of the proposed discharge pipe is below the
inlet invert of the oil/water separator. In order for the oil/water separator to function as
designed, a sump and sump pump is required to operate as indicated.
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Agenda Item No. 16E5
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Loading/Unloading facilities (fuel pump area under canopy):
Review of the development plans in the area of the loading/unloading facility revealed
that additional design or site coordination is not required with respect to grading or
surface water management system function.
Option 2
Tank storage area:
The proposed grade at the fuel spill containment area can be established at a higher
elevation to allow the discharge pipe to drain into the proposed oillwater separator as
originally designed.
Loading/Unloading facilities (fuel pump area under canopy):
Review of the development plans in the area of the loading/unloading facility revealed
that additional design or site coordination is not required with respect to grading or
surface water management system function.
Applicable Codes, Standards, and Regulations
The analysis is based on the following codes and standards:
. 2004 Florida Building Code
Testing Required
Contamination Testing
The area around the tank containment structure should be tested for any soil contamination
that could occur due to leakage before proceeding further. Contamination can be mitigated
by early detection before it becomes widespread.
Geotechnical Testing
Before design for the new fuel dispensing island, the soil must be tested for content and
bearing capacity.
Option and Cost Summary
Option 1 involves the minimum changes necessary to comply with current codes, and as
such, costs the least to implement. However, option 1 does not include upgrading the fuel
tanks to a higher capacity and therefore should be viewed as Part 1 of a 2 phase approach.
Part 2 of this approach would be to change out the fuel tanks to the increased capacity
desired by the County, as outlined in Option 2.
v. Option 1 (Phase 1)
8
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Agenda Item No. 16E5
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Since this option is the minimal amount of work to be done. it will serve as Phase 1 of a
two part scheme. This option deals with demolishing and rebuilding the fuel pump
island and all associated equipment at the island, but the existing fuel containment area
and storage tanks would remain. However, the change in elevation will necessitate a
retaining wall at the south side of the containment area, raising the height of the
containment area walls, and also a sump and pump to be installed in the containment
area. The changes are further described below.
Fuel Pump Island: since the site elevation at the fuel pump island is being raised 3 feet,
the entire island, canopy, fuel pumps, electric system and fire protection system will
have to be demolished and then new equipment installed to current code, 2 new fuel
pumps with double nozzles will be installed and conduit should be placed for additional
future pumps, all underground work from the new island to the existing containment
area should be put in place, and a new canopy will need to be installed.
Containment Area: the containment area and fuel tanks do not have to change at
present. However, the electric system needs to be brought up to code, additional
height needs to added to the containment wall in addition to adding a retaining wall, and
a sump and pump need to be installed,
The opinion of cost for this option is $285,488.
VI. Option 2 (Phase 2)
This option is the next phase of work, to be done at the County's discretion, and
continues at the point option 1 stopped, This option involves replacing the fuels tanks
with several new, larger capacity tanks, removing the existing propane tank, and adding
additional fuel pumps at the island. The containment area would remain 3 feet lower
than the rest of the site area.
Fuel Pump Island: add 3 new double nozzle fuel pumps.
Containment Area: remove old vertical fuel tanks and propane tank; expand site area to
accommodate 3 new fuel tanks (20,000 gallon regular fuel, 10,000 gallon diesel fuel,
and 10,000 gallon alternative fuel).
The opinion of cost for this option is $361,914 one year after option 1, $405,344 two
years after, and $569,480 five years later.
VII.Option 3
Option 3 encompasses demolishing the entire fleet fuel facility - pump island and
containment area with tanks - and building the new expanded facility at the new
(increased) elevation, This includes the new island with 3 new double nozzle regular
fuel pumps, 1 new double nozzle diesel fuel pump, and 1 new double nozzle alternative
fuel pump; new overhead canopy and new electric system and fire protection system;
and new containment area including new larger capacity fuel tanks. Option 3 combines
options 1 and 2 in a single phase.
The opinion of cost for this option is $528,835.
FlEET FUEL ANAL REPORT.DOC
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Agenda Item No, 16E5
~~~~2006
d::lt:: 12 uf 12
Recommendation
CH2M HILL recommends Option 3 as the best overall solution to the issue of upgrading the
fleet fuel facility for the following reasons:
. The entire facility will be at the same elevation. This option eliminates the need for a
retaining wall, for the additional height to the containment area, and also the sump
and pump, which isn't expensive to install but needs maintenance and monitoring,
. This is a more efficient way to build the facility. The overall cost is less than doing
the construction in phases, and the result is a more cohesive product.
. The site is expanding to include the sheriff's office and therefore the fuel demands
will be increasing immediately on the opening of the new office in addition to the
regular fleet fuel needs.
Finally, it should be noted that whichever option the County chooses, the review of the plans
for the new facility has shown that the electrical power provided will not be enough to
support the necessary changes to the electrical systems (see II. Electric above).
COlliER COUNTY FLEET FUEL FACILITY - OPTION SUMMARY
Discipline Option 1 Option 2 Option 3
Demolition $41,050 $25,000 $66.050
Mechanical $103,438 $216.938 $297,588
Electrical $29,000 $0 $29,000
StructuraVCivil $112.000 $81,200 $136,197
$285,488 $323,138 $528.835
1 Year Inflation $361,915
2 Years Inflation $405,344
3 Vears Inflation $453,986
4 Vears Inflation $508,464
5 Vears Inflation $569,480
NOTE: Testing needs to occur for soil contamination and geotechnical infonnation.
The allowance for these tests would be approximately $6.000, However, if
contamination is found, the cost would depend on the amount of soil affected and
would be a separate charge to the cost of the testing.
10
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Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve Change Order No. 1 to Contract No. 06-3925
"South Marco Beach Renourishment/Caxambas Pass Dredging" (Project
905001) with Subaqueous Services, Inc. for the dredging of Wiggins Pass
(Project 905221) in the estimated amount of $682,000 and approve all
necessary budget amendments.
OBJECTIVE: To accomplish the dredging of Wiggins Pass by April 30, 2007 to provide
beach quality sand to renourish the adjacent beaches while improving navigation and providing
for significantly improved boater safety.
CONSIDERA TIONS: The BCC at its meeting of July 25, 2006, Agenda Item IO.T awarded
Bid 06-3925 to Subaqueous Services, Inc, to dredge Caxambas Pass and renourish Marco South
beaches. The negotiated price was $1,581.400 which included fuel escalation, mobilization of
$700,000 and dredging at a unit price of $4.13/cy.
Wiggins Pass is a high maintenance pass that experiences an excessive amount of yearly
shoaling. Shoaling is so dynamic that the channel meanders regularly creating boat grounding
,- and safety issues. During this cycle which occurs every two years, approximately 62,000 cy of
beach quality sand will be removed from both the ebb tide and interior channel shoals. In
addition, dredging must be completed before the beginning of turtle season to comply with
regulatory requirements.
Subaqueous Services has proposed the dredging of Wiggins Pass using the same equipment that
will be used to dredge Caxambas pass when the Marco South Beach Renourishment is complete
in December, 2006. Acceptance of their proposal for Wiggins Pass will substantially save
mobilization costs and accomplish the project at a very attractive unit price of $4.l3/cy.
Equipment relocation will be $415,940 and the total price of this project is proposed at $682,000.
Subaqueous has also proposed a pricing structure that caps risks due to weather related delays. If
Weather conditions are better than anticipated and Subaqueous Services completes the project in
21 days or less, a credit of $.50/cy will be received. If the project is completed in the anticipated
time of 21 to 28 days, no credit will be received and if weather forces the project to extend past
28 days, then a $.44/cy price increase will be imposed.
Dredging will be to the ebb shoal (50,000 cy) and the interior channel (12,000 cy). Material
placement will be either in a beach-fill placement area or a near-shore placement area as directed
by the County and DEP pelmits. Staff considered soliciting separate bids for this work, which
would delay completion by at least two months. Hence, staff believes that due to the savings in
mobilization costs and the opportunity to complete the project more promptly, approval of this
contract change is warranted and recommended. The recommended action is consistent with
- applicable state law and the Board's purchasing policy.
Agenda Item No. 16F1
November 14, 2006
Page 2 of 8
ADVISORY COMMITTEE RECOMMENDATIONS: This item was approved 7-1 and 1
abstaining by the CAC on October 12, 2006 and on October 23, 2006 the TDC unanimously
approved this item 8-0.
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Tax
Development Tax dollars. In order to fund this requested change order, the Wiggins Pass
Dredging project budget (905221) must be increased. A budget amendment moving $300,000
from reserves to the Wiggins Pass project budget is necessary and will be sufficient to fund this
contract change order.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
LEGAL CONSIDERATIONS: The County Attorney's office has reviewed and approved this
Change Order.
RECOMMENDATION: Recommend approval of Change Order No.1 to Contract No. 06-
3925 "South Marco Beach Renourishment/Caxambas Pass Dredging" with Subaqueous Services,
Inc. in the amount of $682,000 for the dredging of Wiggins Pass and authorize the County
Manager or his designee to sign the Change Order and approve all necessary budget
amendments.
PREPARED BY: Gary McAlpin, Coastal Project Manager
Agenda Item No. 16F1
November 14, 2006
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16F1
Recommendation to approve Change Order No 1 to Contract No. 06.3925 South Marco
Beach RenounshmenUCaxarnbas Pass Dredging (Project 9050011 with Subaqueous
Services. lnc, for the dredging of \^'/iggms Pass in the estimated amount of $682.000.
11114/20069'00:00 AM
Item Number:
Item Summary:
Approved By
Jack Wert
TourIsm Director
Date
County Manager's Office
Tourism
10/31/20063:07 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
10/31/20063:49 PM
Approved By
Gary McAtpin
Costal Project Manager
Date
County Manager's Office
Tourism
11/1/200610:22 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
11/21200611:45AM
Approved By
Mark Isackson
Budget Analyst
Date:
County Manager's Office
Office of Management 8. Budget
11/71200610:44 AM
Approved By
James V. Mudd
County Manager
Date
~'
Board of County
Commissioners
County Manager's Office
11/7/20061:55 PM
---
Agenda Item No. 16F1
November 14, 2006
Page 4 of 8
Date: 10/26/06
E-Mailed To Bonnie:
Project Name: South Marco Beach Renourishment/Caxambas Pass Dredging
Project Number: 905001
To Bee for approval Do Dot put on Administrative reoort.
BIDIRFP #:
063925
Mod#:
PO#:
4500066630
Work Order Nwnber:
Contractor/Consultant: Subaqueous Services, Inc.
Original Contract Amount: $ 1,581,400.00
(Starting Point)
Current Bce Approved Amount:
$ 1,581,400.00
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 1,581,400.00
(Including All Changes Prior To This Modification)
Change Amount:
s
682,000.00
Revised ContractlWork Order Amount: $ 2,263,400.00
(Including This Change Order)
Cwnulative Dollar Value of Changes to this Contract/Work Order: L-682,OOO,OO
Percentage Of The Change OverlUnder Current Contract Amount:
_43.13
%
Overview of change: To add the dredging of Wiggins Pass in order to substantially save on mobilization cost.~ and will be done
for the low price of $4. 13 cy.
Contract Specialist: ~)n 't(/~D8te: /O/;;? (,/tJ~
Scanned Date: (//O/?o 10(.,
1 I
Data Entry Information:
Type of Change: Contract
Project Manager: Gary McAlpin
Department: Tourism
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unfore5een Conditions
3, Quantity Adjustments
4, Correction of Errors
5, Value Added
6. Schedule Adjustments
Revised 7/11/05
Agenda Item No. 16F1
November 14, 2006
Page 5 of 8
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: South Marco Beach RenourlshmentlCaxambus Pass Dredalna
PROJECT #: 905001
BID/RFP #: 06-3925MOD #:
1
pot: 4500066630 CONTRACT #: 06-3925
DEPARTMENT: Tourism
CONTRACTOR/FIRM NAME: Subaaueous Services. Inc.
Original Contract Amount:
$ 1.581.400.00
(Starting Point)
Current BCC Approved Amount:
$ 1.581.400.00
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 1.581.400.00.
(Including All Changes Prior To This Modification)
Cbange Amonnt:
$
682.000.00
Revised ContractIWork Order Amount:
$ 2.263.400.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contrad/Work Order: S 682.000.00
Date of Last BCC Approval 7/25/2006 enda Item # 10T
( Percentage of the change over/under current contract amount 43.'*1.
Formula: (Revised Amount I Last BCC approved amount)-1
Results and ActIons: Contracts: If the change exceeds 10% d the current BCe amount, then ace approval is l'8QUir&d; equal to or less than 10% .
reported to Bee by the purchasing deparll'T1enl CCNA Work Orders: For all wor!( orders lhat exceed $90,000 where lhe change does not exceed 10%
or $10,OOO,these changes are reported by the Purchasing Department to the eee admlnlstratlvely. Changers to lhese war!( orders thet exceed those
thresholds require prior BCC approval. NON~CNA Wofk OreIers: If the change exceeds 10% of the current Bce amount, then BCC approval is
required. If In doubt, contact your contract specialist. For mora specific information regarding work ordar threshOlds. please refar to the Procurement
Administration Procedures, Section 1V.3.d.
CURRENT COMPLETION DATE (S):ORlGINAL: 1/1/2007
CURRENT: 1/1/2007
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. For the dredaiOQ ofWiaains Pass
JUSTIFICAnON FOR CHANGE (5): What value or benefit do these changes provide to the project?
Will substantlallv save mobilization costs and a~mollsh the proiect at a verv attractive unit Drice of $4.13/CY.
Eauipment relocation will be $415.940 and the total orice of this oroiect is oroPOsed at $682.000.
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood. Garv McAloin. Lance Young
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. N or N/A)
_ Y _ Proposed ehange is consistent with the scope of the existing agreement
_ Y _ Proposed change is in fact an addition or deletion to the existrng scope
_ Y _ Change is being implemented in a manner cxmsistent 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: 0
/- REVIEWED BY'
Lyn Wood. Contract S e
Revised 3/29/06
AgellJa 1[1::111 r~U. 16F;
November 14, 2006
Paoe 6 of 8
CHANGE ORDER NO..
1
CH'ANGE ORDER No.1
CONTRACT NO. 06-3925
BCC Date: 7125106
Agenda Item: 10T
TO: Subaaueous ServJces. Jnc.
390 N. Orange Ave.. Suite 2600
Orlando. Florida 32801
DATE: 10/19/06
PROJECT NAME: South ~arco Beach Renourishme~axambus Pass Dredaina
PROJECT NO.: 905001
Under our AGREEMENT dated Julv 25, 2006.
You hereby are authorized and directed .to make the following change(s) in accordance with
terms and conditions of the Agreement: The dredging of Wiggins Pass
Mobilization (Lump Sum) 415,940
Monitoring (Lump Sum) 10,000
Dredging/Placement - 62,OOOcys @$4, 131cy 256.060
TOTAL $682.000
FOR THE (Additive) Sum of: SIx Hundred EiQhtv Two Thousand Dollars ($ 682,000.00 ).
Original Agreement Amount
$1 ,581.400.00
$ 682.000.00
. $2.263.400.00
This Change Order (Add)
Present Agreement Amount
The time for completion shall be (increased) by 1 08 calendar days due to this Change Order.
. Accordingly, the Contract Time is now One Hundred Seventv-Five. C1ZID calendar days. The
. . substantial completion date is ADrl124.2007 and the final completion date is April 30,2007. Your
acceptance of this Change Order shall constitute a modification to our Agreement and will be
pt\Hformed subject to all the same terms and conditions as contained in our Agreement indicated
above. as fully as ff 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:
co~....
Subaque .
By:
Lance Young, President
12006
OWNER:
BOARD OF COUNTY COMMiSSIONERS
OFCOLLlER COUNTY. FLORIDA
By:
Approval as to form and Legal Sufficiency:
Approved:
C~QP~ 1n ~
Assistant County Attorney . .
Jack Wert. Tourism Director
Revised 2/24/2005
69/22/2666 13:56 4679267796
SUBAQUEQJS
Agenda Item No. 16F1
NnllAmhRr 14 ?Onh
, Page 7 of 8
PAGE 62/63
~.
~
SUBAQUEOUS
Services,Inc.
September 22, 2006
Mr. Gary McAlpin
Collier County Government
Tourism Department
3301 Tamiami Trail
Naples, FL 34112
Re: South Marco Beach Renourishment/Caxambus Pass Dredging,
Wiggins Pass, Clam Pass
Dear Mr. McAlpin:
The following is SSI's revised proposal relating to the above-referenced work.
After our meeting of September 20, we began trying to formulate an avenue in
which both 551 and the County could share or bare the burden of SSI's weather
concerns.
r
We have reviewed and brainstormed our estimate for the work and present the
following:
55I will reduce the price of lts proposal for the dredging of Wiggins Pass to a
total Inclusive cost of $11.00 per cubic yard for the dredging and disposal of
..62,0000 cubic yards of material whIch will be placed either in a beach fill
placement area or a near shore__place~en.t !!I rea as:UJrec:tl!d'tne 'CountY 'i:irkl :D.EP'
pe"!li~:.:..... ..' .-;' '~::.' -..,< '. .'> " :. ,.,...." :: ;''':'~:' .., . ""!:: ',:~. :: ......,' .' .
Tnis pH~ IS' dffered with the fo(Jowlti9::sti~~~~nst ., . .' "
. .' '. : .',;". ~'. r:, "',: I ~.'"
1. If weather conditions are~~r.:~:an.tlclpateQ and SSI completes the
'. required mobilization and df~ging;~ti/lfenty"o1ie;tll} d.ays.Rr less, SSI
: .:vyill ~re.?it the Counly $0,50 per d.lbld'Y~d'fpfil~I;1~~t~Si~d)st;'Of '. ..
. "$10;50: j)er cubic ~rd. :. .: .,'; r. "., - ",
. " 2.:'If weattrercoodlttdnS'arewOISe than originally antlcip~ted>and!'ss:r:dOe$. .
;.r1ot complete the re~;ro6bifii~atraf.ld dredging within twehey~eig'fit.: , '.
:~~Bj: ~~~J:h~ ~~tY:'.Wm.:~t;Jst:~?prlCe;$O,44~:pt;rcp~iC yard for a total'
'Ir:rlUsi~.~st Of$11:.44:~r.',t~picryard;: ,.' "
. :': '<:~'; .,'::.,:>::~~':'.': . .
, . . ~ ~
:.'~' . t-,. . f
.. .',
i.;
. oj
..
I
'..; .' :; < .. . . , ~.' . j
,':": . ;
, , ~
. '
:,;,,:;,,; .~:J:.::;; >!".;" ::.:. . .
390 R (.)nrol;~ Iwen:\Je, Suite 2000/0r~, F.b.)28efjfQ;7;;t~~t?9.~ jim "107 9261797
I" ...; '. .,',: ','. '.; '-',
" 1 -:."; I ' . .
69/22/2ee6 13:56
4e79267796
SUBAQUECUS
Agenda Item No. 16F1
November 14. 2006
Page 8 of 8
, PAGE 63/63
~
SUBAQ-pEOUS
Ser"'\ces,Inc.
3. The Caxambus Pass Dredging quantity will be paid based on a certIfied
pre--dredge and post-dredge survey of the designated borrow area
conducted by a third party In lieu of the beach flll template.
It is understood that exceeding the twenty-eight (28) day limit will not Include
major time delays for mechanical failure of SSI's 'equipment.
Concerning the costs for Clam Pass, a review of our origInal proposal revealed
that due to the complement of equipment required to perform this work we can
offer no reduction In our submitted cost, but do offer that 55I could schedule
and complete this work within 2006.
Please do not hesitate to contact me if you have any additional questions.
We look forward to working with you on this project and many others in the
future.
Yours sincerely,
~~~~
Curtis K Huggins
Vice President
Agenda Item No. 16F2
November 14, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommend approval of Change Order No.1 under Contract 06-3960 with
Energy Resources, Inc. for the dredging of Clam Pass in an amount of
$337,995 (Project No. 900281) and approve all necessary budget amendments.
OBJECTIVE: To recommend approval of Change Order No. 1 with Energy Resources, Inc.
for the dredging of Clam Pass in the amount of $337,995.00.
CONSIDERATIONS: Energy Resources is under contract with Collier County for the
Dredging of Haldeman Creek. This project was competitively bid on April 17, 2006 by
Stormwater Management under Bid 06-3960. Mobilization costs were established at $483,000
and dredging unit prices were quoted between $25.57/CY to $25.72/CY depending on location.
Disposal of spoil material was included in this project making the total award price
$1,975,530.87.
Energy Resources has proposed the dredging of Clam Pass while they are mobilized in Collier
County. The equipment to accomplish this maintenance dredging for tidal flushing is the same
as is being used at Haldeman Creek. Energy Resources proposed to complete the project for
$18.27/CY with no mobilization costs, resulting in significant savings in both time and money
(Estimated savings of$375,000). Dredging yardage is estimated at 18,500 CY for a total price of
$337,995. Work will need to be coordinated to begin Clam Pass as Haldeman Creek is
completed. This will occur in December 2006. The project will be complete by the beginning of
turtle season, April 30, 2007. Staff considered soliciting separate fonnal bids for this work but
determined that total costs would be considerably higher (primarily due to mobilization costs)
and that the work might not be completed in time for the spring turtle season, which could
necessitate delaying the work for more than a year. The recommended action is consistent with
applicable state law and the Board's purchasing policy.
A proposal from Energy Resources is attached.
LEGAL CONSIDERATIONS: The County Attorney's office has reviewed and approved this
Change Order.
ADVISORY COMMITTEE RECOMMENDATIONS: The CAC recommended approval of
this item on October 12,2006 and the TDC recommended approval of this item on October 23,
2006.
FISCAL IMPACT: The Source of funds is from Category "A" Tourist Development Taxes-
Fund 195. Available budget in project 900281 must be increased via budget anlendment by
$175,000 to fund this change order. The required budget amendment will move money from
Fund 195 reserves.
.-
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
Agenda Item No. 16F2
November 14, 2006
Page 2 of 7
RECOMMENDATION: To recommend approval of Change Order No. 1 with Energy
Resourced, Inc. for the dredging of Clam Pass in the an10unt of $337,995.00; authorize the
County Manager or his designee to sign Change Order and approve all necessary budget
amendments.
PREPARED BY: Gary McAlpin, Coastal Project Manager
Agenda Item No. 16F2
November 14, 2006
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16F2
Recommend approval of Change Order No 1 under Contract 06.3900 wilh Energy
Resources, Inc. for the dredging of Clam Pass in an amount of $337.995 (Project No
90(281)
'1/14/20069:0000 t,M
Item Number:
Item Summary:
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
10/25/20068:40 AM
App roved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
10/30/20065:12 PM
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
10/31/20063:08 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & B\Jdget
11/1/20068:28 AM
Approved By
Gnry McAlpin
Costal Project Manager
Date
County Manager's Offic~
Tourism
1'111/200610:23 AM
Approved By
Mark Is.ackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1111/200610:43 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's. Office
11/2/2006 9:28 AM
Agenda Item No. 16F2
November 14, 2006
Page 4 of 7
~
ENERGY RESOURCES, INC.
2206 Samuel Stuart Ct. Chesterfield, MO 63005
(636) 532-9558 fax (636) 532-5611
Mr. Gary McAlpin
COLLIER COUNTY GOVERNMENT
Oct. 18,2006
Re: Clam Pass Dredging Proposal
Dear Mr. McAlpin,
Energy Resources, Inc. is pleased to submit the following dredging proposal for the Clam
Pass Project. The scope of work and pricing is shown below. The pricing is a reduced
rate because of our current work with Collier County. Weare currently performing
dredge work on the Haldeman Creek Project with two of our dredges for Collier County.
In adding this to our work load we are able to save a considerable sum on dredge and
pipe mobilization.
Scope or Work:
Energy Resources, Inc. will provide the equipment, labor, fuel and supplies to dredge
approximately 18,500 cubic yards of material from Clam Pass Stations 0+00 to 18+00 as
per the plans and specifications prepared by Humiston and Moore Engineers. Stations
0+00 to 2+50 will be worked by excavator and truck prior to the arrival of the dredge.
The dredge will work :from station 2+50 to 18+00. All excavated and dredged material
will be placed on the beach at Clam Pass Beach Park as outlined in the plans and
specifications. Energy Resources, Inc. will provide turbidity monitoring as required by
the FDEP permit.
Schedule:
The Excavator/Truck portion will be completed in December, 2006. The dredge
pipe will also arrive in December. The dredging will start after the first of the year and
the project will be completed prior to April 30, 2007.
Price:
The pay quantities for dredging will be established from the pre-dredge and post-
dredge surveys.
Mobilization and Demobilization $ 0
Dredging $18.27/cy for 18,500 cy (estimated) $ 337,995
We look forward to working with you on this project. If you have any other questions
regarding this matter please contact me at your earliest convenience.
Sincerely,
Paul Reinhardt
President
Agenda Item No. 16F2
November 14, 2006
Page 5 of 7
..tf
Date: 10/24/06
E-Mailed To Bonnie:
Project Name: Haldeman Creek Restoration Dredging
Project Number: 900281
This will eo to Bee for aooravaI; do Dot Dut OD admin. report
BIDIRFP #:
06-3960
Mod#:
PO#:
This will have a separate PO.
Work Order Nwnber:
Contractor/Consultant: Energy Resources, Inc.
Original Contract Amount: $_1,975,530.87
(Starting Point)
Current Bce Approved Amount:
S 1,975,530,87
(Last Total Amount Approved by the BCe)
Current Contract Amount:
S 1,975,530.87
(Including All Changes Prior To This Modification)
Change Amount:
$
337,995.00
Revised Contract/Work Order Amount: $ 2,313,525.87
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: L-337,995.00
Percentage OCThe Change OverlUnder Current Contract Amount:
_17.10
%
Contract Specialist:
's prior to April 30,2007 and with the savings oCmobilization.
IO/1LJ/t6
Scanned Date:
Data Entry Information:
Type of Change: Contract
Project Manager: Gary McAlpin
Department:. Tourism
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adjustments
L- Revised 7/11/05
.--. -----:--~-.__..,_~ ~-t'Jl.
Agenda Item No. 16F2
November 14, 2006
Page 6 of 7
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: Haldeman Creek Restoration Dr.dana
PROJECT #: 900281
BIDIRFP #: ..06-3960MOD #:
DEPARTMENT: Tounsm
1
PO#: N1A
CONTRACT #: 06.3960
,
i
CONTRACTORIFIRM NAME; Enerav Resclurces. Inc.
Origlaal Contract Amount:
S 1.975.530.87
(Starting Point)
Cnrrent BCC Approved Amount:
$ 1.975.530.87
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 1.975.530.87
(Including All Changes Prior To This Modification)
Change Amount:
s
337.995.00
Revised ContractIWork Order Amount:
$ 2.313.525.87
(Including This Cllange Order)
Cumuladve Donar Value of Changes to this ContractIWork Order: S 337.995.00
!
t
I
[
Results and Actions: Contracts: If the change exceeds 10% of.. CUlM Bee amount, then Bce approval Is required; aqual to 0( IMs than 10%
reported to BCC by the purchasing department. CCNA Work Orders: FO( all Mrt orders that exceed 590.000 where the change does not exceed 10%
or $10,000, these challQe$ are reported by the Purchasing Department to the BeC admlnlslrativefy. Changers to these work orders that exceed these
thresholds require prior BCC approval. NON-CCNA WorK Ordel$: If the change exceeds 10% of the current Bce amount, then BCe approyal is
required. If In doubt, contact your contract spedalisl For more specific infonnation regarding work order thresholds, please refer.to the Procurement
Administration Procedures, Section IV.3.d.
Date of Last Bee Approval Mav 9. 2006 Agenda Item #
Percentage of the change over/under current contract amount
Formula: (Revised Amount I Last Bee approved amount)-1
10H
17.10.;'
CURRENT COMPLETION DATE (S):ORIGINAL:
SUMMARY OF PROPOSED CHANGE
Pass.
. 12/28/06 CURRENT: 4/30/07
es. Work to be done for the dr
f
I
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provid~ to the project?
Enerav Resources is currentlv uslna the same equipment on the proiect at Haldeman Creek. ThIs
will be a dramatic savlnQs to the county as there will be no fee for the Mobilization and Demobilization for
this additional work.
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood. Gary McAlpin, Paul Rein~ardt
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
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
APPROVE BY: C Date: JO/;L,J I 'U1fJ6
, ,
Date: / ~/2tf.t.t.
REVIEWED BY:
L
Revised 3/29/06
'~~,~~-
~~ ..~:~tA'h
. '---~'(.
Agenda Item No. 16F2
November 14, 2006
Page 7 of 7
CHANGE ORDER NO.1
CHANGE ORDER NO.
1
CONTRACT NO. 06-3960
BCC Date: M 9 2006
Agenda Item: 10H
TO: Enemv Resources. Inc.
2206 Samuel Stuart Ct.
Chesterfield, MO 63005
DATE: October 19, 2006 .
PROJECT NAME: Haldeman Creek Restoration Dredaina Proiect
PROJECT NO.: 900281 .... . . I
You hereby are aulhorized and directed to make the following change(s) In a4nce with
terms and conditions of the Agreement: For the dredging of Clam Pass
Original Agreement Amount
$1.975.530.87
lmdred
i
I
!
FOR THE (Additive) (Deductive) Sum of: Thr e Hundred Thirt -seven Thousand Nine
Ninety-five Dollars ($337.995.00).
Sum of Previous Changes
$
-()..
I
Present Agreement Amount $2.313.525.87 . . I
The time for completion shall be (increased) by 114 calendar days due to this Change Order.
ACcordingly. the Contract Time is now Two Hundred Ninety-Four (294) calendar ~ays. The.
substantial completion date is April 22.2007 and the final completion date is April 30. 20P7 . Your,
acceptance of this Change Order shall constitute a modification to our Agreement add will 'be
performed subject to all the same terms and conditions as contained In our Agreemen<< indicated
above. as fully as if the same were repeated in this acceptance. The adjustment.. if af,y, to the
Agreement shall constitute a full and final settlement of any and all claims of the Contractor hrising out
of or related to the change set forth herein, including claims for impact and delay costs. I
This Change Order (Add) (Deduct)
$ 337.995,00
.A~pted: !Jd-'2.t{.
CONTRACTOR:
Ene.. .rg. YR. esou. r.~...'..,...I.... ......,..
.~.... ril.
By: Pa I' R~inhardt.' Presid~nt
,2006
OVVNER: (
!
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORld~
ft1~
Approval as to form and Legal Sufficiency:
Approved:
. ~jjJ)/A~
Assistant County Atto . ey .
Revised 2/24/2005
Jack Wert, Tourism Directo
Agenda Item No. 16F3
November 14, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommend approval of award of Bid 06-4041 to Aquatic Plants of Florida,
Inc. for Dune Vegetation Repair and Rebuild on a unit-price basis not to
exceed $719,472.24 (Project No. 905271).
OBJECTIVE: To repair and rebuild dune vegetation for the betterment of various Collier
County beaches.
CONSIDERATIONS: Hurricanes Wilma and Katrina damaged excessive amounts of Collier
County Dunes on Vanderbilt, Park Shore and Naples beaches. This contract is for the repair of
beach vegetation with the addition of approximately 800,000 plants.
This bid was advertised beginning on August 29,2006. The bid opening was held on September
29, 2006. Notices were sent to 32 companies and 7 bid packages were requested. Although only
one bid was received, the bid amount is within recent industry cost structure and is within the
budgeted funds that are available for this work.
-
COUNTY ATTORNEY FINDING: A finding by the County Attorney is not required for this
item.
ADVISORY COMMITTEE RECOMMENDATIONS: This item was unanimously approved
8-0 by the CAC on October] 2, 2006. The TDC unanimously approved this item 8-0 on October
23, 2006.
FISCAL IMPACT: Sufficient budget exists in Fund 195, Project 905271 to award this
contract. The Federal Emergency Management Agency (FEMA) has approved a project
worksheet for this expense and funding reimbursement is expected upon conclusion of this
contract.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: Recommend approval of award of Bid 06-4041 to Aquatic Plants of
Florida, Inc. for dune vegetation repair and rebuild on a unit-price basis not to exceed
$719,472.24 and authorize Chairman to execute the standard contract after County Attorney
approval.
PREPARED BY: Gary McAlpin, Coastal Project Manager
.-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F3
November 14, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F3
Recomrnend approval of award of Bid 06-4041 to Aquatic Plants of Fiorida, loc for Dune
VegetatIon Repair and Rebuild on a unit-pnce basis not to exceed S719,472.24 (Project No
9052(1)
11/14/2006 900:00 AM
Purchasing Agent
Date
Approved By
Lyn Wood
Administrative Services
Purchasing
10/25/20068:41 AM
Gary McAtpin
Costal Project Manager
Date
Approved By
County Manager's Office
Tourism
10/25/20068:57 AM
Acquisition Manager
Date
Approved By
Mike Hauer
Administrative Services
Purchasing
10/31/20069:45 AM
TouMsm Director
Date
Approved By
Jack Wert
County Manager's Office
Tourism
10/31/20063:08 PM
Purchasing/General Svcs. Director
Date
App roved By
Steve Carnell
Administrative Services
Purchas.ing
10/31/20063:45 PM
Administrative: Assistant
Date
Approved By
OMB Coordinator
Count~r Manager's Office
Office of Management & Budget
11/1/20068:29 AM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office of Management & Budget
11/3/200612:21 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/3/20064:48 PM
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Agenda Item No. 16F4
November 14, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a used Hummer brush
vehicle for $52,800 by the Isles of Capri Fire District.
OBJECTIVE: To obtain the Board of County Commissioners' approval to purchase a
used Hummer brush vehicle.
CONSIDERATIONS: The Isles of Capri Fire District presently has one 1955 brush
vehicle. The approved FY07 budget has included $60,000 for a replacement vehicle.
Numerous emergency vehicle dealers were contacted to find a used Hummer brush
vehicle available for sale. Only two of these fire apparatus dealers had such vehicles for
sale. Fenton Fire Equipment Inc. had one vehicle for sale for $57,000; Bradford Tri-
County Marketing Inc. had two vehicles for sale, one for $57,150 and one for $52,800.
The lowest priced brush vehicle of the only three used vehicles available was inspected
and approved by the principal automotive technician of the Collier County Fleet
Management Department.
FISCAL IMPACT: There is no fiscal impact for FY07; the $52,800 was already
approved with the budget.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners waive the
competitive bid process pursuant to Purchasing Policy and approve this request to
purchase a used Hummer brush vehicle for $52,800.
Prepared By: Emilio Rodrhzuez. Fire Chief
Isles of Capri Fire/Rescue
..-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F4
November 14, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16;::4
Recommendation to approve the purChase of a used Hummer brush vehicle for $52,800 by
the Isles of Capri Fire Distnct
11/14/200690000 AM
Fire Chief
Date
Prepared By
Rod Rodriguez
Board of County
Commissioners
Isles of Capri Fire Rescue
10/10/20063:07:28 PM
Fire Chief
Date
Approved By
Rod Rodriguez
Board of County
Commissioners
Isles of Capri Fire Rescue
10/10/20063:13 PM
Scott Johnson
Purchasing Agent
Date
Approved By
Administrative Services
Purchasing
10/11/20067:59 AM
Mike Hauer
AcqUisition Manager
Date
Approved By
Administrative Services
Purchasing
10/11/20062:17 PM
Steve Carnell
PurchElsingJGeneral Svcs Dlrec10r
Date
Approved By
Administrative Services
Purchasing
10/12/20068:12 AM
Dan Croft
Fleet Management Director
Date
Approved By
Administrative Services
Fleet Management
10/27/2006 12:42 PM
Oar, E. Summers
Bureau of Emergency Services Director
Date
Approved By
County M ,mager's OFfice
Bureau of Emergency Services
10/31/200612:43 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
10131/20062:56 PM
MichDef Smykowski
M.magement & Budget Director
Date
Approved By
County Manager's Office
Office of Management &: Budget
11/1I200610:03AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/21200610:25 AM
Page 1 of 1
Agenda Item No. 16F4
November 14, 2006
Page 3 of 3
rodriguez_r
From: KBradf5575@aol.com
Sent: Monday, October 09,20063:23 PM
To: rod rig uez_r
Subject: 97 Hummer
Hi Chief,
Here is the Info you requested for the purchase of the 1997 H-1 Hummer Brush truck.
. 1997 AM General H-1 Hummer
. Red in color with black trim and white Reflective striping
. 6.5Ltr. Diesel Enigine ( New)
. auto transmission
. all the time 4X4
. air conditioned
. seating for 2
. MX-7000 light bar
. Federal SS2000 100 watt siren/control panel
. 300 gallon poly water tank
. Hale 250GPM fire pump
· Sidewinder (95gpm?) bumper turret with remote control
. Side mounted storage boxes
. "new" tires
. Parts and service manual on CD
Total price delivered: $52,800. Deliver with be A.S.A.P. (est. 3-4 weeks after P.O. arrival).
If you have any questions, feel free to call me any time.
Kirby Bradford
Bradford Tri-County Marketing Inc.
Fort Myers, Florida
239-425-5478
ntto //www bradfordtl'lcountv corn
10/9/2006
Agenda Item No, 16F5
November 14, 2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Understanding for Expenditure of
Recipient Funding from the 2003 Domestic Preparedness Grant, a State Homeland
Security grant program.
OBJECTIVE: That the Board of County Commissioners approves a Memorandum of
Understanding between Collier County Emergency Medical ServicesIFire (Recipient) and
Florida Department of Community Affairs (FDCA) which transfers ownership of a Tow
Vehicle purchased on behalf of Collier EMS/Fire.
-.
CONSIDERATIONS: Under the 2003 Domestic Preparedness Grant, an EMS Mass
Casualty Incident Management Tow Vehicle valued at $63,500 was purchased on behalf of
Collier EMS/Fire by the Division of Emergency Management of the State of Florida. This
Memorandum of Understanding transfers ownership of said vehicle to Collier County
EMSIFire. Collier County EMS/Fire agrees, upon notification by the FDCA, to respond to
any and all incidents within its regional response area with this vehicle and any and all
other resources it has, for so long as the MOU remains in effect, or as may be agreed upon
under the State Homeland Security Strategy. Collier County EMS/Fire also agrees not to
transfer, rent, lease, alienate, donate, mortgage, encumber or otherwise dispose of said
vehicle without consent of the FDCA and to use the vehicle for its specified purpose.
FISCAL IMPACT: There is no Fiscal Impact resulting from this action.
GROWTH IMPACT: There is no Growth Management Impact resulting from this
action.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve a Memorandum of Understanding for Expenditure of Recipient Funding
from the 2003 Domestic Preparedness Grant; and
2. Authorize the Chairnlan to execute said Memorandum of Understanding.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
-
Contract Number: 07NF.2..~~,lwm No. 16F5
1"'-~!1Vember 14, 2006
CFDA Number: Page 2 of 10
MEMORANDUM OF UNDERSTANDING
FOR EXPENDITURE OF RECIPIENT FUNDING
FROM 2003 DOMESTIC PREPAREDNESS GRANT
STATE HOMELAND SECURITY GRANT PROGRAM
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between Collier
County Emeroencv Medical Services/Fire ("Recipient") and Florida Department of Community Affairs
(UFDCA").
WHEREAS, the U.S. Department of Homeland Security, Office of Grants and Training has made
available 2003 Domestic Preparedness Grant funds to the Florida Department of Community Affairs (UFDCA"),
as the State of Florida's State Administrative Agency under federal grant guidelines, which funds are designated
to be used for planning, equipment, training, exercise and management and administrative Purchases and
activities in Domestic Preparedness,
WHEREAS, the 2003 Homeland Security Grant Program ("SHSGP"), is a portion of the 2003 Domestic
Preparedness Grant and provides funds to enhance the capabHity of State and Recipients to prevent, deter,
respond to, and recover from incidents of terrorism.
WHEREAS, the 2003 Domestic Preparedness Grant guidelines require that, if the State retains a
portion of said grant funds on behalf of a Recipient, the State must enter into a Memorandum of Understanding
("MOU") with the Recipient, specifying the amount of funds to be retained by the State for Purchase of the below
identified equipment ("the Purchases"); and
WHEREAS, the State and the Recipient have utilized the State of Florida's State Homeland Security
Strategies as the basis for the allocation of 2003 SHSGP funds to meet prioritized needs to enhance and refine
their preparedness efforts, and have received state and federal approval for the allocation and expenditure of
said funds as designated herein.
NOW THEREFORE, in consideration of the mutual promises and conditions herein contained, the
parties agree to the followIng terms:
1. The Recipient requests that the State, through FDCA, retain the amount of $63.500 (Grant
Fund Amount"), as a portion of the Recipient's allocation of the SHSGP portion of the 2003
Domestic Preparedness Grant. for the Purchases identified below to be made by the State
on behalf of the Recipient.
2. FOCA, in its administration of the 2003 SHSGP grant funds, agrees to retain and expend
the Grant Fund Amount for the Purchases on behalf of the Local Government Unit.
3. The Purchases to be made by FDCA on behalf of the Recipient consist of the planning,
organizational, equipment. training, exercise, and/or management and administrative items
identified below ("Purchases"), under the authorized 2003 SHSGP activity/activities
designated below.
4. Recipient agrees that unless the RecipIent is a state agency or subdivision, as defined in
Section 768,28, Fla. Stat., the Recipient shaH be solely responsible to parties with whom it
shall deal in carrying out the terms of this Memorandum of Understanding, and shall save
FDCA harmless against all claims of whatever nature by third parties arising out of the
performance of work under this Memorandum of Understanding. For purposes of this
Memorandum of Understanding, the Recipient agrees that it is not an employee or agent of
FOCA, but is an independent contractor.
5. Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat.,
agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortuous acts which result in claims or suits against FDCA,
and agrees to be liable for any damages proximately caused by said acts or omissions.
Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to
which sovereign immunity applies. Nothing herein shall be construed as consent by a state
a~e.ncy or subdivision of the State of Florida to be sued by third p~R:~~~~~~~5~
arising out of any contract. Page 3 of 10
6. The Recipient agrees that all notices provided under or pursuant to this Memorandum of
Understanding shall be in writing, either by hand delivery, or first class, certified mail, return
receipt requested, to the contract representative identified below at the address set forth
below and said notification attached to the original of this Memorandum of Understanding:
7. The Recipient shall use the Purchases for the purpose specified in the Florida Strategy,
and specifically agrees:
a, That upon notification by FDCA, the Recipient shaff respond to any and all
incidents within its regional response area with the Purchases, and any and all
other resources which it has, for so long as the MOU remains in effect, or as may
be agreed under the Florida Strategy.
b, The Recipient shall not transfer, rent, sell, lease, alienate, donate, mortgage,
encumber or otherwise dispose of the Purchases without the prior written consent
of FDCA, nor shall the Recipient use the Purchases for any use other than as
specified in the Florida Strategy. Use of the Eligible Equipment shalf be monitored
by FDCA as set forth in Addendum A to this MOU.
The Recipient agrees to promptly return to FDCA the signed equipment packaging slip(s)
acknowledging possession of all the Purchases,
The names and addresses for the FDCA contract managers for this MOU are:
ContractlF inancial Activities:
Programmatic Activities:
Cherie Trainor, Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Phone Number: (850) 413-9942
Email: cherie.trainor@dca.state.fJ.us
Chuck Hagan, Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Phone Number: (850) 410-1263
Emai!: charles.haganlCi)dca.stateJl.us
The name and address of the representative of the Recipient responsible for the
administration of this MOU is:
Name and Title:
Address:
City/State/Zip
Phone Number:
Email:
Mr. Dan Bowman
3301 East Tamiami Trail
Naples, Fforida 34112 (Collier County)
(239) 774-8459
da nbowman@coifjerqov.net
D Planning
Specific program, service, item:
o Equipment Acquisition/Scope of Work:
The Department of Community Affairs, Division of Emergency Management, purchased
and delivered on behalf of the Recipient, 1 EMS- Mass Casualty Incident Management
Tow Vehicle, GMC-4500 with utility body, valued at $63,500. This equipment is part of
the FY 2003 ODP Part I lines 34 and 36.
o Training
Specific program. service, item:
o Exercise
Specific program, service item:
o Management and Administration:
Agenda Item No. 16F5
November 14, 2006
Page 4 of 10
7. FDCA has been approved by the State and the Recipient as the appropriate agency
to acquire the items and/or provide the services required for the above-referenced
Purchases on behalf of the Recipient.
8, FDCA shall apply the Grant Fund Amount, on behalf of the Recipient, to complete the
Purchases identified above within the timeframe(s) required by the 2003 Domestic
Preparedness Grant guidelines.
9. FDCA may maintain custody and control of any equipment purchased pursuant to this
MOV on behalf of the Recipient and/or transfer said equipment to partnering agencies
within the Regional Domestic Security Task Forces to the benefit of all local agencies
statewide.
10. The parties agree to comply with state and federal guidelines in the allocation, expenditure
and reporting of the use of the Grant Fund Amount
11. This MOU is effective upon its execution by the parties and may be modified only in writing
with execution by both parties. This MOU shall expire five (5) years from the date of
execution of this MOU. and shall be automatically renewed for addttional five (5) year terms
unless notice of termination is sent by one party to the other in accordance with the terms
of Paragraph 6 herein.
12, DEBARMENT:
With respect to any Recipient which is not a local government or state agency, and which
receives funds under this MOU from the federal government, by signing this MOU the
Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
2. have not, within a five-year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state or local) transaction or contract under public transaction; violation of
federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or
receiving stolen property;
3. are not presently indicted or otherwise criminaHy or civilly charged by a
governmental entity (federal, state or local) with commission of any offenses
enumerated in this certification; and
4. have not within a five-year period preceding this MOV had one or more public
transactions (federal, state or locaf) terminated for cause or default. Where the
Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this MOU, In addition, the Recipient shall
submit to the Department (by email or by facsimile transmission) the completed
"Certification Regarding Debarment, Suspension, Ineligibility And Voluntary
Exclusion for each prospective subcontractor which Recipient intends to fund
under this MOU. Such form must be received by the Department prior to the
Recipient entering into a contract with any prospective subcontractor.
14. AUDIT LANGUAGE:
Agenda Item No. 16F5
.. . . . t)lovember 14. 2006
If the ReCIpIent IS a State or local government or a non-profIt organlzatton aS~~~fnl 0
OMB Circular A-133, as revised, and in the event that the Recipient expends $566,000 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 OMS Circular A-133, as
revised. EXHIBIT 1 to this MOU indicates Federal resources awarded through the
Department by this MOU. In determ ining the Federal awards expended in its fiscal year,
the Recipient shall consider all sources of Federal awards, including Federal resources
received from the Department. 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 OMS Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the audit requirements addressed in this Paragraph 14, the Recipient
shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of
OMB Circular A-133, as revised.
If the Recipient expends less than $500,000 in Federal awards in its frscal year, an audit
conducted in accordance with the provisions of OMS Circular A-133, 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 of
OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal
resources (Le., the cost of such audit must be paid from Recipient resources obtained from
other than Federal entities).
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,
as revised, and required by this Paragraph 14 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 foHowing:
The Department of Community Affairs at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[an electronic copy shaft also be submitted to the above office]
And
Division of Emergency Management
Finance and Logistics Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the
number of copies required by Sections .320( d)(1) and (2), OMS Circular A-133, as revised,
should be submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and
(f), OMS Circular A-133, as revised.
Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shalf submit a
copy of the reporting package described in Section ,320 (c), OMS Circular A-133, as
revised, and any management letter issued by the auditor, to the Department at each of the
following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399~2100
[an electronic copy shall also be submitted to the above office]
And
Agenda Item No. 16F5
November 14. 2006
Page 6 of 10
Division of Emergency Management
Finance and Logistics Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Any reports, management letter, or other information required to be submitted to the
Department pursuant to this MOU 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 Department 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 reporting package was delivered to the Recipient in
correspondence accompanying the reporting package.
15. This Memorandum of Understanding contains all the terms and conditions agreed upon by
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be
executed by their undersigned officials as duly authorized,
RECIPIENT: COLLIER COUNTY EMERGENCY
MEDICAL SERVICES/FIRE
DIVISION OF EMERGENCY MANAGEMENT
By:
By:
W. Craig Fugate, Director
Drvision of Emergency Management
Signature of Agency Official
Frank Halas. Chairman
Name and Title
November 14. 2006
Date
Date
ATTEST:
DWIGHT E. BROCK Cieri(
By: ...._~~~~~....;.;.r.-~
Z)L" ." ~,..' R,"">gSJ.!'~v
t.,:':.::""'" .,.. "'.' .......:' ,....,....~ ,. ,,'
1(....>,
~ - ------~~~~~--,.......
.!ti~.s::~~:ar,t CO';.:~.~l3tl:J .~.~t,~r:tv3~1
Section 1
Section 2
Section 3
Agenda Item No. 16F5
November 14, 2006
Addendum A Page 7 of 10
Monitoring Procedure for Subgrant Equipment Recipients
Conditions for Requirement
1,1 For all equipment meeting the following conditions, an 'ODP Sub-
Grant Recipients - Major Equipment Items Reporting Form' (Addendum B) must be
completed annually and submitted according to Submission Guidelines (Section 2).
Conditions:
1.1.a
Equipment received through Memorandum of
Understanding between the recipient agency and the
Department of Community Affairs, Division of
Emergency Management; and
1.1.b
Dollar value of item is equal to or greater than
$1,000,00.
Submission Guidelines
2.1 Prior to December 31 of each year, recipient agency contact as
documented in Memorandum of Understanding, is responsible for
completing and returning the following documentation to:
Department of Community Affairs
Division of Emergency Management
Bureau of Compliance, Planning and Support
Finance and Logistics Section
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-2100
Documentation:
2.1.a
Completed attached 'ODP Sub- Grant Recipients -
Major Equipment Items Reporting Form' (Addendum B); and
2.1.b
Digital Photos of item including time and date
stamp. Photo requirements as follows:
i) Minimum of (4) four photos. one from each
side showing 3600 condition of asset:
. boats
. vehicles
. trailers
. robots
· any motor powered transportable asset
ii} Minimum (1) one photo, full front view of asset:
. personal protective equipment
· medical equipment
. any asset VI~thout motor power
Exclusions and Limitations
3.1 Expired Items
Equipment is considered expired if manufacturer issued expiration
date is past and is exempt from the reporting requirement IF an
Addendum B reporting form has been submitted to Department of
Community Affairs, Division of Emergency Management
indicating item is expired, Indicate EXPfRED on your response
when indicating the present condition of the item; OR
3.2 Disposed Items
Items which have been disposed are exempt from the reporting requirement AFTER
a. an Addendum B reporting form has been submitted to Department of Community
Affairs, Division of Emergency Management indicating:
i)
the item has been DISPOSED of; AND
Agenda Item No. 16F5
November 14, 2006
Page 8 of 10
the sale price in accordance with Code of Federal Regulations, Title 28, S 66.32,
(d)(1); unless exempt from reporting under CFR, Title 28, S 66.32 (e)(1) which
omits reporting of sale price if under $5,000.00; OR;
ii)
ili) disposition has been completed in accordance with CFR, Title 28, S 66.32 (c)(4)
which allows for trade~in or sale of equipment to off~set price of replacement
equipment, subject to approval from Department of Community Affairs, Division of
Emergency Management.
3.3 Expended Items
Items which have been expended are exempt from the reporting requirement AFTER an
Addendum B reportjng form has been submitted to the Department of Community Affairs,
Division of Emergency Management indicating EXPENDED in the 'Present Condition'
column,
3.4 Exempt
Items which have a dollar value less than $1.000.00 are exempt from reporting
requirements entirely.
Section 4
Federal Compliance
4.1 Recipient contact shall sign on the reporting form certifying that he or she has read Title 28,
Judicial Administration, and the item(s) is/are being used and maintained in accordance
with the following Department of Justice Guidelines as applicable (emphasis added).
Title 28: Judicial Administration
S 66,32 Equipment.
(a) The Omnibus Crime Control and Safe Streets Act of 1968, as amended, Public Law 90-351, section 808, requires
that the title to all equipment and supplies purchased with section 403 or 1302 (block or formula funds) shall vest in the
criminal justice agency or nonprofit organization that purchased the property if it certifies to the State office described
in section 408 or 1308 that it will use the property for criminal justice purposes. If such certification is not made, title to
the property shall vest in the State office, which shall seek to have the property used for criminal justice purposes
elsewhere in the State prior to using it or disposing of it in any other manner.
(b) States, A State will use, manage, and dispose of equlpment acquired under a grant by the State in accordance with
State laws and procedures. Other grantees and subgrantees will follow paragraphs (c) through (e) of this
section.
(c) Use. (1) Equipment shall be used by the grantee or subgrantee in the program or project for which it was
acquired as long as needed, whether or not the project or program continues to be supported by Federal
funds, When no longer needed for the original program or project, the equipment may be used in other
activities currently or previously supported by a Federal agency.
(2) The grantee or subgrantee shall also make equipment available for use on other projects or programs
currently or previously supported by the Federal Government, providing such use will not interfere with the
work on the projects or program for which it was originally acquired. First preference for other use shall be
given to other programs or projects supported by the awarding agency. User fees should be considered if
appropriate,
(3) Notwithstanding the encouragement in 966.25(a) to earn program income, the grantee or subgrantee must
not use equipment acquired with grant funds to provide services for a fee to compete unfairly with private
companies that provide equivalent services, unless specifically permitted or contemplated by Federal statute.
(4) When acquiring replacement equipment, the grantee or subgrantee may use the equipment to be replaced
as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject
to the approval of the awarding agency.
(d) Management requirements. Procedures for managing equipment (including replacement equipment),
whether acquired in whole or in part with grant funds, until disposition takes place will, as a minimum, meet
the following requirements:
(1) Property records must be maintained that include a description of the property, a serial number or other
identification number, the source of property, who holds title, the acquisition date, and cost of the property,
percentage of Federal participation in the cost of the property, the location, use and COnditi~~~fl~~g~~
and any ultimate disposition data including the date of disposal and sale price of the property. ve P:ge 9 of 10
(2) A physical inventory of the property must be taken and the results reconciled with the property records at
least once every two years.
(3) A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the
property. Any loss, damage, or theft shall be investigated.
(4) Adequate maintenance procedures must be developed to keep the property in good condition.
(5) If the grantee or subgrantee is authorized or required to sell the property, proper sales procedures must be
established to ensure the highest possible return.
(e) Disposition. When original or replacemerlt equipment acquired under a grant or subgrant is no longer
needed for the original project or program or for other activities currently or previously supported by a Federal
agency, disposition of the equipment will be made as follows:
(1) Items of equipment with a current per-unit fair market value of less than $5,000 may be retained, sold or
otherwise disposed of with no further obligation to the awarding agency.
(2) Items of equipment with a current per unit fair market value in excess of $5,000 may be retained or sold and
the awarding agency shall have a right to an amount ca[culated by multiplying the current market value or
proceeds from sale by the awarding agency's share of the equipment.
(3) In cases where a grantee or subgrantee fails to take appropriate disposition actions, the awarding agency
may direct the grantee or subgrantee to take excess and disposition actions.
(f) Federal equipment. In the event a grantee or subgrantee is provided federally-owned equipment:
{1} Title will remain vested in the Federal Government.
(2) Grantees or subgrantees will manage the equipment in accordance with Federal agency rules and
procedures, and submit an annual inventory listing.
{3} When the equipment is no longer needed, the grantee or subgrantee will request disposition instructions
from the Federal agency.
(g) Right to transfer title. The Federal awarding agency may reserve the rIght to transfer title to the Federal
Government or a third part named by the awarding agency when such a third party Is otherwise eligible under
existing statutes. Such transfers shall be subject to the foHowing standards:
(1) The property shall be identified in the grant or otherwise made known to the grantee in writing.
(2) The Federal awarding agency shall Issue disposition instruction within 120 calendar days after the end of
the Federar support of the project for which it was acquired. If the Federal awarding agency fails to issue
disposition instructions within the 120 calendar-day period the grantee shall follow 66.32(e}.
(3) When title to equipment is transferred, the grantee shari be paid an amount calculated by applying the
percentage of participation in the purchase to the current fair market value of the property
[53 FR 8068 and 8087, Mar. 11,1988, as amended by Order No. 1252-88, 53 FR 8068, Mar. 11, 1988; 53 FR
12099, Apr. 12, 1988]
Agenda Item No. 16F5
November 14, 2006
Page 10 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F5
Meeting Date:
Recommendation to approve a Memorandum of Understanding for Expenditure of Recipient
Funding from the 2003 Domestlc Prepareaness Grant, a State Homeland Security grant
program.
11/14/20069.0000 AM
Prepared By
Jeff Page
EMS Chief
Date
Bureau of Emergency
Services
EMS
10/20/20069:15:53 AM
Approved By
Jeff Page
EMS Chief
Date
Bureau of Emergency
Services
EMS
10/24/200611:17 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
10/31/200612:44 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office:
Office of Management & Budget
10/31/20062:57 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County M aoager's Office
Office of Management & Budget
11/6/20069:'10 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Managers Office
Office of Management & Budget
11/6/2006 9'.26 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/6120062;28 PM
Agenda Item No. 16F6
November 14, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Approve Memorandum of Understanding (MOD) between The Collier County
Board of County Commissioners, through its Emergency Management Department,
and the Harry Chapin Food Bank Center.
OBJECTIVE: Board of Commissioners' approval and signature on the MOD between
The Collier County Board of County Commissioners, through Emergency Management
Department and the Harry Chapin Food Bank Center.
CONSIDERA TIONS: The purpose of a Memorandum of Dnderstanding (MOD) is as
follows:
To maintain cooperation and coordination between Collier County Government, through
its Emergency Management Department and the Hany Chapin Food Bank Center at a
time of a major disaster and during the post-disaster recovery period;
-
To supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters while understanding the need to work in harmony with local
governments and private relief agencies wishing to assist in rendering the most efficient
service with a minimum of duplication to the citizens and guests of Collier County;
To set forth, define and establish a mutual agreement, understanding, and obligation by
and between The Collier County Board of County Commissioners, through its
Emergency Management Department, and the Harry Chapin Food Bank Center; and
To coordinate the administration of relief activities of the Harry Chapin Food Bank
Center under the direction or guidance of Collier County authorities.
FISCAL IMP ACT: No funds are required
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of Commissioners approve the MOD between
The Collier County Board of County Commissioners, through its Emergency
Management Department, and the Harry Chapin Food Bank Center in Collier County
which has volunteered to partner with Emergency Management during both
Presidentially declared or undeclared disasters.
Prepared By: Joseph W. Frazier, Special Projects Coordinator, Department of Emergency
Management
-
Item Number:
Item Summary:
Meeting Date:
Aoenda Item No. 16F6
" November 14, 2006
Page 2 016
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
~;6F6
Approve Memorandum of Understanding (MOU'! between The Collier County Board of
County Commissioners. through its Emergency Management Department and the Harry
Chapm f:ood E:1ank Center
i 1 Ii 4/20069:00,00 f\M
Date
Approved By
Dan E. Summers
County Manager's Office
BUrealJ of Emergency Services DIrector
Bureau of Emergency Services
10131/2006 12:44 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Office of Management & Budget
10/31/20063:00 PM
Date
Approved By
Micl1ael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
11/3/20065:31 PM
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
11/6/2006 1 :05 PM
.v
Agenda Item r~o. 16F6
November 14, 2006
Page 3 of 6
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Harry Chapin Food Bank,
2126 Alicia Street, Fort Myers, Florida 33901
I: Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth, define
and establish mutual agreements, understandings, and obligations by and between the Collier
County Board of County Commissioners, through its Emergency Management Department, and
the Harry Chapin Food Bank.
II: Statement of Basic Responsibilities:
A. Collier County Board of County Commissioners, through its Emergency
Management Department, provides coordination of emergency services with
Collier County, including incorporated areas. This includes the selection and
utilization of various resources and organizations capable of rendering assistance.
Under Chapter 252, Florida statutes, the Board of County Commissioners,
through its Emergency Management Department, also coordinates the
administration of relief activities of both public and private relief or disaster
assistance organizations which agree to volunteer their services under the
direction or guidance of Collier County authorities. In addition, Collier County
may utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief supplies,
medicines or other items and temporary sheltering as part of the restoration,
rehabilitation or reconstruction of community services and essential facilities
whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues to
supplement assistance and recovery to victims of both Presidentially declared or
undeclared disasters and the need to work in harmony with local governments and
private relief agencies, the Harry Chapin Food Bank wishes to assist in rendering
the most efficient service with a minimum of duplication to the citizens and
guests of Collier County.
III: Coordination of Effort: Cooperation and coordination between Collier county
Government, through its Emergency Management Department and the Harry Chapin Food Bank
at a time of major disaster and during the post-disaster recovery period should be maintained at
efficient levels and is part of the purpose of this Agreement. The Harry Chapin Food Bank
works on a voluntary basis as a member of the Collier Emergency Response Volunteer (CERV)
Working Group, and will make a continuing effort to acquaint its members of this Agreement to
assist Collier County government in carrying out mutual responsibilities for disaster relief.
Page I of 4
Revised 7/26/06
Agenda Item No. 16F6
November 14, 2006
Page 4 of 6
IV: Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify the Harry Chapin Food Bank of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the members of
the Harry Chapin Food Bank; and
3. Assist in' the development plans for the Harry Chapin Food Bank; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of the Harry Chapin Food
Bank for disaster relief and recovery projects.
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this responsibility
shall not serve as a waiver of Collier County's Sovereign Immunity limits.
B. The Harry Chapin Food Bank agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of each
year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written
approval of the owner/operator.
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection form,
and/or this agreement.
3. Prior to occupancy, representatives of both parties will again inspect the
facility/property to note any discrepancies on the release form. Normal
wear and tear is considered to the responsibility of the
organization! owner/operator.
4. The facility/property will be returned to the organization/owner/operator in
the same condition as it was when occupied/acquired.
5. Other provisions as follows:
Page 2 of 4
Revised 7/26/06
Agenda Item No. 16F6
November 14, 2006
Page 5 of 6
V. Effective Date: This Agreement presents the general and some specific guidelines by which
Collier County, through its Emergency Management Department and the Harry Chapin Food
Bank will cooperate to aid victims at the time of disaster. In witness thereof, the parties have
executed this agreement on the date indicated. The provisions of the Agreement will be effective
from the date signed. Both parties have the authority to amend provisions of this Memorandum
of Understanding upon mutual consent.
AS TO COUNTY:
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
Deputy Clerk
By:
, Chairman
ORGANIZA TION NAME
HARRY CHAPIN FOOD BANK
2126 Alicia Street
Fort Myers, FL 33901
By: I~~ ~i:e-\~v- L
~ted Name 4
By: ~L .5 ~/O C.
Signature ' Date
By: \-!:Je.T" 't W o...-\""Ce...- s
Second Witness
By:-1S{~r~~ ~~\
First Witness
Typed or Printed Name
Typed or Printed Name
B~I,J,~ V..-Q
Ignamre Dffie
By: ~-n-:-.: w ~ c;;: 1 ~ D4
Signature \ Date
Page 3 of 4
Revised 7/26/06
..
..
Agenda Item No. 16F6
November 14, 2006
Page 6 of 6
.... .. ' ..
,
"
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this .;2 day of ,t,,;;Y'5' r , 2006,
by ;$a/!t .J . 6ith'IiI,;" as U-;;.M)"'V;- ::Vii:.' , of the Harry Chapin Food Bank, a
, ,-
.;'bl E 3 He/She is [vG,ersonally known to me, or [ ] has produced driver's license
Jiii;Zt;;;;-~--~
no.
as identification.
(SEAL)
~.,,~
~.~ .'"
,~;
0, fl.'"
NOtary Public Stale 01 Florida
Richard Brockman
My Commission 00545664
Expites 06/0912010
'J -~~
Name: ~jt?#A~j) J~c:-Kft-,R~
(Type or Print)
My Commission Expires:
Approved as to form and legal sufficiency:
~
Page 4 of 4
Revised 7/26/06
Agenda Item No. 16F7
November 14, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve Budget Amendments to transfer funds for a growth
ambulance inadvertently budgeted for FY 07 in Fund 490 - Emergency Medical
Services to Fund 350 - EMS Impact Fees in the amount of $185,000.
OBJECTIVE: That the Board of County Commissioners approves a Budget Amendment
to transfer funds to Fund 350 - EMS Impact Fees for the purchase of a growth unit
ambulance incorrectly budgeted in Fund 490.
CONSIDERATIONS: The purchase of one ambulance was approved as an unfunded
request by the BCC on September 21, 2006 in the Final Budget Public Hearing. This
ambulance was incorrectly budgeted in Fund 490 - Emergency Medical Services. This
ambulance is necessary to bring the EMS fleet to an acceptable level of one reserve unit for
each 3.5 front line vehicles and the need for which is attributable to growth. Consequently,
the funding for this purchase should be accounted for in the EMS Impact Fee Fund.
,..,~-'"
FISCAL IMPACT: Budget Amendments are necessary to move a growth ambulance
expense in the amount of $185,00Q out of EMS Operating fund 490 to EMS Impact Fee
fund 350. Since this ambulance was approved as an unfunded request from the General
fund (001), a Budget Amendment will be required to re-route the $185,000 transfer from
fund 490 to fund 350. As the General Fund has to advance the impact fee fund for the
purchase of this growth ambulance, the cost of this ambulance will be incorporated into the
next EMS Impact Fee Rate Study.
GROWTH IMPACT: There is no Growth Management Impact resulting from this
action.
RECOMMENDA nON: That the Board of County Commissioners approves the Budget
Amendments to transfer funds for a growth ambulance inadvertently budgeted for FY 07 in
Fund 490 - Emergency Medical Services to Fund 350 - EMS Impact Fees in the amount
of $185,000.
PREP ARED BY: Jeff Page, Chief, Emergency Medical Services
_.
Item Number:
Item Summary:
Meeting Date:
Agellda Item No. 16FT
November 14, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F7
Recommendation to approve Budget Amendments to transfer funds for a growth ambulance
inadvertently budgeted for FY 07 in Fund 490 Emergency Medl::::al Services to Fund 350
EMS Impact Fees in the amount of 5185;000
111141200690000 AM
Date
Prepared By
Jeff Page
Bureau of Emergency
Services
EMS Chief
EMS
10/30/20064:53:26 PM
Date
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
EMS
10/30/20065:07 PM
Date
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services Director
Bureau of Emergency Services
10/31/200612:45 PM
Date
Approved By
OMS Coordinator
County Manager's Offlce
Administrative Assistant
Office of Management & Budget
10/31/20063:04 PM
Date
Approved By
Susan Usher
County il/ianager's Office
SenIor Management/Budget Analyst
Office of Management & Budget
'11/6/200612:53 PM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & BUdgct Director
Off1ce of Management & Budget
11;6/20065'13 PM
Approved By
Leo E, OctlS, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
1116i2006 5:49 PM
lru F 8
- A bJl (}I\J
Recommendation to Reaffirm the Board's Approval (at the Special Meeting held on November 1, 2006) of a
Budget Amendment from Reserves within the Pine Ridge/Naples Production Park Debt Service Fund to
Appropriate the Annual Principal and Interest Payments and Arbitrage Calculation Fees on Outstanding
Special Assessment Revenue Bonds
EXECUTIVESU~Y
OBJECTIVE: To reaffirm the Board's approval at the special meeting held on November 1,2006 to establish
budget appropriations for debt service related expenses associated with outstanding special assessment revenue
bonds for the Pine Ridge/Naples Production Park.
CONSIDERATIONS: Special assessment revenue bonds, Series 1993, were issued in the aggregate amount of
$17,335,000 for roadway and drainage improvements within the Pine Ridge Industrial Park and the Naples
Production Park. The revenues supporting this bond issue are special assessments levied against benefiting
properties. The final maturity date on these bonds is October 1,2013.
Staff in the Clerk of Courts Finance Department typically prepares the debt service budgets, with input and review
by OMB staff. The Clerk's Finance Department administers the debt service budgets and makes disbursements
(payments of principal and interest on outstanding bonds, as well as fiscal agent fees) to various financial institutions
iR'accordance with the covenants of each respective bond issue.
, .
The budget forecast in FY 06 anticipated paying off the entire principal and interest outstanding on the special
assessment revenue bonds for the Pine RidgelNaples Production Park. As such, no principal or interest payments
were budgeted within this fund in FY 07. There is sufficient cash available (due to assessment pre-payments,
iI!terest earnings, and unspent bond proceeds) within the Pine Ridge/Naples Production Park Debt Service Fund
(232) to retire all outstanding debt associated with this special assessment revenue bond. However, there are other
issues such as alternative uses of surplus funds including additional improvements within the industrial parks,
refunds, as well as collection of remaining special assessments outstanding.
A principal payment of$765,000 and an interest payment of$166,719.37 are due on November 1, 2006. As there is
not an FY 07 budget appropriation for debt service at this time, the Clerk of Courts will not make the requisite
payment. This Executive Summary is of a 'housekeeping" nature as available reserves within this debt service fund
will be accessed to establish budget appropriations for the debt service payments, as well as the arbitrage
c~J~ulations.
~,,, .
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive
$ummary.
FISCAL IMPACT: A budget amendment of $1,172,500 is necessary to fund FY 07 principal- $765,000, interest
(rounded) - $400,000, and arbitrage calculation fees - $7,500. Funds are available within reserves for debt service
within the Pine Ridge/Naples Production Park debt service fund.
RECOMMENDATION: That the Board of County Commissioners reaffirms the approval given at the special
meeting held on November 1, 2006:
1. Approving a $1,172,500 budget amendment establishing budget appropriations for principal, interest, and
arbitrage calculation fees; and
c, 2. Authorizing staff to payoff the outstanding principal and interest on this bond issue in its entirety, and
approve all associated budget amendments thereto.
~repared by: Michael Smykowski, OMB Director
Aqenda Item No. 16G1
~ November 14, 2006
. Page 1 of 13
EXECUTIVE SUMMARY
To approve and execute Site Improvement Grant Agreement between the Collier County
Community Redevelopment Agency and a grant applicant within the Bayshore Gateway
Triangle Community Redevelopment area.
OBJECTIVE: To approve and execute the Site Improvement Grant agreement between the
Community Redevelopment Agency (CRA) and a grant applicant within the Bayshore Gateway
Triangle Community Redevelopment area.
CONSIDERATIONS: The Community Redevelopment Agency Site Improvement Grant
program for the Bayshore Gateway Triangle Community Redevelopment Area has earmarked
$100,000 in new FY 07 dollars for distribution to eligible applicants. The purpose of the Grant
is to provide an incentive to revitalize the area by providing a matching grant to encourage the
private sector to invest in their property. The commercial property grant requires at least a 66%
match from a commercial property applicant and is funded by Tax Increment Funds.
"-'-
The Bayshore Gateway Triangle Community Redevelopment Agency Local Advisory Board
reviewed the application (Exhibit A) on October 3, 2006 and recommended for CRA Board
approval the following Site Improvement Project of not to exceed $2,510.54 for:
1. Sona Enterprises and ECHO, LLC - 3580 & 3590 Bayshore Drive - Commercial
FISCAL IMPACT: Sufficient budget exists within the Bayshore Gateway Triangle Fund (187)
to fund the requested grant. A Site Improvement Grant may provide up to 33% of the cost of
commercial improvements not to exceed $8,000. The above site improvement grant
recommended for funding is valued at $2,510.54.
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, including the Bayshore Gateway Triangle CRA, that may consider alternative
land use plans, modifications to development standards, and incentives to encourage
redevelopment.
RECOMMENDATION: That the CRA Board approves and authorizes for execution the Site
Improvement Agreement between the Community Redevelopment Agency and Sona Enterprises
& ECHO, LLC in the amount of $2,510.54.
Prepared by:
David L. Jackson on October 20, 2006
Executive Director
Bayshore/Gateway Triangle Community Redevelopment Agency
-
Agenda Item No. 16G1
November 14,2006
Pa(J920113
COLLIER COUNTY
BOARD OF COUNTY COMMISStONERS
Item Number:
16G1
Item Summary:
To approve and execute Site Improven1ent Grant Agreement between the Collier COlmly
Community Reaevelopmenl F.gency and a grant applicant within the Bayst10re Gateway
Tnangle Community Redevelopment area.
11/14/2006 90000 AM
Meeting Date:
Prepared By
David Jackson
Executive Director
Date
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
11/1120068:49:55 AM
Approved By
David Jackson
Ex.ecutive Director
Date
Community Redevelopment
Agency
Bayshore-Gateway Redevelopment
11/1/20068:49 AM
Approved By
Marjorie M. Student-Stirling Assistant County Attorney
Date
County Attorney County Attorney Office
1111/20062:47 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
1112/2006 12:02 PM
A pp roved By
Mark Isackson
Budget Analyst
Date
County Manager's Oftice
Office of Management & Budget
11f3f200611:59AM
AI'proved By
James V. Mudd
County Manager
Date
Board of County
COtTlllllSsioners
County Mnnager's OffIce
11/3/20064:42 PM
A9Blllii
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BAYSHORE/GATEWAY TRIANGLE
REDEVELOPMENT AREA
TH1S AGREEMENT EJ'\TERED this day of bv and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and ::~;~Yli:\ L"k, .1(,<;.("'\ (i h ~j (hereinafter referred to as "Ovmer")
E:c I-\-c LL. C
I
WITNESSETH
WHEREAS, in Collier County Ordinance No 2002-38, the Board of County
Commissioners delegated authority to the eRA to a\.'iard and administer CRA grants including
contracts with owners for eRA grants. and
f) S'/, "-"-
WHEREAS, Owner has applied for a site improvement grant in the amount of ,;(/ (.,.)
dollars~ and
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
was approved for a grant 3\vard in the amount of 1;. ~I ~J Q., j L/- _ dollars on
~_ ("eRA Approval"), \"hich is 3~).~oo of the costs to
construct the site improvements
NOW, THEREFORE. in consideration of the mutu..al covenants contained herein and
other valuable consideration, the parties agree as folkw..s
1. Owner acknowledges to the CR/... that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as '"Grant
Program"), that Owner has read the Grant Program. and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the eRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program OViner agrees to the terms and conditions of the Grant Program. a copy of which
is attached as Exhibit "A" and incorporated herein
2. Owner is the record owner of property described as 3S~j ;~'f.)ttDC'- /)fl.., ~'b
3. Owner has agreed to make certain improvements to the propel1y pursuant to the
grant application submitted to the eRA datedS"Pi11V\tklL 'l&-) lco'-' (the "Site
Improvements") Attached hereto as Exhibit A and incorporated herein by reference
4. O\'mer agrees to complete the construction of the Site Improvements \vithin one
(I) year of eRA Approval Owner also agrees to fund at least )00'0 of the costs of the Site
Improvements
Agenda Item No. 16G1
November 14, 2006
Page 4 of 13
(1'
5. CRA has approved a grant to Owner in the amount of './ J) i () r r V to be
administered pursuant to the terms of this Agreement based on an estimated cost of
''J7, f1 c -7. 7 (). If the actual costs are less than the estimated costs to construct the Site
Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
6, Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the eRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA,
through its staff, shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the eRA
8. Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application. Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (] ) year of CRA
approval, or if Owner fails to fund at least 50%, of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
] O. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modification or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in \vriting and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
FROM :
FAX NO.
12 213133 136:aS~n$Sltem No. 16G2
May. r~ovember 14, 2000
Page 5 of 13
. .
IN W'lTNESS WiIEREOF, the parties have exeCuted this ~ent on the date and year
first written above.
(1)~~
WitJlcss SipuR:
~lctte. A~
o
.
~ ~'7e.qu.. OC"
.?~ -g.CAu~uA
. . PriDIcdI'I)pcd Nsmo
(~~
ATTEST;
DWIGHr E. BR.OCK. Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By:
, Deputy Clerk
DONNA FIALA. Otairman
Approved 8$ to fomJ 3IId
legal sufIiciaacy:
l"h~ J'~ ~v<1:..-- iJ&- LCe. '-t.
Maljoric ~ . . ,\
Assi.sIaDt County Aaomey ~
\\
Agenda Item No. 16G 1
November 14, 2006
Page 6 of 13
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
SITE IMPROVEMENT
GRANT APPLICA liON
...;,
....
'"
Tomorrow
SITE IMPROVEMENT GRANT APPLICATION
01 I 2007
SonaEnterprises & ECHO, LLC
3580 & 3590 Bayshore Drive
Agenda Item r\lo. 16G1
t-Jovember 14, 2006
Page 7 of 13
Site Improvement Grant Application
Section 1: Applicant Information
c:::.
Owner Name: 0f.)t\.J (.:\.
Owner Address: 35??o
~' s.e::-.,
5~S\\\te -'
I E~o lLL
''Cnv-e... r~-es .~ l \J--
Site Address (if different from owner address):
Legal Description of Site: ~-\. (r) ~\ \~.\(3 6 (Y).. R'-G~u.r{\(\+
Daytime Phone:
(03 C\ - Ys-s- -57) (0 C'{
~41- "-f:5I'~ (K\'0-1') / L(:J() - '1dfoY C~'1
Alternate Phone:
E-Mail Address:
How long have you owned this property?: cJ. '-j f'S6 (Y\..CX-\~
How long is lease term iflcased?: (attach copy oflease) ~ 'if'-
Tenant Name (Commercial Only): S~ 5\~'~e S
Tenant Daytime Phone: 5~Q'- 7 c.o(o'~
Tenant Alternate Phone: ~U- ct'd <0 '--{ (Den') I ~ Y I - y. ~-~ ~ ( I(l ~
Number of Years in Business at Site Address:
Occupational License Number: Uy 1 Co I ~
Other Tenant Names, if any:
First Time Site Improvement Grant Applicant?
8
No
Agenda Item No. 16G1
November 14, 2006
Page 8 of 13
.-
Section 2: Project Information
Existing Condition of Project (attach additional sheets if necessary)
f\)~~~
((\ -wn~
C')~J01 L1\j 8 ~'-j ~.pA
(~ C:~-i"..lre ~--cn+.
~ p..~ttE\) ~o
Attach "Before" Photos at least two 8X10 color photos, others may be
added to accurately describe the site).
Outline Proposed Improvements in Detail (attach additional sheets if
necessary )
l(J \~ D(\C'\C ~ \\\ ~ cW- ~~
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~~r0ni\0dI()\ mou(~ i'to.J'Yt<:,
List Materials to be Used and Construction Methods to be Utilized (i.e. red
bricks,
wood panels, roof type, etc.) (attach additional sheets ifnecessary):
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Agenda Item No. 16G 1
November 14, 2006
Page 11 of 13
Project Initiation and Completion Form
(to be submitted with Site Improvement Grant Application)
I, S6~ ~se~ , owner/tenant of the property
located at 3500 t3Ali~ re.- '\2n'v"P , have the funding and
capability necessary to begih the site improvements listed under Section 2
of the completed site improvement grant application and have the ability to
complete all improvements within one year of the approval of the site
improvement grant by the Collier County Community Redevelopment
Agency.
~ u,>W-cv,- ~\A.Q ~
')
Signature of Owner/Tenant (Commercial only)
Date I If( I iJ{
~M ~-tis
Date 7' ( I L ! u L
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Signature of Owner/Tenant (Commercial only)
(if jointly owned or leased)
Date
Ie
Agenda Item No. 1681
November 14, 2006
Page 12of13
Section 3: Project Cost Information
Estimated Project Cost:
ALL WORK TO BE COMPLETED BY A CONTRACTOR MUST HA VE AT LEAST TWO
WRITTEN ESTIMATES OR QUOTES ATTACHED TO THE APPLICATION
Estimated Request from eRA
(up to 50% of the total project cost, up to, but not exceeding $8,000.)
COPIES OF ALL RECEIPTS AND/OR CANCELED CHECKS WILL REQUIRED UPON PROJECT
COMPLETION AS PROOF THAT ALL MATERIALS AND CONTRACTED IMPROVEMENTS
HA VE BEEN PAID. NO REIMBURSEMENT WILL BE MADE BY THE c.'RA UNTIL ALL
RECEIPTS AND/OR CANCELLED CHECKS HA VE BEEN RECEIVED AND VERIFIED.
Note: The eRA will reimburse on~y up to 50% q{the total project cost, up to, but not exceeding a
maximum amount ol $8,000 upon completion (?l the project and submittal (?l the Payment
Request Form.
\)o.(,'\?v~7, I J'}, U i..>
In.~:n 4 ~y 7:'
f'"7/6'"0 7, 7 tJ
FOR eRA USE ONLY
Total Estimated Project Cost: 1t.],t 6 7. 70
~'1'- -
C7'-,7:J /O;'Jif
3% tn AXlI11.l< >>1
Request from CRA:
Percentage of Total:
c I I
f/16.1)(;
Date
{j (f' (~6
wner
WCec- 'I?it;=:-:yL-
CRA Staff. , ,1_
bCl 3 -f(y.')
Date
j //6 (oe.
Date
8
Agenda Item No. 16G1
November 14, 2006
Page 13 of 13
Point Evaluation Form
A point system will be used by CRA staff to evaluate projects, using the following table
(application must clearly indicate what project provides to get the points associated with
that item):
Points Form
Project Provides
Ie
Points Points
Available Awarded
1
1 I
1 I
1
1
1
1
1
I
1
1
1
2
1
2
2
1
Subtotal 4
5 5
5
5 5
10 10
5
Subtotal -,)..v
TOTAL oJ..
Other Criteria
Applicant has funding and is prepared to begin permitting process and hiring
of qualified contractors immediately following CRA approval and complete
all work within one year of a roval by eRA
Improvements will allow applicant to remedy existing code enforcement
roblems
1 sl time Site Improvement Grant applicant (repeat applicants qualify for points
if rant not awarded reviousl or 2nd commercial site)
CRA contribution of25% or less of the total roject cost
CRA contribution of26% - 50% of the total ro'ect cost
CRA Staff Si nature
NOTE 1: Any alterations in the project must be pre-a roved by the CRA to avoid revocation of funding.
In the event that the total funding request from all applicants exceeds the amount available for this grant
cycle, funds will be awarded at the final discretion of the CRA based on the merits provided to the
redevelopment area.
NOTE 2: Grant is for renovation/improvement of existing structures. Grant may be awarded for
improvements made to "existing" structures as part of a new construction project (example: hurricane
quality window replacements on existing structure as part of residential room addition or commercial office
expansion).
Agenda Item No. 16G2
November 14, 2006
Page 1 of 29
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute a thirty-five (35) year Sub-Lease
Agreement between the Collier County Airport Authority and Salazar Machine
& Steel, Inc. at an initial rent of Two Thousand Dollars ($2,000) per year for the
construction of a minimum 20,000 square foot manufacturing facility on one
and one-half (1.5) acres at the Immokalee Regional AirportlTradeport.
OBJECTIVE: It is the Collier County Airport Authority's (Authority) objective that the
Collier County Board of County Commissioners approve and authorize its Chairman
to execute said Sub-Lease Agreement between the Authority and Salazar Machine &
Steel, Inc.
CONSIDERATIONS: As required by Florida law, the Authority solicited bids for non-
aviation related commercial development at the Immokalee Regional
Airport/Tradeport (Airport). Salazar Machine & Steel, Inc. submitted a proposal to
construct a minimum 20,000 square-foot manufacturing/warehouse facility on one
and one-half acres (1.5) at the Airport.
,_.
The Authority and Salazar Machine & Steel, Inc. negotiated a thirty-five (35) year
Sub-Lease Agreement at an initial rent of ten cents ($0.10) per square foot per year
for the footprint of the building (20,000 square feet), which equates to Two Thousand
Dollars ($2,000) for the initial year.
FISCAL IMPACT: No fiscal impact is anticipated for FY2007. Rent will commence
on the first day of the first full month following the issuance of a Certificate of
Occupancy for the completed manufacturing/ warehouse facility.
GROWTH MANAGEMENT IMPACT: The growth management impact associated
with this Executive Summary will be addressed in the Site Development Plan
process.
RECOMMENDATrON: That the Collier County Board of County Commissioners
approve and authorize its Chairman to execute the attached thirty-five (35) year Sub-
Lease Agreement between the Collier County Airport Authority and Salazar Machine
& Steel, Inc. at an initial rent of Two Thousand Dollars ($2,000) per year for the
construction of a minimum 20,000 square foot manufacturing/warehouse facility on
one and one-half (1,5) acres at the Immokalee Regional Airport/Tradeport.
Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority.
~-
Item Number:
Item Summary:
Meeting Date:
Agencia Item No.
November 14.
PagE: 2 of 29
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G2
Recommendation tr,at the COllier County Board of County Commissioners approve and
authorize Its Chairman to execute a thirty-five (35) year sutJ..lease agreement between the
Collier County Airport Authority and Salazar Machine & Steel Inc at an initial rent of Two
HlOusand DaiJars (52,000) pery-ear tor the construction of a minimum 20,000 square ioot
manufacturing facility on one and one-half (1 5) acres at tne Immokalee Regional
AirporVTradeport
11/14120069:0000."M
Date
Approved By
Theresa M. Cook
County Manager's Office
E)(E1cutive Director
Airport Auttlorit~'
11/1/20064:28 PM
OM B Coordinator
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/2/200612:04 PM
Approved By
Randy Greenwald
County Manager's Office
ManagemenUBudget Analyst
Date
Office of Management & Budget
1116/20062:27 PM
Michael Smykowski
Date
Approved By
County Manager's. Office
Management & Budget Director
Office of Management & Budget
11i6!2006 2:35 PM
Approved By
James V. Mudd
Board of County
ComrnisslOner5
County Manager
Date
County Manager's Office
11/G/2flO€ 3:02 PM
Immokalee Regional Airport Agenda Item No.1 G2
TradePort Manufacturing License and Sub-Lease Agreement - October~'O'U6'l1~er 143, 2 J0269
,age 0
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
WHEREAS, the Collier County Airport Authority, Sub-lessor, (hereinafter referred to as "Authority"), a Public
Body existing under Collier County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite
1, Naples, Florida, 34114 is charged with the operation and maintenance of certain real properties known
collectively as the Immokalee Regional Airport (hereinafter referred to as "Airport") in Collier County, Florida; and,
WHEARAS, the Authority leases the Airport from the Collier County Board of County Commissioners, the Authority is
the Sub-lessor and Salazar Machine & Steel, Inc. (hereinafter referred to as "Tenant") is a Sub-lessee; and
WHEREAS, Collier County through the Authority maintains desibrnated areas on the Airport specifically to sub-lease
said areas to aviation and non-aviation related businesses, entities or individuals to develop the Airport and its
infrastructure for the general aviation community, and aviation businesses for the benefit of the citizens of Collier
County; and
WHEREAS, Tenant desires to sub-lease that portion of real property as described in Exhibit "A" attached, on the
Airport for the purpose of furthering the Tenant's Major and Minor Steel Fabrication & Design Business interests; and
WHEREAS, the Authority is willing to sub-lease that portion ofreal property as described in Exhibit "A" attached, and
the Authority and Tenant (hereinafter referred to collectively as the "Parties") desire to execute a written sub-lease
agreement (hereinafter referred to as "Agreement"); and
PART ONE OF TWO PARTS
Paragraphs I through 6 are unique to these Premises:
1. The Premises.
a. The Premises Described. The Authority hereby sub-leases to the Tenant one and five-tenths (1.5) acres of
real Property, approximately located in the NE comer of Quadrant # 3 of Section To47,S and R.29,E of the
United States Geological Survey, with Florida State Plane Coordinates as follows: N-759332.317, E-
524703.212; N-759646.277, E-524695.998; N-759656.353, E-524914.048; N-759445.471, E-524917.001;
N-759337.257, E-524897.661 within Collier County, State of Florida. depicted on the Airport Layout Plan
(ALP), which real property is more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference, together with an easement for ingress and egress to the property (hereinafter referred
to as "Premises"). This is an approximate description. Tenant shall be required to submit an official land
survey to the Authority within sixty (60) days of the execution date of this Agreement, which survey shall
depict the leased Premises. Final approval of the survey and the exact boundaries of the access easement are
subject to written approval by the Authority. This Agreement shall have no force or effect until the Authority
has actual physical possession of one (1) original of this Agreement (including all Exhibits) fully signed by
the Tenant (with two attesting witnesses), fully signed on behalf of the Authority (with two attesting
witnesses), signed as "approved to form and legal sufficiency" by an attorney employed by the County
Attomey, and signed by the Chairman of the Collier County Board of County Commissioners ("BCC"), and
witnessed by the Deputy Clerk (which execution by the BCC is to only to prove that this Agreement has been
approved by the Bee. The date this Agreement is fully executed by the Chairman of Collier County Board
of County Commissioners is referred to in this Agreement as the "Execution Date."
2. Terms.
a. Initial Agreement Term. The term of this Agreement shall be thirty-five (35) years (hereinafter "Agreement
Term") commencing on the "Commencement Date," as hereinafter defined, and terminating thirty-five (35)
years after that Commencement Date. The Commencement Date shall be the first day of the first full month
following the issuance or receipt of a certificate of occupancy for the completed facility that Commencement
Date being the _ day of , 200_. The termination date shall be the last day of that month
in year 20_. (The Parties acknowledge that the missing information shall be added upon receipt of said
Certificate of Occupancy, which added information shall be initialed by an authorized designated
representative of the Tenant and by the Authority's Executive Director). Possession of the Premises by the
Tenant shall be deemed to begin on the Execution Date of this Agreement even if the Tenant is not actually
then in possession of the Premises. Collier County Ordinance No. 2004-03, as amended, provides that only
the Collier County Board of County Commissioners is authorized to agree to any extension of the Agreement
Term.
Page 1
(Tenant's Initials)
Y:llmmokalee Regional AirportlLeaseslSalazarlSaJazar Lease -master copy 11-0 1-06.doc
Immokalee Regional Airport Agenda Item NO.1 82
.. S 0 t.J.,o..vember 14 2 J06
TradePort Manufacturmg License and ub-Lease Agreement - ctober :.Wuo Page.4 0 29
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
b. This Agreement is Contingent upon proof of Loan CommitmentIFinancial Ability to Construct. This
Agreement is contingent upon the Tenant providing to the Authority a document which is acceptable to the
Authority and which provides proof of Tenant's legal identity as individual or corporate financial ability to
construct a minimum 20,000 square foot manufacturing/warehousing facility. The proof of financial
ability shall be in the fonn of a loan commitment and/or a letter of credit or an escrowed cash payment for all
costs to complete, from an acceptable financial institution, Acceptance of the financial institution shall not be
unreasonably withheld by the Authority. Proof must be provided within ninety (90) days Execution Date of
this Agreement.
3. Permitted Uses. Tenant shall have use of the Premises only for the construction ofa minimum 20,000 square foot
manufacturing and warehouse facility. No building or land shall be used except for the major and minor steel
fabrication and design, and authorized industrial activities of the Tenant, or assignees or sub-sub-Iessees approved
pursuant to paragraph 15 hereof, recognizing that each use and structure must still be properly pennitted by Collier
County through a Certificate of Occupancy or occupational license, as the case may be. Moreover, no use and lor
occupancy shall disturb the peaceful enjoyment of any other tenant at the Airport, and all uses and occupancy shall
always confonn to all then current (as then revised or superseded) laws, standards, rules, regulations, codes and all
other written applicable policies of every type and description.
4. Rent. Beginning on the Commencement Date, the Tenant shall pay Rent to the Authority, (The same being the
first Rent payment date). The amount of the annual Rent shall be detennined by multiplying ten cents ($0.10) per
square foot times the footprint of the Building (20,000 square feet) for the first five (5) years of the sub-lease.
Therefore, the Rent for the first sub-lease year shall be Two Thousand Dollars ($2,000.00) plus Florida sales tax.
For each sub-lease year subsequent to the first sub-lease year the annual Rent shall be increased by one percent
(1 %), which increase shall become on the annual anniversary of the Commencement Date throughout the tenn of
this Agreement. Commencing on the first month of the sixth year of the sub-lease, the Rent shall apply to 65,340
square feet, the total area of the Sub-leased Premises. Additionally, the Rent shall be increased at the end of the
fifth sub-lease year to the current Fair Market Value (FMV) (as defined by the Federal Aviation Administration
Rules & Regulations) land lease rate per square foot per year. The Rent shall be increased again at the end of the
tenth, fifteenth, twentieth, twenty-fifth and thirtieth anniversaries of the Commencement Date to the then current
FMV land lease rate per square foot per year. These incrementally increased Rent payments shall be billed
(invoiced) to the Tenant prior to the end of each such anniversary date. In no event shall the Rent increase in the
fifth, tenth, fifteenth, twentieth, twenty-fifth and thirtieth years be greater than five percent (5%) of the Rent for the
previous Rent payment year.
5. Time Restrictions for Construction of Initial Development.
Construction of a minimum 20,000 square-foot manufacturing and warehousing Facility must be completed on or
before the first day of the 15th month after the Execution Date of this Agreement. If development has not been
substantially completed by this time, it shall be considered a material breach of this Agreement. "Substantially
Completed" means not more than forty-five (45) days from Final Completion.
6. Notices. Whenever any notice is required or pennitted hereunder, such notice shall be in writing, Any notice or
document required or pennitted to be delivered hereunder shall be deemed to be delivered whether actually
received or not, when deposited in the United States mail, as Certified Mail, postage prepaid, return receipt
requested, and addressed to the parties at their respective addresses, as set forth below. Tenant shall have a
continuing obligation to notify the Authority's Executive Director, in writing, of each and every change in this
address, The Authority shall also have a continuing obligation to notify the Tenant in writing of each and every
change to its address, if any. No "Notice" constitutes an amendment to this Agreement.
Airport Authority
Collier County
2005 Mainsail Drive, Ste. 1
Naples, FL 34114
Salazar Machine & Steel, Inc,
160 Airpark Blvd.
Immokalee, FL 34142
PART TWO
All of the following paragraphs (7 through 39) are Standard Fonn paragraphs. Amendments to any of these paragraphs
must be made in paragraph 33. "Special Provisions."
7. Fees and Charges. Tenant shall pay the following fees and charges:
(Tenant's Initials)
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Immokalee Regional Airport Agenda Item NO.1, ;G2
TradePort Manufacturing License and Sub-Lease Agreement - Octobe/to'tf61l~~~~~ ~bgg
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
a. Closing and Processing Fee. Tenant shall pay a one-time closing and processing fee of Five Hundred
Dollars and no cents ($500.00), which must be received within ten (10) days after the date this Agreement is
approved by the Collier County Board of County Commissioners and executed by its Chairman and attested
to by the Clerk.
b. Additional Fees. Any and all additional amounts, obligations, or expenses paid or incurred by the Authority:
(a) on behalf of Ten ant or which is the responsibility of Tenant hereunder or for which the Tenant has agreed
to reimburse the Authority; or (b) amounts which the Authority after reasonable advance notice to Tenant
elects to payor incur because of Tenant's failure, neglect, or refusal to perfOllli or fulfill any of the terms and
conditions of this Agreement shall constitute additional fee payable by Tenant to the Authority, and the same
shall be payable in full along with the payment of all other payments due hereunder within thirty (30) days of
the receipt of Authority's invoice setting forth the costs or amounts incurred by Authority. Such payments
shall include interest, cost~ (including reasonable attorneys' fees), damages, and penalties that may have been
incurred by the Authority in collecting the same.
c. Payments. Any and all payments shall be made to the Collier County Airport Authority at its then current
and correct address,
d. Late Payment Fee. Tenant shall pay a late payment fee of ten percent (10%) of the late Rent, fee and/or
other late payment. If the late payment fee is not actually received by the Authority when due, the late
payment fee shall compound monthly.
e. Separate and Independent Provision. It is the intention of the parties hereto that the obligations of the
Tenant shall be separate and independent covenant~ and agreement~, that the Rent payments to be made by
the Tenant and all other sums payable by the Tenant to or on behalf of the Authority shall continue to be
payable in all events and that the obligations of the Tenant shall continue unaffected, unless the requirement
to payor perforn1 the same shall have been terminated pursuant to an express provision of this Agreement.
f. Due In Advance. All Rent payments shall be due and payable each month in advance, beginning on the
applicable first Rent payment date and continuing regularly on a monthly basis without notice from the
Authority thereafter during the Agreement Tenn. However. the Authority may elect to invoice payment
notices. All subsequent payment~ shall be due (paid in advance for each respective month) on the first of
each month thereafter. The Tenant can elect to pay one year's Rent in advance.
g. Material Default. Tenant's failure to pay Rent for any period exceeding three (3) consecutive months will
be considered a Material Default of this Agreement.
8. No Refunds. Tenant shall not be entitled to a refund of any Rent, fees or other charges whatsoever, except
overpayments shall be credited to the Rent.
9. Insurance Requirements.
a. Proof of Insurance Required as Determined b)' Collier County Risk Management. Tenant shall
maintain insurance as outlined in Exhibit "B." Such insurance shall name the Authority as an additional
insured. This insurance shall have an aggregate limit as required to meet the then existing mandatOlY
requirements of the Collier County Risk Management Department. Tenant shall maintain coverage of all
improvements to the Premises. Such insurance shall always be with a company licensed and authorized to
conduct that insurance business in the State of FlOlida. The Tenant shall furnish annually to the Authority on
or before the anniversary of the Commencement Date of this Agreement, a certificate or other approved
written evidence and proof of maintenance of the above-required insurances. Tenant shall provide the
Authority with written notice of any change thereof, and furnish to the Authority evidence of acquirement of
a substitute therefore, and payment of the premium thereof. Each such notice must be received by the
AuthOlity not later than ten (10) days after each such change. If the Tenant fails to maintain all such
insurance coverage, then the Authority may obtain same and add all costs thereof to the total cost of such
insurance and bill the Tenant accordingly, this may include monthly or annual billing, determined by the
Authority, If the Authority does so, it shall charge and Tenant shall pay interest thereon at the rate of
fifteen percent (15%) per annum from the time of payment and shall be collected as an additional charge.
b. Construction Insurance. Tenant shall maintain and provide proof to the Authority of bonds,
construction insurance and/or all other insurance required by Collier County Risk Management
Department, which is set forth within Exhibit "B."
(Tenant's Initials)
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Immokalee Regional Airport Agenda Item NO.1 82
.. S LOb t\l..o..vember 14 2)06
TradePort Manufacturmg LIcense and ub- ease Agreement - cto er"Zuuo Page 6 0 29
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
c. Indemnify the Authority. Tenant shall save and hold harmless, indemnify and defend Collier County and
the Authority, their elected officials, their unelected officials, employees and agents, in their official and
individual capacities, of and from any and all liabilities, claims, losses, or damages arising out of, or alleged
to arise out of, or indirectly connected with the operations of the Tenant under this Agreement, and/or arising
out of the presence at the place of business, or improvements thereto, of any agent, guest, customer, supplier,
contractor or subcontractor of Tenant, unless such liabilities, claims, losses, or damages are caused by the
negligence or willful misconduct of Collier County or the Authority, their elected official, their unelected
officials, employees or agents, in their official and individual capacities. The amounts of insurance
maintained by the Tenant shall not be deemed a limitation on Tenant's agreement to indemnify Collier
County and the Authority. If Collier County and/or the Authority become liable for any of the same in an
amount in excess of the insurance, Tenant shall indemnify the Authority for the whole thereof.
d. Insurance Required as stated in Exhibit "B".
10. Rules and Regulations. All Activities conducted at the Airport will be done in adherence to the Authority's
Airport Policies and Procedures, the terms of this Agreement and any other then applicable Federal, State, County
and local Laws, Ordinances, Rules and Regulations.
a. Property Management: The Authority shall be the sole sub-lessor/lessor of Airport property and
facilities at the Airport. No individual or entity shall provide any property management services without
being authorized to do so by appropriate written agreement with the Authority.
11. Permitted Uses
a. Additional Uses Require Permission. The Tenant shall not use or permit the use of the Premises, andlor
any improvements thereto, for any purpose or use other than those expressly and specifically authorized by
this Agreement. Additional uses may be hereafter authorized by the Authority, but only upon such terms and
conditions as may be set out in such authorization, All changes to uses must be inserted into this Agreement
by Amendments to this Agreement. See Section 34, Exhibit "E." Tenant shall use the Premises solely for the
conduct of Tenant's business and not for any other purpose, activity or line of business whatsoever, without
the prior written approval of the Authority. Authorization may be denied for any reason in the sole and
absolute discretion of the Authority as long as this judgment is made on a good faith basis. Tenant
understands that a violation of this Section is a Material Default and may be considered by the Authority as a
breach of this Agreement. Tenant shall make no use of the Airport, which in any way interferes with the safe
conduct of the AirpOli, or any aircraft operation,
b. Commercial Use of Premises and Future Improvements. Tenant agrees to obtain written permission from
the Authority prior to commencing or permitting any commercial use of the Premises not specifically listed or
additional improvements thereto, in accordance with the then current Airport policies, code and/or standards.
The Tenant shall at all times maintain and pay for any required permits, licenses, insurances, and taxes as then
required by law,
c. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful performance of
such covenants, agreements and conditions required by law, andlor this Agreement, shall and may, peaceably
and quietly have and enjoy those portions of the Airport authorized for Tenant's use. Such use shall be free
from molestation, eviction or disturbance by the Authority or any person claiming by, through, or under it,
subject to the terms and conditions of the law or agreement entered into. Such quiet enjoyment is conditional
upon Tenant adheling to the conditions, provisions and terms set forth in this Agreement and without
limitation, all other laws, rules and lor regulations referred to anywhere in this Agreement.
12. Construction and Ownership ofImprovements, Liens, Mortgages and Other Encumbrances.
a. Site Development Plan. The Authority has applied for a Site Development Plan (SDP) from Collier County
for the development of a taxiway and a lake. This SDP does not identify any specific Premises or proposed
individual developments beyond the taxiway and lake. An amendment of the SDP specifying the Premises
and the proposed Tenant's improvements must be submitted to and approved by Collier County before
Tenant may begin development. This will require that each Tenant prepare and submit to the Authority, in the
manner and detail required by Collier County, information on its proposed development. The Authority will
use this information to amend the SDP. Once such requirements have been established, and communicated
in writing by the Authority to Tenant in the Site Development Plan Letter of Understanding (SDP LOU),
(Tenant's Initials)
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Immokalee Regional Airport Agenda Item NO.1 G2
TradePort Manufacturing License and Sub-Lease Agreement - Octobertto'(ftf11~~~~i ~bg~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Tenant's failure to submit such plans and specifications in the form or within the time required will be an
event of default in this Agreement allowing Authority to terminate this Agreement without recourse to
Tenant. The cost of all licenses and permits and any applicable impact fees relating to the Premises (not
already paid by the Authority) shall be at Tenant's expense.
b. Site Development Plan Letter of Understanding (SDP LOU). The SDP LOU outlines the submittal
process, performances and procedures as attached in Exhibit "c." By entering into this Agreement,
Tenant agrees to all terms and conditions of the SDP LOU,
c. Construction Approvals. Tenant shall diligently obtain any approvals required for the construction of
Tenant's improvement~ or any other improvements and shall commence construction promptly after all such
approvals have been obtained and diligently pursue the construction to completion. All such improvements
shall be constructed in strict accordance with the approved Tenant's plans and specifications (collectively, the
Tenant's Plans), prepared under the seal of a duly licensed in Florida architect or engineer, and all applicable
building codes, zoning regulations, and county, state, and federal laws, ordinances, rules and regulations
unless a written waiver or exemption has been obtained from the appropriate authority. Within ninety (90)
days after completion of construction of Tenant's improvements or any other improvements, Tenant shall, at
its expense, provide the Authority with record drawings showing the "as built" condition of any such
improvements. Tenant hereby warrants and covenants that all improvements now or hereafter erected on the
Premises shall be at all times free and clear of all liens, claims, and encumbrances arising in connection with
the construction of such improvements and hereby agrees to indemnify and hold the Authority and Collier
County harmless from and against any and all losses, damages, and costs, including reasonable attorneys'
fees relating to or arising out of any such lien, claim, or encumbrance. If any lien or notice of lien on account
of the alleged debt of Tenant (or any notice of contract by a party engaged by Tenant or Tenant's
contractor(s) to work on the Premises) shall be filed against the Premises, Tenant's interest therein or in any
improvements, then Tenant shall, within thirty (30) days after notice of the filing thereof, cause the same to be
discharged of record by payment, deposit, bond, order of a court of competent jurisdiction, or otherwise. No
work hereunder shall be commenced until Tenant has, at its sole cost and expense, provided to the Authority
from companies reasonably acceptable to the Authority and Authority's attomey: (I) a surety performance
bond for the benefit of Collier County and the Authority in a fmm prescribed by the Authority in an amount
equal to the total estimated cost of the work, which performance bond shall guarantee the prompt completion
of the work by Tenant in accordance with the approved Tenant's plans; (2) a surety payment bond for the
benefit of Tenant and in a form prescribed by the Authority and in an amount equal to the total estimated cost
of the work, which bond shall guarantee the payment by Tenant of all contractors and subcontractors (at every
tier) charges and the charges of all other persons and firms supplying services, labor, materials, or supplies in
connection with the work; and (3) a policy of builder's risk insurance issued upon terms acceptable to the
Authority. Notwithstanding the foregoing, the provisions of (1) and (2) above shall not be applicable to work
costing less than two hundred thousand dollars ($200,000.00) for which Tenant has obtained an express
written waiver of the bonding requirements from the Authority in advance of awarding a construction
contract for such work.
d. No Mechanics Liens, Nothing in this Agreement shall be deemed or construed in any way as constituting
the consent or request of the Authority, express or implied by reference or otherwise, to any architect,
engineer, surveyor, contractor, subcontractor (at every tier), laborer, materialman, supplier or mechanic for
the performance of any labor or the furnishing of any materials or services requested by Tenant for or in
connection with the Premises or any palt thereof. Notice is hereby given that neither Collier County nor the
Authority shall not be liable for any labor or materials or services fumished or to be furnished to Tenant upon
credit, and that no mechanics or other lien for labor, materials, supplies or services shall attach to or affect the
fee or reversionary or other estate or interest of the Authority in the Premises, in any improvements, or in this
Agreement. All Persons dealing with the Premises and with Tenant are hereby put on notice that Tenant does
not have the power to deal with the Premises in such a manner as to authorize the creation of mechanics liens,
by implication or otherwise and all Persons making improvements to the Premises, either by doing work or
labor or services or by supplying materials thereto, at the request of Tenant or Persons dealing by, through or
under Tenant, are hereby put on notice that they must look solely to Tenant and not to the Premises or any
part thereof or to any improvements, or to this Agreement for the payment of all services, labor, and materials
performed upon or delivered to the Premises. "Persons" refers to individuals and all entities.
(Tenant's Initials)
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Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master eopy 11-01-06.doe
Immokalee Regional Airport Agenda Item No.1 82
TradePort Manufacturing License and Sub-Lease Agreement - October~U'tf611~~I;~~ ~J~~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
e. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect to the
performance, commencement, or completion of any of the work to be performed by such party under this
Section if such failure to perform, commence, or complete any or all of such work is due to circumstances
beyond its control, such as, and not limited to, a strike, lockout, labor dispute, shortages of materials or labor,
fire or other casualty, litigation or governmental action or inaction, or delay or acts of war, including acts of
terrorism. For purposes of this Section the acts of a third party shall not be deemed to be within the control of
Authority, Collier County or Tenant unless Authority, Collier County or Tenant, respectively, authorized such
acts.
f. Trade Fixtures. Tenant may, from time to time, install, operate, repair, and replace any trade fixtures and
other lawfully present personal property on the Premises, all of which shall be and remain the property of
Tenant and may be removed at any time during the term hereof and within thirty (30) days after expiration or
earlier termination of the term hereof; provided, however, that, absent written approval to remove from the
Authority, Tenant shall not remove any such item while in default hereunder. Tenant shall, at its own cost
and expense, repair any damage to the Premises caused by such removal in a manner reasonably acceptable to
the Authority. Failure to remove trade fixtures or other personal property as provided herein shall not
constitute a holdover by Tenant, but all such property not removed within the time specified above shall be
deemed to have been abandoned by Tenant, in which case, the Authority may either use or dispose of the
same as it shall see fit without any liability to Tenant therefore or may remove and store the same at Tenant's
expenses. The temlS trade fixtures and other personal property shall not include (1) any item hereafter
installed or erected thereon by the Authority or at its expense or (2) any item affixed to the Premises or any
improvement which cannot be removed without material injul)' to the Premises or to any improvement,
whether or not installed by and at Tenant's expense,
g. Removal of Tenant's Property in the Event of a Default. If upon the expiration of the Lease Term hereof
or earlier tenllination of this Agreement, Tenant shaJl be in default hereunder, the Authority may, at its
option, give notice to Tenant that Tenant may, within fifteen (15) days after the date such notice is given,
remove its trade fixtures and other personal property, provided that such removal will not result in material
injul)' to the Premises or any improvement, and that Tenant shall at its expense repair any damage to the
Premises or any improvement caused by such removal in a manner acceptable to the Authority. In such
event, any trade fixtures or other personal property not so removed within such time period shall be deemed
to have been abandoned by Tenant, in which case the Authority may either use or dispose of the same as it
shall see fit without any liability to Tenant therefore or may remove and store the same at Tenant's expense.
h. Title to Improvements. Title to both the Authority's Improvements and to such of the Tenant's
improvements that do not constitute trade fixtures or other personal property shaJl be and vest in the Authority
upon the expiration or early ternlination of this Agreement. Tenant hereby covenants to promptly execute
and deliver to Authority any and aJl instruments or documents that Authority reasonably requests to
effectively transfer, assign, and convey such Improvements in fee to Authority.
i. Tenant's Improvements, Tenant will at its own expense, in the time prescribed in paragraph 9,p, of this
Agreement, make aJl of Ten ant's improvements listed on Exhibit "D" hereto. Tenant must complete building
according to approved plans and specification. Tenant has committed in Tenant's proposal to construct
20,000 square feet of improvements. Tenant's development dates can be extended in writing by the
Authority's Executive Director provided Tenant's written request for each requested extension proves that the
extension would not be necessary but for the authority's failure to act promptly or other breach of a clear duty
or clear responsibility of the Authority owed to Tenant.
j. Authority Approval Required. Tenant shall submit the Tenant's Plans to the Executive Director for
approval by the Authority. No construction of any type shaJl commence prior to Tenant's receipt of: (1) the
Authority's wlitten approval of the Tenant's Plans, which approval shall not be unreasonably withheld or
unreasonably delayed and (2) a "Notice to Proceed" from the Authority.
k. Unencumbered Title to Improvements. During the Agreement Term, title to all improvements existing or
constructed upon the Premises by or on behalf of Tenant are and shall be vested in Tenant. All liens anelloI'
(Tenant's Initials)
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lmmokalee Regional Airport Agenda Item No. 11 G2
TradePort Manufacturing License and Sub-Lease Agreement - October~U'(f6'1~~~~ ~ ~t g~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
other encumbrances (except mortgages(s)) placed upon the Premises due to actions and lor inactions of
Tenant, or through Tenant, shall by Tenant, be completely and absolutely removed as soon as possibly: and in
all events no mortgage, lien or any other encumbrance shall be upon this Agreement or upon any
improvement at the end of the Agreement Term of this Agreement. An "encumbrance" is anything that
results in Collier County receiving anything less than complete marketable title to all improvements and lor
anything less than a total and complete return of the Premises.
l. Proposed Improvements. The Tenant is required to construct improvements on the Premises in accordance
with all applicable Federal Aviation Administration Rules, Advisory Circulars, Design Standards, or other
governing and/or related regulations and codes. This specifically includes but is not limited to the submittal of
FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their review and
approval. A copy of which shall be submitted to the Authority upon submittal to the FAA and no later than
ninety (90) days after the Execution Date of this Agreement. A copy of the response or determination from
the FAA shall be provided to the Authority no later than ten (10) days after receipt from the FAA. The Tenant
is required to construct improvements on the Premises in accordance with all applicable Federal, State of
Florida, Collier County and local codes, permits, rules, and regulations, Tenant shall begin such process with
no less than proof to the Authority of submission of a building permit application to Collier County, not later
than sixty (60) days following approval of the Site Development Plan by Collier County.
m. Collier County Codes Apply. Tenant must meet Collier County standards as specified in all then applicable
Collier County Codes (Ordinances) for all design, planning, permitting, and construction activities, including
development or extension of infrastructure. In addition, Tenant, at no cost or expense to Collier County
and/or the Authority, shall pave all access from the Premises, and/or any and all improvements thereto, to
roads, and such construction shall match the existing grade.
n. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted shall not
constitute the assumption of any liability by the Authority for the compliance or conformity of the Tenant's
Plans with applicable building codes, zoning regulations, or municipal, county, state, and federal laws,
ordinances, and regulations, or for their accuracy or suitability for Tenant's intended purpose. Tenant shall
be solely responsible for Tenant's Plans, and the AuthOlity's approval of the Tenant's Plans shall not
constitute a waiver of the Authority's right thereafter to require Tenant, at Tenant's expense, to amend the
same so that they comply with applicable building codes, zoning regulations, municipal, county, state, or
federal laws, ordinances, or regulations, and to make such construction changes as are necessary so that the
completed work is in conformity with the amended Tenant's Plans. In the event the Authority refuses to
approve Tenant's Plans, the Authority shall notify Tenant of the changes required to be made, and Tenant
may revise Tenant's Plans to incorporate the required changes and then resubmit revised Tenant's Plans to
the Authority for approval. The Authority shall attempt to reply in writing to Tenant's submitted Plans
within forty-five (45) days after Authority's receipt of the submitted Plans, regarding Authority's approval,
approval subject to required changes, or other response to Tenant regarding Tenant's submitted Plans.
Tenant shall always be granted a reasonable time to make the required amendments or otherwise comply
with the Authority's respective written response to Tenant.
o. No Liability Regarding Permitting or Other Authorization. Neither Collier County nor the Authority, nor
any officer, employee representative of agent of either, shall be liable in any way whatsoever for any
developmental pennitting and/or any other pemlitting, pemlission or other authorization that is not completed
to the desires of Tenant for any reason whatsoever, including and not limited to financial restraint(s),
management, seen andlor unforeseen obstructions and/or delays, and/or any natural disaster(s) and/or any
other circumstances whether or not under the control of Collier County and/or the Authority, and/or any now
existing, new, amended and/or superseding Florida law(s)and/or Federal law(s), State and/or Federal
mandates, rules, regulations related directly or indirectly to any and all such permitting, mitigation or any
other reason that does or may impede and/or delay Tenant from fulfilling its obligation to this Agreement.
p. Additional Improvements Constructed During the Initial Agreement Term or Extended Term. Tenant
may be authorized by the Authority in writing by paragraph 30. "Special Provisions" to construct additional
improvements or modifications at a later date, adhering to the requirements of those codes, rules and
regulations then in effect for the Collier County Airport.
13. Condition, Maintenance and Repairs of Leasehold and Improvements Thereto.
Page 7
(Tenant's Initials)
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Immokalee Regional Airport Agenda Item NO.1 G2
TradePort Manufacturing License and Sub-Lease Agreement - Octobe/:Z{)~~~~ \'6 ~b~g
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
a. Tenant Shall Maintain. Tenant shall maintain, at its own expense, the Premises and any improvements,
fixtures or equipment on the Premises in a safe, sanitary, orderly, and sightly manner, in accordance with all
applicable codes and regulations, Tenant shall also maintain the cleanliness of all paved area on the Premises,
and shall be responsible for mowing all grass, watering lawns, controlling weeds, and maintaining shrubs and
trees on the Premises,
b. Condition of Premises. No Representations or Warranties. The Tenant has inspected the Premises and
agrees that the Premises are suitable for Tenant's proposed use. Tenant acknowledges that except as expressly
set forth in this Agreement, Authority has made no representations or warranties relating to the suitability of
the Premises for any use, The Authority shall have no obligation what~oever to repair, maintain, renovate, or
otherwise incur any cost or expense with respect to the Premises or any of the Authority's Improvements,
fumishings or equipment now or hereafter constructed, installed, or used on the Premises. The Authority
shall have no liability to Tenant arising out of any defect or deficiency in the Premises or any of Authority's
Improvements.
c. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind erosion is
present, Tenant must promptly carry out erosion control practices to mitigate the erosion, These practices
include, but are not limited to, drainage facilities constructed and maintained by Tenant, landscaping, and/or
seeding and maintaining of vegetation on Tenant's Premises. Tenant is responsible for erosion of Tenant's
site only, unless some unauthorized, un-pem1itted Premises alteration results in erosion onto any neighb01ing
site or land. "Neighboring" is not limited to "adjacent" site or land.
d. Repair of Damage. If the Premises, and/or improvements thereto is partially destroyed or damaged by fire
or any other casualty, then Tenant shall repair all such destruction and/or damages as soon as it is reasonably
practicable. Such repair or restoration shall commence not later six (6) months after such damage, and shall
be completed within nine (9) months thereafter, if reasonably possible. Such restoration shall be to
substantially the same condition in which the Premises or improvements thereto was before such destruction
and/or damage. In the event that Tenant has not commenced repairs within six (6) months from the date of
said damage and thereafter completed such repairs within nine (9) months or a reasonable time thereafter
when conditions permit, this Agreement may be tem1inated by the Authority or Collier County upon ninety
(90) days actual notice of Intent to Terminate provided by the Authority to the Tenant. Tenant shall have
fourteen (14) days after receipt of same to deliver Tenant's response to the Authority. If no such response is
delivered to the Authority within fourteen (14) days, or if response is not deemed to be acceptable to the
Auth01ity, then such termination shall be made effective by delivering a Final Telmination Notice to Tenant,
which shall be effective fourteen (14) days after the date of receipt of such Final Termination Notice by the
Tenant. Total repair of damage by Tenant may be waived in writing by the Authority if Tenant and Auth01ity
agree that total repair is not economically feasible under the circumstances. The Parties may also agree to
Tenant's partial repairs of the damage.
e. Destruction of the Premises or Improvements Thereto. In the event the Premises, or improvements
thereto is completely destroyed or so badly damaged that repairs cannot be commenced within six (6)
months and completed within nine (9) months thereafter, then this Agreement may be telminated. Tenant
shall provide to the Authority written notice of Tenant's intent, either not to rebuild, or of Tenant's intent to
rebuild together with statements from all insurance companies involved, in which event if the Authority
agrees to Tenant's planned rebuilding, Tenant shall be granted reasonable periods of time needed to rebuild.
f. Installation and Maintenance of Utilities. Collier County warrants that all utilities which are necessary for
the conduct of Tenant's activities are available on Airp0l1 property. However, Tenant shall obtain and install
underground at its own expense any necessary electrical, gas, water, sewer and any other utility service,
subject to the then current development guidelines, rules and regulations and/or building code of the State of
Florida and/or Collier County and/or the Authority. Tenant shall promptly notifY the Authority of the release
of any hazardous substances on the Premises or other act or omission that results in the environmental
contamination of the Premises.
g. Compliance with Environmental Laws, Tenant shall comply with all applicable Environmental Laws
pertaining to the protection of the environment, including but not limited to those regulating the possession,
storage, handling, and disposal of Hazardous Materials, Further, neither Tenant nor any agent or party acting
at the direction or with the consent of Tenant shall possess, use, transport, treat, store, or dispose of any
hazardous substance as defined in Section 101(14) of the Comprehensive Environmental Response,
(Tenant's Initials)
Page
8
Y :11 mmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master eopy 11-0 1-06.doc
Immokalee Regional Airport Agenda Item No.1 G2
TradePort Manufacturing License and Sub-Lease Agreement - Octobe/2U'tf6~~~~ \41 ~b~~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Compensation and Liability Act of 1980, as amended from time to time (CERCLA), or petroleum (including
crude oil or any fraction thereof) on any part of the Premises or the Airport; provided however, that this
sentence shall not prohibit Tenant from storing, dispensing, or using Hazardous Materials on such Premises if
such activities are conducted in accordance with all applicable laws and regulations. Tenant shall not install
any petroleum storage tanks on the Premises or the Airport without the prior written consent of the Authority.
h. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials subject to
regulation by the EPA, or by Florida Department of Environmental Protection, or by any other
governmental Authority shall be stored or disposed of on the Airport except in accordance with
applicable Federal, State and local laws, rules and Regulations.
i. Environmental Assessment and Remediation. The costs of remediation of any and all environmental
damage or pollution then required by any law, rule and/or regulation shall be the sole responsibility of the
Tenant, any or all such damage and/or pollution existed prior to the execution of this Agreement. The
Authority may for good cause require that Tenant fumish to the Authority (or to any other governmental
authority or agency) a Phase I Environmental Assessment Report regarding the Premises, in accordance with
the laws, codes and regulations in effect at that time. Neither Collier County nor the Authority makes any
promises, warranties or representations regarding any such now existing damage or pollution except that
neither Collier County nor the Authority is aware of any such now existing damage and/or pollution. The
Authority recommends that the Tenant have a Phase I Environmental Assessment conducted because neither
Collier County nor the Authority shall have any responsibility with regard to now existing ground pollution at
the Premises, if any, and the Tenant hereby assumes all of those risks. If the Assessment should show that it
would not be advisable that Tenant make improvement to the Premises, that Report can be grounds that the
parties mutually agree to terminate this Agreement due to such pollution, or may be a basis for the parties to
mutually agree to try to resolve such pollution problems whereby Tenant can reasonably proceed to make
improvements to the Premises.
j. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs; including approval
for a County Sign Permit(s). The Tenant shall be responsible for all cost and expense of maintaining all
such signs. Tenant shall not erect, paint or maintain any temporary signs or advertising displays, such as
banners, balloons, flashing signboards, andlor any similar visual devices whatsoever, except to the extent
that such are then authorized by County Code and by the Authority.
k. Failure to Comply. Tenant shall always be granted reasonable time to cure defaults, If the Tenant fails to
correct the default(s) as specified by the Authority's notice within the specified period, the Authority may, at
its option, terminate this Agreement with at least thirty day (30) written notice trom the Authority of such
termination. Upon such termination, without further notice or demand, the Authority may enter upon and
into the Premises, and lor any and all improvements thereto, or any part thereof, and take absolute possession
of the same fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful
access whatsoever. In addition, the Authority may also require all operations and or activities to cease and be
removed from the Airport.
14. Permits and Taxes, Laws and Authority.
a. Permits and Taxes. Tenant shall pay when due all then applicable taxes, special assessment~, excises, license
fees and permit fees of whatever nature applicable to it~ operation levied or assessed against the Airport, or
improvements thereto. Tenant shall take out and keep current all licenses, permits, and certificates (City,
County, State and Federal) required for the conduct of it~ activities at and upon the AirpOlt, and further agrees
not to permit any of said taxes, excise or license fees to knowingly become delinquent.
b. Laws. Tenant at its own expense, and at no expense to either Collier County and lor the Authority, shall fully
comply with all laws, regulations, rules, ordinances, and requirements of the applicable City, County, State
and Federal authorities and agencies which affect this Agreement, the land granted by this Agreement, any
improvements upon the Premises, and/or operations thereon. Such compliance shall be with any laws,
regulations, rules, ordinances or requirements, which have been or may be enacted or promulgated during the
effective period of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of
the same as specified in the respective law, regulation, rule, ordinance, or other requirement.
c. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to take those
necessary and legal actions required to safeguard any person, entity, aircraft, equipment and/or property at the
(Tenant's Initials)
Page
9
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master eopy 11-01-06.doc
Immokalee Regional Airport Agenda Item NO.1 G2
." . 0 Il.Lr.l..vember 14 2 06
TradePort Manufacturmg License and Sub-Lease Agreement - ctober",LUuOPage 12 0 29
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Airport and or reasonably adjacent to the airport. Tenant agrees to abide by every suspension, restriction,
and/or designation of specific procedures applicable to any or all Airport operations whenever the Authority
or its designees, or any other governmental authority or agency (such as the FAA) may impose any of the
same.
15. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or delegate any right or
duty granted by this Agreement, nor the Premises, including improvements constructed or occupied in accordance
with this Agreement, All of the same shall be void ab initio absent prior express written consent of the Authority,
which consent shall not be unreasonably withheld. The Authority may condition such consent upon an increase in
the Rent up to the then existing fair market value, and may require other conditions or covenants before consenting
to any of the same. Such additional Rent, conditions or covenants shall be in accord with the terms and conditions
for similar agreements in effect at the Airport at the relevant time(s). If this Agreement is assigned, sub-subleased,
or otherwise transferred or delegated, all clauses herein binding the parties hereto are also binding on any and all
successors and/or assigns, unless specifically authorized in writing by the Authority. No novation shall be
authorized unless expressly approved by the Authority and Tenant shall have a heavy burden proving actual
necessity for any partial or whole novation.
16. Default and Termination.
Definition. If the Authority determines the Tenant is in violation of any of the terms, conditions or covenants of this
Agreement, or the Tenant fails to pay, any Rent, fee or charge when due, any such failures shall be considered a material
default of this Agreement Each Material Default grants to the non-defaulting party sufficient cause to terminate this
Agreement.
a. Written Notice Required. The Authority' Executive Director shall provide the Tenant with written notice of
any determination of default provided Tenant ha~ then informed, in writing, the Authority's Executive
Director of Tenant's then correct mailing address. The written notice shall always grant Tenant a reasonable
time to cure the default(s), and Tenant may request additional time to cure, which will not be unreasonably
withheld or denied, Notice shall be deemed to have been actually received by Tenant if (1) the Executive
Director mails such notice to the Tenant's last known mailing address irrespective of whether Tenant actually
receives such notice, or (2) such notice is posted on the Premises. This notice provision does not apply to any
late payment of a Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore
known to Tenant. Every such notice shall be deemed to be continuing notice. This subparagraph is in addition
to paragraph 29,
b. Compliance Time. Except as stated elsewhere in this Agreement regarding the respective specific default,
Tenant shall then have ten (10) working days to cure or remedy said default or otherwise comply with any
demand contained within such written notice which cures or remedies the default, provided, however, if such
failure cannot be corrected within that period, it shall not constitute a Default if the failure is susceptible to
being corrected and if the Tenant initiates curative action within that period and diligently pursues it until the
Tenant corrects the failure within a reasonable period of time. This notice provision does not apply to any
late payment of any Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore
known to Tenant. Every such notice shall be deemed to be a continuing notice. This subparagraph is in
addition to paragraph 29.
c. Failure to Comply. If the Tenant fails to correct the default(s) as specified by the Authority's notice within
the specified period, the Authority may, at its option, terminate this Agreement with a thirty day (30) written
notice to terminate. Upon such termination, without further notice or demand, the Authority may enter upon
and into the Premises, and lor any and all improvements thereto, or any part thereof, and take absolute
possession of the same fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry
or unlawful access whatsoever. In addition, the Authority may also require all operations and or activities to
cease and be removed from the Airport.
d. Non-Waiver of Rights. Continued performance by either party hereto pursuant to any provision of this
Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this
Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver
of any subsequent default irrespective of how long the default may have existed,
(Tenant's Initials)
Page 10
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Immokalee Regional Airport Agenda Item No.1 G2
TradePort Manufacturing License and Sub-Lease Agreement - October~1()~~~~ \j ~p~~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
e. Agreement Remains Binding. All provisions of this Agreement remain binding upon the Tenant while the
Tenant is in default, and if this Agreement is terminated due to default by Tenant.
17. Airport Development. The Authority reserves the right to further develop the Airport as it sees fit, without
unreasonable interference or hindrance from Tenant.
a. Partial Relocation, Removal and/or Alteration. If development of the Airport actually necessitates the
partial relocation, partial removal or partial alteration of Tenant's improvements, operations or activities from
the Premises, Collier County may amend this Agreement or, if necessary, terminate this Agreement and
negotiate in good faith with Tenant to accommodate Tenant's desires regarding another then existing and
available suitable premises at the Airport. To the greatest extent commercially practicable, Collier County
and the Authority will use their best efforts to avoid or reduce any and all such necessity. Tenant shall be
granted full or partial abatement of rent to the extent Tenant's activities are harmed by such development
b. Notice of Partial or Total Taking. In the case ofa total taking by Collier County of the areas authorized for
use by this Agreement, the Authority will provide Tenant with notice as soon as possible - minimum of
ninety (90) days notice - of such impending action. In the event of such a total taking, Tenant's obligation to
pay Rent and other charges shall tenninate on the date of the taking.
c. Actions in the Event of Total Taking. In the case of a total taking, both parties hereto agree that the value
of this Agreement shall be declared to be zero dollars ($0.00). The then current original cost depreciated
value ("FMV") of Tenant's Building and/or Tenant's other improvements will be determined by two
independent appraisals (one retained and paid for by Authority and the other retained and paid for by Tenant.
To the greatest extent than allowed by law, Tenant shall be paid the average of those two (2) appraisals
provided the two (2) appraised values are within twenty percent (20% of each other. If not, a third appraisal
shall be acquired and the costs of the third appraisal shall be shared equally by Authority and Tenant. If a
third appraisal is acquired, its appraised value shall control the FMV provided its appraised value does not
exceed the highest appraised value of the other two (2) appraisals. It the third appraisal exceeds the highest of
the other two appraisals, the controlling value shall be the average of the three (3) appraisals. The value of
the Building will be determined by an independent appraisal at the then existing Fair Market Value. The
Tenant will have the option of receiving the then existing FMV of the building or sub-leasing a similar then
existing and then available building, if any, at another site and entering into a new agreement at the land lease
rate equal to the temlS of this Agreement and then existing Fair Market Value of the other building.
18. Amendments to this Agreement or Exhibits. Neither this Agreement nor any Exhibit shall be altered, changed
or amended except by an amendment properly executed by the Authority and Tenant.
19. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of
competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause
or provision, which shall remain in full force and effect.
20. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground operations on and above
the surface of the Airport, when conducted in accordance with the then existing Federal Aviation Regulations,
together with the right to cause such noise, odors and other disturbances as may be inherent in such operation.
21. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil, hydrocarbon and
mineral rights in and under the surface of the Airport. However, the Authority shall not conduct any operations on
the surface of the Airport for the exploration, development or recovery of the rights and substances reserved which
would unreasonably interfere with the Tenant's authorized use of the Premises and/or Tenant's other then existing
rights to have access to other parts of the Airport.
22. Easements and Right of Way.
a. Existing Easements. This Agreement is subject to all existing right-of-ways and/or easements of record and
all other easements granted by the Authority or Collier County to any other agreements or to other individuals
and/or entities at the Airport, and to easements retained by Collier County.
b. Authority's Right to Use Existing Easements. The Authority and Collier County retain the right to locate
utilities as necessary on existing and future utility easements on the Airport provided the same does not
unreasonably interfere with authorized operations and /01' authorized activities of Ten ant.
(Tenant's Initials)
Page 11
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy II-OI-06.doc
Immokalee Regional Airport Agenda Item No. 1 G2
. .. t\.ko.vember 14 2D06
TradePort Manufacturmg License and Sub-Lease Agreement - OctoberlUUOpage 140 29
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airport open and
unobstructed. A perpetual easement and right-of-way for the construction, maintenance, removal and
replacement of any and all utility lines, manholes, and related facilities through, over, across and under the
Airport is hereby reserved for the benefit of the Airport, Collier County and the Authority.
d. Authority's Right to Establish Easements. Collier County and or the Authority may at any time and from
time-to-time relocate, in whole or in part, any easement serving the Airport, provided that such relocation
does not diminish or permanently interrupt the rights or operations of the Tenant nor increase the cost~ to be
incurred by Tenant. The Authority may temporarily interrupt operations and/or activities with respect to such
Easements during the period of relocation, and the Authority agrees to restore the Airport to a condition
substantially similar to the condition existing prior to any alterations thereto by the Authority. No such
interruptions shall be of a greater duration than is reasonable under the circumstances,
e. Authority's Right to Protect Aerial Approaches. The Authority reserves the right to take such action as, in
the judgment of the Authority, may be reasonably necessary to establish and protect aerial approaches to the
Airport against obstruction, including the right to prevent persons from erecting or pern1itting to be erected
any improvements on the Airport which would constitute a hazard to aircraft. This includes Florida law,
including Chapters 332 and 333, Florida Statutes, as now exist or may be amended and/or superseded, and all
then existing, applicable Federal laws, rules and regulations.
23. Security and Safety. Tenant will fully and freely participate in the Authority's security and safety programs as
they relate to the Airport.
24. Airport Access. Subject to the rules and regulations established from time-to-time by the Authority, the Tenant
has the right of free access, ingress to and egress from those parts of the Airport authOlized for the Tenant's use by
this Agreement. Such access also applies to the Tenant's employees, agents, patrons and invitees, its suppliers of
materials and furnishings of services and its equipment, vehicles, and machinery. The Authority may, at any time,
temporarily or pelmanently close or consent to the closing of any roadway or other right-of-way for such access,
ingress, and any other area at the Airport or in its environs presently or hereafter used as such. In such a case, a
means of access, ingress and egress reasonably equivalent to that formerly provided may be substituted and
concurrently made available subject to the Airports security and operational needs.
25. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that it shall have no claims
whatsoever against the Authority for any damages incurred by Tenant or any other person arising or occasioned by
Tenant's inability to access or use the Premises or Tenant's improvements thereon, for whatever reason, provided
such inability to access is caused solely by wholly unjustified action or wholly unjustified inaction of the Authority.
Tenant agrees that its sole remedy against the Authority for loss of use of the Premises and Tenant's
improvements, regardless of the reason for such loss of use or the duration thereof, shall be an abatement of the
Rent due hereunder, or cancellation of the term of this Agreement and reimbursement for the Fair Market Value of
the improvements as detern1ined by an independent appraiser. If such inability to access or use the Premises or
Tenant's improvements thereon was the fault of the AuthOlity and such period exceeds thirty (30) days, the parties
agree that the Term of this Agreement shall be extended by the number of days that Tenant was unable to access or
use the Premises or Tenant's improvements,
26. Authority's Right to Enter. The Authority, its officers, agent~ and representatives, subject to any security
regulations imposed by any govemmenta] authority, shall have the right to enter all parts of the Premises at
reasonable hours when Tenant or Tenant's representative is present, to inspect the same when reasonably required
and as it may deem necessary or desirable,
27. Operational Reports. At not cost to the Authority, Tenant agrees to submit to the Authority, upon written request
by the Authority any report or reports and/or information regarding Tenant's operations and/or activities at the
Airport. The Authority agrees to receive from Tenant, upon request by Tenant, any reports the Tenant deems
appropriate for the purpose of keeping the Authority informed of any operational problems and of any suggested
improvements at the Airport, "Report" or "information" refers to documents, papers, plans, etc, that are in the
possession of Tenant or possession of which is reasonably obtainable by Tenant. This provision does not require
Tenant to write or compose any such Report or information.
28. Automobiles and Other Vehicles. The Authority reserves the exclusive right to control, by security gate, uniform
driving regulations, or otherwise, all vehicular ingress and egress to, and operations on, the aircraft operating areas
including but not limited to all taxiways, runways and ramp areas on the Airport.
(Tenant's Initials)
Page 12
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Immokalee Reoional Airport Agenda Item No. 1G2
TradePort Manufacturing License. and'" Sub-Lease Agreement - October~'tf6~~~~ \~ ~b~~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
29. Attorney's Fees. Authority and Tenant agree that if either is found by a court to have breached this Agreement,
reasonable attomey's fees and all costs (expenses) of litigation, including all appeals, remands, etc., witness fees
and costs, expert witness fees and costs, etc., shall not be recoverable from the losing party or otherwise. Each
party shall be responsible for all of it" costs and fees.
30. Subordinate Clause. This Agreement is and shall be subject and subordinate to the provisions of any existing or
future agreement, ordinance or other action between the Authority and Collier County and/or any Boards,
Agencies, or Commissions relative to the ownership, operation or maintenance of the Airport. However unless the
Authority has no discretion, the same shall be applied to the Tenant only to the extent same do not unreasonably
interfere with the authorized operations and/or authorized activities of Tenant. The burdens of proof and persuasion
shall be on the Tenant.
31. Termination of Agreement. At the conclusion of the Agreement's Term, the facility and any improvements to
the Premises automatically becomes the property of Collier County upon such termination, and without further
notice or demand the Authority may enter upon and into the Premises, which includes all improvements thereto, or
any part thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be
deemed to constitute any trespass or any other unauthorized entry. In addition, the Authority may also require all
associated and pemlitted operations to cease and be removed from the Premises. This paragraph shall not apply to
Tenant's trade fixtures and/or Tenant's equipment provided each of the same can be physically removed by Tenant
without physical damage to the Premises. building and/or stmcture, and each item is removed from the Premises
prior to a scheduled Termination date of this Agreement. If the Termination date of this Agreement is not
scheduled (not known to Tenant unless and until Tenant receives wl;tten Notice of the Termination date from the
Authority's Executive director), Tenant shall have thirty (30) days to remove the items after the date of Tenant's
receipt of such Notice.
32. Event of Holding Over. Holding over constitutes an Extension of the T eml of this Agreement. In the event the
Authority approves in writing any holding over by the Tenant, all provisions of this Agreement shall remain in full
force and effect and the Tenant shall continue to pay all amounts required to be paid by it to the Auth01ity in
accordance with the teons and conditions applicable herein together with a fair market rental on any improvements
located thereon to the end of the Tenant's occupancy or until such time as a new Sub-lease is negotiated or the
tenancy at will is ternlinated by the Authority.
33. Special Provisions. Original Exhibit "E," lists the Special Part Two Provisions, if any. (If there are "None,"
specifY "NONE.) All amendments to this Agreement and/or any other Exhibit shall be depicted on the
applicable Revised Exhibit "E," including text of each amendment and the effective date. If the amendment
amends text that then exists in this Agreement (or in another Exhibit) shall be depicted by strike-thrus and
underline format. If the amendment only inserts new text into this Agreement (or into another Exhibit), the
amendment shall clearly specify all added text. The purpose of these Exhibits "E" is to facilitate understanding
how this Agreement differs from the Authority's Part Two Standard Form Sub-lease as of the Execution Date.
The purpose of Revised Exhibits "E" is to make a comprehensive and cumulative history of all amendments to
this Agreement. Each party to each Revised Exhibit "E" must affix his/her initials and date of affixing initials
to each page of each Revised Exhibit E.
34. Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as applicable, Federal Laws.
35. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding this Agreement
shall be conducted in the applicable Florida Court(s) in Collier County to the greatest extend the issues are
within the Court's jurisdiction.
36. Legal Advice. Each party to this Agreement has relied upon legal advice from its own attorney and, therefore,
nothing in this Agreement shall be construed against any part.
37. Cooperation. Collier County, the Authority and Tenant agree to fully cooperate in good faith regarding this
Agreement and otherwise; and
38. Time is of the Essence. Through this Agreement, time is always of the essence.
39. Exhibits. Exhibit" A, B, C, C, and E attached and made part of this Agreement:
(Tenant's Initials)
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Immokalee Regional Airport Agenda Item No. 182
TradePort Manufacturing License and Sub-Lease Agreement - Octobert~ro~~~~~ \ci ~b~~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
A. EXHIBIT "A": LEGAL DESCRIPTION OF PREMISES.
B. EXlllBIT "B" RISK MANAGEMENT AND INSURANCE REQUIREMENTS.
C. EXHIBIT "c" SITE DEVELOPMENT PLAN LETTER OF UNDERSTANDING (SDP LOU)
D. EXHIBIT "D" TENANT'S PROPOSED IMPROVEMENTS
E. EXHIBIT "E" SPECIAL PROVISIONS (AND FUTURE AMENDMENTS)
IN WITNESS WHEREOF, The Collier County Airport Authority and Tenant have executed this Agreement to be in
effect as of the date first written below.
Executed on this date
Approved by Purchasing by
this _ day of
Approved by Risk Management by
this _ day of
ATTEST: TWO WITNESSES
COLLIER COUNTY AIRPORT AUTHORITY
By:
Stephen L. Price, Chairman
FIRST WITNESS
Print Name
SECOND WITNESS
Print Name
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
Chainnan
Approved as to form
and legal sufficiency:
Thomas C. Palmer,
Assistant County Attomey
A TTEST: TWO WITNESSES
SALAZAR MACHINE & STEEL, INC., LLC
By:
Pete Salazar, President
FIRST WITNESS
Page 14
(Tenant's Initials)
Y:\Immokalee Regional Airport\Lcascs\Salazal'\Salazar Lease -master copy 11-01-06.doc
Immokalee Regional Airport Agenda Item No.1 tiiG2
TradePort Manufacturing License and Sub-Lease Agreement - Octobertto~~~~ \i; ~~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
(Corporate Seal)
Print Name
SECOND WITNESS
Print Name
Page 15
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-01-06.doc
Immokalee Regional Airport Agenda Item r\lo. 1 82
TradePort Manufacturing License and Sub-Lease Agreement - Octobe/11>~~~~ \ri ~bg~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "A"
Survey of sub-leased area to reflect 65,340 square feet ofland.
Tenant must provide a survey within thirty (30) days of executing this Agreement.
Final approval of the survey is subject to written approval by the Authority.
(Tenant's Initials)
Page 16
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy]] -0 1-06.doc
Immokalee Regional Airport Agenda Item NO.1 G2
. . A 0 1\La.,\if'~ber 14 2P06
TradePort Manufacturmg LIcense and Sub-Lease greement - ctober'zuuOPage 19 0 29
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
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Exhibit "A"
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LEASE. CORNER
COORDINATES
N759332.317
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The dr:riclI.:d Boundary Area represent'> the approximate :'lhapc Ilnd extent'> of n proposed Lease Area
containing a total or 1.5 acres oflnnd.
each LCJse Corner is denoted \\'ith a North and East coordinrne value representing the North and
East StlJIC Plnnc Coordinate (SPC) yaJue. Florid:.! East Zone (090 I), hascd on the Nonh AmericCln
l1atum of J 983 (NAD 83) :md is tied intn NGS Primory AirportCnntrol Stolion, (l'ACS)
IMMOI'ORT and IMMOPORT AZIMIJfH MARK hnving the SPC values as follows:
~
Pill #
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300
IAlMOI'ORT
AD 793R
76/.29./.2]
IMMOI'ORT AZ A1K
AD 7906
764.612.117
~ IMMOKALEE REGIONAL AIRPORT
~
I:i Immokalee, Florida
i URS
/'
(Tenant's Initials)
EXHIBIT "A"
PRELIMINARY SITE PLAN
SALAZAR LEASE AREA
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-01-06.doc
FASTING
523.828.98
523. 738.0.1
6
Page 17
Immokalee Regional Airport Agenda Item NO.1 iG2
TradePort Manufacturing License and Sub-Lease Agreement - Octobe/2'U'tf6~~~~ 12cl ~b~~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "B"
Collier County Risk Management Insurance Requirements
(Tenant's Initials)
Page 18
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy II-OI-06.doc
Agenda Item No. 16G2
I k I R. I Ai l'JovemU81' 14, L 06
mmo a ee eglOna rport Page 21 0 29
TradePort Manufacturing License and Sub-Lease Agreement - October 2006
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
&>"'~l\~lIAI>(I",.,,,,
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EXIHBIT "B"
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Check)
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X Employer's Liability $500,000 X $1,000,000
Commercial General $500,000 per occurrence $1,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damage dama~e
X Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence
bodily injury and property bodily injury and property
damaqe dama~e
X Property Insurance X Replacement Cost- All Risks of loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
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
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceDtable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests may appear.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport liability where required.
FORM 8- lease of land and Facilities/High Hazard or long Term/Aviation Related
Page 19
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Salazar\Salazar Lease -master copy 11-01-06,doe
^ "J.t-, Jf C_"'"'
Immokalee Regional Airport . ~ Nove;;b~r';4, 2C10E
TradePort Manufacturing License and Sub-Lease Agreement - October 200()page 22 of 2~
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "C"
SITE DEVELOPMENT PLAN
LETTER OF UNDERSTANDING (SDP LOU)
Page 20
(Tenant's Initials)
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy 11-01-06.doc
~~.-l !.t- ~ ,I, "'''"'r-
':::1""" i' '-' I ~ j 11 '-"., U......
Immokalee Regional Airport November 14, 20m
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 23 of 2c
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
LETTER OF UNDERSTANDING
BY AND BETWEEN SALAZAR MACHINE & STEEL, INC.
AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR THE
COORDINATION, SUBMITTAL, REVIEW AND RESPONSE OF THE SITE
DEVELOPMENT PLAN PROCESS FOR A 20,000 SQUARE FOOT
MANUFACTURING/WAREHOUSE FACILITY DEVELOPMENT AT THE
IMMOKALEE REGIONAL AIRPORT/TRADEPORT
PURPOSE: The purpose of this Letter of Understanding ("LOU") is to set forth, define, and establish
mutual agreements, understandings and obligations by and between the Collier County Airport
Authority ("Authority") and Salazar Machine & Steel, Inc. for the coordination, submittal, review and
response of the Site Development Plan ("SDP") process for a 20,000 square foot manufacturing/
warehouse facility at the Immokalee Regional AirportlTradeport ("Airport").
SALAZAR MACHINE & STEEL. INC submitted a response to a Request for Proposal for
development at the Immokalee Regional Airport to sub-lease one and one-half (1.5) acres of land at the
Airport and to develop thereon a 20,000 square foot manufacturing/warehouse facility.
THE COLLIER COUNTY AIRPORT AUTHORITY is a Public Body existing under Collier
County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1, Naples,
Florida, 34l 14. The Authority is charged with the operation and maintenance of the Airport.
Now, therefore, it is hereby agreed as follows:
1. Tenant will enter into and execute a sub-lease agreement between the Authority and Tenant
within forty-five (45) days of the execution of the LOU.
2. Tenant will submit to the Authority two (2) copies of the dimensions; height and footprint for
the proposed 20,000 square foot facility, within thirty (30) days ofthis LOU.
3. Tenant shall coordinate all SDPs, submittals, and responses with the Authority and the
Authority's designated Engineer, URS, whose contact infonnation is as follows:
Andres Guitienez
URS Corporation
7650 Corporate Center Drive, Ste 400
Miami, FL 33126-1220
Tel: 305-262-7466
Fax: 305-261-4017
Andres ~utierrez((/urscorn.com
(Tenant's Initials)
Page 21
Y:llmmokalee Regional AirportlLeaseslSalazarlSalazar Lease -master copy II-OI-06.doe
,.... t\,.... .-tr-,.-.-<"')
. Immokalee Regional Airport '::1~N;;ember 14, 200E
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 24 of 2c
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
4. The Authority and/or the Authority's designated Engineer will coordinate the Phase I
Environmental Report for the referenced sub-leasehold Premises. Tenant will reimburse the
Authority and/or the Authority's designated Engineer for Phase I Environmental Report at a not
to exceed amount of $3500.00.
5. The Authority and/or the Authority's designated Engineer will submit a Federal Aviation
Administration Form 7460-2 "Notice of Actual Construction or Alteration" within thirty (30)
days of the receipt of the dimensions; height and footprint for the proposed 20,000 square foot
facility.
6. Tenant shall submit a complete SDP application package to include plans and specifications in
the form required by the Collier County Community Development and Environmental Services
Department (CDES) with the required number of copies to the Authority and/or the Authority's
designated Engineer within ninety (90) days of the execution date of this LOU.
7. The Authority and/or the Authority's designated Engineer will apply to the South Florida
Water Management District ("SFWMD") for a modification to the Authority's SFWMD permit
#11-00999-S dated April 192005, for the proposed development at the lmmokalee Regional
Airport within thirty (30) days of the receipt of the SDP from the Tenant.
8. All other required submittals for the SDP process shall be submitted within the required
timelines requested by the Authority and/or the Authority's designated Engineer and CDES.
9. Upon initial review of the amended SDP submitted to CDES all comments must be addressed
by the Tenant within ten (10) days of the first (1 st) review response and returned to the
Authority and/or the Authority's designated Engineer for resubmittal. Any comments not
completely addressed within the ten (10) days by the Tenant will be cause for Tenant's project
to be removed from the SDP process.
10. Upon second (2nd) review if the Amendment to the SDP is returned with additional comments,
all comments must be returned to the Authority and/or the Authority's designated Engineer
within ten (l0) days of the second (2nd) review response and returned to the Authority and/or
the Authority's designated Engineer for resubmittal.
11. If Tenant fails to submit such plans and specifications in the form or within the time required
Tenant will be in default of the Agreement.
COLLIER COUNTY AIRPORT AUTHORITY:
Date:
Stephen L. Price, Chairman
SALAZAR MACHINE & STEEL, INC.
(Tenant's Initials)
Page 22
Y :\1 mmokalee Regional Airport\Leases\Salazar\SalazaJ' Lease -master eopy ] 1-0 I-06.doc
r, "'"' 1+ ... "I __ -i t"'-'-"
Immokalee Regiona~ Airport '';:jvN'ovel;b~r' 14, 200(
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 25 of 2
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Date:
Pete Salazar, President
Approved as to form and legal sufficiency:
Thomas C. Palmer, Assistant County Attorney
(Tenant's Initials)
Page 23
Y:\lmmokalee Regional Airport\Leascs\Salazar\Salazar Lease -master copy] I-OI-06.doc
1'. ""...... J I-i- '"' "'0r"
. ~:::J""'IIVU 11,.......... V., ...
Immokalee Regional Airport November 14, 200E
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 26 of 2S
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "D"
TENANT'S PROPOSED IMPROVEMENTS
(Tenant's Initials)
Page 2 4
Y:\lmmokalee Regional Airport\Leases\Salazal'\Salazar Lease -master copy 11-01-06.doe
t, -., .....~I I~. -. t, '_ .-: '-"r'\.'1
Immokalee Regional Airport . '<1NZve;;b~r' 14, 200(
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 27 of 2c
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
Exhibit "D" - Tenant's Proposed Improvements
SRLJlZIIII .IICH'"' , "TIEL. IMI:_
160 Airpark Bl'/d.. #lO9 I Immtlt:ai",:p', n_ 34142 I .F'r.orJe: C239} 657-2.125 I ru.c (Z3s:i 658-2SIJ
.
... "-=.: ..:...J.:..."..-c;_':":(".r:r-:-r...-.....-:f\-t-T"'--...-....--...--.. .... ....; ....~........71-......r:~'r"""'~.t:':;1r.....-....-::-.. _./"'.......... -'-... ...
Business Plan
I ~td.rted my busirlt.~;~ irl 1985 W(tlk,ing alcme and with one lru(.k, After ;:l fe.',' )iearS
mj' small mobile oJrnpan\/ b"gan rcn~i\ling 'Tlore wor:, ,"-nd I :~::lG to r.ir~ one em-
ployee,
In the yea: 2GX. drkr wm"j.jnR at tht, future site of the Imnl()kalee MOlrtufacturmg
and Technology CeFlter. I decided it w<:<s tilft'~ ~J t~k~ mi <:ompany to the ne;:!. step.
itrole$led h-. a 2,000 s.q. ft. space and began gro....'ing my c.omp:my. Over the f1e;;;l 6
ye('lr.5. I ac(ulilubreci .:m e;.tra 2,700 sq, ft, cl.lilding, addwl 9 r11~W employees. and the
bu~im,~s i~ continL!ing Its gl'o\'ith. V'.'hat started a~ a ~imple welrling and fabricating
company ha~ now tunwd in lX' a company that manufactures fl'lachinr.t)' hr thf::
agri1::ulture ,md indu:;f.ri<Jl 'ndus.tr'j lhroughout the United States, ','lie are also the only
company irl thp. sta~e of Florida Lhal Illclntlfac.lute~, Cim.l'" Mechanical Harvester
TrucKs,
.
TO cr)ntinue Dur protected gro....'tl1. we nee,:\ more Sri;)r:~~. With the proposed 20,000
sq. ft, b'..lild,ng and a c2pit,:r~ il1....estm~nt (of about one miU.l~ln doll.ars, l plan to
de'.'d()p <i truilling program iot' new and present emplc'ye<;s, ~s well a<; ','tork in con
jun:tir_;n lJ.'ith CoHier County Public Schools and Tie jI,dlJtt L~arnirtg [rntf~r. In doing
so, 'lit viill be able to crp-at~ appmxirnatd:i 15 nevI Job.~. helping IfTh"llOkalee ~Hld the
IDcal Aconomy. I hope to be "ble to rnc.,,.t I;', Lo 'JLH new f<lci~i:Y within one year
F:W~/' .::
.
(Tenant's Initials)
Page 25
Y:llmmokalee Regional AirportlLeases\SalazarlSalazar Lease -master eopy 11-01-06.doe
.. "'_ p\.. _ I r- r"'
..'::1...... I.......~ l",,-,i.. 'Ii""'. V-....l,,-
Immokalee Regional Airport November 14, 200E
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 28 of 2c
Collier County Airport Authority, Sub-Lessor (Authority)
Salazar Machine & Steel, Inc., Sub-Lessee (Tenant)
EXHIBIT "E" - ORIGINAL
SPECIAL PROVISIONS
Special Provisions are provision that as of this Agreement's Execution Date differ from the applicable standard form
provisions. They are:
[If "None" state "None."]
*******************************************************
r- EXAMPLE-I
REVISED EXHIBIT "E" _1ST REVISION
Amendments
First Amendments to this Agreement, effective on the _ day of
,2
: are:
,etc.
ATTEST: TWO WITNESSES
SALAZAR MACHINE & STEEL, INC., LlC
FIRST WITNESS
Pete Salazar, President
(Corporate Seal)
Print Name
SECOND WITNESS
Print Name
(Tenant's Initials)
Page 26
Y:llmmokalee Regional Airport\LeasesISalazar\Salazar Lease -master eopy 11-01-06.doe
RESOLUTION NO. 06-41
RESOLUTION OF mE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDING THAT
THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AND AUmORIZE
ITS CHAIRMAN TO EXECUTE A THIRTY (30) YEAR SUB-LEASE AGREEMENT AT AN INITIAL
RENT OF TEN CENTS (SO.1O) PER SQUARE FOOT WITH SALAZAR MACHINE & STEEL, INC.
TO CONSTRUCT A MINIMUM 20,000 SQUARE-FOOT MANUF ACTURINGI W AREHQYSE
FACILITY ON ONE AND ONE-HALF (1.5) ACRES OF LAND AT THE IMMOKALEE REGIcmAL ,
AIRPORTffRADEPORT. FOR THE FIRST FIVE YEARS OF THE SUB-LEASE AyREEM&.NT, ';.=
RENT WILL BE FOR THE FOOT-PRINT OF THE BUILDING ONLY (20,000 SQUARE FEET). '~-=-: ~2."
, ::J c
WHEREAS, the Collier County Airport Authority ("Authority"), pursuant to County Ordinance'2'o04- -; r-'
03, as amended, manages, operates and maintains the lmmokalee Regional AirportlTradeport ("Airport"); ~ ,~~-
WHEREAS, Florida law requires the Authority solicit bids for non-aviation related cotnfilercial~~ :~~
development at the Immokalee Regional Airport/Tradeport; and .;:- ~ ! :
Agenda Item r\lo. 16G2
November 14, 2006
Page 29 of 29
,--C'
WHEREAS, the Authority, according to County Purchasing Policy, solicited Requests for Proposal
(RFP) for "Commercial Development and Use at the Immokalee Regional Airport Pursuant to Airport Land
Lease Agreement(s);" and
WHEREAS, Salazar Machine & Steel, Inc. ("Salazar") submitted its Proposal to construct a minimum
20,000 square-foot manufacturing/warehouse facility on one and one-half acres (1.5) of land at the Airport,
which Proposal has been selected for negotiation of proposed development and terms; and
WHEREAS, the Authority and Salazar negotiated a thirty (30) year term at the initial rental of ten
cents ($0.10) per square foot per year, and all additional provisions of the Sub-Lease Agreement; and
WHEREAS, the Authority and Salazar agree that for the first five (5) years of the Sub-Lease
Agreement rent will be for the foot-print of the building (20,000) only; and
WHEREAS, the Authority & Salazar Machine & Steel, Inc desire that the Board of County
Commissioners execute the subject Sub-Lease Agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT
AUTHORITY, that the Authority hereby recommends that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute subject attached thirty (30) year Sub-Lease Agreement at an
initial rent of ten cents ($0.10) per square foot with Salazar Machine & Steel, Inc. to construct a minimum
20,000 square-foot manufacturing/warehouse facility on one and one-half (1.5) acres of land at the Immokalee
Regional AirportlTradeport, with rent for the first five (5) years of the Sub-Lease Agreement being for the foot-
print of the building (20,000 square feet) only.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport
Authority this 9th day of October 2006.
AT~
Theresa M. Cook, Executive Director
COLLIER COUNTY AIRPORT AUTHORITY
COLL~FLORIDA
BY:~
Stephen L. Price, Chairman
APpro~. to fOnn{)Jgal 'uffid,n"
t C9Vyv ~
Tom Palmer, Assistant County Attorney
Y:\AdministratiDn\AA Board\Resolutions\2006 Resolutions\Res 06-41 Salazar Lease tcp comments 1O-3-06.doc
Agenda Item No. 16G3
~..Jovernber 14, 2006
Page 1 of 30
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute a forty (40) year Sub-Lease
Agreement between the Collier County Airport Authority and C-Tech
Manufacturing Florida, LLC at an initial rent of Sixty Five Thousand Three
Hundred Forty Dollars ($65,340) per year for construction of a minimum
196,000 square foot manufacturing facility on fifteen (15) acres at the
Immokalee Regional Airportl Tradeport'
OBJECTIVE: It is the Collier County Airport Authority's (Authority) objective that the
Collier County Board of County Commissioners approve and authorize its Chairman
to execute said Sub-Lease Agreement between the Authority and C-Tech
Manufacturing Florida, LLC.
CONSIDERATIONS: As required by Florida law, the Authority solicited bids for non-
aviation related commercial development at the Immokalee Regional
AirportlTradeport (Airport). C-Tech Manufacturing Florida, LLC submitted a proposal
to construct a minimum 196,000 square-foot manufacturing facility on fifteen (15)
acres at the Airport.
The Authority and C-Tech Manufacturing Florida, LLC negotiated a forty (40) year
Sub-Lease Agreement at an initial rent of ten cents ($0,10) per square foot per year
for the total sub-leased area (653,400 square feet), which equates to Sixty Five
Thousand Three Hundred Forty Dollars ($65,340) for the initial year.
FISCAL IMPACT: No fiscal impact is anticipated for FY2007, Rent will commence
on the first day of the first full month following the issuance of a Certificate of
Occupancy for the completed manufacturing facility.
GROWTH MANAGEMENT IMPACT: The growth management impact associated
with this Executive Summary will be addressed in the Site Development Plan
process.
RECOMMENDATION: That the Collier County Board of County Commissioners
approve and authorize its Chairman to execute the attached forty (40) year Sub-
Lease Agreement between the Collier County Airport Authority and C-Tech
Manufacturing Florida, LLC at an initial rent of Sixty Five Thousand Three Hundred
Forty Dollars ($65,340) per year for the construction of a minimum 196,000 square
foot manufacturing facility on fifteen (15) acres at the Immokalee Regional Airport!
Tradeport.
Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority.
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16G3
November 14. 2006
Page 2 of 30
COLLIER COUNTY
BOARD OF COUNTY COMMtSStONERS
16G3
Recommendation that The Collier County Board of County Commissioners approve and
authorize Its Chairman to execute a forty {40, year sub-lease agreement between the Collier
County Airport Authonty and C-Tech Manufacturing Florida. LLC at all inltlai rent of Sixty FIve
Thousand Three Hundred Forty Dollars ($65,340} per year for construction of a minimum
196,000 square foOl manufacturIJig facility on fifteen (15) acres at the hnrnokalee Regional
Airport/Tradeport
11/1412006 9:0000 AM
Date
Approved By
Theresa M. Cook
County Manager's Office
Executive Director
Airport Authority
11/1/20064:33 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Office of Management & BlJdget
11/2/200612:05 PM
Date
Approved By
Randy Greenwald
County Manager's Office
ManagemenUBudget Analyst
Office of Management & Budget
11/6/20062:31 PM
Michael Smykowski
Date
Approved By
County Manager's Office
Management &. Budget Director
Office of Management & Budget
11/6/20062:39 PM
Approved By
.J3mes V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's OffIce
11/6i2006 3:07 PM
;^.::j:'--- ....A~ It,....;~~~ ;'~~. -; C.~3
Immokalee Regional Airport ~~overnber 14, 20 )6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 3 of '0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
WHEREAS, the Collier County Airport Authority, Sub-lessor, (hereinafter referred to as "Authority"), a Public Body
existing under Collier County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1,
Naples, Florida, 34114 is charged with the operation and maintenance of certain real properties known collectively as
the lmmokalee Regional Airport (hereinafter refen'ed to as "Airport") in Collier County, Florida; and,
WHEARAS, the Authority leases the AirpOli from the Collier County Board of County Commissioners, the Authority is the
Sub-lessor and C- Tech Manufacturing Florida LLC (hereinafter referred to as 'Tenant") is a Sub-lessee; and
WHEREAS, Collier County through the Authority maintains designated areas on the Airport specifically to sub-lease said
areas to aviation-related businesses, entities or individuals to develop the Airport, its infrastructure, and aviation businesses
for the benefit of the general aviation community and the citizens of Collier County: and
WHEREAS, Tenant desires to sub-lease that portion of real property as described in exhibit "A" attached, on the Airport for
the purpose of furthering the Tenant's manufacturing business interests; and
WHEREAS, the Authority is willing to Sub-Lease that portion of real property as described in exhibit "A" attached, and
Authority and Tenant (hereinafter referred to collectively as the "Parties") desire to execute a written sub-lease agreement
(hereinafter referred to as "Agreement").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable
consideration, the following is agreed:
PART ONE OF TWO PARTS
Paragraphs I through 6 are unique to these Premises:
]. The Premises.
a. The Premises Described. The Authority hereby sub-leases to the Tenant fifteen (15) acres of real propeliy,
approximately located in the NE comer of Quadrant # 3 of Section T.47.S and R.29.E of the United States
Geological Survey. with Florida State Plane Coordinates as follows; N-760425.912, E-524658.206; N-
760828.166, E-524650.225; N-7611 00.893. E-524863.911: N-761144.178, E-525055.905; N-716305.506, E-
525303.428: N-7611357.631, E-525342.018; N-761248.487, E-525403.459: N-761009.610, E-525585.711; N-
760674.320, E-525607.555; N-760650.900. E-525568.172: N-760577.204, E-525542.088; N-760438.850, E-
525586.993; N-760458.845, E-525500.911 within Collier County, State of FIOlida, described in Exhibit "A"
attached hereto and incorporated herein by this reference, together with the approximately depicted an easement
for ingress and egress to the property (hereinafter collectively referred to as "Premises"). This is an approximate
description. Tenant shall be required to submit an official land survey to the Authority within sixty (60) days of
the Execution Date of this Agreement. Final approval of the sUl\'ey and the exact boundaries of the access
easement are subject to wlitten approval by the Authority. This Agreement shall have no force or effect until the
Authority has actual physical possession of one (1) original of this Agreement (including all Exhibits) fully
signed by the Tenant (with two attesting witnesses), fully signed on behalf of the Authority (with two attesting
witnesses), signed as "approved to form and legal sufficiency" by an attomey employed by the County Attorney,
and signed by the Chairman of the Collier County Board of County Commissioners ("BCC"), and witnessed by
the Deputy Clerk (which execution by the BCC is to only to prove that this Agreement has been approved by the
BCe. and fully signed and witnessed by the Chairnlan of the Collier County Board of County Commissioners.
The date this Agreement is fully executed by the Chairman of the Collier County Board of County
Commissioners is referred to in this Agreement as the "Execution Date."
2. Terms.
a. Agreement Term. The term of this Agreement shall be forty (40) years (hereinafter "Agreement Term")
commencing on the "Commencement Date," as hereinafter defined, and terminating forty (40) years after that
Commencement Date. The Commencement Date shall be the first day of the first full month following the
issuance or receipt of a certificate of occupancy for the completed manufacturing facility that Commencement
Date being the _ day of , 200_. The ternlination date shall be the last day of that month in
year 20 (The Parties acknowledge that the missing information shall be added upon receipt of said
Certificate of Occupancy, which shall be initialed by an authorized representative of the Tenant and by the
Authority's Executive Director). Possession of the Premises by the Tenant shall be deemed to begin on the
Execution Date of this Agreement even if the Tenant is not actually then in possession of the Premises. Collier
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 4 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
County Ordinance No. 2004-03, as amended, provides that only the Collier County Board of County
Commissioners is authorized to agree to any extension of the Agreement Term of this Agreement.
b. This Agreement is Contingent upon proof of Loan CommitmentlFinancial Ability to Construct. This
Agreement is contingent upon the Tenant providing to the Authority a document which is acceptable to the
Authority and which provides proof of Tenant's legal identity as individual or corporate and financial ability to
construct a minimwn 196,000 square foot manufacturing facility. The proof of financial ability shall be in the
form of a loan commitment and/or a letter of credit or an escrowed cash payment for all costs to complete, from
an acceptable financial institution, Acceptance of the financial institution shall not be unreasonably withheld by
the Authority. Proof must be provided within ninety (90) days of the Execution Date of this Agreement.
3. Permitted Uses, Tenant shall have use of the Premises only for the construction ofa minimum 196,000 square-foot
manufacturing facility. No building or land shall be used except for the manufacturing of plasticized concrete building
products of Tenant, or assignees or sub-sub-lessees approved pursuant to paragraph 15 hereof, recognizing that each
use and structure must still be properly permitted by Collier County through a Certificate of Occupancy or
occupational license, as the case may be. Moreover, no use and lor occupancy shall disturb the peaceful enjoyment of
any other tenant at the Airport, and all uses and occupancy shall always conform to all then current (as then revised or
superseded) laws, standards, rules, regulations, codes and all other written applicable policies of eve!)' type and
description.
4. Rent. Beginning on the Commencement Date, the Tenant shall pay rent to the Authority. (The same being the first
rent payment date). The amount of the annual rent shall be ten cents ($0.10) per square foot multiplied by 653,400
square feet, the total area of the sub-leased Premises. The amount being Sixty Five Thousand Three Hundred Forty
Dollars ($65,340) for the first sub-lease year plus Florida sales tax, For each sub-lease year subsequent to the first sub-
lease, the annual rent shall be increased one percent (1 '%) effective on the anniversa!)' of the Commencement Date
throughout the telm of this Agreement. Additionally, the rent shall be increased at the end of the fifth sub-lease year to
the then current Fair Market Value (FMV) (as defined by the Federal Aviation Administration Rules & Regulations)
land lease rate per square foot per year, The rent shall be increased again at the end of the tenth, fifteenth, twentieth,
twenty-fifth, thirtieth, and thirty-fifth anniversaries of the Commencement Date to the then current FMV land lease
rate per square foot per year. These incrementally increased rent payments shall be billed (invoiced) to the Tenant
plioI' to the end of each such anniversa!)' date. In no event shall the rent increase in the fifth, tenth, fifteenth, twentieth,
twenty-fifth, thirtieth, and thirty-fifth years be greater than five percent (5%) of the rent for the previous rent payment
year.
5. Time Restrictions for Construction of the Initial Development.
Construction of a minimum 196,000 square-foot manufacturing facility must be completed on or before the first day of
the 15th month after the Execution Date of this Agreement. If development has not been substantially completed by
this time. this shall be considered a material breach of this Agreement. "Substantially Completed" means not more
than forty-five (45) days from Final Completion.
6. Notices. Whenever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or
document required or pell11itted to be delivered hereunder shall be deemed to be delivered whether actually received or
not, when deposited in the United States mail, as Certified Mail, postage prepaid, retull1 receipt requested, and
addressed to the parties at their respective addresses, as set forth below. Tenant shall have a continuing obligation to
notify the Authority's Executive Director, in writing, of each and eve!)' change in this address. The Authority shall
also have a continuing obligation to notify the Tenant in writing of each and eve!)' change to its address, if any. No
"Notice" constitutes an amendment to this Agreement.
Airport Authority
Collier County
2005 Mainsail Drive, Ste. 1
Naples. FL 341]4
C-Tech Manufacturing F]orida LLC
4532 Tamiami Trail E, Suite 101
Naples, FL 34112
PART TWO
All of the following paragraphs (7 through 39) are Standard Form paragraphs. Amendments to any of these paragraphs must
be made in paragraph 33. "Special Provisions."
7. Fees and Charges. Tenant shall pay the following fees and charges:
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 5 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
a. Closing and Processing Fee. Tenant shall pay a one-time closing and processing fee of Five Hundred Dollars
and no cents ($500.00), which must be received within ten (10) days after the date this Agreement is approved by
the Collier County Board of County Commissioners and executed by its Chairman and attested to by the Clerk.
b. Additional Fees. Any and all additional amounts, obligations, or expenses paid or incurred by the Authority: (a)
on behalf of Tenant or which is the responsibility of Tenant hereunder or for which the Tenant has agreed to
reimburse the Authority; or (b) amount, which the Authority after reasonable advance notice to Tenant elect, to
payor incur because of Tenant's failure, neglect, or refusal to perform or fulfill any of the terms and conditions of
this Agreement shall constitute additional fee payable by Tenant to the Authority, and the same shall be payable
in full along with the payment of all other payments due hereunder within thirty (30) days of the receipt of
Authority's invoice setting forth the costs or amounts incurred by Authority. Such payments shall include
interest, costs (including reasonable attorneys' fees), damages, and penalties that may have been incurred by the
Authority in collecting the same.
c. Payments. Any and all payments shall be made to the Collier County Airport Authority at the then current and
correct address.
d. Late Payment Fee. Tenant shall pay a late payment fee of ten percent (10%) of the late rent, fee and/or other
late payment. If the late payment fee is not actually received by the Authority when due, the late payment fee
shall compound monthly.
e. Separate and Independent Provision. It is the intention of the parties hereto that the obligations of the Tenant
shall be separate and independent covenants and agreements, that the Rent payments to be made by the Tenant
and all other sums payable by the Tenant to or on behalf of the Authority shall continue to be payable in all
events and that the obligations of the Tenant shall continue unaffected, unless the requirement to payor perform
the same shall have been terminated pursuant to an express provision of this Agreement.
f. Due In Advance. All rent payments shall be due and payable each month in advance, beginning on the
Commencement Date and continuing regularly on a monthly basis without notice rrom the Authority thereafter
dUling the Agreement Tem1. However, the Authority may elect to invoice payment notices. The first monthly
rental payment shall be due and payable on the Commencement Date. All subsequent payments shall be due
(paid in advance for each respective month) on the first of each month thereafter.
g. Material Default. Tenant's failure to pay rent for any period exceeding three (3) consecutive months will be
consider a Material Default of this Agreement.
8. No Refunds. Tenant shall not be entitled to a refund of any rent, fees or other charges whatsoever, except
overpayments shall be credited to rent.
9. Insurance Requirements.
a. Proof of Insurance Required as Determined by Collier County Risk Management. Tenant shall maintain
insurance as outlined in Exhibit B. Such insurance shall name the Authority as an additional insured. This
insurance shall have an aggregate limit as required to meet the then existing mandatory requirements of the
Collier County Risk Management Department. Tenant shall maintain coverage of all improvements to the
Premises. Such insurance shall always be with a company licensed and authorized to conduct that insurance
business in the State of Florida. The Tenant shall furnish annually to the AuthOlity on or before the anniversary
of the Commencement Date of this Agreement, a certificate or other approved written evidence and proof of
maintenance of the above-required insurances. Tenant shall provide the Authority with written notice of any
change thereof, and furnish to the Authority evidence of acquirement of a substitute therefore, and payment ofthe
premium thereof. Each such notice must be received by the Authority not later than ten (10) days after each such
change. If the Tenant fails to maintain all such insurance coverage, then the Authority may obtain same and
add all costs thereof to the total cost of such insurance and bill the Tenant accordingly, this may include
monthly or annual billing, determined by the Authority. If the Authority does so, it shall charge and the
Tenant shall pay interest thereon at the rate of fifteen percent (15%) per annum from the time of payment and
shall be collected as an additional charge.
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Y:llmmokalee Regional AirportlLeaseslC- TechlC- Tech lease - master copy II-Ol-06.doc
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 6 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
b. Construction Insurance. Tenant shall maintain and provide proof to the Authority of bonds, construction
insurance and/or all other insurance required by Collier County Risk Management Department, which is set
forth in Exhibit "B,"
c. Indemnify the Authority. Tenant shall save and hold harmless, indemnify and defend Collier County and the
Authority, their elected officials, their unelected officials, employees and agents, in their official and individual
capacities, of and from any and all liabilities, claims, losses, or damages arising out of, or alleged to arise out of,
or indirectly connected with the operations of the Tenant under this Agreement, and/or arising out of the presence
at the place of business, or improvements thereto, of any agent, guest, customer, supplier, contractor or
subcontractor of Tenant, unless such liabilities, claims, losses, or damages are caused by the negligence or willful
misconduct of Collier County or the Authority, their elected officials, their unelected officials, employees or
agents, in their official and individual capacities, The amounts of insurance maintained by the Tenant shall not be
deemed a limitation on Tenant's agreement to indemnify Collier County and the Authority. If Collier County
and/or the Authority become liable for any of the same in an amount in excess of the insurance, Tenant shall
indemnify the Authority for the whole thereof
d. Insurance Required as stated in Exhibit B.
10. Rules and Regulations. All Activities conducted at the Airport will be done in adherence to the Collier County
Airport Authority's Airport Policies and Procedures, the terms of this Agreement and any other then applicable
Federal, State, County and local Laws, Ordinances, Rules and Regulations.
a. Property Management: The Authority shall be the sole sub-lessor/lessor of Airport property and facilities at
the Airport. No individual or entity shaH provide any property management services without being
authorized to do so by appropriate written agreement with the Collier County Airport Authority.
11. Permitted Uses
a. Additional Uses Require Permission. The Tenant shaH not use or permit the use of the Premises, and/or any
improvements thereto, for any purpose or use other than those expressly and specifically authorized by this
Agreement. Additional uses may be hereafter authorized in writing by the Authority, but only upon such terms
and conditions as may be set out in such authorization. All changes to uses must be inserted into this Agreement
by Amendments to this Agreement See Section 34, Exhibit "E" Tenant shall use the Premises solely for the
conduct of Tenant's business and not for any other purpose, activity or line of business whatsoever, without the
prior written approval of the AuthOIity. Authorization may be denied for any reason in the sole and absolute
discretion of the Authority as long as this judgment is made on a good faith basis, Tenant understands that a
violation of this Section is a Material Default and may be considered by the Authority as a breach of this
Agreement Tenant shall make no use of the Airport, which in any way interferes with the safe conduct of the
Airport, or any aircraft operation.
b. Commercial Use of Premises and Future Improvements. Tenant agrees to obtain written pennission from the
Authority plioI' to commencing or pelmitting any commercial use of the premises not specifically listed or
additional improvements thereto, in accordance with the then current Airport policies, code and/or standards.
The Tenant shaH at all times maintain and pay for any required pem1its, licenses, insurances, and taxes as then
required by law.
c. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful performance of
such covenants, agreements and conditions required by law, and/or this Agreement, shall and may, peaceably and
quietly have and enjoy those p0I1ions of the Airport authorized for Tenant's use. Such use shaH be free from
molestation, eviction or disturbance by the Authority or any person claiming by, through, or under it, subject to
the tem1S and conditions of the law or agreement entered into. Such quiet enjoyment is conditional upon Tenant
adhering to the conditions, provisions and terms set forth in this Agreement and without limitation, all other laws,
rules and /01' regulations referred to anywhere in this Agreement
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 7 of, 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
12. Construction and Ownership of Improvements, Liens, Mortgages and Other Encumbrances.
a. Site Development Plan. The Authority has applied for a Site Development Plan (SDP) from Collier County for
the development of a taxiway and a lake. This SDP does not identify any specific Premises or proposed
individual developments beyond the taxiway and lake. An amendment of the SDP specifying the Premises and
the proposed Tenant's improvements must be submitted to and approved by Collier County before Tenant may
begin development. This will require that each Tenant prepare and submit to the Authority, in the manner and
detail required by Collier County, information on its proposed development. The Authority will use this
information to amend the SDP. Once such requirements have been established, and communicated in writing by
the Authority to Tenant in a Letter of Understanding (LOU), Tenant's failure to submit such plans and
specifications in the form or within the time required will be an event of default in this Agreement allowing
Authority to terminate this Agreement without recourse to Tenant. The cost of all licenses and permits and any
applicable impact fees relating to the Premises (not already paid by the AuthOlity) shall be at Tenant's expense.
b. Site Development Plan Letter of Understanding (SDP LOU). The SDP LOU outlines the submittal process,
performances and procedures as attached in Exhibit "c." By entering into this Agreement, Tenant agrees to all
terms and conditions of the LOU.
c. Construction Approvals. Tenant shall diligently obtain any approvals for the construction of Tenant's
improvements or any other improvements and shall commence construction promptly after all such approvals
have been obtained and diligently pursue the construction to completion. All such improvements shall be
constructed in strict accordance with the approved Tenant's plans and specifications (collectively, the Tenant's
Plans) prepared under the seal of a duly licensed in Florida architect or engineer and all applicable building
codes, zoning regulations, and county, state. and federal laws, ordinances, rules and regulations unless a waiver
or exemption has been obtained from the appropriate authority. Within ninety (90) days after completion of
construction of Tenant's improvements or any other improvements, Tenant shall, at its expense, provide the
Authority with record drawings showing the "as built" condition of any such improvements. Tenant hereby
wan-ants and covenants that all improvements now or hereafter erected on the Premises shall be at all times free
and clear of all liens, claims, and encumbrances arising in connection with the construction of such improvements
and hereby agrees to indemnify and hold the Authority and Collier County hmmless from and against any and all
losses, damages, and costs, including reasonable attorneys' fees relating to or mising out of any such lien, claim,
or encumbrance. If any lien or notice of lien on account of the alleged debt of Tenant (or any notice of contract
by a party engaged by Tenant or Tenant's contractor(s) to work on the Premises) shall be filed against the
Premises, Tenant's interest therein or in any improvements, then Tenant shall, within thirty (30) days after notice
of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of
competent jurisdiction, or otherwise. No work hereunder shall be commenced until Tenant has, at its sole cost
and expense, provided to the Authority from companies reasonably acceptable to the Authority and the
Authority's attorney: (1) a surety perfonnance bond for the benefit of Collier County and the Authority in a forn1
prescribed by the AuthOlity in an amount equal to the total estimated cost of the work, which perfOlmance bond
shall guarantee the prompt completion of the work by Tenant in accordance with the approved Tenant's plans;
(2) a surety payment bond for the benefit of Tenant and in a form prescribed by the Authority and in an amount
equal to the total estimated cost of the work, which bond shall guarantee the payment by Tenant of all contractors
and subcontractors (at every tier) charges and the charges of all other persons and firms supplying services, labor,
materials, or supplies in connection with the work; and (3) a policy of builder's lisk insurance issued upon tenns
acceptable to the Authority. Notwithstanding the foregoing, the provisions of (1) and (2) above shall not be
applicable to work costing less than two hundred thousand dollars ($200,000.00) for which Tenant has obtained
an express written waiver of the bonding requirements from the Authority in advance of awarding a construction
contract for such work.
d. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way as constituting the
consent or request of the Authority, express or implied by reference or otherwise, to any architect, engineer,
surveyor, contractor, subcontractor (at every tier), laborer, materialman, supplier or mechanic for the performance
of any labor or the furnishing of any matelials or services requested by Tenant for or in connection with the
Premises or any part thereof. Notice is hereby given that neither Collier County nor the Authority shall not be
liable for any labor or materials or services furnished or to be furnished to Tenant upon credit, and that no
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Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
mechanics or other lien for labor, materials, supplies or services shall attach to or affect the fee or reversionary or
other estate or interest of the Authority in the Premises, in any improvements, or in this Agreement. All Persons
dealing with the Premises and with Tenant are hereby put on notice that Tenant does not have the power to deal
with the Premises in such a manner as to authorize the creation of mechanics liens, by implication or otherwise
and all Persons making improvements to the Premises, either by doing work or labor or services or by supplying
materials thereto, at the request of Tenant or Persons dealing by, through or under Tenant, are hereby put on
notice that they must look solely to Tenant and not to the Premises or any part thereof or to any improvements, or
to this Agreement for the payment of all services, labor, and materials performed upon or delivered to the
Premises. "Persons" refers to individuals and all entities.
e. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect to the performance,
commencement, or completion of any of the work to be performed by such party under this Section if such
failure to perform, commence, or complete any or all of such work is due to circumstances beyond it~ control,
such as, and not limited to, a strike, lockout, labor dispute, shortages of materials or labor, fire or other casualty,
litigation or governmental action or inaction, or delay or acts of war, including act~ of terrorism. For purposes of
this Section the act~ of a third party shall not be deemed to be within the control of Authority, Collier County or
Tenant unless Authority, Collier County or Tenant, respectively, authorized such act~,
f. Trade Fixtures, Tenant may, rrom time to time, install, operate, repair, and replace any trade fixtures and other
lawfully present personal property on the Premises, all of which shall be and remain the propel1y of Tenant and
may be removed at any time dUling the ternl hereof and within thirty (30) days after expiration or earlier
termination of the ternl hereof; provided, however, that, absent written approval to remove from the Authority,
Tenant shall not remove any such item while in default hereunder. Tenant shall, at its own cost and expense,
repair any damage to the Premises caused by such removal in a manner reasonably acceptable to the Authority.
Failure to remove trade fixtures or other personal property as provided herein shall not constitute a holdover by
Tenant, but all such property not removed within the time specified above shall be deemed to have been
abandoned by Tenant, in which case, the Authority may either use or dispose of the same as it shall see fit
without any liability to Tenant therefore or may remove and store the same at Tenant's expenses. The ternlS trade
fixtures and other personal property shall not include (I) any item hereafter installed or erected thereon by the
Authority or at its expense or (2) any item affixed to the Premises or any improvement which cannot be removed
without material injUlY to the Premises or to any improvement, whether or not installed by and at Tenant's
expense.
g. Removal of Tenant's Property in the Event of a Default. If upon the expiration of the Lease Term hereof or
earlier temlination of this Agreement, Tenant shall be in default hereunder, the Authority may, at its option, give
notice to Tenant that Tenant may, within fifteen (I5) days after the date such notice is given, remove its trade
fixtures and other personal property, provided that such removal will not result in material injury to the Premises
or any improvement, and that Tenant shall at its expense repair any damage to the Premises or any improvement
caused by such removal in a manner acceptable to the AuthOlity. In such event, any trade fixtures or other
personal property not so removed within such time period shall be deemed to have been abandoned by Tenant, in
which case the Authority may either use or dispose of the same as it shall see fit without any liability to Tenant
therefore or may remove and store the same at Tenant's expense.
h. Title to Improvements. Title to both the Authority's Improvements and to such of the Tenant's improvement~
that do not constitute trade fixtures or other personal property shall be and vest in the Authority upon the
expiration or early termination of this Agreement. Tenant hereby covenants to promptly execute and deliver to
Authority any and all instrument~ or documents that Authority reasonably requests to effectively transfer, assign,
and convey such Improvement~ in fee to Authority.
i. Tenant's Improvements. Tenant will at its own expense, in the time prescribed in this Agreement, make all of
Tenant's improvements listed on Exhibit "D" hereto. Tenant has committed in Tenant's proposal to construct
196,000 square feet of improvements. Tenant's development dates can be extended in writing by the
Authority's Executive Director provided Tenant's written request for each requested extension proves that the
extension would not be necessary but for the authority's failure to act promptly or other breach of a clear duty or
clear responsibility ofthe Authotity owed to Tenant.
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Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
j. Authority Approval Required. Tenant shall submit the Tenant's Plans to the Executive Director for approval
by the Authority. No construction of any type shall commence prior to Tenant's receipt of: (1) the Authority's
written approval of the Tenant's Plans, which approval shall not be unreasonably withheld or unreasonably
delayed and (2) a "Notice to Proceed" from the Authority.
k. Unencumbered Title to Improvements. During the Agreement Teml, title to all improvements existing or
constructed upon the Premises by or on behalf of Tenant are and shall be vested in Tenant. All liens and/or other
encumbrances (except mortgages(s)) placed upon the Premises due to actions and /01' inactions of Tenant, or
through Tenant, shall by Tenant, be completely and absolutely removed as soon as possibly: and in all events no
mortgage, lien or any other encumbrance shall be upon this Agreement or upon any improvement at the end of
the Agreement Term of this Agreement. An "encumbrance" is anything that results in Collier County receiving
anything less than complete marketable title to all improvements and /01' anything less than a total and complete
return of the Premises.
l. Proposed Improvements. The Tenant is required to construct improvements on the Premises in accordance
with all applicable Federal Aviation Administration Rules, Advisory Circulars, Design Standards, or other
governing and/or related regulations and codes. This specifically includes but is not limited to the submittal of
FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their review and approval. A
copy of which shall be submitted to the Authority upon submittal to the FAA and no later than ninety (90) days
after the Execution Date of this Agreement. A copy of the response or determination from the FAA shall be
provided to the Authority no later than ten (10) days after receipt from the FAA. The Tenant is required to
construct improvements on the premises in accordance with all applicable Federal, State of Florida, Collier
County and local codes, permits, rules, and regulations. Tenant shall begin such process with no less than proof
to the Authority of submission of a building permit application to Collier County, not later than sixty (60) days
following the approval of the SDP by Collier County.
m. Collier County Codes Apply. Tenant must meet Collier County standards as specified in all then applicable
Collier County Codes (Ordinances) for all design, planning, permitting, and construction activities, including
development or extension of infrastructure. In addition, Tenant, at no cost or expense to Collier County and/or
the Authority, shall pave all access from the Premises, and/or any and all improvements thereto, to roads, and
such construction shall match the existing grade.
n. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted shall not constitute
the assumption of any liability by the Authority for the compliance or conformity of the Tenant's Plans with
applicable building codes, zoning regulations, or municipal, county, state, and federal laws, ordinances, and
regulations, or for their accuracy or suitability for Tenant's intended purpose. Tenant shall be solely responsible
for Tenant's Plans, and the Authority's approval of the Tenant's Plans shall not constitute a waiver of the
Authority's right thereafter to require Tenant, at Tenant's expense, to amend the same so that they comply with
applicable building codes, zoning regulations. municipal, county, state, or federal laws, ordinances, or regulations,
and to make such construction changes as are necessary so that the completed work is in confomlity with the
amended Tenant's Plans. In the event the AuthOlity refuses to approve Tenant's Plans, the Authority shall notify
Tenant of the changes required to be made, and Tenant may revise Tenant's Plans to incorporate the required
changes and then resubmit revised Tenant's Plans to the Authority for approval. The Authority shall attempt to
reply in writing to Tenant's submitted Plans within forty-five (45) days after Authority's receipt of the submitted
Plans, regarding Authority's approval, approval subject to required changes, or other response to Tenant regarding
Tenant's submitted Plans. Tenant shall always be granted a reasonable time to make the required amendments or
otherwise comply with the Authority's respective written response to Tenant.
o. ]\"0 Liability Regarding Permitting or Other Authorization. Neither Collier County nor the AuthOlity, nor
any officer, employee representative of agent of either, shall be liable in any way whatsoever for any
developmental permitting and/or any other pemlitting, permission or other authorization that is not completed to
the desires of Ten ant for any reason whatsoever, including and not limited to financial restraint(s), management,
seen and/or unforeseen obstructions and/or delays, and/or any natural disaster(s) and/or any other circumstances
whether or not under the control of Collier County and/or the Authority, and/or any now existing, new, amended
and/or superseding Florida law(s)and/or Federal law(s), State and/or Federal mandates, rules, regulations related
Pagc 7
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 10 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
directly or indirectly to any and all such permitting, mitigation or any other reason that does or may impede
and/or delay Tenant from fulfilling its obligation to this Agreement.
p. Additional Improvements. Tenant may be authorized by the Authority in writing by paragraph 33, "Special
Provisions" to construct additional improvements or modifications at a later date, adheling to the requirements of
those codes, rules and regulations then in effect for the Airport.
13. Condition, Maintenance and Repairs of Leasehold and Improvements Thereto.
a. Tenant Shall Maintain. Tenant shall maintain, at its own expense, the Premises and any improvements, fixtures
or equipment on the Premises in a safe, sanitary, orderly, and sightly manner, in accordance with all applicable
codes and regulations. Tenant shall also maintain the cleanliness of all paved area on the Premises, and shall be
responsible for mowing all grass, watering lawns, controlling weeds, and maintaining shrubs and trees on the
Premises.
b. Condition of Premises. No Representations or Warranties, The Tenant has inspected the Premises and agrees
that the Premises are suitable for Tenant's proposed use. Tenant acknowledges that except as expressly set forth
in this Agreement, Authority has made no representations or warranties relating to the suitability of the Premises
for any use. The Authority shall have no obligation whatsoever to repair, maintain, renovate, or otherwise incur
any cost or expense with respect to the Premises or any of the Authority's Improvement~, furnishings or
equipment now or hereafter constructed, installed, or used on the Premises. The Authority shall have no liability
to Tenant arising out of any defect or deficiency in the Premises or any of Authority's Improvements.
c. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind erosion is present,
Tenant must promptly carry out erosion control practices to mitigate the erosion, These practices include, but are
not limited to, drainage facilities constructed and maintained by Tenant, landscaping, and/or seeding and
maintaining of vegetation on Tenant's premises. Tenant is responsible for erosion of Tenant's site only, unless
some unauthOlized, un-permitted Premise alteration results in erosion onto. any neighboring site or land.
"Neighboring" is not limited to "adjacent" site or land.
d. Repair of Damage. If the Premises, and/or improvements thereto is partially destroyed or damaged by fire or
any other casualty, then Tenant shall repair all such destruction and/or damages as soon as it is reasonably
practicable. Such repair or restoration shall commence not later six (6) months after such damage, and shall be
completed within nine (9) months thereafter, if reasonably possible. Such restoration shall be to substantially the
same condition in which the Premises or improvements thereto was before such destruction and/or damage. In
the event that Tenant has not commenced repairs within six (6) months from the date of said damage and
thereafter completed such repairs within nine (9) months or a reasonable time thereafter when conditions pelmit,
this Agreement may be ternlinated by the Authority or Collier County upon ninety (90) days actual notice of
Intent to Terminate provided by the AuthOlity to the Tenant. Tenant shall have fOUlteen (14) days after receipt of
same to deliver Tenant's response to the Authority. If no such response is delivered to the Authority within
fOUlteen (14) days, or if response is not deemed to be acceptable to the Authority, then such telmination shall be
made effective by delivering a Final Tennination Notice to Tenant, which shall be effective fourteen (14) days
after the date of receipt of such Final Termination Notice by the Tenant. Total repair of damage by Tenant may
be waived in writing by the Authority if Tenant and AuthOlity agree that total repair is not economically feasible
under the circumstances. The Pm1ies may also agree to Tenant's partial repairs of the damage.
e. Destruction of the Premises or Improvements Thereto. In the event the Premises, or improvements thereto is
completely destroyed or so badly damaged that repairs cannot be commenced within six (6) months and
completed within nine (9) months thereafter, then this Agreement may be terminated. Tenant shall provide to the
Authority written notice of Tenant's intent, either not to rebuild, or of Tenant's intent to rebuild together with
statements from all insurance companies involved, in which event if the Authority agrees to Tenant's planned
rebuilding ,Tenant shall be granted reasonable periods of time needed to rebuild.
f. Installation and Maintenance of Utilities. Collier County warrants that all utilities which are necessary for the
conduct of Tenant's activities are available on Airport property. However, Tenant shall obtain and install
underground at its own expense any necessary electrical, gas, water, sewer and any other utility service, subject to
the then current development guidelines, rules and regulations and/or building code of the State of Florida and/or
Collier County and/or the Authority. Tenant shall promptly notify the Authority of the release of any hazardous
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Immokalee Regional Airport ~ November 14. 20( 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 11 of' 0
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
substances on the Premises or other act or omission that results in the environmental contamination of the
Premises.
g. Compliance with Environmental Laws. Tenant shall comply with all applicable Environmental Laws pertaining
to the protection of the environment, including but not limited to those regulating the possession, storage,
handling, and disposal of Hazardous Materials. Further, neither Tenant nor any agent or party acting at the
direction or with the consent of Tenant shall possess, use, transport, treat, store, or dispose of any hazardous
substance as defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended from time to time (CERCLA), or petroleum (including crude oil or any
fraction thereof) on any part of the Premises or the Airport; provided however, that this sentence shall not
prohibit Tenant from storing, dispensing, or using Hazardous Materials on such Premises if such activities are
conducted in accordance with all applicable laws and regulations. Tenant shall not install any petroleum storage
tanks on the Premises or the Airport without the prior written consent of the Authority.
h. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials subject to
regulation by the EP A, or by Florida Department of Environmental Protection, or by any other governmental
Authority shall be stored or disposed of on the Airport except in accordance with applicable Federal, State
and local laws, rules and Regulations.
i. Environmental Assessment and Remediation. The costs of remediation of any and all environmental damage
or pollution then required by any law, rule and/or regulation shall be the sole responsibility of the Tenant, any or
all such damage and/or pollution existed prior to the execution of this Agreement. The Authority may for good
cause require that Tenant furnish to the Authority (or to any other governmental authority or agency) a Phase I
Environmental Assessment Report regarding the Premises, in accordance with the laws, codes and regulations in
effect at that time. Neither Collier County nor the Authority makes any promises, warranties or representations
regarding any such now existing damage or pollution except that neither Collier County nor the Authority is
aware of any such now existing damage and/or pollution. The Authority recommends that the Tenant have a
Phase I Environmental Assessment conducted because neither Collier County nor the Authority shall have any
responsibility with regard to now existing ground pollution at the Premises, if any, and the Tenant hereby
assumes all of those risks. If the Assessment should show that it would not be advisable that Tenant make
improvement to the Premises, that Report can be grounds that the parties mutually agree to terminate this
Agreement due to such pollution, or may be a basis for the pm1ies to mutually agree to try to resolve such
pollution problems whereby Tenant can reasonably proceed to make improvements to the Premises.
j. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs; including approval for a
County Sign Permit(s). The Tenant shall be responsible for all cost and expense of maintaining all such
signs. Tenant shall not erect, paint or maintain any temporary signs or advertising displays, such as banners,
balloons, flashing signboards, and/or any similar visual devices whatsoever, except to the extent that such are
then authorized by Collier County Code and by the Authority.
k. Failure to Comply. Tenant shall always be granted reasonable time to cure defaults. If the Tenant fails to
COITect the default(s) as specified by the Authority's notice within the specified peliod, the Authority may, at its
option, temlinate this Agreement with at least thirty day (30) written notice fi'om the Authority of such
tennination. Upon such termination, without further notice or demand, the Authority may enter upon and into the
Premises, and /01' any and all improvements thereto, or any part thereof, and take absolute possession of the same
fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful access
whatsoever. In addition, the Authority may also require all operations and or activities to cease and be removed
from the Airp0l1.
14. Permits and Taxes, Laws and Authority.
a. Permits and Taxes. Tenant shall pay when due all then applicable taxes, special assessments, excises, license
fees and pemlit fees of whatever nature applicable to its operation levied or assessed against the Airport, or
improvements thereto. Tenant shall take out and keep current all licenses, pelmits, and ce11ificates (City, County,
State and Federal) required for the conduct of it.;; activities at and upon the Airport, and further agrees not to
permit any of said taxes, excise or license fees to knowingly become delinquent.
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 12 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
b. Laws. Tenant at its own expense, and at no expense to either Collier County and /01' the Authority, shall fully
comply with all laws, regulations, rules, ordinances, and requirements of the applicable City, County, State and
Federal authorities and agencies which affect this Agreement, the land granted by this Agreement, any
improvements upon the Premises, and/or operations thereon. Such compliance shall be with any laws,
regulations, JUles, ordinances or requirements, which have been or may be enacted or promulgated during the
effective period of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of the
same as specified in the respective law, regulation, JUle, ordinance, or other requirement.
c. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to take those necessary
and legal actions required to safeguard any person, entity, aircraft, equipment and/or property at the Airport and
or reasonably adjacent to the airport. Tenant agrees to abide by every suspension, restriction, and/or designation
of specific procedures applicable to any or all Airport operations whenever the Authority or its designees, or any
other governmental authority or agency (such as the FAA) may impose any of the same.
15. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or delegate any right or
duty granted by this Agreement, nor the Premises, including improvements constructed or occupied in accordance with
this Agreement, all of the same shall be void ab initio absent prior express written consent of the Authority, which
consent shall not be unreasonably withheld. The Authority may condition such consent upon an increase in the Rent up
to the then existing fair market value, and may require other conditions or covenants before consenting to any of the
same. Such additional rent, conditions or covenants shall be in accord with the terms and conditions for similar
agreements in effect at the Airport at the relevant time(s). If this Agreement is assigned, sub-subleased, or otherwise
transferred or delegated, all clauses herein binding the parties hereto are also binding on any and all successors and/or
assigns, unless specifically authorized in writing by the Authority. No novation shall be authorized unless expressly
approved by the Authority and Tenant shall have a heavy burden proving actual necessity for any partial or whole
novation.
16. Default and Termination.
Definition. If the Authority detemlines the Tenant is in violation of any of the terms, conditions or covenants of this
Agreement, or the Tenant fails to pay, any rent, fee or charge when due, any such failures shall be considered a Material
Default of this Agreement. Each Material Default grants to the non-defaulting party sufficient cause to telminate this
Agreement.
a. Written Notice Required. The Authority's Executive Director shall provide the Tenant with written notice of
any determination of default provided Tenant has then informed, in writing, the Authority's Executive Director of
- Tenant's then con'ect mailing address. The written notice shall always grant Tenant a reasonable time to cure the
default(s), and Tenant may request additional time to cure, which will not be unreasonably withheld or denied.
Notice shall be deemed to have been actually received by Tenant if (1) the Executive Director mails such notice
to the Tenant's la"t known mailing address irrespective of whether Tenant actually receives such notice, or (2)
such notice is posted on the Premises. This notice provision does not apply to any late payment of a rent, fee
and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant. Every such notice
shall be deemed to be continuing notice. This subparagraph is in addition to paragraph 29,
b. Compliance Time. Except as stated elsewhere in this Agreement regarding the respective specific default,
Tenant shall then have ten (10) working days to cure or remedy said default or otherwise comply with any
demand contained within such written notice which cures or remedies the default, provided, however, if such
failure cannot be corrected within that peliod, it shall not constitute a Default if the failure is susceptible to being
corrected and if the Tenant initiates curative action within that period and diligently pursues it until the Tenant
corrects the failure within a reasonable period of time. This notice provision does not apply to any late payment
of any rent, fee and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant.
Every such notice shall be deemed to be a continuing notice. This subparagraph is in addition to paragraph 29.
c. Failure to Comply. If the Tenant fails to correct the default(s) as specified by the Authority's notice within the
specified period, the Authority may, at its option, terminate this Agreement with a thirty day (30) written notice
to terminate. Upon such termination, without further notice or demand, the Authority may enter upon and into
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 13 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
the Premises, and /01' any and all improvements thereto, or any part thereof, and take absolute possession of the
same fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful access
whatsoever. In addition, the Authority may also require all operations and or activities to cease and be removed
from the Airport.
d. Non-Waiver of Rights. Continued performance by either party hereto pursuant to any provision of this
Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this
Agreement for any subsequent default. and no waiver of any such default shall be construed or act as a waiver of
any subsequent default irrespective of how long the default may have existed.
e. Agreement Remains Binding. All provisions of this Agreement remain binding upon the Tenant while the
Tenant is in default, and if this Agreement is terminated due to default by Tenant.
17. Airport Development. The Authority reserves the right to further develop the Airport as it sees fit, without
unreasonable interference or hindrance from Tenant.
a. Partial Relocation, Removal and/or Alteration. If development of the Airport actually necessitates the partial
relocation, partial removal or partial alteration of Tenant's improvements, operations or activities from the
Premises, Collier County may amend this Agreement or, if necessary, terminate this Agreement and negotiate in
good faith with Tenant to accommodate Tenant's desires regarding another then existing and available suitable
premises at the Airport. To the greatest extent commercially practicable, Collier County and the Authority will
use their best efforts to avoid or reduce any and all such necessity. Tenant shall be granted full or p3liial
abatement ofrent to the extent Tenant's activities are hanned by such development.
b. Notice of Partial or Total Taking. [n the case of a total taking by Collier County of the areas authorized for
use by this Agreement, the Authority will provide Tenant with notice as soon as possible - a minimum of ninety
(90) days notice - of such impending action. In the event of such a total taking, Tenant's obligation to pay rent
and other charges shall te1l11inate on the date of the taking.
c. Actions in the Event of Total Taking. In the case of a total taking, both parties hereto agree that the value of
this Agreement shall be declared to be zero dollars ($0.00). The then current original cost depreciated value
("'FMV") of Tenant's Building and/or Tenant's other improvements will be determined by two independent
appraisals (one retained and paid for by Authority and the other retained and paid for by Tenant. To the greatest
extent than allowed by law, Tenant shall be paid the average of those two (2) appraisals provided the two (2)
appraised values are within twenty percent (20%, of each other. If not, a third appraisal shall be acquired and the
costs of the third appraisal shall be shared equally by Authority and Tenant. If a third appraisal is acquired, its
appraised value shall control the FMV provided its appraised value does not exceed the highest appraised value
of the other two (2) appraisals. It the third appraisal exceeds the highest of the other two appraisals, the
controlling value shall be the average of the three (3) appraisals. The value of the Building will be determined by
an independent appraisal at the then existing Fair Market Value. The Tenant will have the option of receiving the
then existing FMV of the building or sub-leasing a similar then existing and then available building, if any, at
another site and entering into a new agreement at the land lease rate equal to the te1l11S of this Agreement and Fair
Market Value of the other building.
18. Amendments to the Agreement or Exhibits. Neither this Agreement nor any Exhibit shall be altered, changed or
amended except by an amendment properly executed by the Authority and Tenant.
19. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent
jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision,
which shall remain in full force and effect.
20. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground operations on and above the
surface of the Airport, when conducted in accordance with the then existing Federal Aviation Regulations, together
with the right to cause such noise, odors and other disturbances as may be inherent in such operation.
21. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil, hydrocarbon and mineral
rights in and under the surface of the AirpOli. However, the Authority shall not conduct any operations on the sunace
of the Airport for the exploration, development or recovery of the rights and substances reserved which would
unreasonably intetfere with the Tenant's authorized use of the Premises and/or Tenant's other then existing rights to
have access to other pmis of the Airport.
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Immokalee RegIOnal. Airport November 14, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 14 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
22. Easements and Right of Way.
a. Existing Easements. This Agreement is subject to all existing right-of-ways and/or easements of record and all
other easements granted by the Authority or Collier County to any other agreements or to other individuals and/or
entities at the Airport, and to easements retained by Collier County,
b. Authority's Right to Use Existing Easements. The Authority and Collier County retain the right to locate
utilities as necessary on existing and future utility easements on the Airport provided the same does not
unreasonably interfere with authorized operations and lor authorized activities of Ten ant.
c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airport open and unobstructed,
A perpetual easement and right-of-way for the construction, maintenance, removal and replacement of any and
all utility lines, manholes, and related facilities through, over, across and under the Airport is hereby reserved for
the benefit of the Airport, Collier County and the Authority.
d. Authority's Right to Establish Easements. Collier County and or the Authority may at any time and from
time-to-time relocate, in whole or in part, any easement serving the Airport, provided that such relocation does
not diminish or permanently intel11lpt the rights or operations of the Tenant nor increase the costs to be incurred
by Tenant. The Authority may temporarily interrupt operations and/or activities with respect to such Easements
during the period of relocation, and the Authority agrees to restore the Airport to a condition substantially similar
to the condition existing prior to any alterations thereto by the Authority. No such intel11lptions shall be of a
greater duration than is reasonable under the circumstances.
e. Authority's Right to Protect Aerial Approaches. The Authority reserves the right to take such action as, in the
judgment of the Authority, may be reasonably necessary to establish and protect aerial approaches to the Airport
against obstruction, including the right to prevent persons from erecting or pernlitting to be erected any
improvements on the Airport which would constitute a hazard to aircraft. This includes Florida law, including
Chapters 332 and 333, Florida Statutes, as now exist or may be amended andlor superseded, and all then existing,
applicable Federal laws, rules and regulations.
23. Security and Safety. Tenant will fully and freely participate in the Authority's security and safety programs as
they relate to the Airport.
24. Airport Access. Subject to the rules and regulations established from time-to-time by the Authority, the Tenant has
the right of free access, ingress to and egress from those parts of the Airport authOl;zed for the Tenant's use by this
Agreement. Such access also applies to the Tenant's employees, agents, patrons and invitees, its suppliers of materials
and furnishings of services and it,> equipment, vehicles, and machinery. The Authority may, at any time, temporarily
or pernlanently close or consent to the closing of any roadway or other right-of-way for such access, ingress, and any
other area at the Airport or in its environs presently or hereafter used as such. In such a case, a means of access,
ingress and egress reasonably equivalent to that formerly provided may be substituted and concurrently made available
subject to the AirpOliS security and operational needs.
25. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that it shall have no claims whatsoever
against the Authority for any damages incurred by Tenant or any other person arising or occasioned by Tenant's
inability to access or use the Premises or Tenant's improvements thereon, for whatever reason, provided such inability
to access is caused solely by wholly unjustified action or wholly unjustified inaction of the Authority. Tenant agrees
that its sole remedy against the Authority for loss of use of the Premises and Tenant's improvements, regardless of the
reason for such loss of use or the duration thereof, shall be an abatement of the rentals due hereunder, or cancellation of
the term of this Agreement and reimbursement for the Fair Market Value of the improvement,> as detemlined by an
independent appraiser. If such inability to access or use the Premises or Tenant's improvements thereon was the fault
of the Authority and such period exceeds thirty (30) days, the parties agree that the Ternl of this Agreement shall be
extended by the number of days that Tenant was unable to access or use the Premises or Tenant's improvement,>.
26. Authority's Right to Enter. The AuthOl;ty, its officers, agents and representatives, subject to any security regulations
imposed by any governmental authority, shall have the right to enter all parts of the Premises at reasonable hours when
Tenant or Tenant's representative is present, to inspect the same when reasonably required and as it may deem
necessary or desirable.
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Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
27. Operational Reports. At no cost to the Authority, Tenant agrees to submit to the Authority, upon written request by
the Authority any report or reports or infOlmation regarding Tenant's operations and/or activities at the Airport, The
Authority agrees to receive from Tenant, upon request by Tenant, any reports the Tenant deems appropJiate for the
purpose of keeping the Authority infonned of any operational problems and of any suggested improvements at the
Airport. "Report" or "infom1ation" refers to documents, papers, plans, etc, that are in the possession of Tenant or
possession of which is reasonably obtainable by Tenant This provision does not require Tenant to write or compose
any such Report or information,
28. Automobiles and Other Vehicles. The Authority reserves the exclusive right to control, by security gate, unifonn
driving regulations, or otherwise, all vehicular ingress and egress to, and operations on, the aircraft operating areas
including but not limited to all taxiways, runways and ramp areas on the Airport.
29. Attorney's Fees. Authority and Tenant agree that if either is found by a court to have breached this Agreement,
reasonable attoll1ey's fees and all costs (expenses) of litigation, including all appeals, remands, etc, fees and costs,
expert witness fees and costs, etc., shall not be recoverable from the losing party or otherwise, Each party shall be
responsible for all of its costs and fees,
30. Subordinate Clause. This Agreement is and shall be subject and subordinate to the provisions of any existing or
future agreement, ordinance or other action between the Authority and Collier County and/or any Boards, Agencies, or
Commissions relative to the ownership, operation or maintenance of the Airport, However unless the Authority has no
discretion, the same shall be applied to the Tenant only to the extent same do not unreasonably interfere with the
authorized operations and/or authorized activities of Tenant. The burdens of proof and persuasion shall be on the
Tenant
31. Termination of Agreement. At the conclusion of the Agreement's Te1l11, the facility and any improvements to the
Premises automatically becomes the property of Collier County upon such tem1ination, and without fwiher notice or
demand the Authority may enter upon and into the Premises, which includes all improvements thereto, or any part
thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be deemed to
constitute any trespass or any other unauthorized entry, In addition, the Authority may also require all associated and
permitted operations to cease and be removed from the Premises. This paragraph shall not apply to Tenant's trade
fixtures and/or Tenant's equipment provided each of the same can be physically removed by Tenant without physical
damage to the Premises, building and/or structure, and each item is removed from the Premises prior to a scheduled
Termination date of this Agreement If the Te1l11ination date of this Agreement is not scheduled (not known to Tenant
unless and until Tenant receives written Notice of the Tennination date from the Authority's Executive director),
Tenant shall have thirty (30) days to remove the items after the date of Tenant's receipt of such Notice.
32. Event of Holding Over, Holding Over constitutes an Extension of the Term of this Agreement In the event the
Authority approves in wtiting any Holding Over by the Tenant, all provisions of this Agreement shall remain in full
force and effect and the Tenant shall continue to pay all amounts required to be paid by it to the Authority in
accordance with the tell11S and conditions applicable herein together with a fair market rental on any improvements
located thereon to the end of the Tenant's occupancy or until such time as a new Sub-lease is negotiated or the tenancy
at will is tenninated by the Authority.
33. Special Provisions. Original Exhibit "E," lists the Special Pati Two Provisions, if any, (If there are "None,"
specify "NONE.) All amendments to this Agreement and/or any other Exhibit shall be depicted on the applicable
Revised Exhibit "E," including text of each amendment and the effective date, If the amendment amends text that
then exists in this Agreement (or in another Exhibit) shall be depicted by strike-thrus and underline format. If the
amendment only inserts new text into this Agreement (or into another Exhibit), the amendment shall clearly
specify all added text The purpose of these Exhibits "E" is to facilitate understanding how this Agreement differs
from the Authority's Pali Two Standard Form Sub-lease as of the Execution Date. The purpose of Revised
Exhibits "E" is to make a comprehensive and cumulative history of all amendments to this Agreement Each party
to each Revised Exhibit "E" must affix his/her initials and date of affixing initials to each page of each Revised
Exhibit E.
34, Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as applicable, Federal Laws.
Page 13
(Tenant's Initials)
Y:\lmmokalee Regional AirportILeasesIC-TechIC-Tech lease - master copy II-OI-06,doc
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C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
35. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding this Agreement shall
be conducted in the applicable Florida Court(s) in Collier County to the greatest extend the issues are within the
Court's jurisdiction.
36. Legal Advice. Each party to this Agreement has relied upon legal advice from its own attorney and, therefore,
nothing in this Agreement shall be construed against any part.
37. Cooperation. Collier County, the Authority and Tenant agree to fully cooperate in good faith regarding this
Agreement and otherwise; and
38. Time is of the Essence. Through this Agreement, time is always of the essence.
39. Exhibits. Exhibits A, B, C, D and E are attached and made part of this Agreement:
A. EXHIBIT "A": LEGAL DESCRIPTION OF PREMISES.
B. EXHIBIT "B" RISK MANAGEMENT AND INSURANCE REQUIREMENTS.
C. EXHIBIT "C" SITE DEVELOPMENT PLAN LETTER OF UNDERSTANDING (SDP LOU)
D. EXHIBIT "D" TENANT'S PROPOSED IMPROVEMENTS
E. EXHIBIT "E" SPECIAL PROVISIONS* (AND FUTURE AMENDMENTS)
IN WITNESS WHEREOF, The Collier County AirpOlt Authority and Tenant have executed this Agreement to be in
effect as of the date first written below.
,'-
Executed on this date
Approved by Purchasing by
this _ day of
Approved by Risk Management by
this _ day of
ATTEST: TWO WITNESSES
COLLIER COUNTY AIRPORT AUTHORITY
By:
Stephen L. Price, Chairman
FIRST WITNESS
Print Name
SECOND WITNESS
Print Name
ATTEST:
DWIGHT E. BROCK, Clerk
APPROVED BY:
BOARD OF COUNTY COMMISSIONERS,
Page 14
(T enant's Initials)
Y:llmmokalee Regional AirportlLeaseslC- TcchlC-Tech lease - master copy] 1-01-06.doc
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 17 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
Frank Halas, Chairman
Approved as to fonn and Legal suftlciency:
By:
Thomas C. Palmer, Assistant County Attorney
ATTEST: TWO WITNESSES
C-TECH MANUFACTURING FLORIDA LLC
By:
FIRST WITNESS
Ralph Carter. President
(Corporate Seal)
Print Name
SECOND WITNESS
Print Name
Page 15
(T enant's Initials)
Y :11 mmokalee Regional AirportlLeaseslC- T echlC- Tech lease - master copy 11-0 I-06.doc
^ ..... 1+ A'" ~ ,-.,-.. ')
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 18 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "A"
Survey of sub-leased area to reflect 653,400 square feet of land.
Tenant must provide a survey within thirty (30) days of executing this Agreement.
Final approval of the survey is subject to written approval by the Authority.
Page 16
(T enant's 1 nitials)
Y :\1 mmokalee Regional Airport\Leases\C- T eeh\C- Teeh lease - master copy II-OI-06.doc
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. Immokalee Regional Airport r\lovember 14,2006
TradePort Manufacturing License and Sub-Lease Agreement - October 200&age 19 of 30
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
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LEASE CORNER
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Eaclll.c;:Jse Corner is denoled \-vilh a North and Enst coordinate value representing the North and
E"ot Stale Plane Coordinate (SPC) value, Florida Ea't Zone (090]), based on the Norlh American
Datum of 19lB (NAD IB) and is lied into NGS Primary Airport Control Stations (J'ACS)
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GRAPHIC SCALE IN FEET
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EXHIBIT "A"
PRELIMINARY SITE PLAN
C- TECH LEASE AREA
6
(Tenant's Initials)
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Page 17
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Immokalee Regional Airport November 14, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 20 of' 0
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "B"
Collier County Risk Management Insurance Requirements
,-
(Tenant's Initials)
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Page 18
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 21 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
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EXIHBIT "B"
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Check)
X Workers' Compensation Statutory limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X Employer's Liability $500,000 X $1,000,000
Commercial General $500,000 per occurrence $1,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damage damage
X Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
X Property Insurance X Replacement Cost- All Risks of loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the Contractor/Vendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
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
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests mav appear.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport liability where required.
FORM 8- Lease of Land and Facilities/High Hazard or Long Term/Aviation Related
(Tenant's Initials)
C :\AdL ib eXpress\! nput\Agenda. BCe AG EN D A.28435.doe
Page 19
^';;....il~:::l~VII"; v"~S:'3
Immokalee Regional Airport November 14, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 22 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "C"
SITE DEVELOPMENT
LETTER OF UNDERSTANDING (SDP LOU)
Page 20
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\C- Teeh\C- Tech lease - master eopy 1l-01-06.doc
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Immokalee Regional Airport . '''t~;:e~;b~r' 14, 20 16
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 23 of ,0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
LETTER OF UNDERSTANDING
BY AND BETWEEN C-TECH MANUFACTURING FLORIDA, LLC
AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR THE
COORDINATION, SUBMITTAL, REVIEW AND RESPONSE OF THE SITE
DEVELOPMENT PLAN PROCESS FOR A 196,000 SQUARE FOOT
MANUFACTURING FACILITY DEVELOPMENT AT THE IMMOKALEE
REGIONAL AIRPORT/TRADEPORT
PURPOSE: The purpose of this Letter of Understanding ("LOU") is to set forth, defme, and
establish mutual agreements, understandings and obligations by and between the Collier County
Airport AuthOlity ("Authority") and C- Tech Manufacturing Florida, LLC for the coordination,
submittal, review and response of the Site Development Plan ("SOP") process for a 196,000 square
foot manufacturing facility at the Immokalee Regional Airport/Tradeport ("Airport").
C- TECH MANUFACTURING FLORIDA. LLC submitted a response to a Request for Proposal
for development at the Immokalee Regional Airport to sub-lease approximately fifteen (15) acres of
land at the Airport and to develop thereon a 196,000 square foot manufacturing facility.
THE COLLIER COUNTY AIRPORT AUTHORITY is a Public Body existing under Collier
County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite I, Naples,
Florida, 34114. The Authority is charged with the operation and maintenance of the Airport.
Now, therefore, it is hereby agreed as follows:
1. Tenant will enter into and execute a sub-lease agreement between the Authority and Tenant
within forty-five (45) days of the execution of the LOU.
2. Tenant will submit to the Authority two (2) copies of the dimensions; height and footprint
for the proposed 196,000 square foot facility, within thirty (30) days of this LOU.
3. Tenant shall coordinate all SOPs, submittals, and responses with the Authority and the
Authority's designated Engineer, URS, whose contact information is as follows:
Andres Guitierrez
URS Corporation
7650 Corporate Center Drive, Ste 400
Miami, FL 33126-1220
Tel: 305-262-7466
Fax: 305-261-4017
Andres _gutierrez@urscorp.com
4. The Authority and/or the Authority's designated Engineer will coordinate the Phase I
Environmental Report for the referenced sub-leasehold Premises. Tenant will reimburse the
Page 21
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\C-Tech\C-Tech lease - master copy 11-01-06.doc
^ oM I~ A~ 3
Immokalee Regional Airport '~'N;;e~b~r 14, 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 24 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Authority and/or the Authority's designated Engineer for Phase I Environmental Report at a
not to exceed amount of $3500.00.
5. The Authority and/or the Authority's designated Engineer will submit a Federal Aviation
Administration Form 7460-2 "Notice of Actual Construction or Alteration" within thirty
(30) days of the receipt of the dimensions; height and footprint for the proposed 196,000
square foot facility.
6. Tenant shall submit a complete SOP application package to include plans and specifications
in the form required by the Collier County Community Development and Environmental
Services Department (CDES) with the required number of copies to the Authority and/or the
Authority's designated Engineer within ninety (90) days of the execution date of this LOU.
7. The Authority and/or the Authority's designated Engineer has agreed to apply to the South
Florida Water Management District ("SFWMD") for a modification to the Authority's
SFWMD permit #11-00999-S dated April 192005, for the proposed development at the
Immokalee Regional Airport within thirty (30) days of the receipt of the SOP from the
Tenant.
8. All other required submittals for the SOP process shall be submitted within the required
time lines requested by the Authority and/or the Authority's designated Engineer and CDES.
9. Upon initial review of the amended SOP submitted to CDES all comments must be
addressed by the Tenant within ten (l0) days of the first (I st) review response and returned
to the Authority and/or the Authority's designated Engineer for resubmittal. Any comments
not completely addressed within the ten (10) days by the Tenant will be cause for Tenant's
project to be removed from the SOP process.
10. Upon second (2nd) review if the Amendment to the SDP is returned with additional
comments, all comments must be returned to the Authority and/or the Authority's
designated Engineer within ten (10) days of the second (2nd) review response and returned to
the Authority and/or the Authority's designated Engineer for resubmittal.
11. If Tenant fails to submit such plans and specifications in the form or within the time
required Tenant will be in default of the Agreement.
COLLIER COUNTY AIRPORT AUTHORITY:
Date:
Stephen L. Price, Chairnlan
C-TECH MANUFACTURING FLORIDA, LLC
Page 22
(Tenant's Initials)
Y:\lmmokalee Regional Airport\Lcases\C-Tech\C- Tech lease - master copy 1I-01-06.doe
^ \ I 1 A r~3
Immokalee Regional Airport ''-1 N~ve~b~r 14,2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 25 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Date:
Ralph Carter, President
Approved as to form and legal sufficiency:
Thomas C. Palmer, Assistant County Attorney
Page 23
(Tenant's Initials)
Y:\lmmokalee Regional Airport\Leases\C-Tech\C- Tech lease - master copy It-Ot-06.doc
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 26 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "D"
TENANT'S PROPOSED IMPROVEMENTS
Page 24
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 27 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "0"_ Tenant's Proposed Improvements
C-TECH MANUFACTURING FLORIDA,.LLC
4532 TAMIAMI TRAIL E" SuITE 101
Ni\.PLES, FL 34112
239 825 0735 239 595 1584
MARKET ANALYSIS & BUSINESS PLAN
The Company has not done a formal analysis to determine the need for our product
because one of its primary goals is to meet the demand for "Affordable Housing", Our
Factory will be 280' x 700' or 196,000 square feet, located on a parcel of land of
approximately 15 acres See attached front elevation plan and site plan. It will have two
production lines set up to manufacture the various products. depending upon demand.
One line will concentrate on building homes to meet the needs under affordable housing
guidelines and the other line will be used to back up the first but also will build custom
designed homes, Commercia] and Industrial Buildings. single story or multi story, and
with many other applications being considered, Even though we have tried to maintain a
low profile, our people have been offered tracts ofland in Florida and several other states
at no cost in order to assist in providing affordable housing. Most every elected official
and business person in our area realizes the need for affordable housing and are having
difficulty finding applicants for job opportunities due to our high cost of housing in this
area.
Our financial projections are under the assumption there is more demand for low cost
housing than our factory will be able to handle, even though we expect to produce up to
15 "typical" homes daily, a 3 bedroom 2 bath home with about 1670 SF ofliving area
plus a double garage. During our first ye3.r of production, we project delivery of 150
homes the first month and 300 homes monthly thereafter. These homes will meet or
exceed the requirements of the South Florida Building Code and can be deli,'ered to
home site within 30 days of order. Our products will be sold for about 65% of the cost of
building a similar size home at the site, They will be available only thru approved
General Contmetors to insure that our standards and specifications are met.
The Company will provide approximately 200 new well p3.ying jobs at competitive
wages & benefits in an air conditioned plant with no environmental hazards and ecology
friendly, since there will be only a small amount of wood products in the homes. I am
enclosing a booklet prepared by Rheaume Family Foundation, LLC and C-Tech
Manufacturing WorldlNide, LLC, which describes in detail the actual construction
method to be used in the Factory. The Factory will be constructed by using this method
and we expect to complete it within 180 days after starting.
Page 25
(Tenant's Initials)
Y:\I mmokalee Regional Airport\Leases\C- Tech\C-T eeh lease - master copy I J -0 1-06.doc
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 28 of 0
Collier County Airport Authority, Sub-Lessor (Authority)
C-Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
Exhibit "0" - Tenant's Proposed Improvements (Continued)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 29 of ,'0
Collier County Airport Authority, Sub-Lessor (Authority)
C- Tech Manufacturing Florida LLC, Sub-Lessee (Tenant)
EXHIBIT "E" - ORIGINAL
SPECIAL PROVISIONS
Special Provisions are provision that as of this Agreement's Execution Date differ from the applicable standard
form provisions. They are:
[If "None" state "None."]
*******************************************************
[- EXAMPLE -]
REVISED EXHIBIT "E" - 1 ST REVISION
Amendments
First Amendments to this Agreement, effective on the ~ day of
,2
: are:
,etc.
A TTEST: TWO WITNESSES
C-TECH MANUCACTURING FLORIDA LLC
By:
FIRST WITNESS
Ralph Carter, President
(Corporate Seal)
Print Name
SECOND WITNESS
Print Name
Page 27
(Tenant's Initials)
Y:\lmmokalee Regional Airport\Leases\C- Tech\C- Tech lease - master eopy II-OI-06.doc
Agenda Item No. 16G3
November 14, 2006
Page 30 of 30
RESOLUTION NO. 06-42
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDING
THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AND
AUTHORIZE ITS CHAIRMAN TO EXECUTE A FORTY (40) YEAR SUB-LEASE AGREEMENT
AT AN INTITIAL RENT OF TEN CENTS ($0.10) PER SQUARE FOOT WITH C-TECH
MANUFACTURING FLORIDA, LLC TO CONSTRUCT A MINIMUM 196,000 SQUARE-FOOT
MANUFACTURING FACILITY ON A MAXIMUM OF FIFTEEN AND THREE TENTHS (15.3)
ACRES OF LAND AT THE IMMOKALEE REGIONAL AIRPORTffRADEPORT
WHEREAS, the Collier County Airport Authority C"Authority"), pursuant to County Ordinance
2004-03, as amended, manages, operates and maintains the lmmokalee Regional Airport/Tradeport
("Airport"); and
WHEREAS, Florida law requires the Authority solicit bids for non-aviation related commercial
development at the Airport; and
WHEREAS, the Authority, according to County Purchasing Policy, solicited Requests for Proposal
(RFP) for "Commercial Development and Use at the lmmokalee Regional Airport Pursuant to Airport Land
Lease Agreement(s);" and
WHEREAS, C-Tech Manufacturing Florida, LLC ("C-Tech") submitted its Proposal to
construct a minimum 196,000 square-foot manufacturing facility on a maximum of fifteen and three tenths
(15.3) acres ofland at the lmmokalee Regional Airport/Tradeport, which Porposal has been selected for
negotiation of proposed development and terms; and
WHEREAS, the Authority and C-Tech negotiated a forty (40) year term at ten cents ($0.10) per
square foot and all additional provisions of the Sub-Lease Agreement; and
WHEREAS, the Authority & C-Tech Manufacturing Florida, LLC desire that the Board of County
Commissioners execute the subject Sub-Lease Agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the Authority hereby recommends that the Collier County Board of
County Commissioners approve and authorize its Chairman to execute subject attached forty (40) year Sub-
Lease Agreement at an initial rent often cents ($0.10) per square foot with C-Tech Manufacturing Florida,
LLC to construct a minimum 196,000 square-foot manufacturing facility on a maximum of fifteen and
three tenths (15.3) acres ofland at the Immokalee Regional Airport/Tradeport.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport
Authority this 9th day of October 2006.
ATTEST:
~
Theresa M. Cook, Executive Director
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
By: c;)
Stephen L. Price, Chairman
Approved as to form and legal sufficiency
10~~~
Tom Pal er, Assis t County Attorney
Y:\AdministrationlAA Board\Resolutions\2006 Resolutions\Res 06-42 C-Tech.doc
Agenda Item No. 16G4
November 14, 2006
Page 1 of 31
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners
approve and authorize its Chairman to execute a thirty-five (35) year Sub-Lease
Agreement between the Collier County Airport Authority and Robert Forbis,
Inc. d/b/a Premier Electric at an initial rent of Forty Eight Thousand Three
Hundred Fifty-One Dollars and Sixty Cents ($48,351.60) per year for the
construction of a minimum 35,000 square foot assembly, packaging,
warehousing and distribution facility on eleven and one tenth (11.1) acres at
the Immokalee Regional AirportlTradeport.
OBJECTIVE: It is the Collier County Airport Authority's (Authority) objective that the
Collier County Board of County Commissioners approve and authorize its Chairman
to execute said Sub-Lease Agreement between the Authority and Robert Forbis, Inc.
d/b/a Premier Electric.
CONSIDERATIONS: As required by Florida law, the Authority solicited bids for non-
aviation related commercial development at the Immokalee Regional
AirportlTradeport (Airport). Robert Forbis, Inc. d/b/a Premier Electric submitted a
proposal to construct a minimum 35,000 square-foot assembly, packaging,
warehousing and distribution facility on eleven and one tenth (11.1) acres at the
Airport.
.-
The Authority and Robert Forbis, Inc. d/b/a Premier Electric negotiated a thirty-five
(35) year Sub-Lease Agreement at an initial rent of ten cents ($0.10) per square foot
per year for the total sub-leased area (483,516 square feet), which equates to Forty
Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60) for
the initial year.
FISCAL IMPACT: No fiscal impact is anticipated for FY2007. Rent will commence
on the first day of the first full month following the issuance of a Certificate of
Occupancy for the completed assembly, packaging, warehousing and distribution
facility.
GROWTH MANAGEMENT IMPACT: The growth management impact associated
with this Executive Summary will be addressed in the Site Development Plan
process.
RECOMMENDATION: That the Collier County Board of County Commissioners
approve and authorize its Chairman to execute the attached thirty-five (35) year Sub-
Lease Agreement between the Collier County Airport Authority and Robert Forbis,
Inc. d/b/a Premier Electric at an initial rent of Forty Eight Thousand Three Hundred
Fifty-One Dollars and Sixty Cents (48,351.60) for the construction of a minimum
35,000 square-foot facility on eleven and one tenth (11.1) acres at the Immokalee
Regional AirportlTradeport.
--,
Prepared by Theresa M. Cook, Executive Director, Collier County Airport Authority.
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16G4
November 14, 2006
Page 2 of 31
16G4
Recommendation thai tr,e Collier County Board of County Commissioners approve and
authorize Its ChaIrman to execute a thirly.flve (35) year sub~lease agreement between the
Collier County AIrport Authority and Robert Forbis. Inc. d/b/a Premier Electric at an initial rent
of Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60) per
year for the construction of a minimum 35,000 sauare foot assembly, packaging,
warehousing and distribution facility on eleven and one tenth (11,1) acres at the Immokalee
RegIOnal AirportlTradeport
11/14/2006900:00 AM
Date
Approved By
Theresa M. Cook
County Manager's Office
Executive Director
Airport Authority
11/1/20064:39 PM
OMB Coordinator
Date
Approved By
County Manager's Office
Administrative Assistant
Office of Management & Budget
11/21200612:05 PM
Randy Greenwald
Date
Approved By
County Manager's Office
Management/Budget Analyst
Office of Management & Budget
11/6/20062:23 PM
Michael Smykowski
Date
App roved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
11/612006 2:37 PM
App roved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
111612006 2:54 PM
Immokalee Regional Airport "~N~:e;b~/;~, 1=;~
TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 3 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis, Inc., DBA Premier Electric, Sub-Lessee (Tenant)
WHEREAS, the Collier County Airport Authority, Sub-lessor, {hereinafter referred to as "Authority"), a Public body
existing under Collier County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1,
Naples, Florida, 34114 is charged with the operation and maintenance of certain real properties known collectively as
the Immokalee Regional Airport (hereinafter referred to as "Airport") in Collier County, Florida; and,
WHEARAS, the Authority leases the Airport from the Collier County Board of County Commissioners, the Authority is the
Sub-lessor and Robert Forbis, Inc. d/b/a Premier Electric (hereinafter referred to "Tenant") is a Sub-lessee; and
WHEREAS, Collier County, through the Authority, maintains designated areas on the Airport specifically to lease said
areas to aviation and non-aviation related businesses, entities or individuals to develop the Airport and its infrastructure for
the benefit of the general aviation community and the citizens of Collier County; and
WHEREAS, Tenant desires to sub-lease that portion ofreal property as described in Exhibit "A" attached, on the Airport
for the purpose of furthering the Tenant's assembly, packaging, warehousing and distribution business interests; and
WHEREAS, the Authority is willing to sub-lease that portion of real property as described in Exhibit "A" attached, and the
Authority and Tenant (hereinafter referred to collectively as the "Parties") desire to execute a written sub-lease agreement
(hereinafter referred to as "Agreement").
NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable
consideration, the following is agreed:
PART ONE OF TWO PARTS
Paragraphs 1 through 6 are unique to these Premises:
1. The Premises.
a. The Premises Described. The Authority hereby sub-leases to the Tenant eleven and one tenth (11.1) acres of
real property, approximately located in the NE corner of Quadrant # 3 of Section T.47.S and R,29.E of the
United States Geological Survey, with Florida State Plane Coordinates as follows: N-759685.255, E-
524689.890; N-760155,729, E-524680.279; N-760426.455, E-524672.106; N-760458.845, E-525500.91l; N-
760438.850, E-525586.993; N760093,761, E-525457.121; N-760085.090, E-525182.153; N-759910.186, E-
525187.669; N-759696.937, E-525060.326 within Collier County, State of Florida, described in Exhibit "A"
attached hereto and incorporated herein by this reference, together with the approximately depicted easement for
ingress and egress to the property (collectively hereinafter refetTed to as "Premises"). This is an approximate
description. Tenant shall be required to submit an official land survey to the Authority within sixty (60) days of
the execution date of this Agreement, which survey shall depict the leased Premises. Final approval of the survey
and the exact boundaries of the access easement are subject to written approval by the Authority. This
Agreement shall have no force or effect until the Authority has actual physical possession of one (1) original of
this Agreement (including all Exhibits) fully signed by the Tenant (with two attesting witnesses), fully signed on
behalf of the Authority (with two attesting witnesses), signed as "approved to form and legal sufficiency" by an
attorney employed by the County Attorney, and signed by the Chairman of the Collier County Board of County
Commissioners ("BCC"), and witnessed by the Deputy Clerk (which execution by the BCC is to only to prove
that this Agreement has been approved by the BCe. The date the Agreement is fully executed by the Chairman
of the Collier County Board of County Commissioners is refetTed to in this Agreement as the "Execution Date."
2. Terms.
a. Initial Agreement Term. The tellli of this Agreement shall be thiliy (35) years (hereinafter "Agreement Term")
commencing on the "Commencement Date," as hereinafter defined, and tenninating thirty five (35) years after
that Commencement Date. The Commencement Date shall be the first day of the first full month following the
issuance or receipt of a certificate of occupancy for the completed assembly, packaging and distribution facility in
Phase 1 that Commencement Date being the _ day of , 200 . The termination date shall be
the last day of that month in year 20_. (The Parties acknowledge that the missing information shall be added
upon receipt of said Celiificate of Occupancy, which added infonnation shall be initialed by an authorized
representative of the Tenant and by the Authority's Executive Director.) Possession of the Premises by the
Tenant shall be deemed to begin on the Execution Date of this Agreement even if the Tenant is not actually then
in possession of the Premises. Collier County Ordinance No. 2004-03, as amended, provides that only the
Collier County Board of County Commissioners is authorized to agree to any extension of the Agreement Term
of this Agreement.
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 4 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
b. This Agreement is Contingent upon proof of Loan CommitmentlFinancial Ability to Construct. This
Agreement is contingent upon the Tenant providing to the Authority a document which is acceptable to the
Authority and which provides proof of Tenant's legal identity as individual or corporate financial ability to
construct all of Tenant's improvements in all three (3) phases. The proof of financial ability shall be in the form
of a loan commitment and/or a letter of credit or an escrowed cash payment for all costs to complete, from an
acceptable financial institution. Acceptance of the financial institution shall not be unreasonably withheld by the
Authority. Proof must be provided within ninety (90) days of the Execution Date of this Agreement.
3. Permitted Uses. Tenant shall have use of the Premises only for the construction of assembly, packaging warehousing
and distribution facilities. No building or land shall be used except for the assembly, packaging, warehousing and
distribution products of Tenant or assignees or sub-sub-lessees approved pursuant to paragraph 15 hereof,
recognizing that each use and structure must still be properly permitted by Collier County through a Certificate of
Occupancy or occupational license, as the case may be. Moreover, no use and lor occupancy shall disturb the peaceful
enjoyment of any other tenant at the Airport, and all uses and occupancy shall always conform to all then current (as
then revised or superseded) laws, standards, rules, regulations, codes and all other written applicable policies of every
type and description.
4. Rent. Beginning on the Commencement Date, the Tenant shall pay Rent to the Authority. (The same being the first
rent payment date.) The amount of the annual Rent shall be ten cents ($0,10) per square foot multiplied by the square
footage ofthe land area within the three (3) phases, the total being 483,516 square feet. Therefore, the Rent for the first
sub-lease year shall be Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty Cents ($48,351.60) plus
Florida sales tax. For each sub-lease year subsequent to the first sub-lease year, the annual Rent shall be increased by
one percent (1 %), which increase shall become effective on the anniversary of the Commencement Date throughout
the term of the Agreement. Additionally, the Rent shall be increased at the end of the fifth sub-lease year to the then
current Fair Market Value (PM\') (as defined by the Federal Aviation Administration Rules & Regulations) land lease
rate per square foot per year. The Rent shall be increased again at the end of the tenth, fifteenth, twentieth, and twenty-
fifth and thirtieth anniversaries ofthe Commencement Date to the then current FMV land lease rate per square foot per
year. These incrementally increased Rent payments shall be billed (invoiced) to the Tenant prior to the end of each
anniversary date. In no event shall the Rent increase in the fifth, tenth, fifteenth, twentieth, twenty-fifth and thirtieth
years be greater than five percent (5%) of the Rent for the previous Rent payment year.
5. Time Restrictions for Construction of Initial Development.
a. Construction in Three Phases. Tenant intends to develop the total square footage in three (3) phases. The
geographic areas of the three (3) phases are depicted in Exhibit "A." The Phase 1 geographic area consists of
( ) square feet. The Phase 2 geographic area consists of
( ) square feet. The Phase 3 geographic area consists of
( ) square feet.
(1) Phase 1 Development. Tenant's minimum 35,000 square-foot building for assembly, packaging,
warehousing and distribution Facility must be constructed in Phase 1 within the time constraints set forth in the
"Site Development Plan Letter of Understanding (SDP LOU)," the same being on or before the first day of the
15th month after the Execution Date of this Agreement
(2) Phase 2 Development. Development of Phase 2 is subject to the development of Phase 1. Construction of
an additional facilities or the expansion of the Phase 1 facility into Phase Two 2 must be "substantially
completed" (as defined below) within thirty six (36) months from the Execution Date of this Agreement. A
subsequent amendment to the SDP or a completed application for approval of a Site Development Plan (SDP) as
pmt of the Planned Unit Development must be submitted by Tenant not later than twenty-one (21) months from
the Execution Date of this Agreement. If the complete application for the Phase 2 facility has not been submitted
to Collier County Community Development and Environmental Services (CDES) by the twenty first (21 st) month
after the Execution Date of this Agreement, then the Premises for this sub-lease shall be deemed to be
automatically amended whereby the only then existing sub-leased premises shall then comprise only the Phase 1
development square footage. Notwithstanding this automatic amendment, this amendment shall be formally
acknowledged by means of a Revised Exhibit E.
(3) Phase 3 Development. Development of Phase 3 is subject to the development of Phase 1 and Phase 2. If the
time constraints in paragraph 5.a.(1) and (2) above have been met for the development of Phase 1 and Phase 2
(as depicted in Exhibit "A" of this Agreement), then development of Phase 3 can proceed and must be
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 5 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
substantially completed within forty-eight (48) months from the Execution Date of this Agreement. A
subsequent amendment to the SDP or a completed application for a SDP as part of the Planned Unit
Deve]opment must be submitted by Tenant not later than thirty (30) months from the Execution Date of this
Agreement. If this complete application has not been submitted by Tenant to CDES for the Phase 2 facility by
the thirtieth (30) month, , then the Premises for this sub-lease shall be deemed to be automatically amended
whereby the only then existing sub-leased premises shall then comprise only the Phase 1 area and the Phase 2
area. Notwithstanding the automatic amendment, this amendment shall be formally acknowledged by means of a
Revised Exhibit E.
b. If the respective development has not been substantially completed by each of the above stated time frames,
each such failure to substantially complete shall be a materia] breach of this Agreement. "Substantially
Comp]eted" means not more than forty-five (45) days from Fina] Completion.
6. Notices. Whenever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or
document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually received or
not, when deposited in the United States mail, as Certified Mail, postage prepaid, return receipt requested, and
addressed to the parties at their respective addresses, as set forth below. Tenant shall have a continuing obligation to
notify the Authority's Executive Director, in writing, of each and eve!)' change in this address. The Authority shall
also have a continuing obligation to notify the Tenant in writing of each and eve!)' change to its address, if any. No
"Notice" constitutes an amendment to this Agreement.
Airport Authority
Collier County
2005 Mainsai] Drive, Ste. 1
Nap]es, FL 341 ] 4
Premier E]ectric
1443 Rail Head Blvd.
Naples, FL 34110
PART TWO
All ofthe following paragraphs (7 through 39) are Standard Form paragraphs. Amendments to any of these paragraphs must
be made in paragraph 33. "Specia] Provisions."
7. Fees and Charges. Tenant shall pay the following fees and charges:
a. Closing and Processing Fee. Tenant shall pay a one-time closing and processing fee of Five Hundred Dollars
and no cents ($500.00), which must be received within ten (10) days after the date this Agreement is approved by
the Collier County Board of County Commissioners and executed by its Chairman.
b. Additional Fees. Any and all additional amounts, obligations, or expenses paid or incUlTed by the Authority: (a)
on behalf of Tenant or which is the responsibility of Tenant hereunder or for which the Tenant has agreed to
reimburse the AuthOtity; or (b) amounts which the AuthOtity after reasonable advance notice to Tenant elects to
payor incur because of Tenant' s failure, neglect, or refusal to perform or fu]fill any of the temlS and conditions of
this Agreement shall constitute additional fee payable by Tenant to the Authority, and the same shall be payable
in full along with the payment of all other payments due hereunder within thirty (30) days of the receipt of
Authority's invoice setting forth the costs or amounts incUlTed by Authority. Such payments shall include
interest, costs (including reasonable attorneys' fees), damages, and penalties that may have been incurred by the
Authority in collecting the same.
c. Payments. Any and all payments shall be made to the Collier County Airport Authority at it then cun-ent and
correct address.
d. Late Payment Fee. Tenant shall pay a late payment fee often percent (10%) of the late Rent, fee and/or other
late payment. If the late payment fee is not actually received by the Authority when due, the late payment fee
shall compound monthly.
e. Separate and Independent Provision. It is the intention of the parties hereto that the obligations of the Tenant
shall be separate and independent covenants and agreements, that the Rent payments to be made by the Tenant
and all other sums payable by the Tenant to or on behalf of the Authority shall continue to be payable in all
events and that the obligations of the Tenant shall continue unaffected, unless the requirement to payor perform
the same shall have been terminated pursuant to an express provision of this Agreement.
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 6 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
f. Due In Advance. All Rent payments shall be due and payable each month in advance, beginning on the
applicable fIrst Rent payment date and continuing regularly on a monthly basis without notice from the Authority
thereafter during the Agreement Term. However, the Authority may elect to invoice payment notices. All
subsequent payments shall be due (paid in advance for each respective month) on the fIrst of each month
thereafter. The Tenant can elect to pay one year's Rent in advance.
g. Material Default. Tenant's failure to pay Rent for any period exceeding three (3) consecutive months will be
considered a Material Default of this Agreement.
8. No Refunds. Tenant shall not be entitled to a refund of any Rent, fees or other charges whatsoever, except over
payments shall be credited to Rent.
9. Insurance Requirements.
a. Proof of Insurance Required as Determined by Collier County Risk Management. Tenant shall maintain
insurance as outlined in Exhibit B. Such insurance shall name the Authority as an additional insured. This
insurance shall have an aggregate limit as required to meet the then existing mandatory requirements of the
Collier County Risk Management Department. Tenant shall maintain coverage of all improvements to the
Premises. Such insurance shall always be with a company licensed and authorized to conduct that insurance
business in the State of Florida. The Tenant shall furnish annually to the Authority on or before the anniversary
of the Commencement Date of this Agreement, a certifIcate or other approved written evidence and proof of
maintenance of the above-required insurances. Tenant shall provide the Authority with written notice of any
change thereof, and furnish to the Authority evidence of acquirement of a substitute therefore, and payment of the
premium thereof. Each such notice must be received by the Authority not later than ten (10) days after each such
change. If the Tenant fails to maintain all such insurance coverage, then the Authority may obtain same and
add all costs thereof to the total cost of such insurance and bill the Tenant accordingly, this may include
monthly or annual billing, determined by the Authority. If the Authority does so, it shall charge and Tenant
shall pay interest thereon at the rate of fIfteen percent (15%) per annum from the time of payment and shall
be collected as an additional charge.
b. Construction Insurance. Tenant shall maintain and provide proof to the Authority of bonds, construction
insurance and/or all other insurance required by Collier County Risk Management Department, which is set
forth in Exhibit "8."
c. Indemnify the Authority. Tenant shall save and hold harmless, indemnify and defend Collier County and the
Authority, their elected offIcials, their unelected offIcials, employees and agents, in their official and individual
capacities, of and from any and all liabilities, claims, losses, or damages arising out of, or alleged to arise out of,
or indirectly connected with the operations of the Tenant under this Agreement, and/or arising out of the presence
at the place of business, or improvements thereto, of any agent, guest, customer, supplier, contractor or
subcontractor of Tenant, unless such liabilities, clain1s, losses, or damages are caused by negligence or willful
misconduct of Collier County or the Authority, their elected officials, their unelected offIcials, employees or
agents, in their offIcial and individual capacities. The amounts of insurance maintained by the Tenant shall not
be deemed a limitation on Tenant's agreement to indemnify Collier County and the Authority. If Collier County
and/or the Authority become liable for any of the same in an amount in excess of the insurance, Tenant shall
indemnify the Authority for the whole thereof.
d. Insurance Required as stated in Exhibit B.
10. Rules and Regulations. All Activities conducted at Airport will be done in adherence to the Collier County Airport
Authority's Airport Policies and Procedures, the terms of this Agreement and any other then applicable Federal, State,
County and local Laws, Ordinances, Rules and Regulations.
a. Property Management: The Authority shall be the sole sub-lessor/lessor of Airport property and facilities at
the Airport. No individual or entity shall provide any property management services without being
authorized to do so by appropriate written agreement with the Collier County Airport Authority.
11. Additional Permitted Uses
a. Additional Uses Require Permission. The Tenant shall not use or permit the use of the Premises, and/or any
improvements thereto, for any purpose or use other than those expressly and specifically authorized by this
Agreement. Additional uses may be hereafter authorized in wtiting by the Authority, but only upon such terms
(Tenant's Initials)
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Immokalee Regional Airport ^'~N;:e~b~r' ;~, 1~ci
TradePort Manufacturing License and Sub-Lease Agreement - October 2006 Page 7 of ; 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
and conditions as may be set out in such authorization. All changes to uses must be inserted into this Agreement
by Amendments to this Agreement. See Section 34, Exhibit "E." Tenant shall use the Premises solely for the
conduct of Tenant's business and not for any other purpose, activity or line of business whatsoever, without the
prior written approval of the Authority as long as this judgment is made on a good faith basis. Authorization may
be denied for any reason in the sole and absolute discretion of the Authority. Tenant understands that a violation
of this Section is a Material Default and may be considered by the Authority as a breach of this Agreement.
Tenant shall make no use of the Airport, which in any way interferes with the safe conduct of the Airport, or any
aircraft operation.
b. Commercial Use of Premises and Future Improvements. Tenant agrees to obtain written permission from the
Authority prior to commencing or permitting any commercial use of the Premises not specifically listed or
additional improvements thereto, in accordance with the then current Airport policies, code and/or standards.
The Tenant shall at all times maintain and pay any required permits, licenses, insurances, and taxes as then
required by law.
c. Quiet Enjoyment. The Tenant, upon payment of the required fees and Rents, and the faithful performance of
such covenants, agreements and conditions required by law, and/or this Agreement, shall and may, peaceably and
quietly have and enjoy those portions of the Airport authorized for Tenant's use. Such use shall be free from
molestation, eviction or disturbance by the Authority or any person claiming by, through, or under it, subject to
the terms and conditions of the law or agreement entered into. Such quiet enjoyment is conditional upon Tenant
adhering to the conditions, provisions and terms set forth in this Agreement and without limitation, all other laws,
rules and lor regulations referred to anywhere in this Agreement.
12. Construction and Ownership of Improvements, Liens, Mortgages and Other Encumbrances.
a. Site Development Plan. The Authority has applied for a Site Development Plan (SDP) from Collier County for
the development of a taxiway and lake. This SDP does not identifY any specific Premises or identifY any
proposed individual developments beyond the taxiway and lake. An amendment of the SDP specifYing the
Premises and the proposed Tenant's improvements must be submitted to and approved by Collier County before
Tenant may begin development. This will require that each Tenant prepare and submit to the AuthOtity, in the
manner and detail required by Collier County, information on its proposed development. The Authority will use
this information to amend the SDP. Once such requirements have been established, and communicated in
writing by the Authority to Tenant in the SDP Letter of Understanding (LOU), Tenant's failme to submit such
plans and specifications in the form or within tile time required will be an event of default in this Agreement
allowing Authority to terminate this Agreement without recomse to Tenant. The cost of all licenses and permits
and any applicable impact fees relating to the Premises (not already paid by the AuthOlity) shall be at Tenant's
expense.
b. Site Development Plan (SDP) Letter of Understanding (LOU). The SDP LOU outlines the submittal process,
perfornlances and procedmes as attached in Exhibit "c." By entering into this Agreement, Tenant agrees to
all terms and conditions of the SDP LOU.
c. Construction Approvals. Tenant shall diligently obtain any approvals required for the construction of Ten ant's
improvements or any other improvements and shall commence construction promptly after all such approvals
have been obtained and diligently pursue the construction to completion. All such improvements shall be
constructed in strict accordance with approved Tenant's plans and specifications (collectively, the Tenant's
Plans), prepared under the seal of a duly licensed in Florida architect or engineer, and all applicable building
codes, zoning regulations, and county, state, and federal laws, ordinances, rules and regulations unless a Wlitten
waiver or exemption has been obtained from the appropriate authority. Within ninety (90) days after completion
of construction of Tenant's improvements or any other improvements, Tenant shall, at its expense, provide the
Authority with record drawings showing the "as built" condition of any such improvements. Tenant hereby
warrants and covenants that all improvements now or hereafter erected on the Premises shall be at all times free
and clear of all liens, claims, and encumbrances atising in connection with tile construction of such improvements
and hereby agrees to indemnifY and hold the Authority and Collier County harmless from and against any and all
losses, damages, and costs, including reasonable attorneys' fees relating to or arising out of any such lien, claim,
or encumbrance. If any lien or notice of lien on account of the alleged debt of Tenant (or any notice of contract
by a party engaged by Tenant or Tenant's contractor (s) to work on the Premises) shall be filed against the
(Tenant's Initials)
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Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
Premises, Tenant's interest therein or in any improvements, then Tenant shall, within thirty (30) days after notice
of the filing thereof, cause the same to be discharged of record by payment, deposit, bond, order of a court of
competent jurisdiction, or othetwise. No work hereunder shaIl be commenced until Tenant has, at its sole cost
and expense, provided to the Authority from companies reasonably acceptable to the Authority and the
Authority's attorney: (1) a surety performance bond for the benefit ofCoIlier County and the Authority in a form
prescribed by the Authority in an amount equal to the total estimated cost of the work, which performance bond
shall guarantee the prompt completion of the work by Tenant in accordance with the approved Tenant's plans;
(2) a surety payment bond for the benefit of Tenant and in a form prescribed by the Authority and in an amount
equal to the total estimated cost of the work, which bond shall guarantee the payment by Tenant of all contractors
and subcontractors (at every tier) charges and the charges ofaIl other persons and firms supplying services, labor,
materials, or supplies in connection with the work; and (3) a policy of builder's risk insurance issued upon terms
acceptable to the Authority. Notwithstanding the foregoing, the provisions of (1) and (2) above shall not be
applicable to work costing less than two hundred thousand dollars ($200,000.00) for which Tenant has obtained
an express written waiver of the bonding requirements from the Authority in advance of awarding a construction
contract for such work.
d. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way as constituting the
consent or request of the Authority, express or implied by reference or othetwise, to any architect, engineer,
surveyor, contractor, subcontractor (at every tier), laborer, materialman, supplier or mechanic for the performance
of any labor or the furnishing of any matelials or services requested by Tenant for or in connection with the
Premises or any part thereof. Notice is hereby given that neither Collier County nor the Authority shall not be
liable for any labor or materials or services furnished or to be furnished to Tenant upon credit, and that no
mechanics or other lien for labor, materials, supplies or services shall attach to or affect the fee or reversionary or
other estate or interest of the Authority in the Premises, in any improvements, or in this Agreement. All Persons
dealing with the Premises and with Tenant are hereby put on notice that Tenant does not have the power to deal
with the Premises in such a manner as to authorize the creation of mechanics liens, by implication or othetwise
and all Persons making improvements to the Premises, either by doing work or labor or services or by supplying
materials thereto, at the request of Tenant or Persons dealing by, through or under Tenant, are hereby put on
notice that they must look solely to Tenant and not to the Premises or any part thereof or to any improvements, or
to this Agreement for the payment of all services, labor, and materials performed upon or delivered to the
Premises. "Persons" refers to individuals and all entities.
e. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect to the performance,
commencement, or completion of any of the work to be performed by such party under this Section if such
failure to perform, commence, or complete any or all of such work is due to circumstances beyond its control,
such as, and not limited to, a strike, lockout, labor dispute, shortages of materials or labor, fire or other casualty,
litigation or governmental action or inaction, or delay or acts of war, including acts of terrorism. For pUll'oses of
this Section the acts of a third party shall not be deemed to be within the control of Authority, CoIlier County or
Tenant unless Authority, Collier County or Tenant, respectively, authorized such acts.
f. Trade Fixtures. Tenant may, from time to time, install, operate, repair, and replace any trade fixtures and other
lawfuIly present personal property on the Premises, all of which shall be and remain the property of Tenant and
may be removed at any time during the term hereof and within thirty (30) days after expiration or earlier
termination of the term hereof; provided, however, that absent written approval to remove from the AuthOlity,
Tenant shall not remove any such item while in default hereunder. Tenant shaIl, at its own cost and expense,
repair any damage to the Premises caused by such removal in a manner reasonably acceptable to the Authority.
Failure to remove trade fixtures or other personal property as provided herein shall not constitute a holdover by
Tenant, but all such property not removed within the time specified above shall be deemed to have been
abandoned by Tenant, in which case, the AuthOlity may either use or dispose of the same as it shaIl see fit
without any liability to Tenant therefore or may remove and store the same at Tenant's expenses. The terms trade
fixtures and other personal property shaIl not include (1) any item hereafter installed or erected thereon by the
Authority or at its expense or (2) any item affixed to the Premises or any improvement which cannot be removed
without material injury to the Premises or to any improvement, whether or not installed by and at Tenant's
expense.
(Tenant's Initials)
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Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
g. Removal of Tenant's Property in the Event of a Default. Ifupon the expiration of the Lease Term hereof or
earlier termination of this Agreement, Tenant shall be in default hereunder, the Authority may, at its option, give
notice to Tenant that Tenant may, within fifteen (15) days after the date such notice is given, remove its trade
fixtures and other personal property, provided that such removal will not result in material injury to the Premises
or any improvement, and that Tenant shall at its expense repair any damage to the Premises or any improvement
caused by such removal in a manner acceptable to the Authority. In such event, any trade fixtures or other
personal property not so removed within such time period shall be deemed to have been abandoned by Tenant, in
which case the Authority may either use or dispose of the same as it shall see fit without any liability to Tenant
therefore or may remove and store the same at Tenant's expense,
h. Title to Improvements, Title to both the Authority's Improvements and to such of the Tenant's Improvements
that do not constitute trade fixtures or other personal property shall be and vest in the Authority upon the
expiration or early termination of this Agreement. Tenant hereby covenants to promptly execute and deliver to
Authority any and all instruments or documents that Authority reasonably requests to effectively transfer, assign,
and convey such Improvements in fee to Authority.
i. Tenant's Improvements. Tenant will at its own expense, in the time prescribed in this Agreement in paragraph
9.p., make all of Tenant's improvements listed on Exhibit "D" hereto. Tenant must complete building according
to approved plans and specifications. Tenant has committed in Tenant's proposal to construct 35,000 square feet
of improvements on Phase I building on the Premises within the Letter of Understanding. Tenant's development
dates can be extended in writing by the Authority's Executive Director provided Tenant's written request for each
requested extension proves that the extension would not be necessary but for the authority's failure to act
promptly or other breach of a clear duty or clear responsibility of the Authority owed to Tenant
j. Authority Approval Required. Tenant shall submit the Plans to the Executive Director for approval by the
Authority. No construction of any type shall commence Plior to Tenant's receipt of: (1) the Authority's written
approval of the Tenant's Plans, which approval shall not be unreasonably withheld or unreasonably delayed and
(2) a "Notice to Proceed" from the AuthOlity.
k. Unencumbered Title to Improvements. During the Agreement Term, title to all improvements existing or
constructed upon the Premises by or on behalf of Tenant are and shall be vested in Tenant. All liens and/or other
encumbrances (except mortgages(s)) placed upon the Premises due to actions and lor inactions of Tenant, or
through Tenant, shall by Tenant, be completely and absolutely removed as soon as possibly: and in all events no
mortgage, lien or any other encumbrance shall be upon the Agreement or upon any improvement at the end of the
Agreement Term of this Agreement. An "encumbrance" is anything that results in Collier County receiving
anything less than complete marketable title to all improvements and lor anything less than a total and complete
return of the Premises.
l. Proposed Improvements. The Tenant is required to construct improvements on the Premises in accordance
with all applicable Federal Aviation Administration Rules, Advisory Circulars, Design Standards, or other
governing and/or related regulations and codes. This specifically includes but is not limited to the submittal of
FAA FOlm 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their review and approval. A
copy of which shall be submitted to the Authority upon submittal to the Fi\A and no later than ninety (90) days
after the Execution Date of this Agreement. A copy of the response or detenllination from the FAA shall be
provided to the AuthOlity no later than ten (10) days after receipt from the F A.A... The Tenant is required to
construct improvements on the Premises in accordance with all applicable Federal, State of Florida, Collier
County and local codes, permits, rules, and regulations. Tenant shall begin such process with no less than proof
to the Authority of submission of a building pennit application to Collier County, not later sixty (60) days
following approval of the SDP by Collier County.
Ill. Collier County Codes Apply. Tenant must meet Collier County standards as specified in all then applicable
Collier County Codes (Ordinances) for all design, planning, permitting, and construction activities, including
development or extension of infrastructure. In addition, Tenant, at no cost or expense to Collier County and/or
the Authority, shall pave all access from the Premises, and/or any and all improvements thereto, to roads, and
such construction shall match the existing grade.
(Tenant's Initials)
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Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
n. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted shall not constitute
the assumption of any liability by the Authority for the compliance or conformity of the Tenant's Plans with
applicable building codes, zoning regulations, or municipal, county, state, and federal laws, ordinances, and
regulations, or for their accuracy or suitability for Tenant's intended purpose. Tenant shall be solely responsible
for Tenant's Plans, and the Authority's approval of the Tenant's Plans shall not constitute a waiver of the
Authority's right thereafter to require Tenant, at Tenant's expense, to amend the same so that they comply with
applicable building codes, zoning regulations, municipal, county, state, or federal laws, ordinances, or
regulations, and to make such construction changes as are necessaty so that the completed work is in conformity
with the amended Tenant's Plans. In the event the Authority refuses to approve Tenant's Plans, the Authority
shall notify Tenant of the changes required to be made, and Tenant may revise Tenant's Plans to incorporate the
required changes and then resubmit revised Tenant's Plans to the Authority for approvaL The Authority shall
attempt to reply in writing to Tenant's submitted Plans within forty-five (45) days after Authority's receipt of the
submitted Plans, regarding Authority's approval, approval subject to required changes, or other response to
Tenant regarding Tenant's submitted Plans. Tenant shall always be granted a reasonable time to make the
required amendments or otherwise comply with the Authority's respective written response to Tenant.
o. No Liability Regarding Permitting or Other Authorization. Neither Collier County nor the Authority, nor
any officer, employee representative of agent of either, shall be liable in any way whatsoever for any
developmental permitting and/or any other permitting, permission or other authorization that is not completed to
the desires of Tenant for any reason whatsoever, including and not limited to financial restraint(s), management,
seen and/or unforeseen obstructions and/or delays, and/or any natural disaster(s) and/or any other circumstances
whether or not under the control of Collier County and/or the Authority, and/or any now existing, new, amended
and/or superseding Florida law(s)and/or Federallaw(s), State and/or Federal mandates, rules, regulations related
directly or indirectly to any and all such permitting, mitigation or any other reason that does or may impede
and/or delay Tenant from fulfilling its obligation to this Agreement.
p. Additional Improvements Constructed During the Initial Agreement Term or Extended Term. Tenant
may be authorized by the Authority in writing by paragraph 33. "Special Provisions" to construct additional
improvements or modifications at a later date, adhering to the requirements of those codes, rules and regulations
then in effect for the Airport.
13. Condition, Maintenance and Repairs of Leasehold and Improvements Thereto.
a. Tenant Shall Maintain. Tenant shall maintain, at its own expense, the Premises and any improvements, fixtures
or equipment on the Premises in a safe, sanital)', orderly, and sightly manner, in accordance with all applicable
codes and regulations. Tenant shall also maintain the cleanliness of all paved area on the Premises, and shall be
responsible for mowing all grass, watering lawns, controlling weeds, and maintaining shrubs and trees on the
Premises.
b. Condition of Premises. No Representations or Warranties. The Tenant has inspected the Premises and agrees
that the Premises are suitable for Tenant's proposed use. Tenant acknowledges that except as expressly set fOlth
in this Agreement, Authority has made no representations or warranties relating to the suitability of the Premises
for any use. The Authority shall have no obligation whatsoever to repair, maintain, renovate, or otherwise incur
any cost or expense with respect to the Premises or any of the Authority's Improvements, furnishings or
equipment now or hereafter constructed, installed, or used on the Premises. The Authority shall have no liability
to Tenant arising out of any defect or deficiency in the Premises or any of AuthOlity's Improvements.
c. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind erosion is present,
Tenant must promptly cany out erosion control practices to mitigate the erosion. These practices include, but are
not limited to, drainage facilities constructed and maintained by Tenant, landscaping, and/or seeding and
maintaining of vegetation on Tenant's Premises. Tenant is responsible for erosion of Tenant's site only, unless
some unauthorized un-permitted Premises alteration results in erosion onto any neighboring site or land.
"Neighboring" is not limited to "adjacent" site or land.
d. Repair of Damage. If the Premises, and/or improvements thereto is partially destroyed or damaged by fire or
any other casualty, then Tenant shall repair all such destruction and/or damages as soon as it is reasonably
practicable. Such repair or restoration shall commence not later six (6) months after such damage, and shall be
completed within nine (9) months thereafter, if reasonably possible. Such restoration shall be to substantially the
(Tenant's Initials)
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Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
same condition in which the Premises or improvements thereto was before such destruction and/or damage. In
the event that Tenant has not commenced repairs within six (6) months from the date of said damage and
thereafter completed such repairs within nine (9) months or a reasonable time thereafter when conditions permit,
this Agreement may be terminated by the Authority or Collier County upon ninety (90) days actual notice of
Intent to Terminate provided by the Authority to the Tenant. Tenant shall have fourteen (14) days after receipt of
same to deliver Tenant's response to the Authority. If no such response is delivered to the Authority within
fourteen (14) days, or if response is not deemed to be acceptable to the Authority, then such termination shall be
made effective by delivering a Final Termination Notice to Tenant, which shall be effective fourteen (14) days
after the date of receipt of such Final Termination Notice by the Tenant. Total repair of damage by Tenant may
be waived in writing by the Authority if Tenant and Authority agree that total repair is not economically feasible
under the circumstances. The Parties may also agree to Tenant's partial repairs of the damage.
e. Destruction of the Premises or Improvements Thereto. In the event the Premises, or improvements thereto is
completely destroyed or so badly damaged that repairs cannot be commenced within six (6) months and
completed within nine (9) months thereafter, then this Agreement may be terminated. Tenant shall provide to the
Authority written notice of Tenant's intent, either not to rebuild, or of Tenant's intent to rebuild together with
statements from all insurance companies involved, in which event if the Authority agrees to Tenant's planned
rebuilding, Tenant shall be granted reasonable periods of time needed to rebuild.
f. Installation and Maintenance of Utilities. Collier County warrants that all utilities which are necessary for the
conduct of Tenant's activities are available on Airport property. However, Tenant shall obtain and install
underground at its own expense any necessary electrical, gas, water, sewer and any other utility service, subject to
the then current development guidelines, rules and regulations and/or building code of the State of Florida and/or
Collier County and/or the Authotity. Tenant shall promptly notifY the Authority of the release of any hazardous
substances on the Premises or other act or omission that results in the environmental contamination of the
Premises.
g. Compliance with Environmental Laws. Tenant shall comply with all applicable Environmental Laws
pertaining to the protection of the environment, including but not limited to those regulating the possession,
storage, handling, and disposal of Hazardous Materials. Further, neither Tenant nor any agent or party acting at
the direction or with the consent of Tenant shall possess, use, transport, treat, store, or dispose of any hazardous
substance as defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended from time to time (CERCLA), or petroleum (including crude oil or any
fraction thereof) on any part of the Premises or the Airport; provided however, that this sentence shall not
prohibit Tenant from storing, dispensing, or using Hazardous Materials on such Premises if such activities are
conducted in accordance with all applicable laws and regulations, Tenant shall not install any petroleum storage
tanks on the Premises or the Airport without the prior written consent of the Authority.
h. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials subject to
regulation by the EP A, or by Florida Depaliment of Environmental Protection, or by any other governmental
Authority shall be stored or disposed of on the Airport except in accordance with applicable Federal, State
and local laws, rules and Regulations,
i. Environmental Assessment and Remediation. The costs of remediation of any and all environmental damage
or pollution then required by any law, rule and/or regulation shall be the sole responsibility of the Tenant, any or
all such damage and/or pollution existed prior to the execution of this Agreement. The Authority may for good
cause require that Tenant furnish to the Authority (or to any other governmental authority or agency) a Phase I
Environmental Assessment Report regarding the Premises, in accordance with the laws, codes and regulations in
effect at that time. Neither Collier County nor the Authority makes any promises, warranties or representations
regarding any such now existing damage or pollution except that neither Collier County nor the Authority is
aware of any such now existing damage and/or pollution" The Authority recommends that the Tenant have a
Phase I Environmental Assessment conducted because neither Collier County nor the Authority shall have any
responsibility with regard to now existing ground pollution at the Premises, if any, and the Tenant hereby
assumes all of those risks. If the Assessment should show that it would not be advisable that Tenant make
improvement to the Premises, that Report can be grounds that the parties mutually agree to terminate this
Agreement due to such pollution, or may be a basis for the parties to mutually agree to try to resolve such
pollution problems whereby Tenant can reasonably proceed to make improvements to the Premises.
(Tenant's Initials)
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Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
j. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs; including approval for a
Collier County Sign Permit(s). The Tenant shall be responsible for all cost and expense of maintaining all
such signs. Tenant shall not erect, paint or maintain any temporary signs or advertising displays, such as
banners, balloons, flashing signboards, and/or any similar visual devices whatsoever, except to the extent that
such are then authorized by Collier County Code and by the Authority.
k. Failure to Comply. Tenant shall always be granted reasonable time to cure defaults. If the Tenant fails to
correct the default(s) as specified by the Authority's notice within the specified period, the Authority may, at its
option, terminate this Agreement with at least thirty day (30) written notice from the Authority of such
termination. Upon such termination, without further notice or demand, the Authority may enter upon and into the
Premises, and lor any and all improvements thereto, or any part thereof, and take absolute possession of the same
fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful access
whatsoever. In addition, the Authority may also require all operations and or activities to cease and be removed
from the Airport.
14. Permits and Taxes, Laws and Authority.
a. Permits and Taxes. Tenant shall pay when due all then applicable taxes, special assessments, excises, license
fees and permit fees of whatever nature applicable to its operation levied or assessed against the Airport, or
improvements thereto. Tenant shall take out and keep current all licenses, permits, and certificates (City, County,
State and Federal) required for the conduct of its activities at and upon the Airport, and further agrees not to
permit any of said taxes, excise or license fees to knowingly become delinquent.
b. Laws. Tenant at its own expense, and at no expense to either Collier County and lor the Authority, shall fully
comply with all laws, regulations, rules, ordinances, and requirements of the applicable City, County, State and
Federal authorities and agencies which affect this Agreement, the land granted by this Agreement, any
improvements upon the Premises, andlor operations thereon. Such compliance shall be with any laws,
regulations, rules, ordinances or requirements, which have been or may be enacted or promulgated during the
effective period of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of the
same as specified in the respective law, regulation, rule, ordinance, or other requirement.
c. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to take those necessary
and legal actions required to safeguard any person, entity, aircraft, equipment and/or property at the Airport and
or reasonably adjacent to the airport. Tenant agrees to abide by every suspension, restriction, and/or designation
of specific procedures applicable to any or all Airport operations whenever the Authority or its designees, or any
other governmental authority or agency (such as the FAA) may impose any ofthe same.
15. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or delegate any right or
duty granted by this Agreement, nor the Premises, including improvements constructed or occupied in accordance with
this Agreement, all of the same shall be void ab initio absent prior express written consent of the Authority, which
consent shall not be unreasonably withheld. The AuthOlity may condition such consent upon an increase in the Rent up
to the then existing fair market value, and may require other conditions or covenants before consenting to any of the
same. Such additional Rent, conditions or covenants shall be in accord with the terms and conditions for similar
agreements in effect at the Airport at the relevant time(s). If this Agreement is assigned, sub-subleased, or otherwise
transferred or delegated, all clauses herein binding the parties hereto are also binding on any and all successors and/or
assigns, unless specifically authOlized in writing by the Authority. No novation shall be authorized unless expressly
approved by the Authority and Tenant shall have a heavy burden proving actual necessity for any partial or whole
novation.
16. Default and Tennmation.
Definition. If the Authority determines the Tenant is in violation of any of the terms, conditions or covenants of this
Agreement, or the Tenant fails to pay, any Rent, fee or charge when due, any such failures shall be considered a material
default of this Agreement. Each Material Default grants to the non-defaulting party sufficient cause to terminate this
Agreement.
a. Written Notice Required. The Authority' Executive Director shall provide the Tenant with written notice of
any determination of default provided Tenant has then informed, in writing, the Authority's Executive Director of
(Tenant's Initials)
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Tenant's then correct mailing address. The written notice shall always grant Tenant a reasonable time to cure the
default(s), and Tenant may request additional time to cure, which will not be unreasonably withheld or denied.
Notice shall be deemed to have been actually received by Tenant if (I) the Executive Director mails such notice
to the Tenant's last known mailing address irrespective of whether Tenant actually receives such notice, or (2)
such notice is posted on the Premises. This notice provision does not apply to any late payment of a Rent, fee
and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant. Every such notice
shall be deemed to be continuing notice. This subparagraph is in addition to paragraph 29, herein below.
b. Compliance Time. Except as stated elsewhere in this Agreement regarding the respective specific default,
Tenant shall then have ten (10) working days to cure or remedy said default or otheIWise comply with any
demand contained within such written notice which cures or remedies the default, provided, however, if such
failure cannot be corrected within that period, it shall not constitute a Default if the failure is susceptible to being
corrected and if the Tenant initiates curative action within that period and diligently pursues it until the Tenant
corrects the failure within a reasonable period of time. This notice provision does not apply to any late payment
of any Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant.
Every such notice shall be deemed to be a continuing notice. This subparagraph is in addition to paragraph 29,
herein below.
c. Failure to Comply. If the Tenant fails to correct the default(s) as specified by the Authority's notice within the
specified period, the Authority may, at its option, terminate this Agreement with a thirty day (30) written notice
to terminate. Upon such termination, without further notice or demand, the Authority may enter upon and into
the Premises, and lor any and all improvements thereto, or any pmi thereof, and take absolute possession of the
same fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful access
whatsoever. In addition, the Authority may also require all operations and or activities to cease and be removed
from the Airport.
d. Non-Waiver of Rights. Continued performance by either party hereto pursuant to any provision of this
Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this
Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of
any subsequent default irrespective of how long the default may have existed.
e. Agreement Remains Binding. All provisions of this Agreement remain binding upon the Tenant while the
Tenant is in default, and if this Agreement is terminated due to default by Tenant.
17. Airport Development. The Authority reserves the right to further develop the Airport as it sees fit, without
unreasonable interference or hindrance from Tenant.
a. Partial Relocation, Removal and/or Alteration. If development of the Airport actually necessitates the partial
relocation, partial removal or partial alteration of Tenant's improvements, operations or activities from the
Premises, Collier County may amend this Agreement or, if necessary, terminate this Agreement and negotiate in
good faith with Tenant to accommodate Tenant's desires regarding another then existing and available suitable
premises at the Airport. To the greatest extent commercially practicable, Collier County and the Authority will
use their best efforts to avoid or reduce any and all such necessity. Tenant shall be granted full or partial
abatement of rent to the extent Tenant's activities are hanned by such development.
b. Notice of Partial or Total Taking. In the case of a total taking by Collier County of the areas authorized for
use by this Agreement, the Authority will provide Tenant with notice as soon as possible - minimum of ninety
(90) days notice - of such impending action. In the event of such a total taking, Tenant's obligation to pay Rent
and other charges shall terminate on the date of the taking.
c. Actions in the Event of Total Taking. In the case of a total taking, both parties hereto agree that the value of
this Agreement shall be declared to be zero dollars ($0.00). The then CUtTent original cost depreciated value
("FMV') of Tenant's Building and/or Tenant's other improvements will be detetmined by two independent
appraisals (one retained and paid for by AuthOlity and the other retained and paid for by Tenant. To the greatest
extent than allowed by law, Tenant shall be paid the average of those two (2) appraisals provided the two (2)
appraised values are within twenty percent (20% of each other. If not, a third appraisal shall be acquired and the
costs of the third appraisal shall be shared equally by Authority and Tenant. If a third appraisal is acquired, its
appraised value shall control the FMV provided its appraised value does not exceed the highest appraised value
of the other two (2) appraisals. It the third appraisal exceeds the highest of the other two appraisals, the
(Tenant's Initials)
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Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
controlling value shall be the average of the three (3) appraisals, The value of the Building will be determined by
an independent appraisal at the then existing Fair Market Value. The Tenant will have the option of receiving the
then existing FMV of the building or sub-leasing a similar then existing and then available building, if any, at
another site and entering into a new Agreement at the land lease rate equal to the terms of this Agreement and the
then existing Fair Market Value of the other building.
18. Amendments to this Agreement or Exhibits. Neither this Agreement nor any Exhibit shall be altered, changed or
amended except by an amendment properly executed by the Authority and Tenant.
19. Severability. If any clause or provision herein sha1l be adjudged invalid or unenforceable by a court of competent
jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision,
which shall remain in fu1l force and effect.
20. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground operations on and above the
surface of the Airport, when conducted in accordance with the then existing Federal Aviation Regulations, together
with the right to cause such noise, odors and other disturbances as may be inherent in such operation.
21. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves a1l water, gas, oil, hydrocarbon and mineral
rights in and under the surface of the Airport. However, the Authority shall not conduct any operations on the surface
of the Airport for the exploration, development or recovery of the rights and substances reserved which would
unreasonably interfere with the Tenant's authorized use of the Premises and/or Tenant's other then existing rights to
have access to other parts of the Airport.
22. Easements and Right of Way.
a. Existing Easements. This Agreement is subject to all existing right-of-ways and/or easements of record and a1l
other easements granted by the Authority or Co1lier County to any other agreements or to other individuals and/or
entities at the Airport, and to easements retained by Collier County.
b. Authority's Right to Use Existing Easements. The Authority and Collier County retain the right to locate
utilities as necessary on existing and future utility easements on the Airport provided the same does not
unreasonably interfere with authorized operations and lor authorized activities of Ten ant.
c. Easements to be Accessible. Tenant sha1lleave any utility easements upon the Airport open and unobstructed. A
perpetual easement and right-of-way for the construction, maintenance, removal and replacement of any and all
utility lines, manholes, and related facilities through, over, across and under the Airport is hereby reserved for the
benefit of the Airport, Collier County and the Authority.
d Authority's Right to Establish Easements. Collier County and or the Authority may at any time and from time-
to-time relocate, in whole or in part, any easement serving the Airport, provided that such relocation does not
diminish or permanently interrupt the tights or operations of the Tenant nor increase the costs to be incurred by
Tenant. The Authority may temporarily interrupt operations and/or activities with respect to such Easements
during the period of relocation, and the Authority agrees to restore the Airport to a condition substantially similar to
the condition existing prior to any alterations thereto by the Authority. No such interruptions shall be of a greater
duration than is reasonable under the circumstances.
e. Authority's Right to Protect Aerial Approaches. The Authority reserves the right to take such action as, in the
judgment of the Authority, may be reasonably necessary to establish and protect aerial approaches to the Airport
against obstruction, including the right to prevent persons from erecting or pennitting to be erected any
improvements on the Airport which would constitute a hazard to aircraft. This includes Florida law, including
Chapters 332 and 333, Florida Statutes, as now exist or may be amended and/or superseded, and all then existing,
applicable Federal laws, rules and regulations.
23. Security and Safety. Tenant will fully and freely participate in the Authority's security and safety programs as
they relate to the Airport.
24. Airport Access. Subject to the rules and regulations established from time-to-time by the Authority, the Tenant has
the right of free access, ingress to and egress from those parts of the AiIport authorized for the Tenant's use by this
Agreement. Such access also applies to the Tenant's employees, agents, patrons and invitees, its suppliers of materials
and furnishings of services and its equipment, vehicles, and machinery. The AuthOlity may, at any time, temporarily
or permanently close or consent to the closing of any roadway or other light-of-way for such access, ingress, and any
other area at the Airport or in its environs presently or hereafter used as such, In such a case, a means of access,
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy Il-OI-06.doe
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Immokalee Regional Airport ^'''N;;e~;b~r ~4., 1:;~
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 15 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
ingress and egress reasonably equivalent to that formerly provided may be substituted and concurrently made available
subject to the Airports security and operational needs.
25. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that it shall have no claims whatsoever
against the Authority for any damages incurred by Tenant or any other person arising or occasioned by Tenant's
inability to access or use the Premises or Tenant's Improvements thereon, for whatever reason, provided such inability
to access is caused solely by wholly unjustified action or wholly unjustified inaction of the Authority. Tenant agrees
that its sole remedy against the Authority for loss of use of the Premises and Tenant's Improvements, regardless of the
reason for such loss of use or the duration thereof, shall be an abatement of the Rent due hereunder, or cancellation of
the term of this Agreement and reimbursement for the Fair Market Value of the improvements as determined by an
independent appraiser. If such inability to access or use the Premises or Tenant's Improvements thereon was the fault
of the Authority and such period exceeds thirty (30) days, the parties agree that the Term of this Agreement shall be
extended by the number of days that Tenant was unable to access or use the Premises or Tenant's Improvements.
26. Authority's Right to Enter. The Authority, its officers, agents and representatives, subject to any security regulations
imposed by any governmental authority, shall have the right to enter all parts of the Premises at reasonable hours when
Tenant or Tenant's representative is present, to inspect the same when reasonably required and as it may deem
necessary or desirable.
27. Operational Reports. At no cost to the Authority, Tenant agrees to submit to the Authority, upon written request by
the Authority any report or reports and/or information regarding Tenant's operations and/or activities at the AirpOlt.
The Authority agrees to receive from Tenant, upon request by Tenant, any reports the Tenant deems appropriate for the
purpose of keeping the Authority inforn1ed of any operational problems and of any suggested improvements at the
Airport. "Report" or "information" refers to documents, papers, plans, etc. that are in the possession of Tenant or
possession of which is reasonably obtainable by Tenant. This provision does not require Tenant to write or compose
any such Report or information.
28. Automobiles and Other Vehicles. The Authority reserves the exclusive right to control, by security gate, uniform
driving regulations, or otherwise, all vehicular ingress and egress to, and operations on, the aircraft operating areas
including but not limited to all taxiways, runways and ramp areas on the Airport.
29. Attorney's Fees. Authority and Tenant agree that if either is found by a court to have breached this Agreement,
reasonable attorney's fees and all costs (expenses) of litigation, including all appeals, remands, etc., witness fees and
costs, expett witness fees and costs, etc., shall not be recoverable from the losing party or otherwise. Each party shall
be responsible for all of its costs and fees.
30. Subordinate Clause. This Agreement is and shall be subject and subordinate to the provisions of any existing or
future agreement, ordinance or other action between the Authority and Collier County and/or any Boards, Agencies, or
Commissions relative to the ownership, operation or maintenance of the Airport. However unless the Authority has no
discretion, the same shall be applied to the Tenant only to the extent same do not unreasonably interfere with the
authorized operations and/or authorized activities of Tenant. The burdens of proof and persuasion shall be on the
Tenant.
31. Termination of Agreement. At the conclusion of this Agreement's TeIID, the facility and any improvements to the
Premises automatically becomes the property of Collier County upon such tennination, and without further notice or
demand the Authority may enter upon and into the Premises, which includes all improvements thereto, or any patt
thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be deemed to
constitute any trespass or any other unauthorized entry. In addition, the Authority may also require all associated and
permitted operations to cease and be removed from the Premises. This paragraph shall not apply to Tenant's trade
fixtures and/or Tenant's equipment provided each of the same can be physically removed by Tenant without physical
damage to the Premises, building and/or structure, and each item is removed from the Premises prior to a scheduled
Termination date of this Agreement. If the Termination date of this Agreement is not scheduled (not known to Tenant
unless and until Tenant receives written Notice of the Termination date from the AuthOlity's Executive director),
Tenant shall have thirty (30) days to remove the items after the date of Ten ant's receipt of such Notice.
32. Event of Holding Over. Holding over constitutes an Extension of the Term of this Agreement. In the event the
Authority approves in writing any holding over by the Tenant, all provisions of this Agreement shall remain in full
force and effect and the Tenant shall continue to pay all amounts required to be paid by it to the Authority in
accordance with the telIDS and conditions applicable herein together with a fair market Rent on any improvements
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy 11-01-06.doe
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Immokalee Regional Airport '''November 14, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 16 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
located thereon to the end of the Tenant's occupancy or until such time as a new Sub-lease is negotiated or the tenancy
at will is terminated by the Authority.
33. Special Provisions. Original Exhibit "E," lists the Special Part Two Provisions, if any. (If there are "None,"
specify "NONE.) All amendments to this Agreement and/or any other Exhibit shall be depicted on the applicable
Revised Exhibit "E," including text of each amendment and the effective date. If the amendment amends text that
then exists in this Agreement (or in another Exhibit) shall be depicted by strike-thrus and underline format. If the
amendment only inserts new text into this Agreement (or into another Exhibit), the amendment shall clearly
specify all added text. The purpose of these Exhibits "E" is to facilitate understanding how this Agreement differs
from the Authority's Part Two Standard Form Sub-lease as of the Execution Date. The purpose of Revised
Exhibits "E" is to make a comprehensive and cumulative history of all amendments to this Agreement. Each party
to each Revised Exhibit "E" must affix his/her initials and date of affixing initials to each page of each Revised
Exhibit E.
34. Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as applicable, Federal Laws.
35. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding this Agreement shall
be conducted in the applicable Florida Court(s) in Collier County to the greatest extend the issues are within the
Court's jurisdiction.
36. Legal Advice. Each party to this Agreement has relied upon legal advice from its own attorney and, therefore,
nothing in this Agreement shall be construed against any part.
37. Cooperation. Collier County, the Authority and Tenant agree to fully cooperate in good faith regarding this
Agreement and otherwise; and
38. Time is of the Essence. Through this Agreement, time is always of the essence.
39. Exhibits. A, B, C, D and E are attached and made part of this Agreement:
A. EXIllBIT "A": LEGAL DESCRIPTION OF PREMISES.
B. EXHIBIT "B" RISK MANAGEMENT AND INSURANCE REQUIREMENTS.
C. EXHIBIT "C" SITE DEVELOPMENT PLAN (SDP) LETTER OF UNDERSTANDING (LOU)
D. EXHIBIT "D" TENANT'S PROPOSED IMPROVEMENTS
E. EXHIBIT "E" SPECIAL PROVISIONS (AND FUTURE AMENDMENTS)
IN WITNESS WHEREOF, The Collier County Airport Authority and Tenant have executed this Agreement to be in
effect as of the date first written below.
Executed on this date
Approved by Purchasing by
this _ day of
Approved by Risk Management by
this _ day of
ATTEST: TWO WITNESSES
COLLIER COUNTY AIRPORT AUTHORITY
By:
Stephen L. Price, Chairman
FIRST WITNESS
Print Name
(Tenant's Initials)
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Immokalee Regional Airport November 14,20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 17 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
SECOND WITNESS
Print Name
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
Chairman
Approved as to form
and legal sufficiency:
Thomas C. Palmer,
Assistant County Attorney
ATTEST: TWO WITNESSES
Robert Forbis Inc., DBA PREMIER ELECTRIC
By:
FIRST WITNESS
Robert C, Forbis, Owner-President
(Corporate Seal)
Print Name
SECOND WITNESS
Print Name
(Tenant's Initials)
Y:\Immokalee Regional AirportILeases\Premier\Premier lease - master copy 11-0 1-06.doc
Page 15
,. AI", 4
Immokalee Regional Airport ,,,vN~:ember 14, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 18 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "A"
Survey of sub-leased area to reflect 483,516 square feet ofland.
Tenant must provide a survey within thirty (30) days of executing this Agreement.
Final approval of the survey is subject to written approval by the Authority.
(Tenant's Initials)
Y:\Jmmokalee Regional Airport\Leases\Premier\Premier lease - master eopy 1I-01-06.doe
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''\::1:l,':2 :~0jj-1 ~'I:. ;:"""'4
Immokalee Regional Airport November 14, 20 )6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 19 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
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EXHIBIT "An
PRELIMINARY SITE PLAN
PREMIER ELECTRIC LEASE AREA
6
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master eopy II-OI-06.doe
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Immokalee Regional Airport '~N;;';e~vber 14, 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 20 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis, Inc., DBA Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "B"
Collier County Risk Management Insurance Requirements
(Tenant's Initials)
Y:\ImmokaJee Regional Airport\Leases\Premier\Premier lease - master copy 11-01-06.doe
Page 18
....l I< .. A "........4
Immokalee Regional Airport ''''Nove~b~r' 14, 2vO 6
TradePort Manufacturing License and Sub-Lease Agreement- October 2006Page 21 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
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EXIHBIT "8"
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS (Check)
X Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X Employer's Liability $500,000 X $1,000,000
Commercial General $500,000 per occurrence $1,000,000 per occurrence
Liability (Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
Airport Liability Insurance $500,000 per occurrence $2,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Hanoarkeepers Liability $500,000 per aircraft $2,000,000 per aircraft
Aircraft Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
X Business Automobile $500,000 per occurrence X $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damage damage
X Pollution Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
X Property Insurance X Replacement Cost- All Risks of loss
INDEMNIFICATION: To the maximum extent permitted by Florida law, the Contractor/Vendor/Consultant
shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees,
to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor/Vendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge
or reduce any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any incident arising from the sole negligence
of Collier County.
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
No County Division, Department, or individual name should appear on the Certificate. No other format will
be accentable.
Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an
interest in improvements and betterments is made, as its interests may appear.
Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability and/or Airport liability where required.
FORM 8- lease of land and Facilities/High Hazard or long Term/Aviation Related
(Tenant's Initials)
Y:\lmmokalee Regional Airport\Leases\Premier\Premier lease - master eopy 11-01-06.doc
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Immokalee Regional Airport ''''November 14,2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 22 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "C"
SITE DEVELOPMENT PLAN (SDP)
LETTER OF UNDERSTANDING (LOU)
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\PremierIPremier lease - master copy II-OI-06.doe
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Jmmokalee Regional Airport '^'~Nove~vb~r~, ~~
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 23 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
LETTER OF UNDERSTANDING
BY AND BETWEEN SALAZAR MACHINE & STEEL, INC.
AND THE COLLIER COUNTY AIRPORT AUTHORITY FOR THE
COORDINATION, SUBMITTAL, REVIEW AND RESPONSE OF THE SITE
DEVELOPMENT PLAN PROCESS FOR A 20,000 SQUARE FOOT
MANUFACTURINGIW AREHOUSE FACILITY DEVELOPMENT AT THE
IMMOKALEE REGIONAL AIRPORT/TRADEPORT
PURPOSE: The purpose of this Letter of Understanding ("LOU") is to set forth, define, and
establish mutual agreements, understandings and obligations by and between the Collier County
Airport Authority ("Authority") and Salazar Machine & Steel, Inc. for the coordination, submittal,
review and response of the Site Development Plan ("SDP") process for a 20,000 square foot
manufacturing/ warehouse facility at the Immokalee Regional Airport/Tradeport ("Airport").
SALAZAR MACHINE & STEEL. INC submitted a response to a Request for Proposal for
development at the Immokalee Regional Airport to lease one and one-half (1.5) acres at the Airport
and develop a 20,000 square foot manufacturing/warehouse facility.
THE COLLIER COUNTY AIRPORT AUTHORITY is a Public Body existing under Collier
County Ordinance No. 2004-03, as amended, with offices at 2005 Mainsail Drive, Suite 1, Naples,
Florida, 34114. The Authority is charged with the operation and maintenance of the Airport.
Now, therefore, it is hereby agreed as follows:
1. Tenant will enter into and execute a sub-lease agreement between the Authority and Tenant
within forty-five (45) days of the execution of the LOU.
2. Tenant will submit two (2) copies to the Authority, of the dimensions; height and footprint
for the proposed facility, within thirty (30) days of this LOU.
3. Tenant shall coordinate all SDPs, submittals, and responses with the Authority and the
Authority's designated Engineer, URS whose contact information is as follows:
Andres Guitierrez
URS Corporation
7650 Corporate Center Drive, Ste 400
Miami, FL 33126-1220
Tel: 305-262-7466
Fax: 305-261-4017
Andres _gutierrez@urscorp.com
(Tenant's Initials)
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Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
4. The Authority and/or the Authority's designated Engineer will coordinate the Phase I
Environmental Report for the referenced leasehold property. Tenant will reimburse the
Authority and/or the Authority's designated Engineer for Phase I Environmental Report at a
not to exceed amount of $3500.00.
5. The Authority and/or the Authority's designated Engineer will submit a Federal Aviation
Administration Form 7460-2 "Notice of Actual Construction or Alteration" within thirty
(30) days of the receipt of the dimensions; height and footprint for the proposed facility.
6. Tenant shall submit a complete SDP application package to include plans and specifications
in the form required by the Collier County Community Development and Environmental
Services Department (CDES) with the required number of copies to the Authority and/or the
Authority's designated Engineer within ninety (90) days of the execution date of this LOU.
7. The Authority and/or the Authority's designated Engineer will apply to the South Florida
Water Management District ("SFWMD") for a modification to the Authority's SFWMD
permit #11-00999-S dated April 19 2005, for the proposed development at the Immokalee
Regional Airport within thirty (30) days of the receipt of the SDP from the Tenant.
8. All other required submittals for the SDP process shall be submitted within the required
timelines requested by the Authority and/or the Authority's designated Engineer and CDES.
9. Upon initial review of the amended SOP submitted to CDES all comments must be
addressed by the Tenant within ten (10) days of the first (1 st) review response and returned
to the Authority and/or the Authority's designated Engineer for resubmittal. Any comments
not completely addressed within the ten (10) days by the Tenant will be cause for Tenant's
project to be removed from the SOP process.
10. Upon second (2nd) review if the Amendment to the SDP is returned with additional
comments, all comments must be returned to the Authority and/or the Authority's
designated Engineer within ten (10) days of the second (2nd) review response and returned to
the Authority and/or the Authority's designated Engineer for resubmittal.
11. If Tenant fails to submit such plans and specifications in the form or within the time
required Tenant will be in default of the Agreement.
COLLIER COUNTY AIRPORT AUTHORITY:
Date:
Stephen L. Price, Chairman
SALAZAR MACHINE & STEEL, INC.
Date:
Pete Salazar, President
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\PremierIPremier lease - master copy t I-OI-06.doc
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Immokalee Regional Airport November 14, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 25 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
Approved as to form and legal sufficiency:
Thomas C. Palmer, Assistant County Attorney
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master copy 1l-Ol-06.doc
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Immokalee Regional Airport '^''''~N~:e~b~r' 1~, Aio~~
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 26 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "D"
TENANT'S PROPOSED IMPROVEMENTS
(Tenant's Initials)
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TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 27 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
Exhibit "D"
August 9, 2006
Collier County Board of County COlmissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Commissioners.
l\1y name is Robert C. Forbis, I am the owner of Robert Forbis Inc. dba Premier Electric
in Naples. I cun-ent]y cmploy almost 600 people, the majority of which live in Collier
County.
1, along with my immediate family members, am interested in deyeloping a commercial
project at the lmmokalee Regional Airport, In order to minimize risk and not create an
oversupply of rental spaee in the area, we would do this project in several phases,
The first phase would be built immediately for the exclusive use of my comp:my Prernicr
Electric, This project \vould need to be fast tracked, as my need for space is urgent. I am
renting space in sevcral locations right no\V on a shOJi-ternl basis, while I wait for this
building to be built. This is very inefficient, as it all needs to be under one roof. The only
available space that can accommodate my operation right now is in Ft, Myers, Tf,ve can
make this work J wi1l not haye to relocate this operation to Lee County,
I would also set up the ov,rnersbip of the leased land and the buildings in three separate
LLC's. One owned by RCF Investments LLC, which would consist of an approximately
45,000 sq,ft, building, expandable to approximately 90,000 sq.[t. in the future as need
demands, that would he rented to my company Robert Forbis Inc. dba Premier Electric
for our assembly and packaging operation. This LLC's members consist of myself, my
wife Debra Forbis, my son Robert Forbis. and my daughter Jennifer Singleton.
The second phase would be a flex space building (office in front, warehouse in back) of
approximately 30,000 sq,ft. that would bc rented out to other smaller businesses in the
area that would be owned by an R.'\F Investments LLC that my son Robert A. Forbis is
the sole member. The third would be an identical building that would be owned by .fJ
investments LLC, Vdlich my daughter Jennifer Singleton is the sole member. She and her
husband Bart Singleton, will manage this portion of the lease.
(T enant' s Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master eopy 1I-01-06.doc
Page 25
^ u.~
.. '<:j'-' ~~ "V", ,v. . v 4
Immokalee RegIOnal Airport November 14, 20 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 28 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
Exhibit "D"
I would like to lease the land in three stages as the buildings are built. The first phase,
which I would lease irnmeadialty, would be approximately 5.83 acres, and the second
phase would be approximately 1.5 acres and third phase would be approximately 3.53
acres. This whole area ofland would encompass approximately 10.86 acres and provide
the county with $47,306.00 in annual rent at the current fair market value of $.lO/sq.:ft.
We would expect the rent to be adjusted annually to reflect the fair market value in the
area, but in no case more than the rate of increase of the Consumer Price Index (CPI) for
that year.
The 45,000 to 90,000 sq. ft. building, will cost approximately $2,250,000 for the first
phase and about the same for the second Y2 of that building for a total of that building of
$4,500,000 invested. This building that we have shown on our site plan on the north side
of the project, will be designed for my Premier Electric assembly, packaging, and
disuibution operation. Although I will be using the building exclusively, I have designed
it so that it will accommodate any distribution operation. The north side of tile buildings
will have storefront glass, and the south side will consist of loading docks with a motor
COUlt for large tl1lcks. The buildings will be 30' to 40' high.
The 30,000 sq. fl. buildings on the south side will be only 20' high and will have
storefront glass on the south side and roll up doors on the back side facing the motor
court. These buildings will be split up into 25' wide bays x 100' deep so a potential
tenant will be renting in units of 2500 sq. ft. or larger. These buildings will cost
My assembly, packaging, and distribution operation will provide many jobs for the
lrnmokalee area. r can see it employing several hundred people in the years to come. I
will use this facility to serve the supply needs for my projects and all over the state. I will
also expand as r take on supplying other businesses that seek to gain productivity through
the use of my system of preas sembling products. So as my business keeps growing the
operation will too. The fact that you will have customs available on site and that it is a
free trade zone is very important to me as the majority oftlle products J use are imported.
Every month I receive dozens of 40' shipping containers from around the world. r also
use airfreight for some of the items.
For this investment, in this site which is in an area that is just beginning to emerge, we
would like a lease for as long as possible. We would like this to be a 50 year lease,
The team doing this development will consist of all of myself, my son Robert A. Forbis,
and my son-in-law Bart Singleton. I will be managing the operation, and my son and son-
in-law ..viII be helping with the details. The design, permitting, and construction will be
handlcd by a professional design-build contractor with many years of experience in this
area. We have not finalized the selection of this contractor, and will not do so until we are
notified we will be accepted, but it will be a firm that does at least $400,000,000 million
in sales annually, so this project will be no problem for them to expedite.
All of the above items are the way we would like to see the property developed. Weare
willing to negotiate with the county and airport on any of the above items to make this
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master eopy 1l-01-06.doc
Page 26
.. '1''''''4
Immokalee Regional Airport '''''N;;;e;';;ber'14', 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 29 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
Exhibit "D"
work for he benefit of both parties. I Robert C. Forbis will be the primary contact
regarding this development. If you would like to reach me my phone number is 239-641-
8000 and my address is 1443 Railhead Blvd., Naples, FL 34110
If you should have any questions please do not hesitate to contact me,
Robert C. Forbis
(Tenant's Initials)
Y:\lmmokalee Regional Airport\Leases\Premier\Premier lease - master copy II-OI-06.doc
Page 27
^ ..L 'L. . "''''''4
Immokalee Regional Airport November 14, 2'0 6
TradePort Manufacturing License and Sub-Lease Agreement - October 2006Page 30 of 1
Collier County Airport Authority, Sub-Lessor (Authority)
Robert Forbis Inc., DBA Premier Electric, Sub-Lessee (Tenant)
EXHIBIT "E" - ORIGINAL
SPECIAL PROVISIONS
Special Provisions are provision that as of this Agreement's Execution Date differ from the applicable standard
form provisions. They are:
[If "None" state "None."]
*******************************************************
[- EXAMPLE-]
REVISED EXHIBIT "E" - 1 ST REVISION
Amendments
First Amendments to this Agreement, effective on the _ day of
,2_: are:
,etc.
ATTEST: TWO WITNESSES
Robert Forbis Inc., DBA PREMIER ELECTRIC
By:
FIRST WITNESS
Robert C. Fortis, Owner- President
(Corporate Seal)
Print Name
SECOND WITNESS
Print Name
(Tenant's Initials)
Y:\Immokalee Regional Airport\Leases\Premier\Premier lease - master eopy t 1-01-06.doc
Page 28
RESOLUTION NO. 06-43
Agenda Item No. 1684
November 14, 2006
Page 31 of 31
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY RECOMMENDING
THAT THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AND
AUTHORIZE ITS CHAIRMAN TO EXECUTE A THIRTY -FIVE (35) YEAR SUB-LEASE
AGREEMENT AT AN INITIAL RENT OF TEN CENTS (SO.10) PER SQUARE FOOT WITH
ROBERT FORBIS, INC. D/B/A PREMIER ELECTRIC TO CONSTRUCT A MINIMUM 35,000
SQUARE-FOOT FACILITY ON A MAXIMUM OF ELEVEN AND ONE TENTH (11.1) ACRES
OF LAND AT THE IMMOKALEE REGIONAL AIRPORTffRADEPORT
WHEREAS, the Collier County Airport Authority ("Authority"), pursuant to County Ordinance
2004-03, as amended, manages, operates and maintains the Immokalee Regional Airport/Tradeport
("Airport"); and
WHEREAS, Florida law requires the Authority solicit bids for non-aviation related commercial
development at the Airport; and
WHEREAS, the Authority, according to County Purchasing Policy, solicited Requests for Proposal
(RFP) for "Commercial Development and Use at the Immokalee Regional Airport Pursuant to Airport Land
Lease Agreement(s);" and
WHEREAS, Robert Forbis, Inc. d/b/a Premier Electric ("Robert Forbis") submitted its
Proposal to construct a minimum 35,000 square-foot assembly, packaging, warehousing and distribution
facility on a maximum of an eleven and one tenth (11.1) acres of land Airport, which Proposal has been
selected for negotiation of proposed development and terms; and
WHEREAS, the Authority and Robert Forbis negotiated a thirty-five (35) year term at an initial
rent often cents ($0.10) per square foot and all additional provisions of the Sub-Lease Agreement; and
WHEREAS, the Authority and Robert Forbis, Inc. d/b/a Premier Electric desire that the Board of
County Commissioners execute the subject Sub-Lease Agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the Authority hereby recommends that the Collier County Board of
County Commissioners approve and authorize its Chairman to execute attached thirty-five (35) year Sub-
Lease Agreement at an initial rent of ten cents ($0.10) per square foot with Robert Forbis, Inc. d/b/a
Premier Electric to construct a minimum 35,000 square-foot facility on a maximum of eleven and one tenth
(11.1) acres of land at the Immokalee Regional AirportlTradeport.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport
Authority this 9th day of October 2006.
ATTEST:
~Q
Theresa M. Cook, Executive Director
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
BY:~
Stephen L. Price, Chairman
Approved as to form and legal sufficiency
'D~, ~,J~
Tom Palmer, Assistant County Attorney
Y:\Administration\AA Board\Resolutions\2006 Resolutions\Res 06-43 Premier Electric,doc
~
Agenda Item No. 16H1
November 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
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTION/EVENT: Economic Development Council of Collier County Exclusive Member
Breakfast, held at the Naples Grande Resort & Club in Naples, Florida.
PUBLIC PURPOSE: Meet and interact with local business leaders.
--
DA TE OF FUNCTION/EVENT: November 9, 2006
FISCAL IMPACT: $35.00 Funds to be paid from Commissioner's travel budget.
RECOMMENDA TION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner
Frank Halas while serving a valid public purpose.
PREPARED BY: Sandra Lea, Executive Aide to BCC
--
Ilem Number:
Ilem Summary:
Meeting Oale:
Agenda Item No, 16H 1
November 14, 2006
Pa[le2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
,6H1
Commissioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid public purpose. Attended the Economic Development Council
Exclusive Member' Breakfast on Thursday, November 9, 2006, at The Naples Grande Resort
& Club In Naples, Florida $35.00 to be paid from Commissioner Halas' travel budget
11/14/20069:0000 AM
Date
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCe
Bce Office
101261200610:34 AM
County Manager
Date
Approved By
James V, Mudd
Board of County
Commissioners
County Manager's Office
10127120063:02 PM
Agenda Item No. 16H1
November 14, 2006
Page 3 of 3
PCease join 'EVC 'Benefactor, :Foundations a:ruf Premier m.em6ers
for 'Breakfast
sveciaf (juest Presenter
'Dr. 'Davia:M.. Jcn:ws, 'President & C'EO, 'DMJ .:4.d"visors, LeC
am;[
Cfiairman of tfie 'Board:, Investor's Security 'Trust Company
Vate: '11iursaay. Nove.mEer 9, 2006
'Iime: 7:30 - 9:00 a. m..
Location Sponsor: '11i.e Napfes Grande ~sort & Cfu6
475 Seaaate 'Drive
NayCes, :1L 34103
'11iis memfjer 6enefit for Ceatfi:ne 'Eve mem6ers wi{[ be
a eood'source of information for you, wFiife suyyorti1'l(J
tlie nwst aynamic business oreanization in CofIier County!
1tS'VP fry October 2tJf' to :Maureen CFiristensen, 'EVC,
at 239-263-8989, 'Ext. 106
Agenda Item No. 16H2
November 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 detelmined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTION/EVENT: The Collier Building Industry Association, Inc. Installation of the 53rd
Board of Directors and Officers and the Builder & Associate of the Y ear Awards.
.-
PUBLIC PURPOSE: Meet and interact with representatives of the local development
community.
DATE OF FUNCTION/EVENT: November 18,2006
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. 99-410, approve reimbursement by the Clerk for meals provided to Commissioner
Frank Halas while serving a valid public purpose.
PREPARED BY: Sandra Lea, Executive Aide to BCC
.-
Item Number:
Item Summary:
Meeting Dale:
Agenda Item No, 16H2
November 14, 2006
Page2of3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H2
CommIssioner Halas requests Board approval for reimbursement regarding attendance at a
function serving a valid publiC purpose. Attending the Installation of the 53rd Board of
Directors and Officers of the CollIer Building Industry Association, Inc. and the Builder &
Assoclale of the Year Awards on Saturday, November 18, 2006 at The Naples Grande
Resort & Club. $125.0010 be paid from Commissioner Halas' travel budget
11/14/20069:00:00 AM
Date
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the Bee
BCC Office
10/31/200612:5& PM
James V, Mudd
Date
Approved By
Board of County
Commissioners
County Manager
County Manager's Office
10131/20062:03 PM
----Agendaltem-j,{6:"16H2-- _.~-.
November 14, 2006
Page 3 of 3
The Co{fier 'Buifding Industry .Jlssociatio~ Inc.
'Requests tne J{onor of Your Presence at
TFie Insta{{ation of tFie
53rtf 13 0 ard of 'Directors and Officers
&
The 13uifder & .Jlssociate of the year 5twardS
Saturcfay, November 18tfi, 2006
The Nay{es (jrarufe 'Resort & C{ub
Cocktaifs 6:o0p:M. - Dinner 7:ooP:M.
:fo{{owed' by the Insta{{ation,
the AwardS Ceremony ana
'Dancing & 'Entertainment
One J-{unarea Twenty :five Do{{ars yer Person
'Brack Tie Oytiona{
'R.S.Y.P. from onCine at www.cbia.net
PROCLAMATION
Agenda Item No. 16H3
November 14, 2006
Page 1 of 2
WHEREAS, the geographic area of the United States of America was occupied
by Native Americans prior to the existence of the formation of the
United States of America: and,
WHEREAS, the United States of America recognized the existence of Native
Americans through treaties and other governmental documents: and,
WHEREAS, the Cherokee Nation, duly formed in its constitution dated
September 6, 1839, modeled its constitution from that of the
United States of America: and,
WHEREAS, Native Americans as a people have made significant contributions to
the safety and prosperity of the United States of America by
ceding their lands, the integration of their language, their service
in the armed forces, and their commitment as citizens: and,
WHEREAS, in 1962 the Senate and House of Representatives, in honor of the
contributions of Native Americans resolved, under the Presidency of
John F. Kennedy, that the fourth Friday of September be set
aside as a state and federally recognized Native American Holiday:
and,
,-
WHEREAS, on October 21, 2000, the Sumter Native American Family Tribe,
Inc. was duly formed in Sumter County, Florida to locally honor
Native Americans through public education and community services.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that every fourth Friday in September
be designated as
NATIVE AMERICAN DAY
and we urge our citizens to observe this day by celebrating the
service of the Native Americans to the United States of America
and Collier County, Florida.
DONE AND ORDERED THIS 14th Day of November, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Agenda Item No, 16H3
November 14, 2006
Page 2 01 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H3
Meeting Date:
Proclamation recognizing every fourth Fnday in September be designated as Native
American Day. (Proclamation will be mailed)
11/14/2006 9:00:00 AM
Prepared By
Paula Springs
Board of County
Comm lssioners
Executive Aide to the BCe
Date
BCC Office
11/1/20063:68:55 PM
Approved By
Sue Filson
ExecutivG Manager to the BCe
Date
Board of County
Commissioners
Bee Office
11/1/20064:18 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
11/112006 5:46 PM
Agenda Item No. 1611
November 14, 2006
Page 1 of 5
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
November 14, 2006
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida
Statutes, Chapter 136.06(1), the disbursements for the Board of
County Commissioners for the period:
(1) October 7, 2006 through October 13, 2006.
(2) October 14, 2006 through October 20, 2006.
B. Districts:
,..-..
(1) Parklands Collier Community Development District:: Annual
Meeting Schedule of FY 2007.
(2) Mediterra South Community Development District: Annual
Meeting Schedule of FY 2007.
(3) Fiddler's Creek Community Development District #2: Annual
Meeting Schedule of FY 2007.
(4) Fiddler's Creek Community Development District #1: Annual
Meeting Schedule of FY 2007.
(5) Naples Heritaqe Community Development District: Minutes of
January 17, 2006; Agenda for June 17, 2006
(6) Heritaqe Greens Community Development District: Minutes of
July 10, 2006; Agenda for July 10, 2006; Adopted Operating
Budget FY 2007.
,,-
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\111406_misc_con-.doc
Agenda Item No. 1611
r~ovember 14, 2006
Page 2 of 5
C. Minutes:
(1) Code Enforcement Board: Minutes of September 28, 2006.
(2) Collier County Library Advisory Board: Agenda for October 18,
2006; Minutes of September 27, 2006.
(3) Immokalee Master Plan and Visioninq Committee & CRA
Advisory Board/EZDA: Agenda for Joint Meeting of September
20, 2006.
(a) Immokalee Master Plan and Visioninq Committee and
Immokalee Local Redevelopment Advisory Board:
Minutes of September 20, 2006.
(b) Enterprise Zone Development Aqency: Minutes of
September 20, 2006; Agenda for September 20, 2006.
(c) Community Redevelopment Advisory Board: Minutes of
September 20, 2006
(d) Immokalee Local Redevelopment Advisory Board:
Agenda for September 20,2006.
(4) Environmental Advisory Council: Agenda for November 1,
2006; Agenda for October 4, 2006; Minutes of October 4, 2006.
(5) Collier County Parks and Recreation Advisory Board: Agenda
for August 16,2006; Revised Minutes of August 16, 2006;
Agenda for September 20,2006; Minutes of September 20,
2006; Agenda for October 18, 2006; Minutes of October 18,
2006.
(6) Collier County Citizens Corps Advisory Committee: Minutes of
June 21, 2006; Revised Minutes of September 20, 2006;
Minutes of October 18, 2006; Agenda for October 18, 2006;
H:\DATA\FRONT DESK - 2006\2006 Miscellaneous COlTespondence\111406_misc_coTI".doc
Agenda Item No. 1611
November 14, 2006
Page 3 of 5
--
(7) Collier County Planninq Commission: Agenda for October 19,
2006; Minutes of September 7,2006; Agenda for November 2,
2006; Minutes of September 21, 2006.
(8) Collier County Domestic Animal Services Advisory Committee:
Minutes of September 12, 2006.
(9) Golden Gate Community Center Advisory Committee: Agenda
for October 11, 2006; Minutes of October 11, 2006.
(10) Ochopee Fire Control District Advisory Board: Minutes of May
8, 2006.
(11) Conservation Collier Land Acquisition Advisory Committee:
Minutes of September 11, 2006.
(12) Isles of Capri Fire/Rescue Advisorv Board: Minutes of October
6, 2006; Agenda for October 5, 2006.
,-.
(13) Collier County Historical/Archaeoloqical Preservation Board:
Agenda for October 18, 2006; Minutes of September 20,2006,
Meeting Cancelled - Lack of Quorum.
(14) Forest Lakes Roadway and Drainaqe M.S.T.U. Advisory
Committee: Minutes of October 11,2006; Agenda for
November 8, 2006.
(15) Vanderbilt Beach M.S.T.U. Advisory Committee: Minutes of
October 5, 2006; Agenda for November 2, 2006; Final FY
October 2005 - September 2006 Budget Report.
(16) Bayshore Beautification M.S.T.U. Advisory Committee: Agenda
for November 1, 2006; Minutes of October 4, 2006.
(17) Pelican Bay Services Division Board: Agenda for October 4,
2006; Minutes of October 4, 2006.
(a) Clam Bav Committee: Minutes of August 2, 2006.
,.--
H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\111406_misc_corr.doc
".-
".-'
Agenda Item No. 1611
November 14, 2006
Page 4 of 5
(18) Collier County Public Vehicle Advisorv Committee: Agenda for
November 6,2006.
D. Other:
(1) Reaional Advisory Committee on Trauma Services: Minutes of
August 15, 2006.
H:\DAT A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\111406_misc_corr.doc
Aoenda Item No. 1611
I\lovember 14, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
1611
To file for record with action as directed.
11/14/2006 9 00.00 AM
Prepared By
Sam Tucker
Executive Aide to the Bee
Date
Board of County
Commissioners
Bce Office
10131/2006 11 :04:15 AM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
Bce Office
10131/2006 11 :51 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10/31120066:14 PM
-
Agenda Item No. 16J1
November 14, 2006
Page 1 of 3
-
EXECUTIVE SUMMARY
RECOMMEND THAT THE COLLIER COUNTY COMMISSION ENDORSE THE UNITED STATES
DEPARTMENT OF JUSTICE/DEPARTMENT OF TREASURY FEDERAL EQUITABLE SHARING
ANNUAL CERTIFICATION REPORT.
-------------------------------------------------------------------
OBJECTIVE: To have the Collier County Conunission endorse the United
States Department of Justice/Department of Treasury Federal Equitable
Sharing Annual Certification Report form.
CONSIDERATION: The Collier County Sheriff I s Office participates in
joint investigations with the United States Department of Justice and
United States Department of Treasury to enforce federal criminal laws.
Local law enforcement agencies that directly or indirectly participate in
an investigation or prosecution that result in a federal forfeiture by
these agencies may request an equitable share of the net proceeds of the
forfeiture. The Departments of Justice and Treasury require that a
Federal Annual Certification Report be submitted within 60 days after the
end of each fiscal year. The fiscal year 2006 Federal Annual
Certification Report needs to be signed by the Chairman of the Board of
County Conunissioners.
FISCAL IMPACT: Requested equitable share revenues are accounted for
according to Equitable Sharing of Federally Forfeited Property for State
~ and Local Law Enforcement Agencies guidelines. The fiscal year in which
the revenues are received depends on when a case is closed. Total
revenues to be received cannot be determined until cases are closed.
GROWTH IMPACT: None.
RECOMMENDATION: That the Collier County Conunission endorses the 2006
Federal Annual Certification Report.
PREPARED BY:
'-.. ,F'-
--...
....--. -.....'"
...
APPROVED BY:
DATE:
~
Agenda Item No, 16J1
November 14, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16J1
Meeting Date:
Recommend that the Collier County CommiSSion endorse the United States Department of
JustIce/Department of Treasury Federal Equitable Sharing Annual CertifIcation Report
11/14/2006 90000 AM
Item Summary:
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1116/20066:02 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11/6/20067:16 PM
Federal Annual Certification Report
This report must be submitted within 80 deys efter the olole of your flscel year to the:
11:.. _
.
.
· . [J~~..'~"J ""~. p. ,)~ ~"J,
.a1J ......-1. ~~
~ ,",. ~
~ ,,:,~~--_.~~.~.. ~
17l\9
Law Enforcement Agency: ~lie.!" C.2!-.m!y Sheriffs OfIice
o Police Department G Sheriff's OfficelDc::partmCDt 0 Task Force (llIachlist oflJllalbors) 0 Prosecutor's Office . 0 Other t_ -- :.COO:-''''-'
Contact Person: L-!2y-ce Houran ! E-mail Address:[9r8nts@colliersheriff.net :~=_:=
Mailing Address: (Stteet~3301 TamiamiTrail East !ccity)i Naples ~State)i Florida l(Zip Code)I34112
Telephone Number: IT~[b 793-9346 Fax Number: d 239h l?~3-9405
-----1 .'
Agency Fiscal Year Ends on: (MonthlDayNear)I 9/30/06 J NCIC/ORllTracklng No.: iFlO1JPO
, Summary of Equitable Sharing Activity
(Fiscal Year Ending ! 2006 I)
Asset ForfeIture and Money 1.IIundering Section
U.S, Department of Justice
10tl1and Constitution Avenue, NW
Bond Building, 10'" Floor
Washington, DC 20530
Fax: (202) 616.1344
E-mlll address: afmll.aea@usdol.gov
Executive Office for Asset ForfeJture
U.S. Departmant of tha Treasury
740 15th Stre,,~ NW
Sulto 700
WOshlngton, DC 20220
Fax: (202) 622.9610
E-mail addrass: treas.aceC!ltaoat.treas.gov
1. Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) . .
2. Federal Sharing Funds Received from the Department of Justice and the Department of the Treasury ... . . . . . ,
3. Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (complete attachment)
4. Other Income ...........,..,......................................,............,.,........
5. Interest Income Accrued (0 check ifnon-interest-bea.ring account) ...................................
6. Total Equitable Sharing Funds (total oflines 1 - 5) ........,........ , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7. Federal Sharing Funds Spent (total oflines a - n) . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . .
8. Ending Equitable Sharing Fund Balance (subtract line 7 from line 6) ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . .
9. Appraised Value of Other Assets Received ...................................,..................
Summary of Shared Monies Spent
a. Total spent on salaries for new, temporary, not to exceed I-year =ployees . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ ,
b. Total spent on overtime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
c. Total spent on informant and "buy money" ...,.................................................. $
d. Total spent on travel and training ... . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . . , . , . . .. $ [~oo::oo:;
e. Total spent on communications and computers ......................,.,................,........, $ L___.=n:o-.o.J
f. Total spent on firearms and weapons .....................................,...................., $ L--o::DQ'l
g. Total spent on body armor and protective gear . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . . . . .. $ 'O.OOJ
h. Total spent on electronic surveillance equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ L_.Q..OJD
i. Total spent on building and improvements . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . .. $ l o::miI
j. Total spent on drug education and awareness programs. . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . .. $ L':"',::~,_,._-_l:Uxii
Ie. Total spent on other law enforcement expenses (complete attachment) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $' -0::001
1. Total transfers to other state and local law enforcement agencies (complete attachment) .....,....,........ $ I 'C>.DO]
m. Total permissible use transfers (complete attachment) .......,....................................., $ I
Amount ofline (m) used for drug abuse treatment
and prevention programs ,..............,. $ '-_ _ _,__ _, OJ.O.oJ
n. Total spent on matching grants (complete attachment) . . . . . . . . . . , . . . . . . . . . . . . . , , . . . , . . . . . . . . . . . . . , . .
o. Your agency's budget for current fiscal year .................,..................,... $
p. Your jurisdiction's budget for current fiscal year . . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . .. $
q. Your agency's budget for prior fiscal year ..., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . , . . . $L
r. Your jurisdiction's budget for prior fiscal year. , .. .. . . . . . . . . . . . .. . . .. . .. . . . , . . . .. . .. . $f
I
m_~~_:~
I
-------,
I
$ i . ...JLo.o.]
$ i O..QOJ
$' 0001
$ i O~oJJJ
$ :.-__---D.M
$ L MOJ
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$ C-::.:::::o::QO]
$1 DQllI
$ 1_ D OQj
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$i 0 ;Q.OJ
Under the penalty of perjury, the undersigned hereby certify that the information in this report is an accurate accounting of funds received and spent by the law
enforcement agency under the federal equitable sharing program during this reporting period.
iDateUO/10/06 j
Name (Print or Type)! Frank Halas___
Governing Body Head
Signature:
I I
,JDate!
Title: iChairman, Collier County Commission
Thia form i.I: .ubjcct to the Freedom oflnformatiolt Aet aDd ma)' be rcleucd under 5 U .S.C. I 552. Seo www.usdoi.&ov/crimiDaUafmla.hrml or www.tre".2ov/officel/en{orc:c:mcnUteoaffoT additional forms.
I Include under Jumc:e luftd, Ibued cub, proeae.d., and property received from the Drua Ea{orcemcDt Admininatio11 (DEA), Federal Bureau ofInveAiptioll (FB!), U.S. AttorDcy', Officc.. U.S. POltallDapcction Service.
Food and DruS Admini.tratiDD, and U.S. DepartmeDt of Asricu1turc.
'Include UDder Treasury fund,.bared Clsh. proceed.a, aDd property received from the Bureau of Alcobol, Tobacco, Firearm..ac Explo.ivca: (ATF)-,lDtemal Rn'eDUC Service (IRS), U.S.
Immigration IDd Custoa:u Enforcement (ICE), U.s. Cu.tomll.lld B01'cIor Protection.. U.S. Socret Sarvicc, and U.S. Cout Guard.
.Tbe Bureau oC Alcobol, ToblCOO, fire&rmland ExplOlivec ii, component of the Department of JUltico. but AU', equitable Ihuia, i. ;u:rT.otly proc.,ocI by the Dcpanmcat of
~reuurY: Uot' 'NIT~f~t~~.rdp_cbfromATFu.yo.r'FIlCJ',.Tr....ryltp__'
._~ D.JII\. it. JiiW.'MB, GIIIb
Ass st ounty Attorne1
..
'____".__ - __"_..u__._____. _~._ _ ____ _._ ___ ___..___.______ __~____..____'.__.._.___ ___ >_. _.__. .___.___..
I.p: ,i 2()(,:i
v
Agenda Item No. 16J2
November 14, 2006
Page 1 of 7
,-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve the disposal of assets no longer
deemed of value and accept the report regarding the recent disposition of assets for the 2006 fiscal
year.
OBJECTIVE: To comply with the reporting requirements set forth under Florida Law regarding the
disposition of County assets no longer deemed useful or to have commercial value.
CONSIDERATIONS: In the Board of County Commissioners' (Board) agency, Board departments
serve as custodians of their respective fixed assets. The Clerk of Courts Finance Division is
responsible for inventorying and tracking these assets. The Board's Purchasing Department is
responsible for managing the transfer disposition of surplus fixed assets.
Section 274 F.S governs the disposition of surplus fixed assets. Subsection 274.06 requires that the
authority to dispose of all assets be recorded in the minutes of the governing Board. Most
dispositions of fixed assets occur through the sale of such items via public auction or by sealed
bidding. In both instances, the Purchasing Department obtains approval from the Board to sell the
respective items.
Enclosed is a list of assets that management no longer deemed useful to County operations and are
.- not considered to have commercial value. These asset dispositions were presented to the Finance
Department after the deadline for the last Board meeting where asset dispositions were approved.
The majority of these items have been discarded. In order to ensure compliance with the referenced
statute, the enclosed report is being submitted to the Board for approval and acceptance into the
record.
FISCAL IMPACT: There is a realized loss of $31,012.30 in the Enterprise funds and $6,142.10 in
the Governmental funds.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with
this work.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed report in
compliance with Section 274 F.S. regarding the disposition of surplus property.
PREPARED BY: Enas Khalil, Accountant II, Clerk's Finance Department
REVIEWED BY: Steve Carnell, Director of Purchasing / General Services
.-
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J2
Agenda item No. 16J2
November 14, 2006
Page 2 of 7
Recommendation that the Board of County Commissioners approve the dispcsal of assets no
longer deemed of value and accept the report regardl'1g the recent disposition of assets for
the 200E. fiscal year
11114/200690000 AM
Date
Approved By
Kelly Jones
Clerk of Courts
Senior Accountant
Finance
11/3/20066:11 AM
Date
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Purchasing
11/4/2006 7:05 AM
Date
Approved By
Michael Srnykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
11/6/20062:20 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
11/6/20062:37 PM
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EXECUTIVE SUMMARY
Agenda Item No. 16J3
November 14, 2006
Page 1 of 9
"-
RECOMMENDATION TO ADOPT THE BUDGET AMENDMENT APPROPRIATING CARRY
FORWARD AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS FOR NON-
PROJECT FUNDS AND FOR UNEXPENDED BUDGET FOR PROJECT FUNDS AT THE END
OF FISCAL YEAR 2006.
OBJECTIVE: To have the Board of County Commissioners approve budget amendments
appropriating $292,180,768.36 of carry forward, in various funds.
CONSIDERATIONS: In operating (non-project) funds, purchase orders were issued to various
vendors during FY 2005-2006 and there were budgets to pay for those purchases. The purchase
orders continue to be valid at fiscal year end. The County continues to need those products or
services ordered. However, the budgets to pay for these items expired as of September 30th. If the
purchase orders were cancelled on September 30th they would have to be reissued on October 1st
which would require unnecessary record keeping changes for the vendors, the County's
Purchasing Department, the Clerk's Finance Department and the department which placed the
order. Therefore, FY2007 budgets need to be increased by $6,856,975.15 to replace those that
expired, to allow payment to be made.
In project funds (principally capital projects and grants), appropriations are budgeted for the life of
the project. Most projects are multi-year. In our financial system, unspent project balances in FY
06 were automatically rolled into the new fiscal year. This also eliminates the skew in the adopted
budget resulting from re-budgeting "old capital projects" in the new fiscal year. Unexpended
r. project balances carried forward from FY 06 amount to $285,323,793.21.
FISCAL IMPACT: To approve budget amendments in the amount of $292,180,768.36
for the various funds. The Board previously approved the fiscal year 2007 budgets and the various
purchase orders. Purchase orders that were carried forward in Non-E?roject funds amounted to
$6,856,975.15. Unexpended budget i11Project Funds that were carried forward was in the amount
of $285,323,793.21.
GROWTH MANAGEMENT IMPACT: Many of the capital project budgets (Le., roads, water and
. wastewater) being carried forward are for Category A facilities, which are required to meet
concurrency requirements in the County Growth Management Plan.
RECOMMENDATION: The Board approve the budget amendments for $292,180,786.36 to
appropriate carry forward and expenditure budgets.
PREPARED BY: PurchasinQ and Finance Departments
--
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J3
Agenda Item No, 16J3
November 14, 2006
Page 2 of <)
Recommendation to adopt the budget amendment appropriating carry forward and
expenditure budgets for open purchase Orders for non-project funds and for unexpended
budget for project funds at the end of Fiscal Year 2006
11/14/200690000/IM
Date
Approved By
Steve Camell
Adminis-trative Services
Purchasing/General Svcs Director
Purchasing
11/4/2000 7:19 AM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
11/6/20061 :37 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
11/6/2006 1 :54 PM
Fund
Cost Center Funds:
001 General Fund
101 Transportation Services
109 Pelican Bay MSTUBU
111 MSTD General Fund
113 Community Development
131 Development Services
152 Lely Golf Estates Beautification MSTU
174 Conserv Collier MA
184 TDC Tourism Promo
186 Immokalee Redevelopment
196 TDC Disaster Recovery
198 Museum
408 County Water Sewer Operating
411 Water Impact Fee
470 Solid Waste Disposal
473 Mandatory Trash Collections
490 EMS
495 Collier County Airport Authority
517 Group Health & Life
518 Workers Compensation
521 Fleet Management
778 Pelican Bay Light
Description
Project Funds:
112 MSTD Road & Bridge
116 Miscellaneous Grants
117 Natural Resources Grants
118 Emergency Management Grants
119 Summer Food Grant
121 CDBG Grants
123 Se rvices for Seniors Grants
126 Transportation Grants
128 MPO Grants
129 Library Grants
136 Golden Gate Beautification
150 Radio Road Beautification
155 Forest Lakes Road MSTU
156 Immokalee Road MSTU
160 Bayshore Road MSTU
183 TDC Beach Park Facilities
191 SHIP
195 TDC Beach Renourishment
301 County Wide Capital Projects
306 Parks Improvements
307 Library Improvement
310 Community Development Systems
313 Road Construction - Gas Tax
320 Clam Bay Restoration
325 Water Management
331 Road Impact Fee - District 1
333 Road Impact Fee. District 2
334 Road Impact Fee. District 3
336 Road Impact Fee - District 4
338 Road Impact Fee - District 6
339 Road Impact Fee - District 5
345 Regional Park Impact Fee
346 Unincorporated Park Impact Fee
350 EMS Impact Fee
355 Library Impact Fee
368 Naples & Urban Park Impact Fee
381 Correctional Facilities Impact Fee
385 Law Enforcement Impact Fee
390 Government Facilities Impact Fee
411 Water Impact Fee
412 County Waler Capital Projects
413 Sewer Impacl Fee
414 County Sewer Capital Projects
426 CATT Transit Enhancement
427 Transportation Disadvantaged
474 Solid Waste Disposal Grants
491 EMS Grants
496 Airport Authority Grants
Amount
695,027,68
56.987,00
19.278,87
2.763.320,49
113.316,00
43.594.19
74.995.47
3.000,00
124,051,39
249.240,00
179.277.52
311.167.40
495.917.29
3.300,00
263.72000
109.896,55
704.184.00
50.000.00
257,733,50
7.656.47
321,871,00
9,440,33
6,856.975.15
1.588,443.50
50.212.25
9.167.52
2.949.41
157.331,07
2,149,974.33
295.743,09
15.97428
153,309,12
6.691.36
203.587.63
31.510.40
231,858,21
197.728.41
18.706,95
28.755,00
45.585,16
2.596.972,88
6,797.313,13
1.147.04166
36.072.93
221.892 94
124.673,452,99
105,82549
200.000,00
2.330.610,79
26.443,642,89
8.074.295.86
159,412.26
19.315.817,96
1,302,81
667.44
1.220,505,64
788.763,39
967,504,39
168.614.68
1,365.223,96
251,359,00
25.965,478,08
24.258,804.60
11.817.56707
5.226.523.00
10.687,223,84
746,177,85
1.195,537,83
2.792,220,99
14,598.98
565.840,19
285.323.793,21
292.180.768.36
Agenda Item No. 16J3
~-Jovember 14, 2006
Page 3 of 9
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Agenda Item No. 16J3
November 14, 2006
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Agenda Item No. 16K1
November 14, 2006
Page 1 of 7
Executive Summary
,-
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $94,000 for the Acquisition of Parcel 157 in the
Lawsuit Styled Collier County v. Helen Valent, et al., Case No. 04-0524-CA (Vanderbilt Beach
Road Project #63051). (Fiscal Impact: $39,654)
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement as full and final compensation to be paid for the acquisition of Parcel 157 in the lawsuit
styled Collier County v. Helen Valent, et al., Case No. 04-0524-CA (Vanderbilt Beach Road Project
No. 63051).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
June 29, 2004 and by depositing the amount of $69,100.00 in the cOUli registry on July 15, 2004.
The County and Respondent have negotiated a settlement of $94,000 for full compensation. If the
settlement is approved, the County is responsible for the following costs:
-,
. Additional Deposit/Disbursement Amount:
. Expert Fees:
. Clerk's Service fee:
. Statutory Attorney's Fees*:
TOT AL:
$ 24,900
3,600
$ None
$ II,! 54
$ 39,654
*Attorney's fees are mandated by S73.092, F.S., and are based on 33% of the total benefit achieved,
i.e., 0.33 x ($60,200 - $94,000).
This agreement is conditioned upon the parties' understanding that Collier County's contractor will
permit and construct, at Collier County's expense as part of the subject road project, a second
driveway connection to the remainder property. The driveway connection will have its centerline
located at or about Station 375+80. The driveway will be constructed with a width equivalent to
Valent's existing chiveway (15 feet MOL).
Attached is the Mediated Settlement Agreement.
FISCAL IMPACT: Funds in the amount of$39,654 are available in the FY 2007 adopted budget.
Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Mediated Settlement Agreement;
-
2. Approve the Stipulated Final Judgment which incorporates the tenus and conditions of
the Mediated Settlement Agreement to be presented to the Court for entry;
Agenda Item No. 16K1
November 14, 2006
Page 2 of 7
3. Approve the expenditure of funds as stated; and
4. Direct staff to make disbursement of funds.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
2
~
Agenda Item No, 16K1
November 14, 2006
Page 3 of 7
IN THE CIRCUIT COURT OF THE TWENTIElli JUDICIAL CI
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CNIL DIVISION
COpy
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No.: 04-0524-CA
Parcel No.: 157
HELEN V ALENT, et al.
Respondents.
/
MEDIATED SETTLEMENT AGREEMENT
At the Mediation Conference held on October 12, 2006, the parties reached the
following Settlement Agreement:
1. Petitioner will pay to Respondent, Helen Valent, the sum of
$ q~ OOO~ 00 in full settlement of all claims for
compensation from Petitioner whatsoever, including statutory interest, but excluding
attorney's and experts' fees and costs. Said sum will be subject to claims for
apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $ &'l I DO. 00
which was previously deposited in the Registry of the Court in this case by Petitioner.
3. Counsel for Petitioner and Respondent will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter.
4. Petitioner \vill pay Respondent the balance due of $ 3.. 4) q 00. 00
\vithin thirty days of the actual date ofreceipt by Petitioner's counsel of a conformed
copy of the aforesaid Stipulated Final Judgment from the Court.
I of Y
Agenda Item No. 16K1
November 14, 2006
Page 4 of 7
5. Collier County will pay $ J / J54: 00 in statutory
attorney' ~ fees pursuant to Section .73-092(11, flh ~ fP ~:;::::::=::iOll
=:t='~~: ]~~ If auy, afld to dcterm c
$\lppll!mfmtll attamc;y '::; feeS, iL1llY. h"ftt:+t iN c.~O ~s 1'10NE..rAlt.y
A-Nb N" NP10AliL r~ Gl!..tJ&..F"';S'.
6. This Settlement Agreement is subject to review and approval by the Board
of County Commissioners of Collier County.
7, Attached hereto is an addendum to this Agreement.
~ Yes
No
8. This Agreement, dated October 12, 2006" and the attached addendum, if
any, contain all of e agreements of the parties.
~~
Respondent, Helen Valent
r
1:J~~ t, J---
Attorney or etltlOner
~
Mediator
2- of- y
Agenda Item No. 16K1
November 14, 2006
Page 5 of 7
ADDENDUM TO MEDIATED SETTLE:MENT AGREEMENT
This settlement is made subject to the following additional conditions:
J.. C:..-o r I, c:../L C A> v..tJ ''''1 'v'-l' (LL. f)A.../ 4i :3 G> 00. 00
/ , I )
I JJ 1="""'tAL-l.- .sA T1 '5 rAc... TIO,,( 0'::- ALL E}<?EJc..,-S'
COStS 1!\J 114-1 s ~SE...
;2 _ Co t , f r::. ll.- Co (.A..N "/ .5 c:...t? N TRA c-Tt> R-- \A< ( l... L
. I (
-pE:fLM II ~h e.oN.s'-~vr: A" CA:J' (t.::.R.-
Co~t\,\IY 5 ~~pr;:..N6~ AS fA-~T ~ n-IE:
:5tA-5..:r~1CotA;b pRO::rEc\ A 6~C-ClNb
I
"]) R(V l~:bJ 1\ 'I e...b N 1\1.c.:.. c-Tu:? (J l<? TtI c \( A L~N I
I
CJ2-T\ r I ~ .n fC.. ( V ~j..\'fA \. ~C- TT 0
~ f L L 1,-1 A-1J ~ , T ~ C-EJ\! n:... L.., N E, Lc? cA TE b
AT' DR-- ~O'~,- .5",AlfO," i'!o. 3'75+'20.
!1-1t:. :JJfc:~j\(kWAt y'( I L-L ~BC C-ONsC/C-U-c T t::.:D
lr..-I \ T1-( 1\ \,AI ( TH rCQ l^-1 V A L lSJ'..\ T TV \/ A LCNIS
1
~ l( ~l \ ~ ~\ fVlo L .
~~
Pe' oner, t eif70unty
f1~ r ~
Attorney or etltlOner
~-=-d
Mediator
Respondent, Helen Valent
r
~
3 at if
Agenda item No. 16Kl
November 14, 2006
Page 6 of 7
ADDENDUM TO MEDIATED SETTLE:MENT AGREEMENT
'This settlement is made subj ect to the following additional conditions:
;3. ~ L.L 11;.& CtJ l/'-N. TJ \..-,f' LL r:fr nl IS co.s,
Or TIJ~ V\!\t:J)(AT1D,\/ IN 4(5 cA.s~.
~~
~;~
Mediator
Respondent, Helen Valent
~ t),~~
A mey for Resp6ndent -
l[ o~ l[
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16K1
November 14. 2006
Page 7 of 7
16K1
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to De Drafted Incorporating the Same Term5 and Conditions as the Mediated
Settlement A.greement ir. the Amount of $94,000 for the Acquisition of Parcel 157 In the
Lawsuit Styled Cotlier County v. Helen Vaient et aI., Case No 04-0524-CA (Vanderbilt
Beach Road Project #63051) (Flscallmpacl $39654)
11/14/2006900.00 AM
Date
Prepared By
Heidi F < Ashton
County Attorney
Assistant County Attorney
County Attorney Office
10/13/200611:39:22 AM
Date
Approved By
Norm E. Feder. AICP
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
10/13/20064:47 PM
Date
Approved By
Najeh Ahmad
Transportation Services
Director
Transportation Engineering &
Construction Management
10/2512006 1 :43 PM
Kevin Hendricks
Date
Approved By
Transportation Services
Right Of Way Acquisition Manager
TEeM.ROW
10/25120062:21 PM
Approved By
Lisa Taylor
TransW.1rtation Services
Management/Budget Analyst
Transportation Administration
Date
1012712006 3:53 PM
Date
Appro\'ed By
Sharon Nell'!man
Transportation Services
Accounting Supervi 50r
Transportation Services Admin
10/31/200611:01 AM
Date
Appro\'ed By
David C Weigel
County Attorney
County Attorney
County Attorney Office
10/31[200611:57 AM
Date
Approved By
OMS Coordimitor
County M ,.Hl.<\ger's Office
Administrative Assistant
Office of Management & Budget
10131120062:56 PM
Suszn US~ler
Date
Approved By
County ri~3r,<~ger's Office
Senior Mr.mlgemerH/Budget Analyst
OfficE of Mall(1gcment & Bud~Jet
111212006 12:09 PM
Appro\'ed By
Michael Smykov/ski
County Manager's Office
Management & Budget Director
Office of [l.';<1ni1gement & B....tdget
Date
11/3i20D6 9:25 AM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
11/3-/20069:53 AM
EXECUTIVE SUMMARY
Agenda Item No. 16K2
November 14, 2006
Page 1 of 6
Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $57,300.00 for the Acquisition of Parcels 110, 810,
910 and 811 in the Lawsuit Styled Collier County v. Antone C. Mendes, et al., Case No. 03-
2283-CA (Golden Gate Parkway Project #60027). (Fiscal Impact: $58,113.00)
OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement
Agreement as full and final compensation to be paid for the acquisition of Parcels 110, 810, 910 and
811 in the lawsuit styled Collier County v. Antone C. Mendes, et al., Case No. 03-2283-CA (Golden
Gate Parkway Project #60027).
CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on
September 19, 2003 and by depositing the amount of $25,900.00 for Parcels 110,810 and 910 and
$6,300.00 for Parcel 811 in the court registry on September 30,2003. The County and Respondents
have negotiated a settlement of $50,150.00 for Parcels 110, 810 and 910 and $7,150.00 for Parcel
811 for full compensation. If the settlement is approved, the County is responsible for the following
costs:
~,'~
. Additional Deposit/Disbursement Amount:
. Expert Fees:
. Clerk's Service fee:
. Attorney's Fees:
TOTAL:
$ 25,100.00
$ 24,250.00
$ 150.00
$ 8,613.00
$ 58,113.00
Attached is the Mediated Settlement Agreement for the above stated funds. The Settlement
Agreement is conditioned upon the construction of the County's improvements in accordance with
Sheets 39 and 40 of the construction plans.
FISCAL IMPACT: Funds in the amount of $58,113.00 are available in the FY 2007 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Mediated Settlement Agreement;
2. Approve the Stipulated Final Judgment which incorporates the terms and conditions of
the Mediated Settlement Agreement to be presented to the Comi for entry;
3. Approve the expenditure of funds as stated;
,,-
4.
Direct staff to deposit the sum of $25,100.00 into the registry of the court; and
5. Direct staff to make disbursement of the funds.
PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney
Agenda Item No. 16K2
November 14, 2006
Page 2 of 6
'..
IN THE CIRCillT COURT OF THE TWENTIETH JUDICIAL C
IN AND FOR COLLIER COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
T1T
~
COpy
COILIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No.: 03-2283-CA
v.
Parcel No.: 110,810,910,811
ANTONE C. MENDES, et al.
Respondents.
I
l\1EDIA TED SETTLEMENT AGREEMENT
At the Mediation Conference held on October 20, 2006, the parties reached the
following Settlement Agreement:
-
1. Petitioner will pay to Respondents, Antone C. Mendes and Amy R.
Mendes the sum of $ 50,150.00 for Parcels 110,810, and 910, and will pay to
Respondents, Antone C. Mendes and Martha L. Mendes the sum of $ 7,150.00 for Parcel
811 in full settlement of all claims for compensation from Petitioner whatsoever,
including statutory interest, but excluding attorney's and experts' fees and costs. Said
sum will be subject to claims for apportionment, if any.
2. Petitioner is entitled to a credit in the amount of $25,900.00 for Parcels
110,810, and 910 and $6,300.00 for Parcel 811, which amounts were previously
deposited in the Registry of the Court in this case by Petitioner.
3. Counsel for Petitioner at\l Respondents will jointly submit to the Court for
signature a mutually approved Stipulated Final Judgment in this matter as soon as
practical hereafter.
4. Petitioner will deposit in the Court Registry the balance due of $24,250.00
for Parcels 110,810, and 910 and $850.00 for Parcel 811 within thirty days of the actual
date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated
Final Judgment from the Court.
'.
Agenda Item No, 16K2
November 14, 2006
Page 3 of 6
5. Collier County will pay $ 8,200.50 for Parcels 110,810, and 910 and
$412.50 for Parcel 81lin full satisfaction of all attorney's fees arising from any monetary
and nonmonetary benefits in this case. Collier County will pay $ 24,250.00 in full
satisfaction of all experts' costs in this case for Parcels 110,810,910, and 811. The Court
will retain jurisdiction to determine apportionment issues if any, and to determine
supplemental attorney's fees, if any.
6. This Settlement Agreement is subject to review and approval by the Board
of County Commissioners of Collier County.
7. This Settlement Agreement is conditioned upon the construction of the
County' oS improvements in accordance with Sheets 39 and 40 of the construction plans
attached hereto as Exhibit A.
T is Agreement, dated October 20, 2006, contains all of the agreements
~erto~;
~
Mediator
~
Attorney for Respondents
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K2
November 14, 2006
Page 6 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K2
Recommendation to ;',pprove a MedIated Settlement Agreement and a Stipulated Final
Judgment to be Drafted Incorporatmg the Same Terms and Conditions as the Mediated
Settlement Agreement in the Amount of $57,300.00 for the Acquisition of Parcels 110, 810,
910 and 8111n Hie Lawsuit Styled Collier County v. Antone C Mendes, at aI, Case No 03-
2283-CA iGolden Gate Parkway Project #60027) (Fiscal Impact S58,11300i
11/14/200690000 AM
Date
Prepared By
Heidi F. Ashton
County Attorney
Assistant County Attorney
County Attorney Office
10/24/20063:44:36 PM
Date
Approved By
Kellin Hendr'lcks
Transportation Services
Right Of Way Acquisition Manager
TEeM-ROW
10/25/20062:21 PM
Najeh Ahmad
Director
Date
Approved By
Transportation Services
Transportation Engineering &
Construction Management
10125/20063:24 PM
Norm E. Feder, A1CP
Date
Approved By
Transportation Services
Transportation Division Administrator
Transportation Services Admin.
10127/2006 1 :48 PM
Approved By
Lisa Taylor
Transportatinn Services
Management/Budget Analyst
Date
Transportation Administration
10127/20063:54 PM
Date
Approved By
Sharon Newman
Trnnsportatioli Services
Accounting Supervisor
Transportation Services Admin
1013112006 11:21 AM
County Attorney
Date
Approved By
David C. Weigel
County tl.ttorney
County.Attomey Office
10131/2006 11 :59 AM
Administrative p,ssistant
DJte
Approved By
Or-.~B Coordin<ltor
County Manager's Office
Office of Management & Budget
10/31120062:58 PM
Date
Approved By
Susan Usher
County Man<lger's Office
Senior M.anZlgement/Budget Analyst
Office of Mana9!~ment & BudgElt
1116/2006 9:29 AM
Michael Smykowski
Date
Approved By
Cnunty Manager's Office
Management & Budget Director
Office of Management & Budget
11/B/200612:04 PM
Approved By
.James. v. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1116/200612:44 PM
Agenda Item No. 16K3
November 14, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners authorize the law
firm of Garvin & Tripp and attorney Theodore L. Tripp, Esq. to represent
both Collier County and Paul Wilson in Case No. 05-953-CA consolidated
with Case No. 05-1506-CA, also styled Paul Wilson v. Dwight E. Brock, Clerk
of the Circuit Court of Collier County and further authorize the County
Attorney to execute the letter required for such representation.
OBJECTIVE: Recommendation that the Board of County Commissioners authorize the law
fIrm of Garvin & Tripp and attorney Theodore L. Tripp, Esq. to represent both Collier County
and Paul Wilson in Case No. 05-953-CA consolidated with Case No. 05-1506-CA, also styled
Paul Wilson v. Dwight E. Brock, Clerk of the Circuit Court of Collier County and further
authorize the County Attorney to execute the letter required for such representation.
CONSIDERATIONS: The County has retained the law firm of Garvin & Tripp and
specifically, Theodore L. Tripp, Esq. of that fIrm to assist the County in its litigation with the
Clerk. As the Board knows, this litigation involves two cases: Case No. 05-953-CA
consolidated with Case No. 05-1506-CA (sometimes referred to as the "Quo Warranto" case)
and Case No. 04-941-CA (i.e., the case commenced by the Clerk against the County, Paul
Wilson and Linda Swisher). In Case No. 05-953-CA, a County employee, the Ochopee Fire
,..-- Chief Paul Wilson, has joined as a plaintiff with the County. In order to reduce expenses and
duplication of services, Mr. Wilson is willing to allow his interests to be represented by Mr.
Tripp in Case No. 05-953-CA. Pursuant to the Rules of the Florida Bar, dual representation
where there is a potential for conflicting interests requires written authorization from each of the
clients. In this case, as the attached authorization letter states, should a conflict arise at some
point during the litigation in Case No. 05-953-CA, where either Mr. Tripp, the County or Mr.
Wilson believes Mr. Tripp cannot continue to represent both parties, the County would remain
Mr. Tripp's client.
FISCAL IMPACT: No additional fiscal impact will occur; indeed the use of Mr. Tripp to
represent both Mr. Wilson and the County will very likely reduce litigation expenses in Case No.
05-953-CA because Mr. Wilson's current lawyer, Mr. Vasquez, will no longer be charging time
to the County, at least for that case.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board authorize Mr. Tripp and the firn1 of Garvin & Tripp
to undertake the dual representation in Case No. 05-953-CA and further authorize the County
Attorney to sign the attached letter allowing such representation.
PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney
,......-,
05-953-cal1634
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16K3
November 14,2006
Page 2 0; 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16K3
Recommendation that the Board of County Commissioners authorize the law firm of Garvin &
Trrpp and attorney Theodore L. TriPP, Esq. to represent both Coillef County and Paul VVilson
In Case No 05-953 -CA consolidated with Case No. 05~ 1506-CA. also styled Paul 'Nilson v
DWight E Brock. Clerk of the Circuit Court of Collier Count)' and further authOrize the County
Attorney 10 execute the ietter required tor such representation
11114/20069:00.00 AM
Chief Assistant County Attorney
Date
Prepared By
Michael Pettit
County Attorney
County Attorney Office
10/31/200612:11:09 PM
County Attorney
Date
Approved By
David C. Weigel
County Attorney
County Attorney Office
10/31/200612:13 PM
Administrative Assistant
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
10131/20063:05 PM
Michael Smykowski
Date
Approved By
County Manager's Office
Management & Budget Director
Office of Management & Budget
11/312006 9:04 AM
Approved By
James V. Mudd
Board of County
Commissioners
County M twager
Date
County Manager's Office
11/31200610:22 AM
Agenda Item No. 16K3
November 14, 2006
Page 3 of 5
LAW OFFICES
GARVIN & TRIPP
A PROFESSIONAL ASSOCIATION
JEFFREY R. GARVIN
BOARD CERTIFIED CIVIL TRIAL LAWYER
ALSO ADMITTED IN NORTH CAROLINA
THEODORE L, TRIPP. JR.
BOARD CERTIFIED CIVIL TRIAL LAWYER
BOARD CERTIFIED APPELLATE LAWYER
BOARD CERTIFIED BUSINESS LITIGATION LAWYER
2532 EAST FIRST STREET
p, O. DRAWER 2040
FORT MYERS. FLORIDA 33902
TELEPHONE: (239) 334-182.4
ELISA S, WORTHINGTON
KEVIN p, FULARCZYK
ALSO ADMITTED IN MICHIGAN
TELEFAX: (239) 334-6648
October J 1, 2006
., ,
.':.-'
..,
Cl
David C. Weigel, Esquire
Collier County Attorney's Office
3301 Tamiami Trail East
Naples, FL 34112
N
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,-
. .
,-'.,
Mr. Paul Wilson
c/o Eric J. Vasquez, Esquire
900 Sixth Avenue South, Suite 201
Naples, FL 34102
':"'!1
CJ'
RE: COLLIER COUNTY/WILSON VS. BROCK
Dear Mr. Weigel & Mr. Wilson:
This law firm has been asked, by Collier County to provide representation of your interests in the
above captioned litigation. We are pleased to represent you in these matters. It is in your best
interest, and those of Collier County, and within our ethical obligation to each of you, to assure
that you understand the considerations and possible conflicts of interest which may arise in such
dual representation.
It is possible that you individually, and Collier County, may sometimes have different or
conflicting interests and objectives regarding this litigation. For example, you may have
different views as to whether and under what circumstances the matter should be settled; whether
and to what extent offers of settlement may be beneficial to your interest; and whether and to
what extent each of you may be responsible for the claims asserted by the Plaintiff. These
decisions may come up at any time during the litigation. These are just a few examples. Every
litigation situation is unique.
If you each had separate legal representation, both you and Collier County would each have and
advocate for your individual interests, and would receive totally independent advice. Information
given to your own attorney would be confidential and could not be obtained by
Agenda Item No. 16K3
November 14,2006
Page 4 of 5
Messrs. Weigel and Wilson
October 11, 2006
Page 2
your employer without your consent.
That is not the case when one firm advises both of you. Although we will aggressively advocate
for your position, and that of Collier County, we cannot be an advocate for one of you against the
other. Information that either of you gives us relating to this litigation cannot be withheld from
the other. If you ask us to continue to represent you jointly, our eff0l1s will be to assist in
developing a coordinated overall defense to the litigation, and to encourage a resolution of any
differing interests which may arise in an amicable manner which is acceptable to both of our
clients, After considering these factors, each of you must decide whether you wish us to continue
to represent both of you jointly in connection with this litigation. If you do wish such continued
joint representation, please review the statement which is appended to the bottom of this letter,
execute it as indicated, and return the second copy of the letter to us. The original should be
retained for your records,
If at any time either of you wishes to have the advice of separate counsel, you are completely free
to do so. In addition, should a conflict of interest develop between Collier Count and Paul
Wilson, please understand that we have a prior commitment to represent Collier County and will,
therefore, continue to represent their interests in this litigation. Should that event arise, each of
you, by executing this letter, waives our prior representation as a basis for disqualirying this
office from continuing to represent the interest of Collier County.
If any of you have any questions, or I can be of further assistarIce, please do not hesitate to
contact me. ~
q
"
TLT/ro
Enclosure
Agenda Item No. 16K3
November 14, 2006
Page 5 of 5
Messrs. Weigel and Wilson
October 11, 2006
Page 3
We have each reviewed the foregoing letter. Each of us realizes that there are areas where our
interests and objectives may differ, and areas of potential or actual conflict of interest between us
in connection with the litigation matter described above. We understand that either of us, at any
time, may retain separate, independent counsel in connection with this litigation.
After careful consideration, each of us consents to dual representation by the firm of Garvin &
Tripp, P.A. for the purpose of representing our interests in the above captioned litigation. Each
ofus understands and agrees that communications and information counsel receives from any of
us relating to these matters will be shared with the others while the litigation progresses, and may
be open to discovery by the other client. Further, we understand that, in the event of any conflict,
Garvin & Tripp, P.A. will continue to represent the interests of Collier County and we hereby
waive any contention that our dual representation creates or constitutes a conflict with regard to
that continued representation,
David C. Weigel, Esquire
Paul Wilson
Agenda Item t\lo. 17 A
November 14, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve Petition A VESMT -2006-AR-9916-lmperial Wilderness
Storage Maintenance Parcel to disclaim, renounce and vacate the County's and the
Public's interest in a 400-foot long portion of a 65 foot wide drainage easement in the
West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26
East, Collier County, Florida.
OBJECTIVE:
To adopt a Resolution to vacate a 400-foot long portion of a 65 foot wide drainage easement in
the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East,
Collier County, Florida.
CONSIDERATIONS:
Petition AVESMT-2006-AR-9916-lmperial Wilderness has been received by the Engineering
Services Department from Tim Johns, Manager, as agent for the petitioner, for Imperial
Wilderness Condominium Association.
-,
Letters of no objection have been received from applicable divisions/entities.
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAUARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
LEGAL CONSIDERATIONS:
.....-,
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
Agenda Item No, 17 A
~..Jovember 14, 2006
Page 2 of 6
RECOMMENDATIONS:
1. Adopt the Resolution for Petition AVESMT-2006-AR-9916-lmperial Wilderness Storage -
Maintenance Parcel to vacate a 400-foot long portion of a 65 foot wide drainage
easement in the West one-half of the Southwest Quarter of Section 12, Township 51
South, Range 26 East, Collier County, Florida.
2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records.
PREPARED BY: Stephen A. Higgins P.S.M., Engineering Services Department
...,~.....,
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
Agenda Item No. 17A
November 14, 2006
Page 3 of 6
This item was continued from tile Oc~ober 24 Bee meeting and is furthe: continued to the
November 28 BCe meetmg. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recornmendatlon to approve Petition
P,VESMT -20D6..':\R-9816.lmperial V\}ilderness Storage Maintenance Parcel to disclaim,
rer":ounce and vacate the Countys and {t)e Publ18S Interest in that portion of a 65 foot wide
drainage easement in the West one-half of the Southwest Quarter of Section 12, Township
51 South, Range 26 East Collier County, Flonda
11/14/200690000 AM
Date
Prep. red By
Stephen Higgins
Community Development &
Environmental Services
Surveyor
COES Engineering Services
9/22/2006 9:43:26 AM
Constance A. Johnson
Date
Approved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
9122/2006 2: 36 PM
John Houldsworth
Date
Approved By
Community Development &
Environmental Services
Senior Engineer
Engineering Services
912512006 8:01 AM
Thomas E. Kuck, P.E.
Date
Approved By
Community Development &
Envjronment<~1 Services
COES Engineering Services Director
COES Engineering Services
1014/20069:16 AM
Date
Approved By
Joseph K Sr:hmitt
Community Development &
EnvironiNmt..ll Services IHJminstrator
Environmental Services
Community Development & Communitv Develooment &.
EnvlronlT1(~ntat SePJlces Acmin.
10/10/200B 11 :05 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative t"\ssistant
Office of Management & Budget
Date
10/11120062:38 PM
Mark ls.ack5on
Date
Approved By
County Manager's Office
Budget t'.natyst
Office of Management & Budget
'10/11/20063:13PM
Approved By
James V, Mudd
80ard of County
Commissioners
County Manager
County Manager's Office
Date
10/1'1120064:35 PM
WEST ONE- HALl<'
OF THE
SOUTHWEST QUARTER
r\~ClluC1 lv~ld !\lu. J;
November 14, 200
Page 4 of
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EXHIBIT "A"
SKETCH AND DESCRIPTION OF A
DRAINAGE EASEMENT TO BE VACATED
PART OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA
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IMPERIAL WILDERNESS
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1,310'+/-
400'
PORTION OF 65' DRAINAGE
EASEMENT TO BE VACATED
400'
SOUTH LINE OF SECTION 12
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PORTION OF 65' DRAINAGE EASEMENT TO BE VACATED
A PORTION OF A DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1209,
PAGE 1057, SECTION 12, TDVlNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOI"ISI
THE SOUTHERLY 65 FEET OF THE EASTERLY 400 FEET OF THE VlESTERLY 1,310 FEET
OF SAID SECTION 12,
CONT AINING 0,60 OF AN ACRE OF LAND MORE DR LESSj
SUBJECT TO Ef,SEMENTS AND RESTRICTIONS OF RECORD,
I
I
AGNOLI, BAR~R 8. BRUNDAGE, INC.
PROFESSIONA'L ~NGINEERS, PLANNERS . SURVEYORS AND MAPPERS
BY ! .1
---------,-t-------------------------
GUY P. ADAt'lSf PLS. NO. 4390
\ \ Ipro ject:
IMPERIAL WILDERNESS iMPERIAL WILDERNESS
title: SKETCH AND DESCRIPTION OF PART OF SECTION 12, Ildate:
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AUG. 29, 2006
0000"- !scale: IbOOk:
ODD C I
DODO GNOU Certificate of Authonzation Nos. LB 3664 and EB 3664 1 "= 1 00' I page:
o 0 0 0 013 F8.lI:: (239)566-2203
ODD [] C
00000 ARBER & I' pro ject view:
CD 0 0 C 0(3
00 [) 0 0 [) I' nO':06-0088
o [) 0 0 [) 0 RUNDAGE, INC.
Professional engineers, planners, & land surveyors acad:
Collier County: Suite 200. 7400 Tanliami Trail, North; Naples, FL 34108 (239)597-3111 9541-S0
Lee County: 9990 Coconut Road, Suite 103, Bonita Springs, FL 34135 (239)948-6663
NOT A-SURVEY
for:
file no:
9541
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Agenda Item No, 17 A
November 14, 2006
Page 6 of 6
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-9916,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A 400-FOOT
LONG PORTION OF A 65 FOOT WIDE DRAINAGE
EASEMENT LOCATED IN THE WEST ONE-HALF OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA,
AND AS FURTHER DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes,
Petitioner, Imperial Wilderness Condominium Association, has requested the
vacation of a 400-foot long portion of a 65 foot wide Drainage Easement located
in the West one-half of the Southwest Quarter of Section 12, Township 51 South,
Range 26 East, Collier County, Florida, specifically described in Exhibit 'A'; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing was given as
required by law; and
WHEREAS, the granting of Petitioner's request will not adversely affect
the ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in the drainage easements as specifically described in Exhibit 'A' are hereby
vacated, extinguished, renounced and disclaimed, and this action is declared to
be in the Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of this Resolution in the Official
Records of Collier County, Florida; to publish notice of adoption of this Resolution
within thirty (30) days of adoption; and to record such proofs of publication as
required by Section 336,10, Florida Statutes.
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:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
By:
Jeff E, Wright
Assistant Collier County Attorney
Agenda Item No. 178
November 14, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve Petition A VESMT .2006.AR.1 0083, The Rookery at Marco to
disclaim, renounce and vacate the County's and the Public's interest in a portion of a
fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page
1963, Public Records of Collier County, Florida, and more specifically described in
Exhibit "A".
OBJECTIVE:
To adopt a Resolution to vacate all that portion of a fifteen-foot wide Collier County utility
easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County,
Florida, and more specifically described in Exhibit "A".
CONSIDERATIONS:
Petition AVESMT-2006-AR-10083, The Rookery at Marco has been received by the
Engineering Services Department from Hole Montes, Inc., as agent for the petitioner,
Cornerstone Real Estate Advisors, Inc., Jerome Speltz, Vice President.
Letters of no objection have been received from applicable divisions/entities.
--
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
".,..........
Agenda Item t\Jo. 178
November 14, 2006
Page 2 of 7
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
RECOMMENDATIONS:
1. Adopt the Resolution for Petition AVESMT-2006-AR-10083, The Rookery at Marco to
vacate a portion of a fifteen-foot wide Collier County utility easement as recorded in O.R.
Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically
described in Exhibit "A".
2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records.
PREPARED BY: Tonia Leavitt, Operations Analyst, Engineering Services Department
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
178
Agenda liem No. 178
November 14, 2006
Page 3 of 7
Tt1is item was conrinued from the C)cwber 24 Bee meeting and is further continued to the
November 28 BCe meeting This Ilem require!) that all participants be sworn in and ex parte
disclosure be prOVided by CommIssion members. Recommendation to approve Petition
P.VESMT -2006~AR-10083, The Rooltery at Marco to disclaim, renounce and vacate n1e
Countys and Hl€ Publics Interest In a portion of a fifteen-foct WidE- Collier County utility
easement as reearded In OR. Book 1664, Page 1963, PubliC Records of COlllerCounty,
Florida, and more specifically described In Exh:bit A
11/14/2006 9 00 00 AM
Date
Prepared By
Stephen Higgins
Community Development &
Environmental SenJices
Surveyor
CDES Engineering $entices
9/25/2006 1 :04:31 PM
Constance A. Johnson
Date
App roved By
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
10/3/2006 8: 37 AM
Thomas E. Kuck, P .E.
Date
Approved By
Community Development &
Environmental Services
CDES Engineering Services Director
CDES Engineering Services
10/4/20069:19 AM
Date
Approved By
Joseph K. Schmitt
Community Development &
Environment,]! Seriices
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental Services Admin.
10110/200611:06 AM
Date
Appro\'ed By
OMB Coordinator
County Manager's Office
Administrative ~~ssistant
Office of ManZlgement & Budget
10/11/20062:39 PM
Mark Isackson
Date
Approved By
County Manager's Office
Budget Analyst
Office of Management & Budget
10/11/2006 3 22 PM
Approved By
James V Mudd
Board of County
CommissIoners
County Manager
County Manager's Office
Date
10/11/20064:37 PM
LEG/'\L DESCRIPTION
n ,n om No, 178
~-Jovember 1 ,2006
Pag 4 of 7
THIS IS NOT A SURVEY
LEGAL DESCRIPTION
(~OUNTY UTILITY EASE!v1ENT VACA TI:)~J)
A PARCEL OF LAND L YIi'IC IN SECTiON 14, TOWNSHiP 51 SOUTH, PANGE 25 EAST, COLUER COUNT",
FLORiDA, 8EJ!'-JG MORE Pl...R'HCULP..F:L Y DESCRIBED AS rOLLOV/S:
COMMENCING AT THE SOUTH::RL Y CORN::R OF GOLF COURSE I"ARCEL 4, MA,,?CO SHORES UI,rT 30 GOLF
COURSE. AS RECORDED IN RLAT BOOK 17, RAGES 93 T-iROUCH 103, OF THE PUBUC RECORDS OF COLLIER
COUNTY, FLOR,DA;
THENCE ALONG THE NOF"HERc Y RIGHT OF WAY LINE OF CLUB CEIHER BOULEVP,RD, fJ.50'13'17"W. FOR
30051 FEET ~O ^ POIIH OF CURI/t. TURE;
THENCE NORTHWESTERLY 1'00.10 '-EET, !;LONG Tc,[ A"C OF {, ,AJ,CENTII'L ~IRCULAR CURVE TO THE LUT
HA.VING A RADIUS UF 4,J5000 ;-EET, i-POUCH A CEI'iTR!,L ANGLE OF 02'07'25" A,hlD BEING S!.,BTENDED
BY A CHORD WHICH BEARS N Sn5'59"W FOR 150.09 FEET, TO THE SOUTHEASTERLY C,)qNER 0, A
COLLIER UTILiTY E.6.SEMEN7, ft.S DESCR:R:::D IN OF~!Ci~,L RE:CDR=-iS BOOK 11 cLl, P ~GE 1953 OF Ty[ PUBLIC
RECORCS OF COLliER COUNTY, f-~ORIJA
THE!\JCE ,f).LONG TI4E EAS:~RL y PE;:;ltv~ET~R OF ~,:'.ID COLLlLR UTiliTY E:ASEt'<EI-r', T;..J[ rOLLDIA'!hiG l"ND (2)
DESCR,2,ED '=C!JRS::S;
("j 1H~I-JCE 1+0.:::,9'57"[ FOR 72782 c[[I;
1HE'Y.:E S.49'cCJO"E COR ",4780 FEET, ~C) n'E POINT OF BEGINNING OF THE ,'ORTlOt" OF ~"E
':CLL"EP 1_:TiL'r~' Et,,::::~tl:ENT :c :3~ \'ACJ-,TEC I.S DESCr::13[C HC?EI"-!;
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THD<C.[ ,l,LO>J~ S,AO CC~_, ![R t'TIL'T)' :=.t,SEj./[N-:- ::'::r::lb~E::[2, ~c-j:: FJLL'=-:\".'I'.!G r 'iE (~'j =:==-=:CP E:E~:'~'::Y,jPS~S:
~}-iEJLT S ~13.5()'UC"[ FC'R ;:.9,37 ~t.FT:
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HU,ICE I,j "((5l! CC'1v cr,o. C:, 5.' ! cL ,; TO:: -HE POINT OF BEGINNII~G ~'F T' E -, '__ v,___ "
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LEGAL DESCRIPTION
OF C,U.E. VACATION
SC.\lE:
OQ~W 91 TITLE'
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SKETCH OF DESCRIPTION
A enda Item No. 178
November 1 ,2006
Pag 5 of 7
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THIS IS NOT A SURVEY
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GOLF COURSE PARCEL 4
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05-0066,01
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Agenda Item No. 17B
November 14, 2006
Page 7 of 7
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-10083,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION
OF A FIFTEEN-FOOT WIDE COLLIER COUNTY UTILITY
EASEMENT AS RECORDED IN O.R. BOOK 1664, PAGE
1963, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A".
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes,
Petitioner, Cornerstone Real Estate Advisor, Inc. has requested the vacation of a
portion of a fifteen-foot wide Collier County utility easement as recorded in O.R.
Book 1664, Page 1963, Public Records of Collier County, Florida, and more
specifically described in Exhibit "A".
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing was given as
required by law; and
WHEREAS, the granting of the vacation request will not adversely affect
the ownership or right of convenient access of the property owners; and
,"'-...
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in the utility easement as specifically described in Exhibit 'A' are hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the
Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of this Resolution in the Official
Records of Collier County, Florida, to publish notice of adoption of this Resolution
within (30) days of adoption; and to record such proofs of publication as required
by Section 336.10, Florida Statutes.
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:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
By:
Jeff E. Wright
Assistant Collier County Attorney
",,-...
Agenda Item No. 17C
November 14, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve Petition A VROW-2006-AR-9674 Lucerne Road to disclaim,
renounce and vacate the County's and the Public's interest in the 46-foot wide strip of
Lucerne Road right-of-way immediately adjacent to Block 115, Golden Gate Portion 4,
according to a map thereof, as recorded in Plat Book 5, Pages 107, ET SEQ., of the Public
Records Collier County, Florida.
OBJECTIVE:
To adopt a Resolution to vacate the 46-foot wide strip of Lucerne Road immediately adjacent to
Block 115, Golden Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Page
107 of the Public Records Collier County, Florida.
CONSIDERATIONS:
Petition AVROW-2006-AR-9674 Lucerne Road has been received by the Engineering Services
Department from Agnoli Barber & Brundage, Inc., as agent for the petitioner, Collier County
Facilities Management Dept., Larry R. Harris, P.E.
Letters of no objection have been received from applicable divisions/entities, with the following
stipulation from Transportation Services, Sprint, Time Warner and FPL.
That all necessary roadway changes (and the associated costs) to change the existing
westbound lanes to two-way traffic are the responsibility of the petitioner. These items could
include re-striping, paving, new signage, drainage revisions, possible reconstruction of the
existing median opening on Coronado Parkway for alignment purposes, lighting changes
construction of new sidewalk facilities and landscaping.
That the petitioner include all of the changes to the roadway in the Site Development Plans and
that the work within or connecting with the County's right-of-way follow the Right-of-Way
Permitting ordinance.
A utility easement shall be provided to Sprint, Time Warner and FPL for existing facilities.
FISCAL IMPACT:
Engineering Services has collected a $1,000.00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
Aaenda Item No. 17C
1>Jovember 14. 2006
Pa';Je 2 of 7
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents.
RECOMMENDATIONS:
To vacate the 46-foot wide strip of Lucerne Road immediately adjacent to Block 115, Golden
Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Page 107 of the Public
Records Collier County, Florida.
1. Adopt the Resolution for Petition AVROW -2006-AR-9674, Lucerne Road.
2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records.
PREPARED BY: Stephen A. Higgins P.S.M., Engineering Services Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item ~-.lo, 17C
November 14, 2006
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
This Hem v.'as co:~tlnued from the C.lctober 24 Bee rTIeE":ting and IS further continued to the
NoventJer 2B Bee n-,eetlng This item reaulres that all participants be sworn In and e:>i parte
disclosure be provided by CommisBlon members. Recommendation to apoiove Petition
A VRO\/V-2006-A.R -9674 Luc.erne Road to c!sclalm, renounce and vacate the Countys and
the Publlc51ntNest In a portion of Lucerne Read adjacent to Block 115 Golden Gale Portion
4. a:::cord!ng to a map H'-lereof as recoided In Pia: Boo~, 5 Pages 107 of ttle PubliC Records
Coliie,' County, Fior:da
11/14/20068.0000 p,M
Date
Prepared By
Stephen Higgins
Community Development &
Environmental Services
Surveyor
CDES Engineering Services
9121/20061 :55;22 PM
Approved By
Date
John Houldsworth
Community Development &
Em'ironmental ServIces
Senior Engineer
Engineering Services
9122/200610;20 AM
Constance k Johnson
Date
Approved By
Community Development &
Environmental ServIces
Operation!:> Analyst
Community Development &
Environmental Services Admin.
912212006 11:21 AM
Date
Approved By
Thomas E. Kuck. P.E.
Community Development &
EmnronlTlental Services
COES Engineering ServIces Director
GOES Engineering Services
10/4/20069;17 AM
Approved By
Joseph K. Schmitt
Community Development &
En,!ironmcntal S'~rvices Adrnmstrator
Date
Community DG\'&iepment & C~mmun:t\' Deveiopment R
Environrnent;:JI S~rvIGe.!: Admin
10110/2006 11 :02 AM
EnvironmentJi Scp/ices
Date
Approved By
or\:B Soon!ln,.,tor
County r,'an;;~:e-t"s Office
Administrative A5sistant
OH!':::e of Mana['ement &. Budget
10111/20062.37 PM
r/'ark tS<ickson
Date
Approved By
Countj.' Manager's Office
Budget ft.nalyst
Office of Management & Budget
1011112006 3:08 PM
Approved By
JJmes v_ rViudd
Board cf COlln1y
COTnnllss:on'.;rs
County Manager
Date
County Mana~ler'5 Office
10111120064;28 PM
LUCERNE ROAD ~A~~m No
(VACA TED POR770N~ k~mb~~~:,
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J. P.O.B. = POINT OF BEGINNING. / (jO\"c;) ./
4. R.O.W. = RIGHT-OF-WAY. /
5. BEARINGS ARE BASED ON THE PLA T OF GOLDF:N GA TE
UNIT 4, AS RECOROCD IN PLAT BOOK S, PAGES 707-116,
COWF:R COUNTY, FLORIDA.
------
----
--
--
BLOCK 118
LUCERNE ROAD
(POR770N TO BE VACA TED)
(0.66 ACRES :f)
LINE T ABLF:
.l.l&; 1.EtiG11::l BEARING
L1 46.00 S 34'40'48" F:
CURVE TABLE
.culM
C1
C2
C3
C4
CS
J:ID.IA
2'50'27"
32'54'51"
33'03'S6"
84'27'49"
8B'09'54"
BM11JJS.
898.17
1064.74
7018.74
25.00
25.00
~
44.53
611.65
587.92
36.B5
JB.47
Q:J.QBQ
44.53
603.27
579.79
33.61
J4.78
NORTHERL Y BOUNDARY
----I
'-.
~
GOLDEN GA TE UNIT 4
(P.B, 5, PGS. 107-116)
BLOCK 115
P,O,B,
SOUTHWESTERL Y
CORNER
BLOCK 115
~ C'O~ /NORTHEASTERLY R.O.1f. LINE
.......... 0.4. Y
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GENERAL NOTES'
'"
1. DIMF:NSIONS ARE IN FEET AND DF:CIMAtS THEREOF.
2. CURVE DIMENSIONS ARE AS FOLLOWS:
fj. = DELTA ANGLE, R = RADIUS, A = ARC DISTANCE,
CH = CHORD DISTANCE AND CHB = CHORD BEARING
17C
006
of 7
/'
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SCALE: 7. = 717'
CHORD BEARING
S 64"20'19" E
N 38'51'46" E
N 38'47'14" E
N 19'58'39" W
N 27'40'36" W
./
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llilS LEGAL DESCRIPTION AND SKETCH PREPARED BY: CLIENT: B. S. S. W. ARCHITECTS
TITlE: SKETCH AND DESCRIPTION OF PART OF LUCERNE ROAD
OF THE PLAT OF GOLDEN GATE UNIT 4
(P.B. 5, PGS. 107-116) COLUER COUNTY, FLORIDA
NOU
ER 6:
UNDAGE.-
Pr-o._IoDal ."ClDee.... pIaJmera. a. Iud .........lOn
-- - - - -- - -. - - n. ..../...5..1
'""~ _.01....-.._ __n._INI -1m
...-....___..__._ _ 101
PROJ. NO.: 05-0165
SHEET NO.: 1 OF 2
ACAD NO: 9346-50 FILE NO: 9346
.. REFERENCE ASS PROJECT #8306 ..
LEGAL DESCRIPTION
ALL ~T PART OF LUCERNE. ROAD, GOLDEN GATE UNfT 4, AS SHOWN ON THE PU. T THEREOF
AND AS RECORDED IN PU.T BOOK 6, PAGE 1Of. PLIBUC RECORDS OF COLUER COUWTY,
FLORIDA. BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT A SOUTHWESTER/.. Y CORNER OF BLOCK 115 OF THE AFOREMENTJONED PlAT.
SAID CORNER ALSO I.. YtNG ON THE SOUTHEASTER/.. Y UNE OF LUCERNE ROAD AS SHOWN ON
THE AFOREAIENT1ONED PLAT AND ALSO I.. YING ON THE NORTHEASTER/.. Y UNE OF CORONADO
PARKWAY AS SHOWN ON THE AFOREMENTIONED PLAT AND ALSO I.. YING ON THE ARC OF A
CURVE CONCAVE SOUTHWESTERL Y AND WHOSE RADIUS BEARS SOUTH 2r04'55" WEST A
DISTANCE OF 898.17 FeET;
THENCE ALONG THE NORTHWESTER/.. Y EXTENSION OF SAID NORTHCASTER/.. Y LINE AND ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2. 50' 27" AN ARC DISTANCE OF
44.53 FEET TO THE BEGINNING OF A RCVERSE CURVE CONCAVE EASTERL Y AND HAVING A
RADIUS OF 25.00 FEET:
THENCE NORTHWESTER/.. Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
88.09'54. AN ARC DISTANCE OF 36.47 FEET TO THE BeGINNING OF A COMPOUND CURVE
CONCAVE SOUTHEASTER/.. Y AND AND HAVING A RADIUS OF 1064.74 FEET SAID CURVE ALSO
BEING 46.00 FeET NORTHERL Y FROM AND CONCeNTRIC WITH THE NORTHLERY LINE OF SAID
TRACT 115:
THENCE NORTHEASTER/.. Y ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
32"54'51" AN ARC DISTANCE OF 611.85 FEET;
THENCE LEAVING SAID CONCENTRlC CURVE SOUTH 34.40'48" EAST A DISTANCE OF 46.00 FEET
TO AN INTERSECTION WITH THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHEASTER/.. Y
JWD WHOSE RADIUS BEARS SOUTH 34.40'46" EAST A DISTANCE OF 1018.74 FeET SAID ARC
BeiNG THe NORTHERL Y BOUNDARY OF SAID BLOCK 115;
THENCe SOUTHWESTER/.. Y ALONG SAID NORTHER/.. Y UNE AND ALONG THe ARC OF SAID
NON-TANGENTCURVE THROUGH A CENTRALJWGLE OF 33~ AN ARC DISTANCE OF 587.92
FEET TO THE BEGINNING OF A COMPOUND CURVE' CONCAVE EASTER/.. Y AND HAVING A RADIUS
OF 25.00 FEET:
THENCE CONTINUING ALONG SAID BOUNDARY SOUTHER/.. Y ALONG THE ARC OF SAID
COIlIPOUND CURVE tHROUGH A CENTRAL ANGLE OF .,77'''' AN AIfC DISTANCE OF 36.85
FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRISED;
CONTAINING 0.88 ACRES OF LAND MORE OR LESS;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
ABSTRACT NOT ReVIEWED.
AGNOU. ~Jl AND BRUNDAGe, INC.
:r~'~--
THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY:
^ ,..__~.-.l.- +,.-..,-.~ t..J--..
17C
;006
of 7
N~~v-;mb-~~'14,
Page
CUENT: B. S. S. W. ARCHITECTS
TITlE: SKETCH AND DESCRIPTION OF PART OF LUCERNE ROAD
OF THE PLAT Of COl-DEN GA TE UNIT 04
(P.B. 5. PGS. 107-11~) COWER COUNTY. FLORIDA
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SCALE: N T S.
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ACAD NO:~i9~SQ
DATE: FEB. 17. 2006
PROJ. NO.: 05-0165
SHEET NO.: 2 Or 2
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Agenda Item ~..Jo. 17C
November 14, 2006
Page 7 of 7
RESOLUTION NO. 06-_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
RELATING TO PETITION AVESMT-2006-AR-9674,
DISCLAIMING, RENOUNCING AND VACATING THE
COUNTY'S AND THE PUBLIC'S INTEREST IN THE 46-FOOT
WIDE STRIP OF LUCERNE ROAD RIGHT-OF-WAY
IMMEDIATELY ADJACENT TO BLOCK 115, GOLDEN GATE
UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGE 107, ET
SEQ., OF THE PUBLIC RECORDS COLLIER COUNTY,
FLORIDA, AND AS FURTHER DESCRIBED IN EXHIBIT 'A'.
WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner,
Collier County Government Facilities Management Dept., has requested the
vacation of the 46-foot wide strip of Lucerne Road right-of-way immediately
adjacent to Block 115, Golden Gate Unit 4, as recorded in Plat Book 5, Page 107
of the Public Records Collier County, Florida, as more specifically described in
Exhibit 'A'; and
WHEREAS, the Board has this day held a public hearing to consider the
aforementioned vacation request, and notice of said public hearing to was given
as required by law; and
WHEREAS, the granting of the vacation request will not adversely affect
the ownership or right of convenient access of the property owners.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest
in the right-of-way as specifically described in Exhibit 'A' is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the
Public's interest and for the Public's benefit.
BE IT FURTHER RESOLVED AND ORDERED that the Clerk to the Board
is hereby directed to record a certified copy of this Resolution in the Official
Records of Collier County, Florida, and to make proper notation of this vacation
on the recorded plat as referenced above.
This Resolution 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:
FRANK HALAS, CHAIRMAN
Approved as to form and legal
sufficiency:
By:
Jeff E. Wright
Assistant Collier County Attorney