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Agenda 11/28/2006 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 28, 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. Page 1 of 11 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Swear -In Commissioner Fred Coyle by Judge Frederick Hardt 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. October 17, 2006 - Value Adjustment Board Special Magistrate C. October 19, 2006 - Value Adjustment Board Special Magistrate D. October 24, 2006 - BCC /Regular Meeting E. October 25, 2006 - BCC /Regular Meeting- Continuation of October 24, 2006 F. October 25, 2006 - BCC /Land Development Code Meeting G. October 30, 2006 - BCC /Land Development Code Meeting H. November 1, 2006 - BCC /Emergency Meeting I. November 1, 2006 - Value Adjustment Board Special Magistrate J. November 2, 2006 - Value Adjustment Board Special Magistrate K. November 3, 2006 - Value Adjustment Board Special Magistrate L. November 8, 2006 - BCC /Pre- Legislative Workshop M. November 15, 2006 - Value Adjustment Board Special Magistrate 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Linda Swisher, Ochopee Fire B. 25 Year Attendees 1. Polly Currie, Human Services 4. PROCLAMATIONS A. Proclamation commemorating the 50th Anniversary of the Hungarian Revolution. Proclamation to be accepted by Mr. Andy Ewa. B. Proclamation to recognize Sgt. Timothy Durham for his duty in the United States Army and congratulating him for his accomplishments and willingness to put himself in harm's way to protect our country. To be accepted by Sgt. Timothy Durham. C. Proclamation designating December 1, 2006 World AIDS Day. To be accepted by Scott Tims, M.S., HIV /AIDS Program Manager, Collier County Health Department. D. Proclamation designating November 28, 2006 American Association of University Women Day. To be accepted by (1) Harriet Lancaster, President; (2) Jennifer Walker, Past President; (3)Robin Birnhak, Director of Public Policy; (4) Rose Ford, Secretary; (5) Marilyn Von Seggern; (6) John Goodlet, Historian; (7) Jeanne Bolds, Communications; (8) Lenice A. DeLuca, Director of Finance. Page 2 of 11 E. Proclamation to recognize Staff Sergeant John Plummer for his duty in the United States Army and congratulating him for his accomplishments and willingness to put himself in harm's way to protect our country. To be accepted by Staff Sgt. John Plummer. F. Proclamation to recognize Sergeant Travis Henderson for his duty in the United States Army and congratulating him for his accomplishments and willingness to put himself in harm's way to protect our country. To be accepted by Sergeant Travis Henderson. 5. PRESENTATIONS A. Sea Grant update by Mr. Bryan Fluech, Collier County Sea Grant Agent, Rookery Bay NERR. B. Presentation by John Carlo, Inc. on progress on Goodlette -Frank Road re- laning from Golden Gate Parkway to south of Pine Ridge Road. C. Big Cypress Area of Critical State Concern De- designation Presentation by Staff of Florida Department of Community Affairs. 6. PUBLIC PETITIONS A. Public Petition request by Joseph DiMurro to discuss blasting level requirements set by the State and subsequent house damage. B. Public Petition request by Marvin Johns to discuss access road between Amity Road and Johns Road. C. Public Petition request by Jeannette Showalter to discuss citizen petition for forming MSTU for Naples Park Lake. Item 7 and 8 to be heard no sooner than 9.00 a m unless otherwise noted 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2005 -06 Adopted Budget. B. Recommendation that the Board review and approve an Ordinance Creating the Rock Road Improvement Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed three (3) mils of Ad Valorem Taxes per year; providing for the collection of taxes; and providing for an effective date; providing for duties of the County Manager or his designee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for an effective date. Page 3 of 11 C. Recommendation that the Board review and approve an Ordinance Creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed three (3) mils of Ad Valorem Taxes per year; providing for the collection of taxes; Providing for creation of the Haldeman Creek Maintenance Dredging Advisory Committee, Appointment and composition; Providing for the terms of office of the Advisory Committee; Providing for the officers of the Advisory Committee, quorum and rules of the procedure; Providing for functions, powers and duties of the Advisory Committee; Providing for the duties of the County Manager or his designee; Providing for the review process of the Advisory Committee; Providing for conflict and severability; Providing for inclusion in the Collier County Code of Laws and Ordinances; Providing for an effective date. D. Request The Board Approve An Ordinance Of The Board Of County Commissioners Of Collier County, Florida Amending The Code Of Laws And Ordinances Of Collier County At Chapter 130, Traffic And Vehicles, To Add A Section Allowing For The Use Of Golf Carts Upon Designated County Roads In Goodland, Florida Subject To Specified Restrictions; Providing For Inclusion In The Code Of Laws And Ordinances; Providing For Conflict And Severability; And Providing For An Effective Date. E. This item to be heard at 1:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ -A- 2006 -AR -9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP Conservation Area). The CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrently to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (Companion to PUDA- 2006-AR- 9576). F. This item to be heard following Companion Item PUDZ -A- 2006 -AR -9021, Item 8E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake- Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to PUDZ -A- 2006 -AR- 9021.) G. Recommendation that the Board of County Commissioners adopt an ordinance that establishes a process and procedure providing for exceptional benefits compensation for conveyance of an interest in Conservation Collier Lands. Page 4 of 11 H. This item to be heard at 2:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. MUP- 2006 -AR- 10052: VK Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,607 square foot of commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property, consisting of 1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. This item was continued from the November 14, 2006 BCC meeting, and is further requested to be continued indefinitely. 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. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. B. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. C. Appointment of member to the Board of Building Adjustments and Appeals. D. Appointment of member to the Immokalee Beautification MSTU Advisory Committee. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, endorsing MDG Capital Corporations application to the State of Florida for Community Workforce Housing Innovation Pilot (CWHIP) Program funding. (Joseph K. Schmitt, Administrator, Community Development) B. Recommendation to deny petition to convert fields at Veterans Community Park to (2) lighted Little League, (1) lighted Girls Softball, and (1) lighted baseball field. C. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, authorizing the borrowing of not exceeding $32,900,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the loan agreement between the Commission and the County in order to refinance a portion of a loan previously made to finance the acquisition of certain land within the County, including land used and referred to as Caribbean Gardens; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non -ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Michael Smykowski, Director, Office of Management and Budget) Page 5 of 11 D. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $1,200,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition and equipping of four (4) ambulances for the Collier County Emergency Medical Services (EMS) Department; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non -ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Michael Smykowski, Director, Office of Management and Budget) E. Recommendation to approve the application by C -Tech Manufacturing Florida, LLC for the Job Creation Investment Program and the Fee Payment Assistance Program and to consider all four Economic Incentives as one budget. (Joseph K. Schmitt, Administrator, Community Development) F. Recommendation to approve the FY 07 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,690,800. (Marla Ramsey, Administrator, Public 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 ------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation that the Board of County Commissioners accept (as the said beneficiary) financial surety in the form of a letter of credit in the amount of $40,000.00 on behalf of Florida Audubon Society. Pursuant to the applicable provisions of the Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus credit requirements, the Collier County Land Development Code requires financial surety in relation to all privately implemented restoration and maintenance plans. 2. Recommendation to approve for recording the final plat of Black Bear Ridge Phase 3, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. Recommendation that the Board of County Commissioners authorize staff to publish public notice of one public hearing regarding a staff recommended Ordinance to amend Ordinance No. 2001 -75, as amended, the Public Vehicle for Hire Ordinance, and to place the recommended amending Ordinance on the Boards Summary Agenda for possible enactment. Page 6 of 11 4. Recommendation that the Board of County Commissioners approve an individual calculation of General Government Building Impact Fees for the proposed City Furniture /Ashley Furniture store, resulting in a rate of $194 per 1,000 square feet, in accordance with the provisions of Section 74- 202(1) of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, and as reviewed and approved by Collier Countys impact fee consultant. 5. Recommendation to approve for recording the final plat of Mandalay Place, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. B. TRANSPORTATION SERVICES 1. Recommendation to approve an amended funding agreement with the South Florida Water Management District for an additional amount of $100,000.00 for construction of the Gordon River Water Quality Park. 2. Recommendation to award Bid No. 07 -4060 to Quality Enterprises USA, Inc. for construction of the Fourteenth Street Outfall Improvement Project, Project Number 510059 in the amount of $482,895.18. 3. Recommendation that the Board of County Commissioners approve a Florida Department of Transportation Local Agency Program (LAP) Agreement for receipt of federal dollars for lighting at Bayshore Drive Bridge and for a Resolution authorizing the Board's Chairman to execute the LAP Agreement. ($200K) 4. Recommendation to authorize the expenditure of $54,860 from the Federal Transit Administration (FTA) FY07 5307 grant for the purchase of a Ford Paratransit vehicle from the FY06 Florida Vehicle Procurement Program and waive the competitive purchase process. 5. Approve a Budget Amendment recognizing an additional $195.00 in Transportation Disadvantaged (Fund 427) Trip and Equipment Grant Funding for Fiscal Year 2007. C. PUBLIC UTILITIES 1. Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien. 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 6. Recommendation to authorize the sole- source purchase of Bioxide, for use by the Wastewater Reclamation Department in the estimated annual amount of $500,000 per year. 7. Recommendation to Authorize Sole Source Purchase of Replacement Pumps, Specified Repair Parts and Materials for Approved Submersible Lift Stations in the estimated annual amount of $700,000. Page 7 of 11 8. Recommendation to authorize the sole- source purchase of equipment for the replacement of five (5) Drive Reducers in the amount not to exceed of $123,864 for the North County Water Reclamation Facility Rehabilitation, Project 725112. D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration for $235,180 to participate in the Lower Income Pool Program for Federally Qualified Health Centers for services provided for the Countys most vulnerable citizens and generate $326,263 in Federal matching funds for Collier Health Services, Inc. E. ADMINISTRATIVE SERVICES 1. Recommendation to award Contract 06 -4054, On Call Software Development Services, to the following three professional services firms for a term of two years: Idea Integration in Jacksonville, Florida; Latitude Geographics in Victoria, British Columbia and SkillStorm in Bradenton, Florida. 2. Recommendation to confirm and consent to the name change of contractor on Contract No. 04 -3588 titled Fixed Term Material Testing Services from Professional Engineering & Inspection Co., Inc. (PEICO) d /b /a US Laboratories, Inc. to Bureau Veritas North America, Inc. 3. Recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000. 4. Recommendation to approve the award of Bid No. 06 -4055 Full Service Auctioneer to Atkinson Realty & Auction, Inc. and Al Assets. 5. Recommendation to approve and execute the attached Second Amendment to Lease Agreement with Roger Carvallo c/o Sun Real Estate for the continued use within Court Plaza III for the Clerks Finance Department at an annual rent of $80,347.44. 6. Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the Emergency Services Complex (ESC) and South Regional Library at a site located on Lely Cultural Parkway in Collier County, Florida and at a cost not to exceed $61.00, Projects 52160 & 54003. 7. Recommendation to approve Southern Folger Detention Equipment Company as the sole source provider for the repair and replacement of the Naples Jail Emergency Gang Lock Release System, and authorize the issuance of a Purchase Order in the amount of $495,536.00. 8. Recommendation to approve Change #3 to contract #05 -3852, Design and Related Services for the South Regional Library with Schenkel Shultz Architecture, Inc. for additional design services related to changes in exterior and interior design, in the amount of $64,420, Project 54003. 9. Recommendation to design a Security Lobby for the W. Harmon Turner Building to accommodate the general public and staff. F. COUNTY MANAGER Approve Memorandum of Understanding (MOU) between The Collier County Board of County Commissioners (CCBCC), through its Emergency Management Department, and the Civil Air Patrol (CAP) through its Florida Wing. Approve Budget Amendments 3. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2005 -06 Adopted Budget. Page 8 of 11 G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Collier County Board of County Commissioners authorize its Chairman to execute a Resolution authorizing the Collier County Airport Authority to enter into, modify, or terminate Master Joint Participation Agreement (MJPA) 2007 -A with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport. 2. Approve Agreement for Sale and Purchase for the purchase of thirty -six (36) acres of panther mitigation land, to satisfy the United States Army Corps of Engineers permit requirements for development at the Immokalee Regional Airport/Tradeport, at a cost not to exceed $319,500. H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation recognizing The Naples Press Club for 10 years of commitment and contribution to the cultural and literary life of Collier County. (Proclamation will be picked up by recipient Ms. Joan Curley). 2. Proclamation designating Childhood Cancer Awareness Week November 27, 2006 through December 6, 2006. (Proclamation will be mailed to Steven A. Firestein). 3. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Big Cypress Basin Holiday Luncheon on Thursday, December 7, 2006, at Big Cypress Basin in Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget. 4. Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Government Day Leadership Collier Class of 2007, on Thursday, October 5th, 2006, at the Collier County Museum; $15.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Naples Chamber Farm City BBQ on Wednesday, November 22, 2006 at the Nobles Collier Packing Plant; $18.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the Marco Island Chamber Citizen of the Year /Christmas Gala on Wednesday, December 6th, 2006; $65.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Commissioner Henning attended the Blue Chip Community Recognition Breakfast on November 2, 2006, at the Hilton Naples & Towers. $10.00 to be paid from Commissioner Henning's travel budget. 8. Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Commissioner Henning attended the Golden Gate Citizen of the Year Award Banquet on November 10, 2006, at The Strand Country Club. $70.00 to be paid from Commissioner Henning's travel budget. 9. Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Commissioner Henning attended the Collier Building Industry Association, Inc. Installation of the 53rd Board of Directors and Officers, and Builder and Associate of the Year Awards Event on November 18, 2006, at The Naples Grande Resort & Club. $125.00 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. Page 9 of 11 J. OTHER CONSTITUTIONAL OFFICERS 1. To request approval of an amendment to Contract #03 -3497, "Auditing Services for Collier County ", with KPMG LLP, for $15,000 in services related to the issuance of the Collier County Water and Sewer District Bonds, Series 2006. K. COUNTY ATTORNEY 1. Recommendation to Approve Two Agreed Orders for Payment of Expert Fees in Connection with Parcels 105/705 and 111/711 in the Lawsuit Styled Collier County v. Raymond A. McCauley, et al., Case No. 05- 0633 -CA (County Road 951 (CR 951) Project #65061). (Fiscal Impact: $19,068.00) 2. Recommendation to approve an Agreed Order Awarding Appraisal Fees for Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et al., Case No. 06- 0708-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $6,000.00) 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 requires that all participants be sworn in and ex parte disclosure be provided by Commission members. The approved Resolution No. 2006 -188 has an INCORRECT date of February 10, 2007 for CUE - 2006 -AR -9424, American Dream Builders, Inc's Model Home and Model Home Sales Centers Conditional Use Extension, the CORRECT date has been changed to November 28, 2007. The subject property is located at 4050 13th Avenue South West, at the corner of 13th Ave SW and Collier Blvd (CR 951), in Section 15, Township 49 South, Range 26 East, Collier County, Florida. 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- 9916- Imperial 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. 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 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. D. Recommendation to adopt an Ordinance amending Collier County Ordinance No. 72 -1, as amended (The Collier County Lighting District) by amending Section One, Area Established, by Deleting Edgewild Subdivision, now known as Quail Woods Estates; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Page 10 of 11 E. 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, of the Public Records Collier County, Florida. F. 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 -9951, Townhomes at Raffia Preserve, disclaiming, renouncing and vacating the Countys and the Publics interest in two existing public right -of -way easements, one being the West 30 feet of the South of the Northwest of the Northwest, together with West 30 feet of the North of the Southwest of the Northwest of Section 34, Township 48, Range 26; The other being the East 30 feet of the North of the South Northeast of the Northwest, together with the East 30 feet of the South of the South of the Northeast of the Northwest and the East 30 feet of the North of the Southeast of the Northwest of Section 34, Township 48, Range 26, Collier County, Florida. G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT- 2006 -AR -9810, 1487 Bembury Drive, disclaiming, renouncing and vacating the Countys and the Publics interest in the Ten -Foot wide drainage easement encumbering the East Five -feet of Lot 12 and the West Five -feet of Lot 11, Storter Subdivision, as recorded in Plat Book 5, Page 106, of the Public record of Collier County, Florida, and more specifically described in Exhibit A and to accept a replacement drainage easement, as depicted and described in Exhibit B in place of the vacated easement. H. Recommendation to approve an Amendment to Ordinance No. 80 -80, as Amended, to Extend the Reporting Requirements Timeframe of the Emergency Medical Services Advisory Council. I. This meeting has been continued to the December 12, 2006 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 -9477, GOLDEN GATE ESTATES UNIT 95 to disclaim, renounce and vacate the Countys and the Publics interest in a 60 foot wide right of way easement known as 7TH Avenue NW (Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, and more specifically described in Exhibit A, and to accept a 20 foot wide alternate drainage easement and two 10 foot by 10 foot alternate drainage easements over portions of Tract 15, as more specifically described in the attached exhibits. J. This item has been continued to the December 12, 2006 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 -9775, Hanson to disclaim, renounce and vacate the Countys and the Publics interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, 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 28, 2006 Item 8C: Page 6, Section Eleven. Review Process. Should read: "This Advisory Committee shall be reviewed every (rather than `ever') four (4) years commencing 2006 .... (Staffs request.) Continue Item 8E to the December 12 2006 BCC meeting: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A- 2006 -AR- 9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD ( LPAIP Conservation Area). The CFPUD is currently part of the Club Estates PUD. That PUD is being amended concurrently to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (Companion to PUDA- 2006 -AR- 9576). (Petitioner's request.) Continue Item 8F to the December 12 2006 BCC meeting: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA -2006- AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake- Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to PUDZ -A- 2006 -AR- 9021.) (Petitioner's request.) Move Item 16A3 to 10J: Recommendation to authorize staff to publish public notice of one public hearing regarding a staff recommended Ordinance to amend Ordinance No. 2001 -75, as amended, the Public Vehicle for Hire Ordinance, and to place the recommended amending Ordinance on the Boards Summary Agenda for possible enactment. (Commissioner Coyle's request.) Move Item 16E3 to 10G: Recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000. (Commissioner Coletta's request.) Move Item 16E4 to 10H: Recommendation to approve the award of Bid No. 06 -4055 Full Service Auctioneer to Atkinson Realty & Auction, Inc., and Al Assets. (Commissioner Coletta's request.) Move Item 16E8 to 101: Recommendation to approve Change #3 to contract #05 -3852, Design and Related Services for the South Regional Library with Schenkel Shultz Arthitecture, Inc. for additional design services related to changes in exterior and interior design, in the amount of 464,420, Project 54003. (Commissioner Fiala's request.) Item 16H8: Should read... "$35.00 (rather than $70.00) will be paid from Commissioner Henning's travel budget ". (Commissioner Henning's request.) Time Certain Items. Item 8H to be heard at 2:00 p.m.: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. MUP- 2006 -AR- 10052: VK Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,6078 square foot of commercial floor area to be known as The Odyssey — Treviso Bay Marina. The subject property, consisting of 1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. Item 10A to be heard at 11:00 a.m.: Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, endorsing MDG Capital Corporations application to the State of Florida for Community Workforce Housing Innovation Pilot (CWHIP) Program funding. Agenda Item No 4A November 28, .2 06 Page 1 f 2 PROCLAMA TION WHEREAS, on October 23, 1956, a peaceful march through the streets of Budapest by university students, joined by workers and civilians numbering some 100, 000, Protesting'' against the Hungarian communist government was fired upon by the Hungarian Security Police causing a death toll in the hundreds,' and, WHEREAS, this action turned into armed conflict that spread throughout Hungary, was suppressed by a wide. scale offensive of 16 Soviet armored divisions and resulted in tens of thousands of Hwlgani0 citizens killed and wounded, many of them women and children, tens of thousands imprisoned or deported to RusSla, and hundreds executed; and, WHEREAS, an estimated 20O, 000 Hungarians fled their country in the aftermath the Hungarian uprising and s ettled n`'" � 1 ajority in the United P k the culture and econo of this natrisrM .iIorida and Collier WHEREAS, so ` :w arm • m ese refagees who sued �n'o /li joined by Ame of Huarian descend; /iretr fri ,ivies and ot ts flteedoiir c=tri7auted- "St a memorating a r the 3C" annn�ersar�y of'he 1956 lungarian as the p re o; a p/�rce at the governme /ex to k' corjttlr�te those jvhv..have .f+aug�rt top, fir freedoms. 's. w - NOW THEREFORE, lf!ae'a` by't ommr'ssioners of Collier Cormtyldida, a#isatF �h7 �acrifice for freedom of ltr �Hragiarr►e fully appreciated b 9 �i�x y all freedom - lovrn}'nrem6e„s fc►mmunity, and the Commemorative Statue be' rec4 1a ed as a lasting tribute to that heroism and reminder of the possible cost of freedom. DONE AND ORDERED THIS 28th Day of Atovember, 2006, BOARD OF COUNT?' COMMISSIONERS COLLIER COUNTY, FLORIDA FRAhlk HALAS, CHAIRMAN Agenda Item No. GA November 28, 2D06 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4A, Item Summary: Proclamation Commemorating the 50th Anniversary of the Hungarian Revolution. Proclamation to be accepted by Mr. Andy Evva. Meeting Date: 1112812006 9.0000 AM Approved By -- Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11113!2006 1:19 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/15/2006 12:04 PM Agenda Item No. 413 P R O C L A M A T 10 N November 28, 2006 Page 1 of 2 y WHEREAS, Timothy Durham grew up in Flemington, New Jersey, where he attended and graduated from the public school system. After graduating from high school, he served nearly 7 years in the active Army with the 11'x' Armored Cavalry Regiment, 5'h Infantry Division, and 101"' Airborne Division. Following active duty, he joined the Army Reserve so he could advance his civilian education. Timothy earned a bachelors degree from Rutgers University in 1989, with High Honors; and, WHEREAS, after graduating from Rutgers, Timothy obtained a Juris Doctor from Florida State University College of Law in 1993. He went on to become the Department Chairperson and an Associate Professor of Political Science and Criminal Justice at Thomas University in Thomasville, Georgia; and, WHEREAS, after four years of teaching he moved to southwest Florida and joined the Collier County Sheriff's Office at the Drill Academy. The following year he came to work for the Board of County Commissioners in the County Attorney's Office as a legal assistant conducting research on a wide variety of issues important to the County; and, WHEREAS, in December 2004, Timothy joined the Supervisor of Elections Office as Deputy Supervisor. He became a researcher and an advisor to the Office and assumed responsibility for the absentee balloting process. Less than a year later his National Guard Unit was called to active duty in Iraq; and, WHEREAS, while serving in Iraq, Sergeant Timothy Durham distinguished himself by exceptional meritorious conduct in performance of outstanding service to the United States as Squad Leader in the Convoy Platoon, 651' Military Police Company, Camp Bucca, Iraq, from November 2005 to October 2006, in support of OPERATION IRAQI FREEDOM. He was awarded the Bronze Star Medal for merit by the Secretary of the Army, Francis J. Harvey. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Sgt. Timothy Durham be commended for his duty in the United States Army and congratulate him for his accomplishments and willingness to put himself in harm's way to protect our country. DONE AND ORDERED THIS 28th Day of November, 2006 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN ATTEST, DWIGHT E. BROCK, CLERK Agenda Item No. 4B November 26, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: qg Item Summary: Prociarr ion to recognize Sgt. Timothy Durham for his duty m the United States Army and congratulating him for his accomplishments and willingness to put himself in harm's way to protect our country. To be acceded by Sgt. Timethv Durham. Meeting Date: I1f2812006 9.00 Do AM Prepared By Paula Springs Executive Aide to the BCC Date Board of County Commissioners BCC Office 1104/2006 3:25:59 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11/15/2006 9:03 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/1512006 11:76 AM Agenda item No. 4C November 28 2P06 Page 1 f 2 P R 0 CI AMA rr o ty WHEREAS, the AIDS epidemic is a 9/060/ emergency that affects people In every country on earth; and W14EIRS45, AIDS and 14rV continue to be a health concern here in Florida with Over 35, 000 HIV infections since 1997 and over B2, 000 people living with I-1XVIAMS, and, WHEREAS, Collier County has over 290 HrV cases and over 950 AIDS cases..• and, WHEREAS, In 4711'er County, World AIDS Day 2006 is focusing on youth and the impact of S and WHEREAS, reco"m e-gq /as, AIDS impacts 0// commm and can only be -'_''h 17 a lonh 3, by ensuring thdt pv/iciex and programs rights of a// t", e roh p of and e t, e Nsks Of HrV. oln: NOW 7HFR A::7eLL'Z'be it proc e h B Iroc �'t' -W, f e oar ;o Commissioners oy" Flor LAabecem6er Y be WORLD AIDS DAY DONE AND ORDERED T/ 4 -IrS Zel� Pay of Alovember, 0AA0 OF44VArry C0Af,4fr.5Sr0AfEq.5 -ro FLORIDA FRANK I-IALAS, CI-MrRAfAIV A 7MES T. • Dwr49Hr E. swa, CLERK Agenda Item No. 4C November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4C Item Summary: Proclamation designating December 1. 2006 World AIDS Day. To be accepted by Scott Tims. M.S., HIV/AIDS Program Manager, Collier County Health Department. Meeting Date: 11/28/2006 5.0000 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 1 111 512006 4:43 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manager's Office 11115120066:51 PM PROCLAMATION Agenda Item No. 4D November 28, 2 06 Page 1 f 2 WHEREAS, the American Association of University Women Js one of the oldest existing organizations dedicated to promoting education and equity for women and girls,' and, WHEREAS, the American Association of University Women celebrates its 125th anniversary this year from its inception on November 28, 1881; and, WHEREAS, AAUW Greater Naples Branch advances the American Association of University Women's 125 -year legacy of leadership on behalf of women and girls in Naples, Florida: and, WHEREAS, the future of our nation's productivity and competitiveness in the global workplace depends on the success of boys and girls, men and women; and, WHEREAS, women have been discriminated against in education, the workplace, and society as a whole; and, WHEREAS, the American Assocration��afle t # ,�nrtj,aerrs doers for women and girls and influences pulire de75ate olr;atrcal' 41 ,s+pertr! ,such as education, civil rights, and wor, pce and WHEREAS, the . American .4ciation of Unirs/! Women' for women r� r h the i'M" AMve peent of s ows; "con for the betretit if a//. NOW THEREFORE, btu /t pros /aimed by,, the „Board of C'ouniiy Corr Florida, tha #Ovember'2B ' 2006 be' designated as AMERLeAN As50CIATIC)N OF t1AT vERSI7Y h and urge all the "citlzens of Collier County to recogr and an equitable: society, and �`�5e laudable work of °” University Women to brat end DONE AND ORDERED THIS 28rh Day of November; 2006 ATTEST.• DWIGHT E. BROOK, CLERK rellence in academia r and fields of work of Collier County, the value of education American Association of BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN Agenda Item No. 4D ?November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4D Item Summary: Proclamation designating November 28, 2006 American Association of University Women Day. To be accepted by (1 } Harriet Lancaster. President: (2) Jennifer Walker Past President, (3)Rcbrn Eirnhak, Director of Public Poiicy, (4) Rose Ford, Secretary, (5j Marilyn Von Seggern, (6) John GoodJet. Historian; .17) Jeanne Bolds. Corn munications (8) Len!ce A. DeLuca, Drrecto:, of Finance Meeting Date: 1,,28/2006 9.00 00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11/15/20064:45 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1111512006 7:35 PM Agenda Item No. 4E P R O C L A M A T 10 N November 28, 2006 Page 1 of 2 WHEREAS, John A. Plummer Jr. grew up in Londonderry, New Hampshire where he attended North Londonderry Elementary School, Londonderry Junior High School and Londonderry High School, and, WHEREAS, after graduating from Londonderry High School on 8 June 1987, John enlisted in the United States Army on 9 December 1987,• and, WHEREAS, after graduating basic training, John attended the Field Artillery School at Fort Sill, Oklahoma. After graduation, he was stationed at Fort Campbell, Kentucky where he began serving as a Cannon Crewmember for Battery C, r Battalion/ 81 Field Artillery, 101" Airborne Division (Air Assault). Shortly thereafter, he was selected for and completed Air Assault training. and, WHEREAS, on 24 February 1990, Specialist John Plummer joined the Florida Army National Guard and has been a member of several units to include Ft. Myers, Sarasota and Dade City, and has completed several state active duty assignments to include Hurricane Andrew, George, Charley, Frances, Ivan and Jeanne plus state wild land fires of 2000, and, WHEREAS, on 11 February 2005, Staff Sergeant John Plummer's unit, Battery B, 2nd Battalion/ 116t" Field Artillery, Dade City, Florida was mobilized for active duty in support of Operation Enduring Freedom as the security force for Task Force Phoenix, Kabul, Afghanistan leaving behind his loving wife Stephanie, and his three wonderful children Amanda, Donovan and Abigail; and, WHEREAS, Staff Sergeant John Plummer has earned the Army Commendation Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Armed Forces Reserve Medal with M' device, the Overseas Service Ribbon, the Army Driver's Badge, the Afghanistan Campaign Medal, and the Silver German Marksmanship Badge and is continuing to serve the Florida Army National Guard in Winter Haven. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Staff Sergeant John Plummer, United States Army be commended for his duty as an American Soldier and congratulate him for his accomplishments and willingness to put himself in harm's way to protect our country. DONE AND ORDERED THIS 28th Day of November, 2006 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: FRANK HALAS, CHAIRMAN DWIGHT E. BROCK, CLERK Agenda Item No. 4E November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4E Item Summary: Proclamation to recognize Staff Sergeant John Plummer for his duty in the United States Army and congratulating him for his accomplishments and willingness to put himself in "ism s way to protect our country. 7o be accepted by Staff Sgt. John Plummer. Meeting Date: 1 1.;2 812006 9.00.00 ,,M Prepared By Paula Springs Executive Aide to the BCC Date Board of County Commissioners BCC Office 11115/20064:42:24 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11115/2006 4:45 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1111512006 7:19 PM PRO CLAMA TION Agenda Item No. 4F November 28, 2006 Page 1 of 2 WHEREAS, Travis Henderson grew up in Immokalee, Florida, where he attended and graduated from Immokalee High School in 1988. After graduating from high school, he served nearly 2 years in the active Army; and, WHEREAS, following active duty, Sergeant Henderson returned home to his family where he joined the Florida National Guard in 1998, and, WHEREAS, Sergeant Henderson joined the Collier County Sheriff's Office in 2000 working in the jail for four years and then moving on to road patrol until November of 2005 when his Guard unit was called to active duty in Iraq; and, WHEREAS, while serving in Iraq, Sergeant Henderson distinguished himself by exceptional meritorious service in support of Operation Iraqi Freedom serving as a Team Leader and Shift Leader for the Liberty Special Housing Unit at Baghdad Central Correction Facility, Abu Ghraid. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Sergeant Travis Henderson be commended for his duty in the United States Army and congratulate him for his accomplishments and willingness to put himself in harm's way to protect our country. DONE AND ORDERED THIS 28th 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: Prepared By Paula Springs Board of County Commissioners Agenda Item No. 4F November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4F Proclamation to recognize Sergeant Travis Henderson for his duty ir, the United States Army and congratu:�ating him for his accomplishments and willingness 10 put himself in harm's way to protect our country. To be accepted by Sergeant Travis Herderson, 11/28/2006 900.00 AM Executive Aide to the BCC Date BCC Office 11117/2006 8:53:07 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 11/1712006 9:22 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/17/2006 9:58 AM Agenda Item No. 5A November 28, 2006 Page 1 of 9 rock -m From: mudd_j Sent: Wednesday, October 11, 2006 9:03 AM To: Bryan Fluech Cc: brock m; bodinejudi Subject: RE: Sea Grant update at BCC Bryan, The 28th of Nov it is. Jim From: Fluech,Bryan A (mailto:fluech @ufl.edu] Sent: Wednesday, October 11, 2006 8:54 AM To: mudd_j Subject: RE: Sea Grant update at BCC Hi Jim. I know I originally said the Nov 14th BCC meeting will work for me, but my supervisor, from Gainesville wants to attend and he can't make it that day. Can you put me on the calendar for the Nov 28th BCC meeting? In addition to my update, I know my supervisor, Dr. Mike Spranger with Florida Sea Grant wants to give a brief report as well as Gary Lytton, director of Rookery Bay. We will only need 20 minutes. Thank you. an Fluech Uollier County Sea Grant Agent Rookery Bay NERR 300 Tower Rd Naples, FL 34113 -8059 Voice: (239) 417 -6310 ext 225 Fax (239) 417 -6315 Cell: (239) 438 -5594 From: mudd_j [ mailto :JamesMudd @colliergov.net] Sent: Tue 10/10/2006 6:11 PM To: Fluech,Bryan A Cc: Halman,Robert D; brock_m; bodinejudi; ochs_I Subject: RE: Sea Grant update at BCC Bryan, One of the November meetings would be great. Pick one and let me know. How long do you need and I will need a read ahead about 10 days before the BCC meeting. Jim fxpm: Fluech,Bryan A [mailto:fluech @ufl.edu] t: Tuesday, October 10, 2006 11:03 AM mudd- Cc: Halman,Robert D 10/11/2006 Agenda Item No. 5A November 28, 2006 Page 2 of 9 - �ibject: Sea Grant update at BCC if Jim. I'm not sure if your assistant gave you my phone message or not, but its been about a year since the county agreed to fund my position and I wanted to see if I could provide the BCC with an update on what I've done since starting in March. Is it possible to get on the agenda for the Oct 24th or early November meeting? Thanks, and have a great day. Bryan Fluech Collier County Sea Grant Agent Rookery Bay NERR 300 Tower Rd Naples, FL 34113 -8059 Voice: (239) 417 -6310 ext 225 Fax: (239) 417 -6315 Cell: (239) 438 -5594 10/11/2006 Agenda Item No. 5A November 28, 2006 Page 3 of 9 Bryan Fluech Collier County Sea Grant Agent Program Update - Presented to the Collier County Board of County Commissioners November 24th, 2006 The Collier County Sea Grant position is the result of a partnership between: • Collier County • Rookery Bay National Estuarine Research Reserve • Florida Sea Grant and UF/ IFAS Extension. Each of the three agencies involved contribute monetary funds/ in -kind services to support the Collier Sea Grant Agent • University of Florida/ IFAS: 60% of agent's yearly salary ($26,220 *) • Collier County: 40% of agent's yearly salary ($17,480 *) • Rookery Bay National Estuarine Research Reserve: provides in -kind services in the form of office space, administrative support, and use of fleet vehicles /vessels (approximately $20,000/ year) *does not take into account cost of living raise approved fall 2006 The objectives of the Collier Sea Grant extension position are to: 1. Provide local educational efforts at the county and port level using science-based information drawn from fishery management, research and technology transfer sources including industry, educational institutions, government, and the public in order to enable users to make informed decisions focused on local, state, regional and national problems that consider biological, economic and social factors. 2. Provide county and port-based research needs feedback to researches, stakeholder inputs to the fishery management process and a one -stop information source at the local level to fishers, managers and scientists. 3. Fill critical local gaps at the county level and thus create a stronger statewide network of county -based fishery extension professionals that can serve as statewide clearinghouse for the latest scientific finding and act as a neutral broker on contentious fishery issues. The BCC agreed to fund the county portion of the Sea Grant position in fall of 2005 and an agent was hired in January of 2006. Employment began March 3, 2006. In the eight and a half months of employment, the agent has developed positive working relationships with several local and regional agencies, stakeholder groups and other faculty of the Florida Sea Grant program. These interactions have helped the agent identify local issues of concern and determine where future programming efforts will be most warranted. He has participated in several professional development opportunities that will help ensure quality program delivery, management, and evaluation, as well as increase agent's knowledge of marine - related issues to help him better serve county Agenda item No. 5A November 28, 2006 Page 4 of 9 stakeholder groups. Through networking with these different stakeholder groups the agent has already developed his advisory committee that will provide him with feedback and direction on his program efforts. Their feedback along with input from local stakeholder groups will insure program efforts will add value to the county and its resources and not duplicate efforts of other agencies/ organizations. Program Highlights Fisheries 1. Establishment of Monofilament Recovery and Recycling Program • Have had over $900 dollars worth of supplies donated for the implementation of this project • To date have had 12 monofilament bins installed throughout Naples and Marco Island; 3 are in the process of being installed o Coordinated with City of Naples, County Parks and Recreation, Rookery Bay NERR and Port of the Islands Marina to get bins installed • Organized a volunteer support group ( "Roots to Shoots" Youth organization- approx 30 members) to monitor bins, clean and record the amount of line collected (Will keep records on the amount of line recycled in county.) • Provided Sunshine Ace Hardware store on Marco Island with an indoor monofilament collection bin • Created a brochure entitled, "Discarded Monofilament Line Can Be a Killer" to highlight the program- Have distributed over 150 copies • Created a "Dangers of Discarded Monofilament" display at the N. Collier Regional Park exhibit hall to educate exhibit visitors about discarded monofilament line Media Coverage: o I highlighted the program on Red Steir's "Angler's Answer" fishing show, which airs Sat mornings and Monday evenings. o ABC local affiliated did 2 stories on the first installment of the monofilament bins and the purpose of the program • NBC did a story on the Naples Pier clean up and interview me on the about the dangers of discarded line. • Marco Island Eagle wrote an article on the program. • I have delivered 3 presentations on the MRRP program to local groups in the community and spoken to numerous individuals about the program. (approximately 125 -150 people) 2. Ethical Angling Information Distribution • Have attended 5 different angling club meetings and distributed brochures on catch and release techniques/ ethical angling (approx 250 anglers) • Have set up ethical angling displays at local boat shows/ angler - related meetings • Continue to provide marinas / boat ramps with state fishing regulations for distribution. • Wrote an article on venting tools for reef fish in the Marco Island Eagle Agenda Item No. 5A November 28, 2006 Page 5 of 9 • Writing an article on proper catch and release techniques for marine fish in the Marco Island Eagle Other significant activities relating to sustainable fisheries • Helped coordinate the Gulf of Mexico Fishery Management Council's Fisher Forum at Rookery Bay and recruited local anglers attend in order to inform them current fishery management issues in SW FL. (45 in attendance) • Invited the president of the Marco Island Sport Fishing Club and a charter guide captain to visit the FWC Redfish Hatchery in Port Manatee to gather information about the state redfish stock enhancement program. Currently working on having the FWC stock enhancement outreach coordinator visit Naples to give a presentation on the rational of marine stock enhancement. • Represented FL Sea Grant in a statewide sport fishing education meeting at Rookery Bay in August to collaborate with other agencies in state on sport fish education/ outreach efforts. • Attended the National Sea Grant Fisheries Extension Conference in Jacksonville to gather information/ ideas for future fisheries/ related programming and network with other Sea Grant fishery agents across the country • Helped a local blue crab fishermen/ clam farmer install markers in his clam lease site • Have assisted Rookery Bay fisheries biologist with his field sampling project involving sharks and juvenile fish in 10,000 Islands Marine Debris • On the Board of members for Keep Collier Beautiful- helping to coordinate local clean up events • Coordinated clean up efforts for Rookery Bay NERR, Isles of Capri, Goodland, and 10,000 Islands area in the International Coastal Clean Up- Distributed clean up materials and data card to involved agencies (Rookery Bay, US Fish and Wildlife Service, 4 -H, Everglades National Park). • Organized over 100 volunteers to participate in the Coastal Clean Up from Rookery Bay, Isles of Capri and Goodland (400 volunteer hours). • Removed over 6,000 lbs of debris from Rookery Bay, Isles of Capri, Goodland, and 10,000 Islands area • Participated in the Naples Pier Clean up to remove accumulated marine debris from structure. Over 50 participants. Spoke with NBC reporter on the dangers of discarded monofilament, marine debris to people and marine life Boating • See hurricane response section for boating/ hurricane seminars • Currently serving as the project manager for a proposed multi - phased boater education program involving FWC, DEP, Rookery Bay, Marine Industries Association, City of Naples, City of Marco Island, and Cedar Bay Yacht Club • Submitted a $14,000 FWC boating education grant to help support initial efforts of boating program • Took and completed a Coast Guard Auxiliary Safe Boating and Navigation class Agenda Item No. 5A November 28, 2006 Page 6 of 9 • Wrote an article on the impacts careless boating practices have on seagrasses in the Marco Island Eagle (9,000 person distribution) • Currently serving on an education committee for the upcoming Naples Boat Show in January: helping to plan education seminars/ children activities at event Hurricane Response • Coordinated with Don Jackson, Sea Grant Project Coordinator to host a SMART (Specialized Marine Assessment Response Team) training workshop at Rookery Bay in April. Goal of program was to provide resource agencies with tools and skills needed to make initial assessments of hurricane- related impacts to the marine community. 17 in attendance representing 4 agencies. • Delivered 2 presentations on boat preparedness for hurricanes- Total 28 people: distributed hurricane boating booklets to participants • Created a fact sheet on boat preparedness for hurricanes - incorporated it into the county extension's hurricane preparedness booklet • Distributed 28 "Hurricane Boater" guides to a C.G. Auxiliary boating safety and navigation class • Represented Extension/ DAS at County EOC during Tropical Storm Ernesto 4 -H 1. Sea Grant/ 4 -H Family Marine Science Beach Program • Coordinated and taught a 6- session family marine science beach program in June/ July 2006 at Delnor Wiggens State Park. • Worked with 4 -H outreach coordinator to plan/ advertise event • Over 150 participants participated in the program • 100% of evaluations stated that the program enhanced their knowledge and increased their appreciation of their local beach environment 2. 4 -H Marine Ecology Judging Event (Oct 28`h) • Provided two 4 -H clubs with study materials for state marine ecology event • Met with 2 4 -H clubs (45 individuals) at Tigertail beach to assist them with field identification of local floral fauna in preparation of event • Will serve as a judge in the upcoming state Marine Ecology Event in late October o Will collect and provide specimens to be used at event 3.4 -H Marine Ecology/ Field Studies Program • Provided 4 -H group leader with curriculum materials / instruction to plan a year- long marine ecology field program • Coordinating a series of field study investigations throughout the year at Tigertail Beach with 4 -H Club. Students knowledge will be assessed through journals/ presentations on material studied Marine Education (over 1,000 teach hours recorded) 1. Festivals/ Events • Coordinated with Rookery Bay staff to bring in speakers/ organizations of representative marine careers for Dive Into Oceans Career Fair (April 2006). Over Agenda Item No. 5A November 28, 2006 Page 7 of 9 800 individuals attended event. Spoke with over 50 middle/ high school students on marine career choices • Assisted Rookery Bay with National Estuaries Day (Sept 2006)- Delivered 4 presentations on the importance of estuaries to visitors (25 people) 2. Teacher Training/ K -12 Education • Coordinated with Sea Grant faculty to teach at the COSEE Field Institute in Cedar Key; 24 teachers from the state attended and I assisted them with field protocols and natural history information about Florida's coastal environments • Coordinated with Rookery Bay to host a high school teacher marine science workshop to familiarize them with Rookery Bay field trips: 8 teachers attended: provided them with posters and marine career education materials. • Delivered presentation on how to use the Enviroscape® watershed model to two groups of K -12 teachers in Lee and Hendry Counties: (17 in total) • Working with Marco Island Parks and Recreation on an after - school marine science program; Provided their staff with curriculum materials and to date have taught 2 of the six classes (20 participants in each class): Marco Sun Times did a story on this topic. • Provided elementary teacher with education posters/ curriculum materials for their environmental science studies • Delivered a presentation on ethical angling/ fishing regulations to science teachers at the Florida Association of Science Teachers conference 9 teachers in attendance • Will speak to 40 K -12 counselors in November on Sea Grant marine career resources. 3. Other Marine education/outreach activities • Delivered a presentation to the Longshore Lakes Women's Club on the threats to marine biodiversity in Florida (28 in attendance): Provided group with education brochures on ethical angling, seafood consumption, fishing regulations, Sea Grant • Represented Sea Grant at the Gulf of Mexico Alliance Env. Education Alliance Conference in July. Member of EEN organizing and underrepresented group committee • Attended the 2006 Florida Marine Science Educator Association conference in April; helping planning committee with the 2007 conference that will be held in Naples • Delivered a presentation to extension staff on water quality research being conducted at Rookery Bay NERR at a Green Team meeting in Sarasota (attendance: approx 28) Advisory Committee* Through networking, the agent has selected the following individuals to serve on his advisory committee: 1. Tabitha Stadler: Coastal Training Coordinator: Rookery Bay NERR 2. Sara Jewell: Executive Director: Collier County Marine Industries Association 3. Scott Hopkins: General Manager: Cedar Bay Yacht Club Agenda Item No. 5A November 28, 2006 Page 8 of 9 4. Matt Finn, PhD/ Clam farmer, commercial blue crabber 5. Greg Tollery, PhD Marine Sciences: Florida Gulf Coast University 6. Larry Block: President: Naples Fishing Club 7. Will Geraghty: Charter Captain: Grand Slam Charters 8. Louise Taylor: Marine Science Teacher: Everglades City School *1' meeting: Oct 2Yb, 2006 IMPACTS ? ??? ??????? Agenda Item No. 5A November 28. 2008 Page 9 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5A Item Summary: Sea Grant update by Mr. Brvan Fluech, C0111er County Sea Grant Agent, Rookery Bay NERR Meeting Date: 11/28/2006 9:00.00 AM Approved By .lames V. Mudd County Manager Date Board of County Commissioners County Managers Office 10111/2006 9:33 AM Agenda Item No. 513 November 28, 2006 Page 1 of 3 CONTRACTOR PRESENTATION FORM Board Presentation Date: November 28 2006 Contract Number, Proiect Title Proiect Number: Bid # 05 -3851; Goodlette -Frank Road Widening; Project # 60005 Firm Name: John Carlo, Inc. Project Manager: John R. Conti Proiect Description: Project calls for expanding from the current four lanes to six lanes with the addition of two new lanes to the median area and milling and resurfacing the existing four lanes from Golden Gate Parkway to Pompei Lane which also includes a bypass lane from west bound Golden Gate Parkway to north bound Goodlette -Frank Road. Improvements include improved drainage with retainage ponds, upgraded signals at Golden Gate Parkway, 22nd Ave. N, Solana Road, Granada Blvd. and new signals at Clubhouse Drive and Ohio Drive. There is also a new 8 foot pathway on the west side of the roadway and new and longer turn lanes throughout the project. Also new street lighting throughout the project. Original Start Date: August 22, 2005 Notice to Proceed Issuance Date: August l 5, 2005 Original Completion Date: December 1, 2006 Revised Completion Date: February 16, 2007 (Substantial Completion date January 17, 2007) Reason(s) for Variance: Change orders due to design changes and utility conflicts. Actions Planned /Taken to Minimize Variance: Original Budget: $15,800,000.00 Revised Budget: $15,499,950.00 Reason(s) for Variance: Money needed to pay FPL to relocate poles that were in conflict with proposed work. Actions Planned /Taken to Minimize Variance: Current Proiect Status: The installation of the 48" concrete drainage pipe continues Agenda Item No. 58 November 28, 2006 Page 2 of 3 on the west side of the roadway. Asphalt base and structural courses continue to be placed north of Ohio Drive. New traffic signals (mast arms) have been installed at 22 "d Avenue North and Golden Gate Parkway and work on the foundations for the new traffic signals has started at Clubhouse Drive. Wiring conduit and Bases for new street lighting is currently under construction throughout the project. Agenda item No. 5B November 28; 200$ Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: nB Item Summary: Presentador. by John Carlo. Inc on progress on Goodlette -Frank Road re- laning from Golden Gate Parkway to south of Pine Ridge Road. Meeting Date: 11/2812006 9:0000 AM Prepared By John R. Conti Field Engineering Inspector Date Transportation Services Transportation Engineering and Construction 11/7/2006 7:59:50 AM Approved By Steve Ritter Field Engineering Inspector Date Transportation Services Transportation Engineering and Construction M, 1117/2006 9:09 A Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 11/9/2006 11:08 AM Approved By Use Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 11/912006 3:17 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 11/13/2006 1:19 PM Approved By Nateh Ahoned Director Dale Transportation Services Transportation Engineering & Construction Management 11/1312006 2:57 PM Approved By Norm E. Feder, -AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 11/1412006 3:15 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 11/14/2006 3:40 PM Approved By OMB Coordinator Applications Analyst Date Administrative Servines Informa flan Technology' 11115/2006 9 :42 AM Approved By Susan Usher Senior NI ana gemenUBud get Analyst Date County Manager's Office Office of Management S Budget 1111712006 12:16 PM Approved By .lames V. Mudd County Manager Date Board of County Commissioners County Managers (Jfflce 11/17/2002 3:40 PM Agenda Item No. 5C November 28, 2006 Page 1 of 24 MEMORANDUM TO: James Mudd, County Manager THRU: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division, and Randall Cohen, AICP, Director Comprehensive Planning Department FROM: David Weeks, AICP, Planning Manager Comprehensive Planning Department DATE: November 21, 2006 SUBJECT: Big Cypress Area of Critical State Concern De- designation The Big Cypress Area of Critical State Concern (ACSC), which encompasses a significant portion of Collier County as well as portions of Dade and Monroe counties, was established by the Florida legislature in 1973 (Chapter 380.05, F.S.). Chapter 28- 25.002, F.A.C., states: "...it is the purpose of these regulations to conserve and protect the natural, environmental and economic resources and the scenic beauty of the Big Cypress Area, including the proposed Federal Big Ctig ?Tess National Fresh Water Reserve, the Everglades National Park, and ecologically related wetlands, estuarine fisheries, and the fresh water aquifer, and ecologically related areas ... further ... to provide a land and water management system that will preserve water quality, provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well planned development, and protect the health, welfare, safety and quality of 1ife of the residents of the state. To effectively and equitably accomplish such purposes these regulations should be implemented by local governments through existing administrative processes and all existing rights (�fprivate property should be preserved in accordance with the constitutions of the State of Florida and the United States. " Monitoring of ACSC regulations falls to the Florida Department of Community Affairs (DCA). The ACSC regulations do not outright prevent any particular land use but do include development restrictions, e.g. lirnit site clearing to 10 %, and require the local governments to adopt into their comprehensive plan and land development regulations, provisions to insure protection of these ACSC lands. Further, the regulations require local governments to render all development orders for ACSC lands to DCA for their compliance review, and provide that DCA may appeal the issuance of any such development order deemed not in compliance with ACSC regulations to the Florida Administration Commission (Governor and Cabinet). As required by Ch. 380.05, Collier County subsequently adopted comprehensive plan and zoning code regulations to afford greater protection to lands within the ACSC; specifically, Agenda Item No. 5C November 28, 2006 Page 2 of 24 Collier County adopted an ACSC overlay in the Future Land Use Element of the comprehensive plan and an ACSC zoning overlay in the zoning code, both of which contained the regulatory component of the State's ACSC provision. Both have been modified slightly since original adoption but continue to be as stringent as or more so than the State's ACSC provisions. The vast majority of the ACSC lands in Collier County is designated Conservation on the Future Land Use Map, and most of that is under federal or state ownership for conservation/preservation purposes including all or a portion of. Big Cypress National Preserve, Florida Panther National Wildlife Refuge, Ten Thousand Islands National Wildlife Refuge, Fakahatchee Strand State Preserve, Okaloacoochee Slough State Forest, Picayune Strand State Forest). In recent history, there has been little development activity in the ACSC; what has occurred has mostly been confined to Port of the Islands, an urban area subject to a 1985 Development Agreement between DCA and Port of the Islands, Inc. Probably the most significant area of privately owned ACSC lands not designated Conservation are those within the Rural Lands Stewardship Area (RLSA); most new development within the ACSC would likely occur there. DCA is requesting the Administration Commission de- designate the Big Cypress ACSC based upon a finding that the purpose for original creation has been fulfilled (see attached Implementation Status Report — Big Cypress Swamp Area). In the Report, DCA notes: "The Department has not taken anv appeals or filed any Notices of Violation in the Big Cvpress Area during the last 14 years. " The Administration Commission is presently scheduled to consider this matter on December 5, 2006. It is my opinion that the most significant impact the de- designation would have is to remove State oversight for compliance since there would no longer be state regulations for DCA to monitor. Collier County's ACSC regulations would remain intact unless and until the comprehensive plan and zoning code are amended to remove those provisions; it is unknown if there is any interest in doing so. Likewise, should such removal - or significant weakening - be proposed, it is unknown how successful such a proposal might be; comprehensive plan amendments remain subject to statutory compliance review by DCA (Ch. 163, F.S.). I would presume that removal/weakening of the ACSC regulations would not be favorably reviewed by DCA since their proposal to de- designate the ACSC is based, in large part, on the County's existing regulations. Additionally, de- designation would necessitate amendments to the comprehensive plan and land development code to: l) incorporate definitions contained in Ch. 28 -25, F.A.C., but not in County regulations; 2) delete or modify references to state ACSC regulations; 3) possibly add variance and /or appeal provisions relative to ACSC requirements and limitations; and, 4) possibly other similar revisions. Also attached are two resolutions for the Board's consideration, one to support the de- designation and one to oppose it. ACSC de- desig. memo to Co. Man. G: Comprehensive /David /ACSC de- designation dw/11 -21 -06 2 Agenda Item No. 5C November 28. 2006 Page 3 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5C Item Summary: Big Cypress Area of Critical Slate Concern De- oesignation Presentation by Staff of Florida Department of Community Affairs. Meeting Date: '1128/2006 9:0000 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Nanager's Office 11121120064:29 PM Agenda Item No. 5C November 28, 2006 Page 4 of 24 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" THADDEUS L. COHEN, AIA JEB BUSH Secretary Governor November 15, 2006 The Honorable 7eb Bush and Members of the Florida Cabinet The Capitol Tallahassee, Florida 32399 -0001 RE: Big Cypress Swamp Area of Critical State Concern Dear Governor Bush and Members of the Florida Cabinet: .Attached for your consideration is the Implementation Status Report for the Big Cypress Swamp Area of Critical State Concern. The report includes a brief review of the Areas of Critical State Concern program and its requirements for removal of designation, and a review of progress by the Big Cypress Swamp area in meeting these and other requirements included in legislation or rule. In view of the Area's compliance with the conditions of designation, it is my pleasure to recommend that the Administration Commission initiate rulemaking to de- designate the Big Cypress Swamp as an Area of Critical State Concern. Sincerely, Thaddeus L. Cohen, AIA Secretary Attachment 2555 SHUMARD OAK BOULEVARD TALLAHASSEE, FLORIDA 32399 -2100 Phone: 860.4k8.84661Suncom 278.8466 FAX: 860.921.07811Suncom 291.0781 Internet address: httD:11www.dca.state.f1.us ,.nITCAi SATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING 8 COMMUNITY DEVELOPMENT Agenda Item No. 5C November 28, 2006 Page 5 of 24 State of Florida Department of Community Affairs Areas of Critical State Concern Implementation Status Report — Big Cypress Swamp Area Thaddeus L. Cohen, AIA Secretary November 2006 Agenda Item No. 5C November 28, 2006 Page 6 of 24 CONTENTS Part 1 — Summary and Recommendation ............................................. ............................... 3 Part 2 - Tabular Status Report Summary: Big Cypress Swamp Area of Critical State Concern ......... Part 3 - Big Cypress Swamp Area of Critical State Concern Maps FutureLand Use Map ........................ ............................... ... ............................... 6 .... .............................12 Conservation Lands Map .................................... ............................... Priority Water Resource Caution Area Map ....... ............................... ........ 13 ............. 14 Agenda Item No. 5C November 28, 2006 Page 7 of 24 AREAS OF CRITICAL STATE CONCERN Status of Compliance with Chapters 163 and Chapters 380, Florida Statutes PART 1 — SUMMARY AND RECOMMENDATION Introduction — The Program in General Florida's Areas of Critical State Concern Program was adopted by the Florida Legislature in the early 1970's as Section 380.05, Florida Statutes, pre- dating Florida's Growth Management Act. The program was created to provide a coordinated approach for land development in areas possessing resources of state significance and thus provide a means to protect the resources through adequate planning, adoption of land development regulations and provision of adequate infrastructure. At the time of the program's creation, most local governments in Florida did not have adequate local plans to address future growth and provide for protection of resources of state significance. Designated Areas Since the program's inception, five areas have been designated: Big Cypress Area, the Green Swamp, the City of Key West, the Florida Keys Area; and the Apalachicola Bay Area (including the City of Apalachicola, the City of Carrabelle and unincorporated Franklin County, excluding Alligator Point). This report addresses the status of the Big Cypress Swamp area with regard to its comprehensive plan, land development regulations, administration of the critical area program, level of compliance with growth management laws, and a recommendation as whether to continue the designation. Big Cypress Designation The Big Cypress ACSC, which includes portions of Collier County and a small section of swamp located in Miami -Dade County along Alligator Alley, was designated by the Big Cypress Conservation Act of 1973, Section 380.055, Florida Statutes. The Area contains, and has significant impact upon, environmental and natural resources of regional and statewide importance. Designation of the area was deemed desirable and necessary to conserve and protect its natural resources and scenic beauty, and to enable an agreement between the State of Florida and the United States government, wherein the state would contribute toward the cost of acquisition of land and water areas and related rights and interests within the area proposed as the Big Cypress National Preserve, Florida. Status of Implementation Adoption and administration of regulations governing the Big Cypress Area is under the jurisdiction of Collier County. • Collier County's Comprehensive Plan was adopted in July 1991. Its first Evaluation and Appraisal Report (EAR) was found sufficient in July 1996, and its second EAR was found sufficient in December 2004. The next EAR is due in 2011. 3 Agenda Item No. 5C November 28, 2006 Page 8 of 24 • Collier County has adopted land development regulations that are being enforced on privately -owned property in support of the County's adopted comprehensive plan. • The Collier County Comprehensive Plan and Land Development Regulations include guidelines and policies regulating development within the Big Cypress ACSC. The guidelines and policies are identical to, and are therefore consistent with, the State guidelines for the ACSC. • All development orders issued for projects within the Big Cypress ACSC are transmitted to the State of Florida, Department of Community Affairs for review, with the potential for appeal to the Administration Commission pursuant to the Florida Administrative Code • Very little development occurs in Big Cypress, with the exception of a vested Development of Regional Impact site, located at Port of the Islands. • Most of the land in the Big Cypress area is in federal ownership. A significant portion of the non - federally -owned land is in state ownership. These state and federal lands are designated as "conservation" on the Collier County Future Land Use Map (FLUM). The remainder the land is mainly in agricultural use and designated as such on the FLUM. There are three small enclaves of urban residential uses. • The entire Big Cypress Swamp area is in a Water Resource Caution Area, under which additional standards are set by the Water Management District. • Agricultural land use development, primarily citrus production, located in Collier County, north of the Big Cypress Preserve but within the State designated Area of Critical State Concern, is extensive and expanding to State Road 29. Under Section 380.05, Florida Statutes, agricultural site alterations are not defined as "development" and such lands are not subject to the site alteration limitations under the Department rule that regulates development in the Big Cypress ACSC. Furthermore, under Chapter 28- 25.004 Agricultural Exemption, the use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products, raising livestock or for other purposes directly related to all such uses are exempt from the regulations within the Big Cypress ACSC. • Inasmuch as agricultural land uses are not considered development under the ACSC law, the potential exists for land without the Big Cypress Swamp designation to be rezoned for residential development once the agricultural use is terminated. The Department will initiate a dialogue with the private land owners to encourage restoration of these lands to their natural state and to provide appropriate policies in the local planning framework, to be utilized by the local government if an agricultural use is terminated. The Department has not taken any appeals or filed any Notices of Violation in the Big Cypress area during the last 14 years. Collier County is adequately implementing its plan and land development regulations. Concerns that might arise related to non - agricultural re -use of land can. be addressed through Department assistance to the local government. 4 Agenda Item No. 5C November 28, 2006 Page 9 of 24 Requirements for Removal of Designation The Department reviews three basic requirements to consider and recommend to the Governor and Cabinet, sitting as the Administration Commission, the removal of designation of an Area of Critical State Concern: 1. Adoption of adequate comprehensive plans consistent with the Principles for Guiding Development and periodic evaluation of the plan. 2. Adoption of adequate land development regulations to implement the plan and the Principles for Guiding Development. 3. Administration of the plans and regulations in a manner that ensures protection of resources and demonstrates proper implementation based upon Department review and monitoring of issuance of permits and development orders and absence of legal action filed by the Department. In addition, the Department reviews any specific requirements for the Area that were included in the legislation or rulemaking designation actions. These requirements, and the local government's response to them, are detailed in the Status Report Summary table following this section. Recommendation for Removal of Designation Based on the local government's progress in addressing regulatory requirements related to the Area of Critical State Concern designation and relevant land use planning requirements pursuant to Chapter 163, Part II, Florida Statutes, as summarized in the following section, the Department recommends that the Administration Commission initiate rule making to remove the designation for the following local government: Big Cypress Swamp Area of Critical State Concern (Collier; Miami -Dade County) 5 Agenda Item No. 5C November 28, 2006 Page 10 of 24 PART 2 — TABULAR STATUS REPORT SUMMARY BIG CYPRESS SWAMP AREA OF CRITICAL STATE CONCERN C:) c N c d c 0 0 o c a)o2a) "- O w p a -o a c .m O o -o N c r� y O O . m No o d N V = j � = O 75 C N O m 3 U v a0 as e`a o o > N 0 cr CL N c Q z 61 L• C ami - 0 ¢in°Ea.6E2 o Q O ° m z > A c - N = O .O N c 2 1 c a a) `m '- is a) o° y ti D m c° a) a) O m m '-' O O-0 d 0 F- � A 6 !D N R D U CEO C LL O :v LL V 'N � u_�� n E y ; o L m .o c��' d i an --oo'- `� a) c c E o T> E _° c LL. .y m - O m p=) as C O0. °E gU o oLL nN o -.0 am y C ai rn= c d w /) = m o 'N ¢ io � o M, o Y cm o h m o U c aS c E E° U _ U a) _ N p O •O :�-' 3 E m °i V a) ca °) E '�-^ O a) m 2 0 E� 0 ^' m� C m � O (n Z CC JG) cl w p 0 N 3 J E o -2-0 uN, m a) = c m a `n m a a n m m F- E .@ o Q O 0 Z R j T d a) m d c m' a) a N c E .E Q Q a N m Id r7 m `O fC n .0 m N w C w d� y a) N UL--. 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Z Q N C L6 rr Q Q CP N U LL CO O N �w w r d 2 W F U 0. o E w C7 Qoo O O w V 3 E c o o a> CL d c c O - CL) D m .2-0 t6 2 Q C N ?i > O N C U c0 O CD a v LL Q _= _o t) ` N d (D N N _ > O O N .0 cu O d Q O E ..." a0 U LL C o E E O c c= 0 E ` > O 'E N m d LL Ln 0 0 N U "O ^O N � V O U cd c (p U LL _ O H IL a m L a c= N m 0 c to CC) f4 (9 a CO Q U m � O a O O d o Q7 cn c N C c =� c c Z W� Q LL O Q O O cn i.n �a aU w E co mom' o o a 6 CU Qo O T E W E w W G J z C7 a w -> 0C> m U¢ 0 0 U\\ -7T CD C) E �/ \ \[E a) 0 U)z in r-.j El 0 . ti. (-0 -t SON O � V O JJ r- N � 0 607 to ^ n 6 > 00 0) Q 0 m a- < Z f� ( 13 : Q g L) C 0 T -1: 6 IT ILJ �� /� zo m, ! 1L. f� ( Agenda Item No. 5C November 28, 2006 Page 19 of 24 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA SUPPORTING THE DE- DESIGNATION OF THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN AND FURTHERMORE RECOMMENDING IMMEDIATE TRANSMITTAL OF THIS RESOLUTION TO THE OFFICE OF THE GOVERNOR, THE FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, 'The Big Cypress Conservation Act of 1973" created the Big Cypress Area of Critical State Concern (ACSC) as codified in Section 380.055, Florida Statutes; and; WHEREAS, it was the intent of the Legislature to conserve and protect the natural resources and scenic beauty of the Big Cypress Area of Florida; and; WHEREAS, it was the finding of the Legislature that the Big Cypress Area is an area containing and having significant impact upon environmental and natural resources of regional and statewide importance and that designation of the area as an ACSC was desirable and necessary to accomplish the purposes of "The Florida Environmental Land and Water Management Act of 1972 ".; and; WHEREAS, the entire Big Cypress Swamp Area in a Water Caution Area, under which additional standards are set by the South Florida Water Management District; and; WHEREAS, the Florida Legislature did not incorporate a "Removal of Designation" provision Section 380.055, Florida Statues upon adoption or in subsequent amendments in 1975, 1978, 1979, 1981, 1985, 1986, 1987 or 1994.; and; WHEREAS, the Florida Department of Community Affairs (DCA), the State Land Planning Agency, submitted a written report to the Administration Commission describing in detail the progress made by Collier County to conserve and protect the natural resources and scenic beauty of the Big Cypress ACSC; and; WHEREAS, all development orders issued for projects within the Big Cypress ACSC are transmitted by Collier County to DCA for review, with the potential for appeal to the Administration Commission pursuant to the Florida Administrative Code; and; 2006 Resolution Supporting De- Designation of Big Cypress Area of Critical State Concern 1 Agenda Item No. 5C November 28, 2006 Page 20 of 24 WHEREAS, Collier County has adopted a Comprehensive Plan and land development regulations to afford greater protection to lands within the ACSC; and; WHEREAS, Collier County's adopted ACSC Overlay in the Future Land Use Element of the Comprehensive Plan and an ACSC Zoning Overlay in the land development regulations both contain the regulatory component of the State's ACSC provision; and; WHEREAS, during the last fourteen years there have been no appeals or violations in the Big Cypress Area ACSC. and; WHEREAS, the Administration Commission will consider the "Implementation Status Report — Big Cypress Swamp Area" provided by the DCA at its December 5, 2006 meeting; and; WHEREAS, the Administration Commission will consider de- designating the Big Cypress ACSC at its December 5, 2006 meeting; and; WHEREAS, the Collier County Board of County Commissioners and affected stakeholders had no advance notice of the potential de- designation of the Big Cypress ACSC as Chapter 380.055, Florida Statues, contains no provisions relating to the removal of said designation; and; WHEREAS, the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) have been amended incorporating the substantive aspects of Section 380.055 and implementing Florida Administrative Code provisions; and; WHEREAS, amendments to the GMP and LDC shall be required to eliminate all references to the Big Cypress ACSC; and; WHEREAS, minor amendments to the GMP and LDC shall be required to insure that all internal inconsistencies have been removed and to insure that no statutory or Administrative Code provisions were inadvertently not incorporated into the GMP and LDC. NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIFR COUNTY; FLORIDA, that- 2006 Resolution Supporting De- Designation of Big Cypress Area of Critical State Concern 2 Agenda Item No. 5C November 28, 2006 Page 21 of 24 1. The Board of County Commissioners hereby supports the de- designation of the Big Cypress Area of Critical State Concern. 2. This Resolution shall be transmitted to the Office of the Governor, Florida Administration Commission and the Florida Department of Community Affairs for consideration of Collier County's support of de- designation at the Administration Commissions December 5, 2006 meeting. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: FRANK HALAS, CHAIRMAN Marjorie M. Student - Stirling Assistant County Attorney 2006 Resolution Supporting De- Designation of Big Cypress Area of Critical State Concern 3 Agenda Item No. 5C November 28, 2006 Page 22 of 24 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA OPPOSING THE DE- DESIGNATION OF THE BIG CYPRESS AREA OF CRITICAL STATE CONCERN AND FURTHERMORE RECOMMENDING IMMEDIATE TRANSMITTAL OF THIS RESOLUTION TO THE OFFICE OF THE GOVERNOR, THE FLORIDA ADMINISTRATION COMMISSION AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, "The Big Cypress Conservation Act of 1973" created the Big Cypress Area of Critical State Concern (ACSC) as codified in Section 380.055, Florida Statutes; and; WHEREAS, it was the intent of the Legislature to conserve and protect the natural resources and scenic beauty of the Big Cypress Area of Florida; and; WHEREAS, it was the finding of the Legislature that the Big Cypress Area is an area containing and having significant impact upon environmental and natural resources of regional and statewide importance and that designation of the area as an ACSC was desirable and necessary to accomplish the purposes of "The Florida Environmental Land and Water Management Act of 1972 ".; and; WHEREAS, the entire Big Cypress Swamp Area in a Water Caution Area, under which additional standards are set by the South Florida Water Management District; and; WHEREAS, the Florida Legislature did not incorporate a "Removal of Designation" provision Section 380.055, Florida Statues upon adoption or in subsequent amendments in 1975, 1978, 1979, 1981, 1985, 1986, 1987 or 1994.; and; WHEREAS, the Department of Community Affairs (DCA), the State Land Planning Agency, submitted a written report entitled "Implementation Status Report — Big Cypress Swamp Area" to the Administration Commission describing in detail the progress made by Collier County to conserve and protect the natural resources and scenic beauty of the Big Cypress ACSC; and; 2006 Resolution opposing the De- designation of Big Cypress Area of Critical State Concern 1 Agenda Item No. 5C November 28, 2006 Page 23 of 24 WHEREAS, all development orders issued for projects within the Big Cypress ACSC are transmitted by Collier County to DCA for review, with the potential for appeal to the Administration Commission pursuant to the Florida Administrative Code; and; WHEREAS, Collier County has adopted a Comprehensive Plan and land development regulations to afford greater protection to lands within the ACSC; and; WHEREAS, Collier County's adopted ACSC Overlay in the Future Land Use Element of the Comprehensive Plan and an ACSC Zoning Overlay in the land development regulations both contain the regulatory component of the State's ACSC provision; and; WHEREAS, during the last fourteen years there have been no appeals or violations in the Big Cypress Area ACSC. and; WHEREAS, the Administration Commission will consider the "Implementation Status Report — Big Cypress Swamp Area" provided by the DCA at its December 5, 2006 meeting; and; WHEREAS, the Collier County Board of County Commissioners and affected stakeholders had no advance notice of the potential de- designation of the Big Cypress ACSC as Chapter 380.055, Florida Statues, contains no provision relating to the removal of said designation. NOW, THEREFORE, BE IT RESOLVED by THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby opposes the de- designation of the Big Cypress Area of Critical State Concern. 2. This Resolution shall be transmitted to the Office of the Governor, Florida Administration Commission and the Florida Department of Community Affairs for consideration of Collier County's opposition to de- designation at the Administration Commissions December 5, 2006 meeting. 2006 Resolution opposing the De- designation of Big Cypress Area of Critical State Concern 2 Agenda Item No. 5C November 28, 2006 Page 24 of 24 THIS RESOLUTION ADOPTED after motion; second and majority vote this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Approved as to form and legal sufficiency: Marjorie M. Student - Stirling Assistant County Attorney FRANK HALAS, CHAIRMAN 2006 Resolution opposing the De- designation of Big Cypress Area of Critical State Concern 3 Request to Speak under Public Petition Please print Name: rrc) Address: Agenda Item No. 6A November 28, 2006 Page 1 of 8 O'n I e '39120 'S PL Phone: 23-q � S45 2'i Date of the Board Meeting- you wish to speak: -J� a 0-- --2,T . 2 C>O L Please explain in detail the reason you are requesting to speaklattach additional page if necessary): �k' 41161-1WOM, On U elf-* . Please explain in detail the action You are asking the Commission to take (attach additional pace if n2ggssar yj- _ ts I %, vv i FADATXT-E—iiTION POLICY FOR PUBLIC PETITIMOubik; Pat w. Request Fo-n.doc Td W1J02:0T 900E VT 'WON E'- 2L E-ES2: *ON XUA oa8nwia aor: wmu Agenda Item No. 6A November 28, 2006 Page 2 of 8 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 Y November 14, 2006 Mr. Joseph DiMurro 4920 20`h Street N.E. Naples, FL 34120 Re: Public Petition Request to Discuss Blasting Level Requirements Set by the State and Subsequent House Damage Dear Mr. DiMurro: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 28, 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 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. Sincerely, me V Mudd County Manager JVMIjb cc: David Weigel, County Attorney Joseph Schmitt, CD &ES Administrator Agenda Item No. 6A i November 3301 East Tamiami Trail • Naples, Florida 34112 - 4977} (239) 774 -8097 • Fax (239) 774 -3602 a Donna Fiala District i F`ya October 31, Frank Halas District 2 Tom Henning District 3 - Fred W. Coyle District 4 Jim Coletta District 5 _... _ Mr. Joe DiMurro 4920 20`h St. NE Naples, FL 34120 Subject: Public Petition Dear Mr. DiMurro: I have been following the difficulties that you have been having with Jones Mining through AIMS 2465 and I don't believe we are solving your problems in a meaningful way. At my request my Aide Nancy Rosiak contacted you about this and you indicated an interest in reaching out to the entire Board of County Commissioners under Public Petition so all Commissioners could become aware of your situation. Therefore. I am enclosing the Public Petition papers for your submittal to the County Manager's office to speak about the problems you've incurred with Jones Mining and the damaee that has occurred to your home. I understand that you would like to speak at the November 28, 2006 Board of County Commissioners meeting, and with the Thanksgiving holidays, the deadline for the petition has moved up a couple of days to November 15, 2006. As always I will continue to seek solutions through staff to assist you as we move forward. I remain available, should the need arise to speak to me in the meantime. It is my pleasure to serve you. UOmn11SStUDer, 1J15LL1l;l i jimc-oletta @colliergov.lzet JC: nkr C: Jim Mudd, County Manager Puulic, rclirtotl rapcis AIMS History &e 0 f AAgenda � kio. 6A November 28, 2006 Page 4 of 8 Action History for Incident Number 2465 Currently responsible: MichaelSheffield @colliergov.net of County Manager Current Suspense Date: Oct 16, 2006 CLIENT/REQUESTOR: Joe DiMurro , 4920 20'th Street NE , Naples FL Phone: 289-3948 cell Email: @ (District: 5) Back to Intake/Entry Form Opened Issue on: Oct/09/2006 at 10:35:00 By: MichaelSheff ield @col iiergov. net of County Manager The Issue: Commissioner Coletta received the following 2 phone messages from Mr. DiMurro regarding the blasting at Jones Mining. He indicated that something needs to be done about this and would like for you to start an investigation into this matter and contact Mr. DiMurro and let him know what is being done and keep him informed as to how your investigation progresses, while keeping Commissioner Coletta in the loop also. Call from 289-3948 10/2 at 8:59 a.m. - Joe DiMurro - Lives out by Jones Mining - problem with Geosonics. Made a tape of their house and at the meeting it was stated in the minutes that they would receive a copy of the tape and they would put the berm would be up to 15' before the blasting started. None of this happened. The blasting started, and he has damage to his house. He has no tape from Geosonics and he called them up and they said they haven't even finished their report and they said they don't even have the tape yet but that you gave them permission to blast anyway. He hasn't received the tape and now he has damage from his house and he still hasn't been able to get a copy of the report from Bill Spencer and he's not going give up on this and you are destroying his house and property and he's not going to sit here idly by and let them ruin his house. He's very angry and would appreciate a call back. He can be reached at C- 289-3948 or H - 352-2733. Call from 289-3948 - 10/8 @ 8:19 a.m. - Joe Dimurro - 4920 - 20th St. NE - 8:15 a.m. on Sunday - I was awakened by Jones Mine, Trucks on Sunday morning working and work me up - Trucks backing up going beep-beep, rock being grinded and well pumps going 24 hours. You were right, they can't be trusted. Going to get a lawyer Tuesday morning and going to sue everyone that's involved with this. Jones Mining, the blasting company, that's rattling my house. - Sunday morning 7 a.m. - I'm going to go after everyone - enough is enough. Closed Issue on: Oct/ 13/2006 at 09:09:00 By: MichaelSheffield @colliergov.net of County Manager, with CC addressees: DavidScribner,Connie3ohnson,StanChrzanowsk!,NancyRosiak,michaelsheffield, with answer as follows: This Issue has been Closed due to Action Taken. Thanks Stan and David. Chronology of events from latest to earliest: Staff Email message on: Oct/25/2006 at 08:15:00 From: NancyRosiak@colliergov.net of Commissioners Office a: Multiple #A %ddressees, with CC addressees: HeatherGrimshaw,JimColetta, with http://cww2/aims/iiistory.cfm?inenum=2465&CID= 10/31/2006 AIMS History F�gend ata�nl�lof -A November 28, 2006 Page 5 of 8 message as follows: Staff Comment: Adding this message below to this existing AIMS issue as a possiable contributing factor. It was taken from Joe Schmitt's Weekly Report. Project Review The number of Insubstantial Changes that we're processing seems to be increasing. There have been 22 so far this month. Seismograph readings of the blasting at the Jone:5 pit show that the levels are well within code tolerances, but we're still getting complaints from one resident. The inspectors think it has to do with the fact that he built on a high fill mound (8 to 10 ft). Staff Email message on: Oct/24/2006 at 10:20:00 From: HeatherGrimshaw@colliergov.net of Communication and Customer Relation To: Multiple Addressees, with CC addressees: michaelsheffield,NancyRosiak, with message as follows: Staff Comment: From: SheffieldMichael Sent: Tuesday, October 24, 2006 10:06 AM To: arnold_m; scribnerdavid Cc: ochs_I; wight_d; stone_w; ColettaJim; rosiak_n; mudd_j Subject: FW: Blasting at the Mine - (Jones Mining) AIMS 2465 ongoing Michelle /David: I know that you and your staff have been diligently working on this issue. Please review the latest communication (below) and provide an update. Thanks, Mike Sheffield Staff Email message on: Oct/24/2006 at 09:36:00 From: NancyRosiak @colliergov.net of Commissioners Office To: Multiple Addressees, with CC addressees: Nancy Rosiak,HeatherGrimshaw, with message as follows: StaffComment: -------------------------------------------------------------------------------- From: rosiak_n Sent: Tuesday, October 24, 2006 9:35 AM To: mudd _j; ochs_l; SheffieldMichael; stone _w; wight_d Cc: ColettaJim Subject: Blasting at the Mine - (Jones Mining) AIMS 2465 ongoing Mr. Mudd: Mr. DiMurro called this morning and left a voice mail with Commissioner Coletta to report that they were operating Jones Mine at 6 :15 a.m. with horns are going off, etc. He expressed that he thinks code enforcement should be there earlier than 8 a.m. and find out what's going on, because they are breaking the rules and he feels that nobody is doing anything about it. Commissioner Coletta would appreciate it if Code Enforcement could follow up on this and advise the Commissioner. I've taken the liberty of pasting below the previous AIMS issue 2465, that deals with this same issue, for ease in reviewing the history of this matter. Because this matter seems to be more timely than might be responded to within AIMS, I was asked to forward this request to you in an e-mail, rather than reopening the issue. Nancy Rosiak Executive Aide to Commissioner Jim Coletta, District 5 http: / /cww2/ aims /history.cfm ?incnum= 2465&CID= 10/31/2006 AIMS History Agenda lain 1V) f65A November 28, 2006 Page 6 of 8 Staff Email message on: Oct /13/2006 at 16:58:00 From: NancyRosiak @colliergov.net of Commissioners Office To: Multiple Addressees, with CC addressees: JimColetta, michaelsheffleld, Bit ISpencer, with message as follows: Staff Comment: 10/12 at 6:10 p.m. - Mr. DiMurro called and said he came home from work today and found a lot of stuff was rattled off his shelfs. He has stuff all over the floor of his house. He is going to report everytime he has damage because everytime they blast he has damage. Cracks are getting bigger, this is getting bad. Told by blasting company they are getting closer. Mr. Spencer says it isn't. Too many different answers here and he doesn't even know who the right people are anymore He's going to see Mr. Spencer and is going to take pictures of his house and give to his attorney. anything you can do for him, call back - anything would be appreciated. Referral on: Oct /13/2006 at 08:51:00 By: DavidScribner @colliergov.net of Code Enforcement To: michaelsheffleid @Colliergov.net of County Manager, with CC addressees: Michel leArnold, JimColetta ,ConnieJohnson,StanChrzanowski, with message as follows: I contacted Mr. Dimurro who stated that there was activity at the Jones Mining site on Sunday morning between 7:00am and 8:00am. I arranged with Mr. Dimurro to have an investigator come to his home early this Sunday morning to determine if any activity is taking place. While there the investigator will take noise reading for the pumps that are operating. His complaint about truck noise and back -up noise is not a noise violation because vehicle noise and safety devices are exempt from the noise ordinance. If they are found to be workning on Sunday this would be a vilation of their conditional use permit. Any activity at this site on a Sunday would be a violation of county code. Mr. Dimurro stated there was no blasting taking place on Sunday. Stan Gedvillas, Supt, of Jones Mining was contacted and told of the complaint. He denied any activity was taking place and is aware of the restriction to not perform any work at the site on Sunday. He was told we would be monitoring the site. A Code Enforcement case was started, noise measurement will be taken and the mining site will be monitored on Sundays. Mr. Dimurro was advised if he as any problems he is to call the main Code Enforcement number and if on a weekend he is to leave a message;. The answering macine is checked every two hours by the investigators on duty and they will respond to his complaint. He thanked me for the information and was pleased with the response. Based on the actions taken this issue can be closed. Client Contact Information: Date: 10/11/2006 Method: Telephone By Whom: David Scribner Staff Email message on: Oct /10/2006 at 15:23:00 From: MichaelSheffield @colliergov.net of County Manager To: Multiple Addressees, with message as follows: Staff Comment: Michelle wrote: Stan, What are we suppose to do after the fact? The only thing that we can do regarding addressing a noise complaint is if it is going to be a continued nuisance. I can send http: / /cww2/ aims /history.cfm ?incnum= 2465&CID= 10/; 112006 AIMS History Agenda lm f oof t A November 28, 2066 Page 7 of 8 someone out there on Sunday to ensure they are not doing work. Michelle Edwards Arnold Code Enforcement Director Referral on: Oct /10/2006 at 13:50:00 By: MichelleArnold @colliergov.net of Code Enforcement To: DavidScribner @Coliiergov.net of Code Enforcement, with CC addressees: michaelsheffield, with message as follows: David, Please call the citizen and ask him if he wants to a named as the complainant and have someone go out on Sunday to monitor the construction activity. Thanks Referral on: Oct/09/2006 at 15:50:00 By: MichaelSheffield @colliergov.net of County Manager To: MichelleArnold@Colliergov.net of Code Enforcement, with message as follows: Michelle, Please review this issue. Leo has requested immediate action. Stan Chrzanowski suggested that it be re- referred to you at this point. Thanks, Mike Staff Email message on: Oct /09/2006 at 15:48:00 From: MichaelSheffield @colliergov.net of County Manager To: Multiple Addressees, with message as follows: Staff Comment: Stan C. Wrote: ------------------------------------------------- - - - - -- Mike... I forwarded the issue to the engineer and the pit owner. Apparently they got a new piece of equipment in there this weekend and spent much of the weekend setting ii: up in preparation for Monday (today), and since it's something portable (moveable, temporary, etc) they saw no need to tell us. I don't think it'll happen again in the near future, but since we have an AIMS complaint, I guess you'll have to send someone out there to investigate the noise complaint. Michelle... all yours Staff Email message on: Oct /09/2006 at 11:51:00 From: MichaelSheffield @colliergov.net of County Manager To: Multiple Addressees, with message as follows: Staff Comment: Stan Chrzanowski wrote: --------------------- -------- -------------- ---- - - - -- Mike: Bill Spencer handled the 10/2 complaint last week. The problem is not vibration, it's the air blast (sound and concussion reading). They've been setting up seismographs. at DiMurro's house and they've not over the limit yet, but the air blast is at the high end of what's allowable. They're working on bringing it down. Bill also says that Carmen gave DiMurro a copy of the seismograph readings. The "preblast" survey is still in the hands of the blaster's agent. Bill will check on it. So I guess the big complaint now is trucks and grinding and wells? Stan C. Staff Email message on: Oct /09/2006 at 11:50 :00 From: MichaelSheffield @colliergov.net of County Manager To: 'Multiple Addressees, with message as follows: http: / /cww2/ aims /history.cfm ?incnum =2465 &CID= 10/31/2006 AIMS History Agenda IW N58% November 28, 2006 Page 8 of 8 Staff Comment: Stan Chrzanawski wrote: Already forwarded to Bill Spencer for the blasting part, but we don't "do" backup alarms.. We may have to get Code involved with that and the rock gronding and the well pumping. Staff Email message on: Oct /09/2006 at 10:59:00 From: MichaelSheffield @colliergov.net of County Manager To: Multiple Addressees, with CC addressees: StanChrzanowski,Connie3ohnson, with message as follows: Staff Comment: Stan, Thanks for looking into this. Leo has requested that this matter get immediate attention, and that Mr. DiMurro receive a direct reply. Thanks, Mike Referral on: Oct/09/2006 at 10:53:00 By: Connie3ohnson @colliergov.net of CDES To: StanChrzanowski @Colliergov.net of CDES, with message as follows: Stan, per our discussion. Referral on: Oct /09/2006 at 10:35:00 By: MichaelSheffield @colliergov.net of County Manager To: Connie3ohnson @Colliergov.net of CDES , with CC addressees: NancyRosiak,michaelsheffield, with message as follows: Connie, At Leo's request, please coordinate the handling of this issue. Thanks,Mike Back to Intake /Entry Form I http: / /ckN,w2/ aims /history.cfm ?incnum= 2465&CID= 1013 1 /20')6 Agenda Item No. 6B November 28, 2006 Page 1 of 2 _ ���� ���� � �^��u�x������ COUNTY � �v�z��nru��u�u��� OFFICE 330l East TmniumiTrail , Naples, Florida 34112 " (23V)774-8383 ^ Fax (23y)774-4OlO November 15.2OO8 N1c Marvin E.Johns G9O8 Johns Road Naples, FL34114 Re: Public PeUUmO Request bo Discuss Access Rood Between Amity Road and Johns Road Dear Mr. Johns: Please ba advised that you are scheduled bJ appear before the Collier County Board of Commissioners at the meeting of November 3D. 2006 regarding the above referenced subject. Your petition to the Board of [omnb/ Conlrnimeiomena will be limited to ben minutes. Please be advised that the Board will take no action on your oebUun at this meeting. Hovvaver, your petition may be placed on o future agenda for consideration at the ^-- Board's discretion. Therefora, your petition to the Board should be to advise them of your concern and the need for action by the Board ata 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 ammiotgnm*, p|eoaa dm not hesitate to contact this Sincerely, ,-James V. Mudd County Manager JVN/jb cc: David Weigel, County Attorney Norman Feder, Transportation Services Administrator Nov 15 06 08:33a Marvin E. Johns 239 - 774 -0187 Agenda R'em No. 6B November 28, 2006 ATTO , 0,CViq W, HAOW-0- pe- (' j M Ct[ I Gtfgge 2 of 2 Request to Speak under Public Petition Please print Name: Address: 69 ©q ;j'Cti`1(3s ptaA1J. N A P i.r--S Phone_ c)M -dQ7- ay91 Date of the Board you wish to steak: I N l zslt)6 Please explain in detail the reason you are reauestina to speak (attach additional page if necessary): ACC ,3 N r�� a � �`n (� +e.r- •.,��u ye�✓a�d �a n `�? �.�� C'D�JIt"1 t'tl -� £- oerlLf --the.. C nnn t. Wwie„nf 12 I DGTA tom.,. A4b tai "-52 rpcx4, e tm1 kooLd a nrt CrohnS _rinj; olue :k +Vw Cbuntu b _ I.. in g -UO2 t&Lf..s C, -6 tens Please explain in detail the action you are asking the Commission to take (attach additional page tf necessary: DL-it' kor'n E' - a n nt' lahar j CADocurnents and Seftings%OwrnerlLoml SeftingsiTernporary Internet ReslContentlE507GRC74D1P'ublfc Petition request FDrrn(21.doc 7ZA Agenda Item No. 6C November 28, 2006 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail , Naples, Florida 34112 • (239) 774-8383 • Fax (239) 774-4010 November 15, 2006 Jeannette Showalter 8025 San Vista Circle Naples, FL 34109 Re: Public Petition Request to Discuss Citizen Petition for Forming MSTU for Naples Park Lake Dear Ms. Showalter: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of November 28, 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 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. 11sk-1 rely, James V, Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator 2006 -11- 1516:17 TOM MELANCON 2395935322» 7744010 Agenda It@ri4lJo.6C er 28, 2006 Page 2 of 2 Request to Speak under Public Pot 114- � D 1" �t e Please print Name: 'r Yeanne4-rt° '4duJ,O°y Addreas: SDzS S" �i >TA+ Ci¢Ctk 11.x( {s 3yIa Phone: Date of the Board Meetlno you AM tp smk., c< t : �. �.` i.r1f -.. ifs- 1 =,'.. -•./ • -.1- L. �� .� ' � L• n _ !.._ „K rf ., � •� a •.1.. niiw, A fry (TRIMANIEW ROW, WA P 0 ct C -.0a0 mwo and SmUWpVemndts alpwi11eA6=0 800"ITanD"T Inlfenet FourAnW*M F -04OWD MULdh bk_Po tbrLRGO AoLFwro).dx Agenda Item No. 8A November 28, 2006 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2005 -06 Adopted Budget. OBJECTIVE: That the Board of County Commissioners adopts the attached resolution and the related amendments that amend the Fiscal Year 2005 -06 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners after an advertised public hearing. Budget amendments requiring such approval include the appropriation of carry forward, interfund transfers, and supplemental revenue. This is a public hearing to amend the budget for Fiscal Year 2005 -06. The budget can be amended up to 60 days after the close of the fiscal year. Each of these budget amendments has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The County Attorney's Office has reviewed and approved the attached resolution for legal sufficiency. ,._ The attached resolution and the summary of the resolution have been advertised and have been available for public review and inspection with the related budget amendments and executive summary at the Office of Management and Budget. The amendments and summary are included herein by reference in the resolution. FISCAL IMPACT: The amendments and executive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopts the attached resolution amending the Fiscal Year 2005 -06 adopted budget. Prepared by: Michael Smykowski, OMB Director Agenda Item No. 8A November 28, 2006 Page 2 of 12 RESOLUTION NO.06 -BAR- A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2005 -06 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as 'Board ") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a nature from a source not anticipated in the budget and received for a particular purpose; appropriations for expenditures in particular funds that should be decreased and other appropriations in the same fund that should be correspondingly increased; appropriations from the reserve for contingencies; appropriations from the reserve for future construction and improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2005 -06 by resolution pursuant to Section 129.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the FY 2005 -06 Budget described below are approved and hereby adopted and the FY 2005 -06 Budget is so amended. FUND BUDGET AMENDMENT :.'UMBERS INCREASE (DECREASE) CARRY FORWARD OR INTERFUND TRANSFERS INCREASE (DECREASE) RECEIPT INCREASE (DECREASE) EXPENDITURE INCREASE (DECREASE) RESERVES INCREASE (DECREASE) INTERFUI.D TRANSFERS 307 06 -002 200,000 568,000 768,000 495 06 -007 5,000 5,000 301 06 -013 84,200 370,261 454,461 408 06 -027 1,750,000 2,000,000 (250,000) 001 06 -028 11,250 11,250 220 06 -070 45,400 44,000 1,135,000 (6,807,181) 5,761,581 302 06 -071 5,761,581 35,804,419 41,566,000 301 06 -074 74,098 74,098 �Q 1 Q 1 nn inn Agenda Item No. 8A November 28, 2006 Page 3 of 12 FUND BUDGET AMENDMENT NUMBERS INCREASE (DECREASE) CARRY FORWARD OR NTERFUND TRANSFERS INCREASE (DECREASE) RECEIPT INCREASE (DECREASE) EXPEN- DITURE INCREASE (DECREASE) RESERVES INCREASE (DECREASE) INTERFUND TRANSFERS 111 06 -137 542,656 542,656 301 06 -143 200,000 200,000 412 06 -147 146,505 146,505 411 06 -148 106,284 106,284 312 06 -150 5,000 5,000 339 06 -154 813,200 813,200 001 06 -162 1,265,118 1,432,180 (167,062) 427 06 -177 26,805 26,805 516 06 -186 12,492,780 12,530,280 (37,500) 474 06 -209 300 300 001 06 -211 141,090 5,000 136,090 518 06 -224 435,000 547,300 (112,300) 313 06 -227 73,726 73,726 111 06 -255 70,500 70,500 325 06 -256 1,211,000 1,211,000 325 06 -261 250,000 250,000 i l l 06 -292 176,667 176,667 143 06 -298 67,171 67,171 152 06 -299 144,621 144,621 521 06 -338 137,900 85,700 307,200 (83,600) 521 06 -339 225,000 225,000 490 06 -340 469,756 469,756 306 06 -346 184,647 184,647 301 06- 353 383,538 383,538 495 06 -382 50,000 50,000 118 06-411 1,987 1,986 3,973 118 06 -417 1,998 1,998 3,996 21n n/.112(. 7QC nnn 7 101Z nnn Agenda Item No. 8A INCREASE November 28, 2006 (DECREASE) Page 4 of 12 CARRY 408 FORWARD 16,700 BUDGET OR AMENDMENT L\ TERFUND INCREASE INCREASE INCREASE (DECREASE) (DECREASE) FUND NUMBERS TRANSFERS (DECREASE) (DECREASE) INTERFUND RECEIPT EXPENDITURE RESERVES 399,500 TRANSFERS 313 06 -517 122,066 122,066 408 06 -524 16,700 16,700 473 06 -541 399,500 399,500 313 06 -568 369,500 369,500 101 06 -571 68,528 68,528 414 06 -580 278,000 278,000 381 06 -615 362,263 362,263 175 06 -627 38,300 38,300 322 06 -630 255,145 47,655 302,800 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of this meeting for permanent record in his office. This Resolution adopted this 28`h day of November 2006, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk By: DEPUTY CLERK Approved as to form and legal sufficiency: avid C. Weigel, o orney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Agenda Item No. 8A November 28, 2,006 COUNTY OF COLLIER Page 5 of 12 NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2005 -06 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on November 28, 2006, at 9:00 a.m. or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy of the proposed Budget Amendment Resolution and background material will be available for public inspection on weekdays between 8:00 a.m. and 5:00 p.m. at the Office of Management and Budget, 2nd Floor, W. Harmon Turner Building. A final decision on the amendments will be made at this meeting. Listed below are the amendments to be considered and their purpose. Dwight E. Brock, Clerk of Courts Board of County Commissioners Collier County, Florida Frank Halas, Chairman Budget Change Fund Amend. No. Fund No. Fund Title Amount Total 06 -002 307 Library Construction $768,000 $777,912 PURPOSE: To appropriate Library Trust Fund transfer for auditorium construction. 06 -007 495 Collier County Airport Authority $5,000 $3,104,698 PURPOSE: To appropriate carry forward for the Airport Director's bonus. 06 -013 301 Capital Improvement Fund $454,461 $34,997,585 PURPOSE: To appropriate grant and matching funds to lease an absentee ballot and mailing machine. 06 -027 408 Water /Sewer Operating Fund $1,750,000 $103,224,929 PURPOSE: To recognize FEMA reimbursements for Utilities hurricane expenses. Budget Amend. No. Fund No. Fund Title Change Amount Agenda Item No. 8A November 28, 2006 Page 6 of 12 Fund Total 06 -028 001 General Fund $11,250 $381,181,836 PURPOSE: To appropriate reimbursements for on -site grant training. 06 -070 220 Caribbean Gardens Debt Service $89,400 $8,849,000 PURPOSE: To appropriate funds to finance the debt service for Caribbean Gardens. 06 -071 302 Caribbean Gardens Capital $41,566,000 $41,566,000 PURPOSE: To appropriate loan revenue to finance the acquisition of Caribbean Gardens. 06 -074 301 Capital Improvement Fund $74,098 $35,071,683 PURPOSE: To appropriate carry forward to pay contractor invoices. 06 -089 681 Court Administration S38,100 $2,667,100 PURPOSE: To appropriate transfer for a Case Management Coordinator. 06 -095 313 Road Construction — Gas Tax $275,768 $259,161 ,925 PURPOSE: To recognize both carry forward and contributions for pathways. 06 -130 414 Wastewater Capital Project $68,421 $44,939,215 PURPOSE: To recognize carry forward to pay contractor invoices. 06 -132 301 Capital Improvement Fund $200,000 $35,271,683 PURPOSE: To appropriate funds to award contract for GIS services. 06 -136 426 Transit Operations $500,000 $5,893,503 PURPOSE: To appropriate Fund (112) transfer for CAT bus shelters. 06 -137 111 MSTD General Fund $542,656 $44,151,784 PURPOSE: To appropriate transfer from Landscaping Fund (112) for CAT bus shelters. Agenda Item No. 8A November 28, 2006 Page 7 of 12 Budget Change Fund Amend. Fund No, No. Fund Title Amount Total 06 -143 301 Capital Project Fund $200,000 $35,471,683 PURPOSE: To appropriate transfers for capital project management software. 06 -147 412 Water Capital Project Fund $146,505 $61,055,619 PURPOSE: To recognize carry forward to pay contractor invoices. 06 -148 411 Water Impact Fee Project $106,284 $114,902,927 PURPOSE: To recognize carry forward to pay contractor invoices. 06 -150 312 Road Gas Tax $5,000 $2,880,175 PURPOSE: To recognize transfer reallocate gas tax reserves to replace desktop computers in the TECM department. 06 -154 339 Impact Fee District 6 5813,200 $3,691,455 PURPOSE: To appropriate funds for an impact fee reimbursement payment. 06 -162 001 General Fund $1,265,118 $382,446,954 PURPOSE: To recognize reimbursements for hurricane debris removal from canals. 06 -177 427 Transportation Disadvantaged $26,805 $4,147,923 PURPOSE: To appropriate reimbursements to pay transit system invoices. 06 -186 516 Property and Casualty Insurance $12,492,780 $27,320,380 PURPOSE: To appropriate funds from reserves, insurance recoveries and FEMA to cover cost of property insurance claims. Budget Amend. Fund No. No. Fund Title 06 -209 474 Solid Waste Capital PURPOSE: To appropriate funds to construct the landfill scale house. 06 -211 001 General Fund PURPOSE: Appropriate auction proceeds to pay the auctioneer's commission. 06 -224 518 Workers Compensation PURPOSE: To appropriate insurance recoveries to cover the cost of claim settlements. 06 -227 313 Road Construction Gas Tax PURPOSE: To appropriate carryforward for pathway projects. 06 -255 111 MSTD General Fund PURPOSE: To appropriate transfers to properly assign fee revenue generated by the OSH — Grants staff. 06 -256 325 Capital Projects PURPOSE: To appropriate Naples and SFWMD contributions for the Haldeman Creek dredging project. 06 -261 325 Water Management PURPOSE: To appropriate General Fund contribution for improvements to Solana/Buming Tree Drive. 06 -292 111 MSTD General Fund PURPOSE: To appropriate landscaping (112) transfer for limerock road conversion. 06 -298 143 Vanderbilt MSTU PURPOSE: To appropriate carryforward for MSTU capital improvements. Agenda Item No. 8A November 28, 2006 Page 8 of 12 Change Fund Amount Total $300 $12,375,950 $141,090 $382,588,044 $435,000 $6,308,507 $73,726 $259,235,651 570,500 $44,222,284 $1,211,000 $13,787,899 $250,000 S14,037,899 $176,667 $44,398,951 567,171 $2,102,171 Budget Amend. Fund No. No. 06 -299 152 06 -338 521 06 -339 521 06 -340 490 06 -346 306 06 -353 301 06 -382 495 06 -411 118 Agenda Item No. 8A November 28, 2006 Page 9 of 12 Change Fund Fund Title Amount Total Lely MSTU $144,621 $389,838 PURPOSE: To appropriate carryforward for MSTU capital improvements. Fleet Management $223,600 $6,987,000 PURPOSE: To appropriate carryforward and parts revenue to replace underground fuel tanks and purchase inventory parts. Fleet Management $225,000 $7,212,000 PURPOSE: To recognize Utilities transfer to purchase a fuel truck. EMS 5469,756 $19,497,392 PURPOSE: To recognize General Fund transfer to hire additional paramedics. Parks Capital $184,647 $8,624,526 PURPOSE: To appropriate Naples Zoo lease revenue for the Gordon River Greenway Park. Facilities Management CiP 5383,538 $35,855,221 PURPOSE: To appropriate General Fund transfer for emergency generator upgrades. Collier County Airport Authority 550,000 53,154,698 PURPOSE: To recognize transfer for Inunokalee Airport PUD /Master Plan consulting. Emergency Management Grant 53,973 $323,949 PURPOSE: To appropriate matching funds transfer to purchase VHF radios and foam. Budget Amend. Fund No. No. Fund Title 06 -417 118 Emergency Management Grant PURPOSE: To appropriate matching funds transfer to purchase wild land firefighting equipment and foam. 06 -436 310 Community Development Capital PURPOSE: To recognize Community Development fund transfer for building renovations. 06 -444 652 Legal Aid Society PURPOSE: To recognize filing fess revenue dedicated for the Legal Aid Society. 06 -451 001 General Fund PURPOSE: To recognize reimbursements to remove debris from canals - Hurricane Wilma. 06 -458 521 Fleet Management PURPOSE: To appropriate parts revenue for vehicle repairs. 06 -461 144 Isles of Capri Fire PURPOSE: To recognize transfer to purchase hose testing equipment. 06 -499 187 Bayshore Gateway Triangle CRA PURPOSE: To recognize private funds received to pay paving contractor. 06 -517 313 Roads CIP PURPOSE: To recognize carryforward for road project. 06 -524 408 Water /Sewer Operations PURPOSE: To appropriate reimbursement from Solid Waste for engineering services provided. Agenda Item No. 8A !November 28; 2006 Page 10 of 12 Change Fund Amount Total $3,996 $327,945 $2,285,000 $5,046,149 $365,107 $357,269 $382,945,313 $145,000 $7,357,000 $2,699 $1,078,500 $31,203 $7,261,047 $122,066 $259,357,717 $16,700 $103,241,629 Budget Amend. Fund No. No. 06 -541 473 06 -568 313 06 -571 101 06 -580 414 06 -615 381 06 -627 175 Fund Title Mandatory Trash Collection PURPOSE: To recognize additional assessment revenue to pay trash collection and disposal fees. Transportation Gas Tax PURPOSE: To appropriate developer contributions for roadway improvements. Transportation Services PURPOSE: Recognize insurance reimbursements for damages to streetlights. Sewer Capital Projects PURPOSE: To recognize School Board contribution for the Lely High School Force Main relocation project. Correctional Facilities Impact Fee PURPOSE: To recognize carry forward to pay invoices (Naples Jail and Parking Garage projects). Juvenile Assessment Center PURPOSE: To recognize additional fee revenue supporting the Juvenile Assessment Center. 06 -630 322 Pelican Bay irrigation/Landscaping PURPOSE: To recognize additional interest revenue and carryforward supporting the Uninsured Assets Fund. Agenda Item No. 8A November 28, 2006 Page 11 of 12 Change Fund Amount Total $399,500 $16,593,739 $369,500 $259,727,217 $68,528 $21,258,810 $278,000 $45,217,215 $362,263 $8,652,996 $38,300 $100,000 $302,800 51,433,357 Agenda Item No. 8A November 28, 2006 Page 12 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8A Item Summary: Recommendation to adopt a resolution approving amendments lappropnat,ng carry forward, transfers and supplemental revenue) to the Fiscal Year 2005 -06 Adopted Budget. Meeting Date: 1 1!28/2006 9:00 00 AM Approved By OMB Coordinator Administrative Services Applications Analyst Information Technology Date 11120/2006 1:09 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1112012006 1:10 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1112012006 4:16 PM Agenda Item No. 8B November 28, 2006 EXECUTIVE SUMMARY Page 1 of 7 Recommendation that the Board review and approve an Ordinance Creating the Rock Road Improvement Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed three (3) mils of Ad Valorem Taxes per year; providing for the collection of taxes; and providing for an effective date; providing for duties of the County Manager or his designee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for an effective date. OBJECTIVE: That the Board of County Commissioners approve an ordinance creating the Rock Road Improvement Municipal Service Taxing Unit (hereafter, the "MSTU "). CONSIDERATIONS: The proposed MSTU ordinance is in response to direction from the Board of County Commissioners at its September 12 -13, 2006 regular meeting for staff to prepare a mandatory road improvement Municipal Service Taxing Unit ordinance for the Rock Road area. Rock Road and the adjacent roads contiguous thereto are private roads that have fallen into disrepair, which is causing flooding and standing water during adverse weather. On September 13, 2006, due to the extreme flooding conditions in the Rock Road area, the Board declared an emergency situation existed and authorized the Transportation Division to make emergency repairs to Rock Road and the surrounding side streets so they could be traversed. In order to permanently improve and maintain the condition of the roads in the Rock Road area, the approval of the proposed MSTU ordinance is sought by staff. Attached hereto is a copy of the ordinance, which includes attached as composite Exhibit "A," the geographical boundaries of the proposed MSTU area. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Rock Road MSTU Fund and related Cost Center; (2) Mechanism to establish the budget based upon certified taxable value and applied millage rate. Based upon a projected taxable value equal to S22,346.890 the extension of taxes based upon 3 mils would raise approximately $67,000. RECOMMENDATION: That the Board approve the attached ordinance creating the Rock Road Improvement Municipal Service Taxing Unit. Further, that the Board authorize the Chairman to sign said ordinance if approved by the Board. Prepared By: Darryl Richard, Project Manager, Alternative Transportation Modes Department Attachments: (1) Ordinance; (2) MSTU Boundary Map Agenda Item No. 6B November 28, 2006 Page 2 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8B Item Summary: Recommendation that the Board review and approve an Ordinance Creating the Rock Road Improvement Municipal Service Taxing Unit: providing the autnonty; providing to, r the creation, providing a purpose and governing body, proviaing funding and the lev of not to exceed three ;3? mils of Ad Valorem Taxes per year, providing for the collection of taxes, and Providing for an effective date, providing for duties of the County Manager or his designee, providing for conflict and severability, providing for inclusion in the Collier County Code of Laws and Ordinances, and providing for an effective date Meeting Date: 11128/2006 9.00: DO AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 11/8/2006 3:5900 PM Approved By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 1119/2006 9:43 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 11/912006 4:01 PM Approved By Gloria Herrera Management /Budget Analyst Date Transportation Services Stormwater Management 11/9/2006 4:02 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11/14/2006 9:05 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 11/14/2006 11:4' AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 11/14/2006 3:45 PM Approved By Pat Lchnhard Executive Secretary Date Transportation Services Transportation Services Admin 11/15:2006 8:13 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Tsohnology 1111512006 9:48 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11115!2 0 0 C 237 PM Approved By James V. Mudd County (Manager Dave Board of Comfy Commissioners County Manager's Office 11/15/2006 7:27 PM Agenda Item No. 813 November 28, 2006 Page 3 of 7 ORDINANCE NO. 2006 - AN ORDINANCE CREATING THE ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that portion of Rock Road between Immokalee Road and Shady Lane, hereinafter referred to as "Rock Road," is currently a private roadway and not maintained by the County; and WHEREAS, the County has received inquiries from the property owners adjacent to Rock Road relating to the improvement and maintenance of this portion of Rock Road and connecting side roads; and WHEREAS, the responsibility for the maintenance of Rock Road lies with no one entity or individual, but rather falls to the individual property owners; and WHEREAS, the Board of County Commissioners has determined that the best method for funding the installation and maintenance of improvements within the area known as Rock Road is by the creation of the Rock Road Improvement Municipal Service Taxing Unit for purposes of levying taxes and funding necessary road improvements and maintenance in that area. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authorith This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200, Florida Statutes.. and other applicable provisions of Law. SECTION T*A'O. Creation of the Municipal Service Taxing Unit There is hereby created and established the Rock Road Improvement Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached composite Exhibit A" that is incorporated by reference. Page I of 4 Agenda Item No. 813 November 28, 2006 Page 4 of 7 SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of providing and maintaining roadway improvements, which may include attendant facilities, such as drainage, sidewalks and street lighting. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR Funding and Levy of Taxes For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October I to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed three (3) mils per year. SECTION FIVE. Tax Assessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Duties of the County Manager or His Designee The duties of the County Manager or his designee shall he: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To prepare and recommend to the Board of County Conunissioners an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners. SECTION SEVEN. Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other Page 2 of 4 Agenda Item No. 8B November 28, 2006 Page 5 of 7 applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT. Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE. Effective Date This Ordinance shall be 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 November, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Scott R. Teach, Assistant County Attorney IN FRANK HALAS, CHAIRMAN Page 3 of Agenda Item No. 8B November 28, 2006 Page 6 of 7 GEOGRAPHIC BOUNDARIES: The boundaries of the ROCK ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida, and specifically described as: The Northeast 1/4 of Section 32; The Northeast 1/4 of the Northwest 1/4 of Section 32; The North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 32; The Southeast 1/4 of the Southeast 1/4 of Northwest 1/4 of Section 32; The Southeast 1/4 of Section 29; The Southwest 114 of the Northeast 1.4 of Section 29; The Southeast 1/4 of the Northeast 1/4 of Section 29; The South 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 29; The West 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 114 of Section 29; .. The West 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; East 100 feet of West 660 feet of the North 1/2 of the Northwest 1/4 of the Northeast 1;4 of Section 29; East 160 feet of the Northeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; The East 1/2 of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of Section 29; all in Township 48 South, Range 27 East. Exhibit "A" Page 4 of ROCK ROAD MSTU BOUNDARY MAP 1 - - -- -- - -- - -_ _- -- - -- - ---- �__ - --_ -= - - - -- _ LMMOKALE ' _ -, NO N ' -- I CYPRE S _ - - _ DEER - - - -, v: -u - -r -- ROCK ROAD MSTU BOUNDARY _ - -- _ - DEER RUN L -- -- -- - - Ti - - ERI 1 S I h i I I , I ROCK ROAD MSTU BOUNDARY MAP 1 - - -- -- - -- - -_ _- -- - -- - ---- �__ - --_ -= - - - -- Agenda Item No. 8C EXECUTIVE SUMMARY November Page81' of 25 Recommendation that the Board review and approve an Ordinance Creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed three (3) mils of Ad Valorem Taxes per year; providing for the collection of taxes; providing for creation of the Haldeman Creek Maintenance Dredging Advisory Committee, appointment and composition; providing for the terms of office of the Advisory Committee; providing for the officers of the Advisory Committee, quorum and rules of the procedure; providing for functions, powers and duties of the Advisory Committee; providing for the duties of the County Manager or his designee; providing for the review process of the Advisory Committee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for an effective date OBJECTIVE: That the Board of County Commissioners approve an ordinance creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit (hereafter, the "MSTU "). CONSIDERATIONS: The proposed MSTU ordinance is for creation of Haldeman Creek MSTU for the purpose of providing maintenance dredging within the MSTU as determined by the Advisory Committee and approved by the Board of County Commissioners. The maintenance tasks shall include but not be limited to: maintenance dredging and maintenance of navigational channel markers. At the May 9, 2006, regular meeting of the Board of County Commissioners, it approved Agenda Item 101-1, which is a contract in the amount of $1,975,530.87 awarded to Energy Resources, Inc. and allocated $197,553.09 (10% of the construction cost) for contingency purposes to dredge Haldeman Creek per Bid Contract Number 06 -3960, Project Number 510111. Also on May 9, 2006, the Board of County Commissioners approved change order to Contract Number 01 -3216 Haldeman Creek Restoration Project (Agenda Item l OH) with Woods Hole Group, Inc. in the amount of $264,074. Currently Contract No. 06 -3960, project 510111 is under construction and is approximately 50% completed. Upon completion of project 510111, the proposed Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit would be responsible for continued maintenance as per the ordinance. Attached hereto is a copy of the ordinance, which includes attached as composite Exhibit "A," the geographical boundaries of the proposed MSTU area. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Haldeman Creek Maintenance Dredging MSTU Fund and related Cost Center; (2) Mechanism to establish the budget based upon certified taxable value and applied millage rate. Based upon a projected taxable value equal to $90,901,370 the extension of taxes based upon 3 mils would raise approximately $272,704 RECOMMENDATION: That the Board approve the attached ordinance creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit. Further, that the Board authorize the Chairman to sign said ordinance if approved by the Board. Prepared By: Darryl Richard, Project Manager, Transportation Divisions, ATM Attachments: (1) Ordinance; (2) MSTU Boundary Map Agenda Item No, SC November 28, 2006 Page 2 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: gC Item Summary: Recommendation that the Board review and approve an Ordinance Creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit, providing the authority: providing for the creation, providing a purpose and governing body, providing funding and the levy of not to exceed three 13) mils of Ad Valorem Taxes per year, providing for the cotechon of taxes. Providing for creation of the Haldeman Creek Maintenance Dredging Advisory Committee. Appointment and composition, Providing for the terms Of Office of the Advisory Committee for the officers of the Advisory Committee, quorum and rules of the procedure, Providing for functions, powers and duties of the Advisory Committee, Providing for the duties of the County Manager or his designee, Providing for the review process of the Advisory Committee: Providing for confi;ct and severadility, Providing for inclusion in the Collier County Code of Laws and Ordinances; Providing for an effective date. Meeting Date: 1128/2706 9 00.00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 111912006 10:21:37 AM Approved By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 11/912006 10:23 AM Approved By Eugene Calvert Principal Project Manager Date Transportations Services Transportation Engineering and Construction Management 111912006 1:04 PM Approved By Margaret A, Bishop Project Manager Date .�. Transportation Services Stormwater Management 111912006 1:36 PM Approved By Diane B. Flagg Director ATM Director Date Transportaton Services Alternative Transportation Modes 1119/2006 4:08 PM Approved By Norm E. Feder_ AI%P Trar'sportation Division Administrator Date 'transportation Saivices Transportation Services Admin. 11! 14 ;2001: 916 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 11 75 ?200u 3;19 PNI Approved By Scot: R. Teach Assistant County Attcrnoy date County Attorney County Attornev Office 11115;2006 3:39 PM .Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1 111 612006 3:47 PM Approved By OMB Coordinator Applications Analyst. Dat¢ Anministrative Services Information Tecil,,.clogy 11'1612Q05 10:51 :: M Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 1111612046 11:01 AM Approved By James V. Mudd County Manager Dote Board of County Commissioners County Manager's Office 1 1/1612006 2 '4$ PM Agenda item No. SC November 28, 2006 Page 3 of 25 ORDINANCE NO. 2006- AN ORDINANCE CREATING THE HALDEMAN CREEK MAINTENANCE DREDGING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED 3 MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR CREATION OF THE HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY COMMITTEE, APPOINTMENT AND COMPOSITION; PROVIDING FOR TERMS OF OFFICE OF THE ADVISORY COMMITTEE; PROVIDING FOR THE OFFICERS OF THE ADVISORY COMMITTEE, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR FUNCTIONS, POWERS AND DUTIES OF THE ADVISORY COMMITTEE; PROVIDING FOR THE DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS OF THE ADVISORY COMMITTEE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 9, 2006, the Board of County Commissioners was informed that upon the completion of the Haldeman Creek Dredging project that an involuntary Municipal Service Taxing Unit would be formed with an initial millage to be established not to exceed 3 mils to address any future dredging needs; and WHEREAS, the Board of County Commissioners, has detennined that the creation of a municipal service taxing unit is the best method for implementing and funding future dredging requirements of the public waterway areas located therein. NOW, THEREFORE, BE IT RESOLN'ED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125.01 and Chapter 200, Florida Statutes, and other applicable law. SECTION TWO Creation of the Municipal Service Taxing Unit. There is hereby created and established the Haldeman Creek Dredging Municipal Service Taxing Unit, hereinafter referred to as "MSTU." The boundaries of the MSTU are as follows: See attached Exhibit ".A" which is incorporated herein by reference. SECTION THREE. Purpose and Governing Body. The MSTU is created for the purpose of providing maintenance dredging within the NISTU as determined by the Advisory Committee. The Maintenance Tasks shall include but not be limited to: A. Maintenance Dredging; B. Maintenance of navigational channel markers; Agenda Item No. 8C November 28, 2006 Page 4 of 25 The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Funding and Levy of Taxes. For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the business of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. At the time and place for fixing the annual rate of taxation for County purposes, the Board shall fix and cause to be levied on all properties within the MSTU subject to taxation a millage rate not to exceed 3 mils per year. SECTION FIVE. Tax Assessment and Collection. Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Creation of the Haldeman Creek Dredging Maintenance Advisory Committee, Appointment and Composition. A. There is hereby created and established the Haldeman Creek Dredging Maintenance Advisory Committee, hereinafter referred to the "Committee." B. The Committee shall consist of five (5) members which generally represent the area within the MSTU. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and /or the communities within the MSTU. C. Appointment of the members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. D. Members of the Committee shall serve without compensation but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Terms of Office of the Advisory Committee. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (l) Member shall be appointed for a tern of four (4) years. Agenda Item No. 8C November 28, 2006 Page 5 of 25 Thereafter each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION EIGHT. Officers of the Advisory Committee, Quorum And Rules of Procedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among its members. Officer's terms shall be for one (1) year, with eligibility for re- election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of the meetings, resolutions, reports and exhibits, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. D. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Ordinance No. 2001 -55, as it may be amended, or by its successor ordinance. SECTION NINE. Functions, Powers and Duties of the Advisory Committee. The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in Carrying out the MSTU as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. In carrying; out this responsibility, the Committee shall, no later than .April I" of each year, meet with the County Manager or his designee and outline to the County Manager or his designee those projects which the committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Manager or his designee shall prepare a proposed budget for the MSTU, in accordance with standard County guidelines regarding preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Manager or his designee to the Board of County Commissioners for adoption in accordance with procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve the budget by June 1st of each year, the County Manager or his designee shall be Agenda Item No. 8C November 28, 2006 Page 6 of 25 authorized to submit a proposed budget to the Board of County Commissioners, C. The Committee shall recommend work programs and priorities to the County Manager or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Manager or his designee. Said work may be preformed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the MSTU, subject to approval by the Board of County Commissioners. SECTION TEN. Duties of the County Manager or his Designee. The duties of the County Manager or his designee shall be: A. To administer the activities of the MSTU in accordance with established policies of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Nine, Paragraph B. above. C. To provide periodic written reports to the Committee, and the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners and /or the Committee. D. Attend all Committee meetings. SECTION ELEVEN. Review Process. This Advisory Committee shall be reviewed once ever four (4) years commencing 2006, in accordance with the procedures contained in Collier County Ordinance No. 2001 -55, as it may be amended, or its successor Ordinances. SECTION TWELVE. Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. if any court of competent jurisdiction holds any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Agenda Item No. 8C November 28, 2006 Page 7 of 25 SECTION THIRTEEN. Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article ", or any other appropriate word. SECTION FOURTEEN. Effective Date. This Ordinance shall take effect upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28th day of November, 2406. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney Agenda Item No. 8C November 28, 2006 Page 8 of 25 Exhibit `A" The Haldeman Creek Dredging, Municipal Service Taxing Unit LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTIONS 11,12,13 & 14, TOWNSHIP 50S, RANGE 25E, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT, BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 118 OF THE NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No.2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.89 °22'57 "E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT B. COURTHOUSE SHADOWS AS RECORDED IN PLAT BOOK 29, PAGE 41 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG THE SAID PLATLINES FOR THE NEXT (8) CALLS, (1) THENCE N.00 °23'57 "E. FOR 11,05 FEET; (2) THENCE N.51 °36'02 "E. FOR 309.05 FEET; (3) THENCE N.64 °13'11 "E. FOR 80.05 FEET; (4) THENCE S.51 °36'02 "W. FOR 5.00 FEET; (5) THENCE S.38 °23'58 "E. FOR 404.47 FEET; (6) THENCE N.51 °36'02 "E. FOR 98.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF U.S. 41, (7) THENCE ALONG SAID RIGHT -OF -WAY, S.38 °23'58 "E. FOR 128.47 FEET; TO A POINT LYING ON THE NORTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (8) THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23'36 "E. FOR 190.55 FEET; TO A POINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED IN DEED BOOK 28, PAGE 193 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY OF U.S. 41, S.38 °23'36 "E. FOR 59.24 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.50 °49'31 "W. FOR 131.60 FEET; THENCE N.89 °35'01 "W. FOR 353.34 FEET; THENCE S.00 °00'20 "E. FOR 60.00 FEET; THENCE N.89 °41'20 "W. FOR 420.00 FEET; THENCE N.87 °26'59 "W. FOR 22.00 FEET; THENCE N.89 °56'20 "W. FOR 135.00 FEET; TO A POINT ON THE EAST RIGHT -OF- WAY OF DOMINION DRIVE, THENCE N.00 °03'40 "E. FOR 128.12 FEET; THENCE S.89 °36'10 "W, FOR 59.99 FEET; TO A POINT ON THE WEST RIGHT -OF- WAY OF DOMINION DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 °03'40 "W. FOR 474.69 FEET; THENCE S.89 °52'50 "W. FOR 294.56 FEET; ALONG THE NORTH RIGHT -OF -WAY OF ARECA AVE. AS DESCRIBED IN SUBDIVISION OF BLOCK F, SABAL SHORES AS RECORDED IN PLAT BOOK 4, PAGE 40 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID RIGHT -OF -WAY S.89 °52'50 "W. FOR 350.00 FEET; THENCE N.00 °00'00 "E. FOR 351.01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41.90 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROUGH A CENTRAL ANGLE OF 60 °16'34" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 °55'35 "E. FOR 40.00 FEET, TO; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 40.17 FEET, THROUGH A CENTRAL ANGLE OF 60 °01'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 °55'35 "E. FOR 40.18 FEET, TO; THENCE S.89 °52'50 "W. FOR 100.00 FEET; THENCE S.00 °00'00"E. FOR 89.89 FEET; THENCE 5.89 °51'30 "W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT - OF -WAY OF BAYSHORE DRIVE, Agenda Item No. 8C November 28, 2006 Page 9 of 25 THENCE CONTINUE S.89 °51'30 "W. FOR 100.00 FEET; TO A POINT ON THE WESTERLY RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, S.00 °00'00 "E. FOR 469.63 FEET; TO A POINT OF CURVATURE; THENCE LEAVING SAID RIGHT -OF -WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 89 °50'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.44'55'1 3"W. FOR 35.31 FEET, TO A POINT ON THE NORTH RIGHT -OF -WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.; THENCE S.89 °50'27 "W. FOR 1,215.98 FEET; THENCE S.55 °35'14 "W. FOR 60.57 FEET; THENCE S.89 °35'14 "W. FOR 325.71 FEET; TO A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF W INDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12 -15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINUING ALONG SAID PLATLINE FOR THE NEXT (3) CALLS; (1) THENCE N.00 °13'07 "W. FOR 132.86 FEET; (2) THENCE S.89 °35'11 "E. FOR 30.47 FEET; (3) THENCE N.00 °13'07 "W. FOR 1,335.47 FEET; THENCE LEAVING SAID PLATLINE, S.82 °00'10 "W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN OR BOOK 2754, PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOR THE NEXT (42) CALLS, (1) THENCE S.76-41'21 "W. FOR 164.00 FEET; (2) THENCE S.22°49'49 "W. FOR 61.06 FEET; (3) THENCE S.50-27 '04"W. FOR 101.55 FEET; (4) THENCE S.58 °51'50 "W. FOR 56.28 FEET; (5) THENCE N.84 °40'34 "W. FOR 72.34 FEET; (6) THENCE S.76 °07'47 "W. FOR 113.00 FEET; (7) THENCE S.54 °05'36 "W. FOR 90.85 FEET; (8) THENCE S.25 °09'38 "W. FOR 25.65 FEET; (9) THENCE S.17 °03'56 "W. FOR 23.41 FEET; (10) THENCE S.11 °01'23 "E. FOR 55.54 FEET; (11) THENCE S.04 °20'38 "W. FOR 94.75 FEET; (12) THENCE S.32 °14'25 "W. FOR 159.05 FEET; (13) THENCE S.07 °3814 "E. FOR 34.43 FEET; (14) THENCE S.35 °32'27 "E. FOR 94.54 FEET; (15) THENCE S.03 °16'57 "W. FOR 292.24 FEET; (16) THENCE S.42 °37'09 "W. FOR 111.02 FEET; (17) THENCE S.20 °33'59 "W. FOR 99.26 FEET; (18) THENCE S.21 °22'23 "W. FOR 71.83 FEET; (19) THENCE S.52 °12'31 "W. FOR 408.66 FEET; (20) THENCE S.62 °28'18 "W. FOR 230.33 FEET; (21) THENCE S.30 °40'44 "W. FOR 192.53 FEET; (22) THENCE S.17 °19'34 "1N. FOR 219.43 FEET; (23) THENCE S.44 °20'44 "W. FOR 94.89 FEET; (24) THENCE S.58 °45'28 "W. FOR 215.33 FEET; (25) THENCE S.05 °21'48 "W. FOR 42.63 FEET; (26) THENCE S.06 °59'10 "W. FOR 376.44 FEET; (27) THENCE S.52 °38'49 "W. FOR 245.54 FEET; (28) THENCE S.87 °24'12 "W. FOR 105.57 FEET; (29) THENCE S.50 °11'00 "W. FOR 11.53 FEET; (30) THENCE S.1 1-39'26"E. FOR 79.74 FEET; (31) THENCE N.67 °33'55 "E. FOR 13.98 FEET; (32) THENCE S.21 °04'35 "E. FOR 104.77 FEET; (33) THENCE S.70 °16'20 "E. FOR 48.32 FEET; (34) THENCE N.79 °53'45 "E. FOR 98.25 FEET; (35) THENCE N.59 °11'08 "E. FOR 124.42 FEET; (36) THENCE S.59 °51'49 "E. FOR 22.11 FEET; (37) THENCE S.06 °34'37 "W. FOR 208.89 FEET; (38) THENCE S.61 °36'29 "W. FOR 112.07 FEET; (39) THENCE S.89 °30'13 "W. FOR 119.20 FEET; (40) THENCE S.51 °13'33 "W. FOR 86.86 FEET; (41) THENCE S.35 °33'53 "W. FOR 84.64 FEET; (42) THENCE S.43 °47'56 "W. FOR 135.55 FEET; TO A POINT ON THE WEST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, ALSO BEIN THE WEST LINE OF TRACT B OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT Agenda Item No. 8C November 28, 2006 Page 10 of 25 W BOOK 14, PAGES 12 -15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 °12'53 "W. FOR 203.32 FEET; THENCE N.00 °09'12'W. FOR 643.41 FEET; THENCE CONTINUE N.00 °09'12 "W. FOR 1,391.07 FEET; THENCE LEAVING SAID SECTION LINE AND WESTERLY LINE OF SAID TRACT B, N.14 °45'47 "E. FOR 199.17 FEET; THENCE N.00 °06'21 "E. FOR 427.72 FEET; TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN OR BOOK 3001, PAGE 2697 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.00 °43'42 "W. FOR 1,295.38 FEET; TO A POINT ON THE SOUTH RIGHT - OF -WAY OF MARLIN DRIVE, THENCE ALONG SAID RIGHT -OF -WAY, N.89 °31'33 "E. FOR 1,305.55 FEET; TO A POINT ON THE EAST RIGHT -OF -WAY OF PALM STREET THE POINT ALSO BEING ON THE WEST LINE OF NAPLES LAND YACHT HARBOR, A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE ALONG SAID WEST BOUNDARY LINE, N.00 °38'25 "W. FOR 1,374.49 FEET; TO THE NORTHWEST CORNER OF SAID NAPLES LAND YACHT HARBOR, THENCE ALONG SAID NORTH BOUNDARY LINE, N.89 °33'52 "E. FOR 1,247.66 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR. THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR, S.00 °33'08 "E. FOR 616.83 FEET; THENCE S.89 °32'43 "W. FOR 623.36 FEET; THENCE S.00 °35'47 "E. FOR 166.00 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR, N.89 °32'43 "E. FOR 150.81 FEET; THENCE S.00 °35'07 "E. FOR 100.00 FEET; THENCE N.89 °19'24 "E. FOR 159.27 FEET; TO THE WEST RIGHT -OF -WAY LINE OF ARBUTUS DRIVE, THENCE S.00 °35'47 "E. FOR 992.99 FEET; THENCE S.77 °52'26 "W. FOR 255.21 FEET; THENCE N.00 °35'47 "W. FOR 994.00 FEET; THENCE S.89'24'1 3"W. FOR 20.00 FEET; THENCE N.00 °35'47 "W. FOR 50.05 FEET; THENCE S.89 °32'41 "W. FOR 40.00 FEET; TO A POINT ON THE EAST LINE OF NAPLES LAND YACHT HARBOR A PARCEL OF LAND DESCRIBED IN OR BOOK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE S.00 °35'47 "E. FOR 1,086.59 FEET; THENCE N.77 °52'26 "E. FOR 684.32 FEET; THENCE N.00 °00'42 "E. FOR 131.01 FEET; TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEMERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A POINT ALSO BEING ON THE SOUTH RIGHT -OF -WAY LINE OF BECCA AVENUE, THENCE S.89 °59'03 "E. FOR 297.97 FEET; ALONG SAID RIGHT -OF -WAY LINE, THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °06'52 "E. FOR 252.07 FEET; THENCE N.89 °53'08 "E. FOR 60.00 FEET; THENCE N.00 °06'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF- WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 °59'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °06'52 "E. FOR 252.07 FEET; THENCE N.89 °53'08 "E. FOR 60.00 FEET; THENCE N.00 °06'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF- WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 °59'03 "E. FOR 270.00 FEET; THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °06'52 "E. FOR 252.07 FEET; THENCE N.89 °53'08 "E. FOR 60.00 FEET; THENCE N.00 °06'52 "W. FOR 251.93 FEET; TO A POINT ON THE SOUTH RIGHT -OF- WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT -OF -WAY, S.89 °59'03 "E. FOR 270.00 FEET; TO A POINT ALSO ON THE WEST RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE S.37 °24'59 "E. FOR 165.01 FEET; TO A POINT ON THE EAST RIGHT -OF- WAY OF BAYSHORE DRIVE. ALSO BEING THE NORTHWEST CORNER OF LOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No. 2, AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THENCE N.89 °53'08 "E. FOR 193.85 FEET; TO A POINT ON THE WEST LINE OF A PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC Agenda Item No. 8C November 28. 2006 Page 11 of 25 RECORDS OF COLLIER COUNTY, FLORIDA. AND WILL CONTINUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, (1) THENCE N.00 °06'52'W. FOR 799.75 FEET; (2) THENCE N.89 °57'01 "E. FOR 44.86 FEET; (3) THENCE N.00 °0620 "W. FOR 10.38 FEET; (4) THENCE S.64 °07'22 "E. FOR 45.88 FEET; (5) THENCE N.38 °09'22 "E. FOR 205.26 FEET; TO THE WESTERLY RIGHT -OF- WAY OF U.S.41, (6) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'39 "E. FOR 115.49 FEET; (7) THENCE LEAVING SAID RIGHT -OF -WAY, S.38 °09'32 "W. FOR 190.01 FEET; (8) THENCE S.51 °50'42 "E. FOR 89.71 FEET; (9) THENCE S.00 °53'09 "E. FOR 220.16 FEET; (10) THENCE N.88 °53'51 "E. FOR 147.79 FEET; (11) THENCE N.01 °06'06 "W. FOR 100.00 FEET; (12) THENCE S.51 °50'11 "E. FOR 10.78 FEET; (13) THENCE N.01 °06'09 "W. FOR 245.43 FEET; TO THE WESTERLY RIGHT - OF -WAY OF U.S.41, (14) THENCE ALONG SAID RIGHT -OF -WAY, S.51 °50'34 "E. FOR 15.05 FEET; (15) THENCE LEAVING SAID RIGHT -OF -WAY, S.00 °42'52 "E. FOR 653.02 FEET; (16) THENCE S.89-58'1 7"W. FOR 4.98 FEET; (17) THENCE S.00 °42'52 "E. FOR 291.22 FEET; (18) THENCE N.89 °55'57 "W. FOR 9.98 FEET; (19) THENCE S.00 °42'55 "E. FOR 672.72 FEET; THENCE N.89 °49'00 "E. FOR 145.13 FEET; THENCE S.00 °19'20 "E. FOR 30.00 FEET; THENCE N.89 °49'00 "E. FOR 450.63 FEET; THENCE N.00 °19'20 "W. FOR 30.00 FEET; THENCE N.89 °49'00 "E. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 11,678,801 SQUARE FEET OR 268.1 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE CENTERLINE OF GULFVIEW DRIVE, WHICH LIES IN THE GULF SHORES SUBDIVISION, PLAT BOOK 4, PAGE 50 AS BEEING EAST. Agenda Item No. 8C November 28, 2006 COLLIER COUNTY , I . 1 GUVE9MENT CENTER SAND El? BAY CLUB - PROJ °C7 LII1, r5 HALDEMAN CREEK CANAL - Lq O r / f I ! •___J�! —� ` HALDEMAN CREEK CANAL Abe 10. 2056 - f547,2r 7 \I006', 060178.70 pG Heideman C11- R— f— .1"- ''',OOa"2 L-q i 1HW! d +q R.Y.A., INC. STATE OF FLORIDA BUSINESS CERTIFICATE N0. ED- 0001553 'ATE- CLIENT: INC NOV. 2006 - -V_ � A /A Planning Visualization 'ONSULTING Civil Engince ring AL V F 91 X Surveying & mopping 6610 Mow Park Dnve, Suite 200 Na ales Flcrida 34109 Phone: (239),15.97-0575 -- FAX: (239) 597-0576 COLLIER COUNTY Z)FWNN ,R TIT'-: HALDEMAN CREEK " "K`Rc ;� M STU AREA SEC: TP: HcE- PROJECT .1 FiLE 1— 1'a 505 25C NUMBER. O6O 78.00 I NL BER: 1 OF 1 q 111BER: 601781-01 ED - - ; SKETCH AND LEGAL DESCRIPTION ' %7 L_ ; -- ------ ! `. i ..-'. ., ::::. ' .- THIS IS NOT A SURVEY _. - -- __... _ NAPLES - LAND YAC1-IT HARBOR f T COLLIER COUNTY , I . 1 GUVE9MENT CENTER SAND El? BAY CLUB - PROJ °C7 LII1, r5 HALDEMAN CREEK CANAL - Lq O r / f I ! •___J�! —� ` HALDEMAN CREEK CANAL Abe 10. 2056 - f547,2r 7 \I006', 060178.70 pG Heideman C11- R— f— .1"- ''',OOa"2 L-q i 1HW! d +q R.Y.A., INC. STATE OF FLORIDA BUSINESS CERTIFICATE N0. ED- 0001553 'ATE- CLIENT: INC NOV. 2006 - -V_ � A /A Planning Visualization 'ONSULTING Civil Engince ring AL V F 91 X Surveying & mopping 6610 Mow Park Dnve, Suite 200 Na ales Flcrida 34109 Phone: (239),15.97-0575 -- FAX: (239) 597-0576 COLLIER COUNTY Z)FWNN ,R TIT'-: HALDEMAN CREEK " "K`Rc ;� M STU AREA SEC: TP: HcE- PROJECT .1 FiLE 1— 1'a 505 25C NUMBER. O6O 78.00 I NL BER: 1 OF 1 q 111BER: 601781-01 Agenda Item No. 8C November 28, 2006 SKETCH AND LEGAL DESCRIPTION HIS 13 NOT A SURVEY .5:48.44 0. \2OG6 \G6G 176 OC 00 H"r— Creek Ree""Or. WG2 lc9o� CYSUirlinr.s \OoG!78LD7 d +g R.YJA., INC. ST.4'E 0= FLORIDA 9'_ISIC4=SS Cc_�-ir "I:J'.TE h0. .B- ^007003 cA-e C_I =N': 'Visualization Nov. oo� Pi sc- DXXTA�c. Visuatizahon �' � S CONSUL I IN G Civil Engineerng ORAwY Ely TT I F _ ��nTr} 8810 Wil'ow Park Orlve. Suile 2C0 oIECAECI 9., RC(' Naple= Florida 34109 Phone, (239) 597-0.575 _I_„ ra?_ RcE PF.O.ECT FAX: (239) 597 9578 — 1 4 E 0 ?5- NUMRFR COLLIER COUNTY HALDEMAN CREEK G p MSTU AREA 0`0178..00 NHMBFR. 2 1 MMRF : 60178L02 Agenda Item No. 8C November 28, 2006 Page I A of 25 MATS HLINE SEE SHEET SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY L4 p L134 COURTHOUS- SHADOWS U POINT OF BEGINNING EGINNING L4 L138- < HALDEMAN CREEK CANAL L,J N, L24 7 L12 (, Ld L,-j L16 L'I 5 L 1 4 LINE TABLE LINE TABLE LINE LE1401 -i HEARING LINE LENGTH BEARING J 333.43 S89'22'57"E 2 J5 �r 1-18 59.99 $8836'10 "W L2 ii.CS �'4 0 O� 2 3� NOO'23'57" E � L �19 474. I $8852'50 "W 40.00 05 1 N51'36'02"E L20 354.56 42.08 80.05 N54'1 3'11 " E _S51-36-0 -22 290.DC S!3 9 ' - '51 '2"'W L5 5.00 23 - 351.01 ;-6 24 100.00 589'52'50"'N_ L7 1 98 3102"E I L25 89.89 S00*00100r,w 128.47 S39'23 58* E L26 700.CU S89'51'30"W L9 190.55 S38-23'66"E I L133 SDD'42"2'E L10 �5 24 N89'55 '57'W w L135 672.72 SC742'55' E Li ---] 353.34 N89-351, 1"W L136 145.13 GO , DO SO0'00'20'E L137 30,:10 500'19'20 "E L14 420.00 N89'4 1'20" W L138 4 5 0, fi,".i 5 22.00 1\18726'5�97W I L139 30.00 NOU1 9'20" W L L6 1 135.00 7' . 13 �17128 12 N00'03'40"E I N— 10, 2006 - 11.:3016 0:\2006\ 0601:900 �o .400d0— Cmlk 0OG2 "­1 050 7 78,1e� P.W.A., INC. STATE OF FLORIDA BUS114ESS CERTIFICATE No. M-0007663 I -- CLIENT: TI�[ThINC NOV 2056 Planning Visualization CONSULTING Civil Engineering AL %. T V.L JL surveying & Mppmg 5610 WfIlow Park Drive, Sune 200 Napes, Ffonda 341 C9 11%,:: k23911597 0575 FAX: (239) 597-0578 SCALE N-, S COLLIER COUNTY DRAWN SY. TITLE: C- RY HALDEMAN CREEK CHECKECI V RGC MSTU AREA Ss , PROJECT NUMBER- 25E , NUMBER: 060178,00 NUMBE-, ER- 3 of FiL 14 1 ....ass: 60178L03 FVE CUFVE TABLE CURVE � RADJUS DELTA L N -6 1 H -,' CD CD Cl 39.83 W0- N29'55'35'E 40.00 C2 42.08 0 18 40.18 .5""27" 9 3 2 0 -N2�,�1-5"E S44'.55'1- '5.31 N— 10, 2006 - 11.:3016 0:\2006\ 0601:900 �o .400d0— Cmlk 0OG2 "­1 050 7 78,1e� P.W.A., INC. STATE OF FLORIDA BUS114ESS CERTIFICATE No. M-0007663 I -- CLIENT: TI�[ThINC NOV 2056 Planning Visualization CONSULTING Civil Engineering AL %. T V.L JL surveying & Mppmg 5610 WfIlow Park Drive, Sune 200 Napes, Ffonda 341 C9 11%,:: k23911597 0575 FAX: (239) 597-0578 SCALE N-, S COLLIER COUNTY DRAWN SY. TITLE: C- RY HALDEMAN CREEK CHECKECI V RGC MSTU AREA Ss , PROJECT NUMBER- 25E , NUMBER: 060178,00 NUMBE-, ER- 3 of FiL 14 1 ....ass: 60178L03 i Agenda item No. 8C November 28, 2006 Page 15 of 25 i � \ SKETCH AND LEGAL DESCRIPTIONS by \ T"IS '.S NOT A SURVEY DRA 11 -- CURV! TABLE _ J4 E RA.DIU� DcLTA LENGTH C. CD a 39 2G 1 4 ',5'1 3 W 5.31 E TABLE IEvv DR i M ` .00 S89'51'10 -w Z 589.51130 "w.63 / WLENGTHBEARINC L27 = 07.�G'QO °£__ _ SE9'S0'27" ti _ L26 �U__ T-w .57 1D« S55'35'14 °YY { E 5.71 SE9'35't4 °W _ Visualization CONSULTING TI CiiuVA& -ing r•Tc P -T": r-,rrli rJALUEIVIAN Cl�ttk� VA. 1 c S fkl p- MSTU AREA se10 wiliow Park Drve, Suite 200 Naples.= lcr:da34109 597 -0575 R � C _—.: SEC: TP °, F E' PP' `E, 1 SrEI_f 4, q f �- n ^7 O 1 I NUb'.[3LR. '01 / 8LO4 Prone: 1239) FAX i239) 597 -0573 - NUS -ER > LO PIVr J -- - - 7 (D D I2� G i —.,. JW J� -- M — L31 I { -- CURV! TABLE _ J4 E RA.DIU� DcLTA LENGTH C. CD a 39 2G 1 4 ',5'1 3 W 5.31 E TABLE GTH BEARIN Vov K' 2'JOF — ItiIfi:01 C:', 9:NJa ", J80178 GG_CC Hu�Jamvn Cr ^ei ReSto•o7an \GGi? .00 S89'51'10 -w .00 589.51130 "w.63 WLENGTHBEARINC rN� = 07.�G'QO °£__ _ SE9'S0'27" ti _ .98 COLLIER .57 1D« S55'35'14 °YY { E 5.71 SE9'35't4 °W _ ,.1.D., -9 Vov K' 2'JOF — ItiIfi:01 C:', 9:NJa ", J80178 GG_CC Hu�Jamvn Cr ^ei ReSto•o7an \GGi? -c. L�ecn� tons \GfiCI;'n.C�tl�O R.W..4• Ikel. ST.ATC Or rLORI,�A BJ?iNESS DERTIECATE Q. EB- CCC76G^3 rN� �.7 ! 'D06 �i -�; RT. COLLIER COUNTY 1D« Pl�b In { E Visualization CONSULTING TI CiiuVA& -ing r•Tc P -T": r-,rrli rJALUEIVIAN Cl�ttk� VA. 1 c S fkl p- MSTU AREA se10 wiliow Park Drve, Suite 200 Naples.= lcr:da34109 597 -0575 R � C _—.: SEC: TP °, F E' PP' `E, 1 SrEI_f 4, q f �- n ^7 O 1 I NUb'.[3LR. '01 / 8LO4 Prone: 1239) FAX i239) 597 -0573 - NUS -ER 060178..00 I NUki3 Or SANDPIPER BAY CLUB Agenda Item No. 8C November 28, 2006 Page 16 of 25 fl II II .- SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY VS W Z� JW S � U E,j <' W co rA MATCHLINE SEE SHEET 5 1 Nnv o8. 1Wti – 15.2I:SC 9: \2006 \060f78.00on holarmnr. Cceak Resla-o,- 0001 legal Oeac.iol+om \060175LD5.evy R.W.A., iNv. STA7E OF P_OPIDP, BUSINESS CERTIFICATE N0, EB- 0007663 CLIENT: . 2005 A����INC. Pjg COLLIER COUNTY V4sualtzation ,ONSULTING C>vii Fatginecr: r S STUVeying &RY -IT_E: TD HALDEMAN CREEK 6n1D tal�I� ?ark lda 3 $!rite 2DD Napier, =lorida 34, D9 BY: GC M S { U AREA Phone: (239) 597 -05T5 F.4X: (239) 597 -0578 r+v: ace: PP,OJECT DS 25E NUti ?DER: a60 7800 ;NUMOER. FILE I NUMBER— %BLOJ ,14 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY MATCHLNE S =E SHEET 7 w J I Q z 11 0 U LINE L�NGIti 3.98 157 219.43 1 c17.19'34 -Vr' - 94.89 S44'20'44-W 48.32 5.33 S58'45'28 "W 98.25 .63 S05'21't8 "V! Z3' 5.44 57)6'50'10 "V! 22.11 5.54 552'3849 "VJ 208.89 5.57 587'24' 12" W L64 1 1'.53 557)'11'00 "V! L66 3.98 N6 ?'33'55 °E L67 1 104.77 S21'OW35 "E L68 48.32 57015'20 "E L59 i 98.25 N:79'S3'4S "E L70 1 124.42 \59"1 "08"E I L71 22.11 _ Sh9'b '49 "E i L72 208.89 SOti 34'37" W _. L73 112.07 S51'36'25''p_ _74 110.20 S59'39T13,.'u L75 66.86 S51'13'33 "w' L75 84,64 S--_5'33'S3'W —, Li? 135.55 543'47'56' `N L78 203.32 Nn71�'SS "5V I 7c na3.41 N:�7C3'. t•kV c N--C 1 9' W Agenda Item No. 8C November 28, 2006 Nor i0. 2006 — !6.22:42 6.\2006 \06MTe. f.0 60 :f�ilem x. Crc k G.s!oiu!�<n1000� Legal Ues- ri�iier� \OE0i T!3k06.awg RW.A„ INC. SWE OF FLORIDA BL'S "dCSS CEMVFVATE M0. EB 00076 §3 INC N0' -20D6 CLIENT. COLD ER COUNTY 1 Planning � [A s °�- Visualization CONSULTING Ci�,7Bngineeiing S IS T1T'_ HA DE CREEK —N o''a' "� e' A _. ' Tom. & surveying dz U g _ RY - �•...�::i(�D 5T: M STU AREA 6610 Vfil:ox Park Drive, suite ?w Naples,Flcrcla34109 -- 4.._: -RD a q I 60178L06 Pwrie:V39)5970575 FW {239) 597 -0578 E . T'6P: 1 _ Si:, 25E NUldFar P.: 06Q178 Q0 %BER c tilUt ?BER. Agenda Item No. 8C November 23, 2006 Page 18 of 25 ;SKETCH AND LEGAL DES C RIPTION THIS IS NOT A SURVEY MATCHLINE SEE SHEET 8 ;0 MA SEE Nov 07 W06 - 17-M.Y9 HIVe— Greek R—­j;­\0W2 L,? R.W.A., INC. STATE OF FLORIDA BUSINESS CCRTIrICA-C NO. C13—Y)O71663 rqc Planning DIVA Visiuta]Iization CONSULTING Civil Engineering AL %, T T.L JL Surveying & Nlqpig 6 &.0 W91ow Park Drive, Suite 200 Naples, Floada 34109 P .1 : (M; 597-0575 FAX: (239) 597-0578 r --E SHEET 5 E CLIENT: NOV. 20,')5 L­ N ' 2 CLIENT: SCALE NTS COLLIER COUNTY DRAWN BY. y TITLE: 19AIL DEIMA ' ; r Ry HALDEMAN CRLELEK 0-ECKED BY. MS TU MSTU AREA _c 00 s.'cT 5-: TWP: RCE� PROJECT E3 178 t'u'jeE' 7 601781-07 NUMBER: 060 F1 LE 1- 14 n5GS 2,5E NUM , 14 1 Agenda Item No. 8C November 28, 2006 Paae 19 of 25 r- m cy p1AT�HL'NL SEE SHFEl LSS NAP L'- S LAND YACHT HARB,) R r 00 L9 0 L98 n -ac L88 166.DC 1 SCO'35' 'S0.81 N °9'32' 10C.00 SCO'35' 159.27 N99— 9' $_ 89' 2 4' 13 "W 1-92 r" G LI \E L85 L66 L87 L88 L! 1 L89 - L90 L °1 J i L92 L93 �Q I L95 0 _ 0 2 L96 ,`Y , IL n � L97 L9 8 _ L99 _100 166.DC 1 SCO'35' 'S0.81 N °9'32' 10C.00 SCO'35' 159.27 N99— 9' $_ 89' 2 4' 13 "W L1 (S— AN DPi�_ , I 0 _ 0 2 ,`Y , IL n � I b I c=) n Q r — HALDEMAN CREEK 4or `C, 2006 — I_r.;25: 15 Q:,210 4-'B '780000 h= rlc+cn C•ccL �<slcrab �CC01 !eyn! :lest ^s!ro +s \D6 Jt 7.iLL`H +� W.A., INC . STATE OF FLORIDA eu,,AE55 C-- iIF -CATE r~0. EB— XC7663 -D1"[ NOV. `o`i5 COLLIER COUNTY AINC T Planning E Visualization CONSULTING CivllFilgineenng NTS o3xwN PY T,TI_F HALDEMAN CREEK AL � ' V.A. S` " VcYM9 & �9 M STU AREA 661D Willow Pa.* Drive. Suite 200 Naolas i,.,, Florida 597 -059 Phase: (239) 59; -05'S __ SE�: "+:° sce. PRGJEGT p 060178.00 __ -E g 1 4 i ,,uC1EiEP 6017BLOB FAX: (239) 597 -578 1 —1 c 50S 7 IN k'SER. NUt;c ER: Agenda Item No. 8C November 28, 2006 Pao 20 of 25 SKETCH AND LEGAL DESCRIPTION' - 7H!S IS NOT A SURVEY -- w ifs '. v 2 L>_J L1 18� ��0 C��7 v i co �,7 Q L LIU'+ I L IUti I L L 112 I _f HALDEMAN CREEK CANAL � -BAY IEW r R HOREVEVV DR. .+bv 20 2006 - r3:0].i7 11 'A2W61,06C17a00 CC YoAremo` Creek FeSlNefinn'�C002 Lnsal 0evmp!in +e \0507 )0100 My RM.A., INC_ STATE CF FLORIDA BUSINESS CERTIFICATE NO. EB- 0007653 oAIE: CLIENT: ������ NOV. 205'6 Planning Visualization CONSULTING Civil Engineering AL Z Tl .L Surveying & 1VfT*g 6610 Mew Park Dnve, Suite 200 Naples. Florida 34109 Phone: (239) 597 -0575 FAX: (239) 597 -0578 , i M p�: L126 G' L1 VATCHLINE SEE SHEET 3 COLLIER COUNTY ❑reaw- BRy I TITLE: HALDEVI AN CREEK "E; gY: MSTU AREA 1SEC14 506 25E NUMBER: 0601 78.00 NUMBER: 9 (,, 14 ! NUM9ER: 60178L09 I-iNE TABLE LINE TABLE LINE LENGTH BEARING LINE LENGTH BEARING L102 297.97 S89'59'03"E L718 44.86 N8g57'D' "E L103 252.07 S0006'52 "E L119 10.38 N00'06'20 "w L704 60.00 N89'53 *08 "E L120 45.88 564'07'22 "E L105 251.93 N00'O6'5TW L121 205.26 N38'09'22 "E L106 270.00 S89'S9'03 "E L122 715.49 S51'50' 39 "E L107 252.07 SDC'06'52 "E L123 190.01 S38'09'32 "K' LIDS 1 60.00 N89'53'08 "E 024 89.71 S511501' 42 "E L109 251.93 NO(706'52 "w L125 220..16 50053'09 "E L714 270.00 252.07 _58959'03 "E L126 147.79 N88'S3'S1 "E L111 500'D6'52 "E L127 I 100.00 N01'05'06`W L 1 1 2 60.00 N89'53'OB" E L 128 10.78 551'50' 1 1" E -113 251.93 N00'O6'52 "W L129 245.43 NO7'06'D9 "W L714 270.00 S89'59103"E L130 15-= S51'50'34 "E L1 15 765.01 53724'59 "� L137 653.02 S00'42'52 "E L116 193.85 NSg53'08"E L132 4.98 SH9'S8'1TW L117 799.75 N00'06'S2 "W L133 291.22 S0742'52"E w ifs '. v 2 L>_J L1 18� ��0 C��7 v i co �,7 Q L LIU'+ I L IUti I L L 112 I _f HALDEMAN CREEK CANAL � -BAY IEW r R HOREVEVV DR. .+bv 20 2006 - r3:0].i7 11 'A2W61,06C17a00 CC YoAremo` Creek FeSlNefinn'�C002 Lnsal 0evmp!in +e \0507 )0100 My RM.A., INC_ STATE CF FLORIDA BUSINESS CERTIFICATE NO. EB- 0007653 oAIE: CLIENT: ������ NOV. 205'6 Planning Visualization CONSULTING Civil Engineering AL Z Tl .L Surveying & 1VfT*g 6610 Mew Park Dnve, Suite 200 Naples. Florida 34109 Phone: (239) 597 -0575 FAX: (239) 597 -0578 , i M p�: L126 G' L1 VATCHLINE SEE SHEET 3 COLLIER COUNTY ❑reaw- BRy I TITLE: HALDEVI AN CREEK "E; gY: MSTU AREA 1SEC14 506 25E NUMBER: 0601 78.00 NUMBER: 9 (,, 14 ! NUM9ER: 60178L09 Agenda Item No. 8C November 28, 2006 Paae 21 of 25 SKETCH AND LEGAL DESCRIPTION "HIS IS NOT A SURVEY LE3AL DESCRIPTION A PARCEL OF LAND LING IN SECTIONS 11,12J3 MOR PAR70WNS P 5DS, RANGE 25E COLLIER COUNTY, F DESCRl3 =D AS FOLLOWS: BEGINN NG AT A POINT BEING THE NORTH EAST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST; WHICH IS ALSO THE NORTH EAST CORNER OF LOT 1'8 OF THE NAPLES GROVE AND TRUCK COMPANY S LITTLE FARMS No 2 AS RECORDED IN PLAT BOOK 1, PAGE 27 OF THE PUBLIC RECORDS OF COLLi_R COUNTY, FLORIDA THENCE S 89'22 57 E. FOR 333.43 FEET; TO A POINT ON THE WEST LINE OF TRACT E, COURTHOUSE SHADOWS AS RECORDED IN PLAT BOCK 29, PAGE 41 OF THE PUBLIC RECORDS 07 COLLIER COJNTY, FLORIDA AND CONTIP:UING ALONG THE SAID PLATLINES FOR THE NEXT (8) CALLS, (1) THENCE N 00'23'57" E FOR 1 05 FEET; (2) THENCE N 51 "36 02 E FOR 309 35 FEET; (3) THENCE N 64'13'11 "E FOR 80.05 FEET; ( THENCE S 51'36'02 W FOR 5.00 FEE`; THENCE S 38 23 58 E FCR 404.47 FEET; (5) THENCE N.ST "36'02 "E FOR 98 00 FEET; TO A POINT ON THE WESTERLY R GHT -OF-WAY OF a S. 41 , !7} THENCE A!_ONG SAID p,GH-- ir-`NAY S 38'23'58'E. FOR 128.47 FEET; TO A POINT LYING ON T, IE NORTH SIDE Or A DRAINAGE EASEMENT DESCRIBED 11N GEED BOOK 28 PAS= 193 OF THE ?JBLIC RECORDS OF COU._ILR COUNTY, FLORIDA. (8) THENCE CONTINUING A_ONG SAD 4`G-IT -OF -WIRY N U.S - 41, S.33 "23 36 "E FOR 190 55 FEET; TC A PCINT LYING ON THE SOUTH SIDE OF A DRAINAGE EASEMENT DESCRIBED !'J DEEC BOOK 28, PAGE 193 OF THE PU13LIC RECORDS OF COLL ER COUNTY, FLORIDA =NCF CONTINU NG ALONG SAID RIGHT-OF-WAY OF US 41 S 3823'36 "E FOR 59 24 FEET; _ THENCE LEAVING S41D PIG -I - -O- -WAY, S 50 49'31°1rJ FCR 13' 60 -__ , THENCE F, 89 35'0? "bV FOR 353 34 FEET; THENCE S 00 OO'20" E =0R 6C 00 THENCE N E9'41 20 W FOR 420 00 FEET; I HENCE N 87'26'59 "'W FOR 22 00 FEET,; T -IENCE N.t39'S6'20 '�. FJ? 135.00 0 A POINT ON I E aS RIGHT- CF-VAY OF JOMIN'ON DRIVE. THENCE N.0003'40 "E FOR 12812 FE =T; THENCE S 89'36 10 l�. F07 59.99 [ FFT; TO A ,LINT ON TI-E WES- RIGHT -OF -WAY CF DOMIt,,I_'N DRIVE, THENCE ALCNG SAD RIGHT -CF -'WAY. S GtTO i'40 "bV FOR 474 69 FEET; -F =NCE S 89.`_,2'50 "',N F ^R 354 56 FEET; li_GV0 -HE NORTH RIGHT-G=-WAY OF ARECA A,E AS DESCRIBED IN SUB:+ +' SION OF ?'_.00K F, SA.B.AL SHORES AS RECORDED IV PLA- BOOK 4 PAG= 40 CF THE PIJBI_,C RECCRDS OF COLLIER COI,NTY. FLORIDA. THENCE S 89'51'21 "`A' FOR 2900D EELT; llor IS :LG6 - t9.1 5.16 .1,1eD5`, D8DI 78. CD.DD •'•�- =' -' _re ^� Feeior�;rc n \LDD2 ,.ea:+ Ces :rptianel DEU178�ID ar3 RM.A.., INC. STATE SF FLORIDA BJSINESS CERTIFICATE N0. E3- 0007663 ;Arr INC SCALE - ✓ 2.06 Planning TI Tnv1SL1117dilOII N T S CONSULTING CivilPngineenng DRAWN B•' i j ,L Surveying & Mapping I RY Fcp._ e, 66?O WjI;ryN Park Drve, Suite 200 Naples, Flcrida 34109 Phone: (239) 597•C575 FAX: (239) n97 D578 CI TENT: COLLIER COUNTY HALDEMAN CREED MSTU AREA RGC c .T pF 17,L r:,' RZE' 4 BE- 6017BL10 06Q178.0 t d .I C 5.R: N : Agenda item No. 8C November 28, 2006 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE N.00 "00'00 "E, FOR 351 01 FEET; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 41 91 FEET, ALONG THE ARC OF A NON - TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 39.83 FEET, THROJGH A CENTRAL ANGLE OF 60'16 34' AND BEING SUBTENDED BY A CHORD WHICH BEARS N.29 "55'35 E. FOR 40,00 FEET TO ; TO A POINT OF CURVATURE; THENCE NORTHEASTERLY 42.08 FEET, ALONG THE ARC OF A NON- TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 40 17 FEET, THROUGH A CENTRAL ANGLE OF 60 01'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N 29 "55'35' E FOR 40 18 FEET, TO ; THENCE S 89 "52 50"W FOR 1 DO 00 FEET; THENCE S OO "00'00 "W FOR 89.89 FEET; THENCE S 89 "51'30 "W. FOR 700.00 FEET; TO A POINT ON THE EASTERLY RIGHT -OF -WAY OF BAYSHORE DRIVE, THENCE CONTINUE S 89'51'30"W. FOR 100 00 FEET; TO A POINT ON THE WESTERLY RIGHT -CF -WAY OF BAYSHORE DRIVE, THENCE ALONG SAID RIGHT -OF -WAY S OC"OO OTE FOR 469 63 FEET;TO A POINT OF CURVATURE; THENCE LEAVING SA:D RIGHT -OF -WAY, SOUTHWESTERLY 39.20 FEET, ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 25 00 FEET THROUGH A CENTRAL ANGLE OF 89'50'27" AND BEING SUBTENDED BY A CHORD WHICH BEARS S 44 "55'13 "W. 'OR 35.31 FEET, TO A POINT ON THE NORTH RIGHT -OF -WAY OF LAKEVIEW DRIVE AS SHOWN IN GULF SHORES SUBDIVISION AS RECORDED IN PLAT BOOK 4 PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA ; THENCE S 89'50'27 "'W FOR 1,215 98 FEET; -HENCE S 55 '35' 14 "W FOR 60.57 FEET; THENCE S 89'35'14 W FOR 325 71 FEET; '0 A POINT LYING ON THE EAST BOUNDARY OF TRACT B, OF WINDSTAR SUBDIVISION AS RECORDED IN PLAT BOOK 14, PAGES 12--15 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND CONTINJING ALONG SAID PLATLINE FOR THE NEXT (3) CALLS; (1) THENCE N 00"': 3'07" W FOR 132.86 FEET; (2) THENCE S89 "35'11 "E. FOR 30.47 FEET; (3) THENCE N 00' 1 3'07"W. FOR 1,335 47 FEET; TI -ENCE LEAVIN3 SAID PLATL NE, S 82'00'10 "W. FOR 156.35 FEET; ALONG THE EASTERLY LINE OF A PARCEL OF LAND AS DESCRlDED IN CR BOOK 2754. PAGE 2850 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA FOR THE NEXT (42) CALLS, ( ") THENCE S 76"411'21'W FOR 164.00 FEET; (2) T -IENCE S 22 "4949 "W FOR 61 06 FEET; (3) THENCE S 50 "27'04 "W FOR 101 55 FEET; (4) THENCE S 58 "51'50 W FOR 56 28 FEET; (5) THENCE N 84.40 34 "W FOR 72.34 FEET; (6) THENCE S 76 "07'47 "A' FOR 1 13 00 FEET: (7) THENCE S 54,05 36 "'W FOR 90 85 FEET; (8) THENCE S 25'09'38 "W FOR 25 65 FEET; (9) THENCE S 17'03'56'W. FOR 23.41 FEET; (10) THENCE S.1 1 01'23"C FOR S5,54 FEET; (1 1) THENCE S 04'20 3B "W FOR 94 75 FEET; (12) THENCE S 32-14'25 IN FOR 159.05 E-EET; Nb 217. 2006 - 13 C.45 :: 20065 060 7 78 00 -00 N W-e Creek ,iesfarati 0002 Lego! DesdfOfioas`r.60I78L ' f 8rp R.W.A., INC. ST.4'F GF FLORIDA BUSINESS CTTIFICATE NO. EB COD7663 D111A Visualization CONSULTING CivilEagineering .AL Tt i it Z Surveying & Mapping 6610 Willow Park Drive, Sulte 260 Naples, FloriCa 34109 Pnor.e: f232; 597.0575 FAX: (239) 597 -0578 ZV_2006 CLIENT: V-4L COLLIER COUNTY NTS oaavrH INY TITLE: HALDEMAN CREEK :" ;K =RG^. MSTU AREA 56c- T p: FcE: 3RC.JECT S=1E17 11 1 FIFE 1-1450S 25- NUMBER- 06017800 NUVISER: 0" l 4 NLAABER: 60178L1 1 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY (13) THENCE S 07'38'14'E FOR 34 43 FEET; (14) THENCE S 35'32'27"E. FOR 94 5= FEET; (15) THENCE S 03°16'57 "W FOR 292.24 FEET; (16) THENCE S 42 "37 09 "W FOR 111 02 FEET; (17) THENCE S 20`33'59 W =OR 99 26 FEET; ( "8) THENCE S 21 "22'23 W! =OR 71.83 FEE -; ('9) THENCE S 52'12 31 "W FOR 408 66 FEET; (20) THENCE S 62'28'18 "W FOR 230 33 FEET; (2 1 ) THENCE S 30 40'44 "'h FOR 19 2 53 FEET; (2 2) THENCE S 17'19'34 "101 FOR 219 43 FEET; (23) 71HENCE S 44'20 44'W FOR 9439 FEET; (24) -HENCE S 58 "45 28 "W FOR 215 33 FEET; ,25) THENCE S.0521'48 "W FOR 42 53 FEET; (26) THENCE S.06 °59'10 W FOR 376 44 FEET; (27) THENCE S 52 °38'49 "W. FOR 245 54 FEET; (28) THENCE S 8724'12 "W FOR 1'05 57 FEE,; (29) TI IEVCE S 5G 1 1'00' 'Al. FOP, 1' 53 FEET; (30) THENCE S 1139'25 "E FOR 79 74 FEET; (31) THENCE N 67'33'55'E OR 13 95' FEET; (32) THENCE S 21'04 35 E FOR 104.77 FEE'' (Z 3) T-iENCE S 707 16'20" E FOR 48 32 FEET; (3-) THENCE N 79 "53'45 "E FOR 98.25 ; E= ; (35) HEN'C_ V.~9" 1 1 'O8" E FOR 12/- 42 FEET; (36) HENCE ` 59 5'. °49"E F0P 22 -I FED ; (37) THENCE S 06'34'37 "'r11 FOR 208 89 FEET; ,'38) THENCE S 61 "36'29 "W FOR 11207 FEET; (39) THENCE S 89'30 i3 "W FOR 119 20 FEET; (4G) THENCE S 51 "13'33 "Wd. FOR 86 86 FEET; THENCE S 3533'5.3''W FOR 8-1.64 FEET; (41; !42) THENCE S 43, 4T55''J' FOR 135 55 FEE', TO A POIN- OP OF SECTION 14, TO'dNNSHIP 50 SOUTH, RANGE 26 EAST, ALSO LINE OF -RAC- 3 0- 'r 11 NDSTAR SUBDIVISION AS RECORDED IN PAGES 12-15 OF THE PUBLIC RECORDS OF C :DLLIER COUNT" THENCE N 00'12'53 ^J TOR 203 32 FEET; THENCE N 00'09'12 "4"i FOR 543 41 FEET; THENCE CONTINUE N.GO'09'12 "'N =0R 1,391.017 FEE_ -FENCE LEA;'!N3 SAID SEC -ION LINE AND bbESTER_Y LINE OF N 14 45'47"E FOR ' 99.1 7 FEET; -HENCE N.00 06 2'. E. FOP 427 72 FE =T; TO _f `E NORTI- WFST PARCEL OF LAND DESCRIBED IN OR BOOK 3001, SAGE 2697 Pe: ' ZDS OF C OL� IER COUNT`?, FLORi -`A. Aaenda item No. 8C November 28. 2006 Paae 23 of 25 THE '"JEST LINE BEIN THE 4^+'EST PLAT BOOK 14 FLCRID? SAD TRACT 3, CCR.NER OF A OF THE PU31_:C THENCEJN o0 43 42 "'Vi''. FOR 1,2295 33 FEET; TO A. PCINT ON TdE SOUTH :3- IT- OF- 'v1+'P," OF MARLIN DFW'r -;ENCE ALOPd, SAID RIGHT- OF- 'Va'AY, N 8931'33 "E. FOR 1 305.55 FEET; -0 A POINT ON TIE EAS` RIGHT- OF- 'ddA.Y O= PA: M STREET Tf E POINT ALSO BEING ON THE WEST LINE CF t,APLES LAND YACHT HAR3OP,, P, ARCEL OF LAND DESCRIBED IN OR 3GOK 714, FACE '71) 07 THE P'_BLIC RECORDS OF CCiLJE COUNTY, FLORIDA 7I -.ENC7 ALONG SAiD WEST BOUNDARY LINE, N 9033 25 W FOR 1,374 49 FEET; 0 I HE NOk 1 �fd�iES CO NER OF A D N.AF'LES _AND YACHT PAR30R Nov o9 YL'C6 — I6.!�:1: 0: \TO�E'�OSC 17 &W 00 Harvcmvn C�_ck Pcalwvikn \0 ?72 lcgol O:scn9'ry "a`,GE'J 178�1_�wg RANA, INC. 31tjE OF [OR 31, HJSINESS OE1,1 �Ia iE NO. EE- 0006 °3 ::'.TT: AITA LNC NOV. 2 005 COLLIER COUNTY Planning Visualization NTS CONSULTING Civilagirl=ing ORMIN 3Y: TTLE- H,ALDEMAEV CREEK � Stmey^Ing & Mapping RY o- '_c � S,' U AREA r.Zc gr 6610 W41cw Park Drive, Suite 2C*) RG 0 Naplas. Florida 34109 ' SHEET 71LE 601 78L1 2 Phwle:,,239) 597 -0575 s_�:..�,N: �r, =: PPOJE`-T 12 14 jU,.,gEP: =A %:(235.597 -0573 1 -ic50S �5E NuV2ER. 06017B 00 VUl.1BFR. OF Agenda Item No. 8C November 28, 2006 SKETCH AND LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE ALONG SAID NORTH BOUNDARY LINE, N 89 "33'52 "E FOR ',247 65 FEET; TO THE NORTHEAST CORNER OF SAID NAPLES LAND YACHT HARBOR THENCE ALONG THE EAST LINE OF NAPLES LAND YACHT HARBOR S OG'33'08 "E FOR 516.83 FEET; THENCE S 89 "32 43 "W. FOR 623 36 FEET; THENCE S.00"35'47 "E FOR 166.60 FEET; THENCE LEAVING THE BOUNDARY OF NAPLES LAND YACHT HARBOR N 89 "32 43 "E FOR 15081 FEET; THENCE S 00'35'07E. FOR 1'DO DO FEET; THENCE N.89'19'24 "E FOR 15927 FEET; TO THE WEST RIGHT —OF —WAY LINE OF ARBUTUS DRIVE. THENCE S 00'35'47 E FOR 992 99 FEET; THENCE S 77"5226 "W FOR 255.21 FEET; THENCE N.00 "35'47 "W FCR 994 00 FEET; THENCE S 89'24' 1 3 W FOR 20.00 FEET; THENCE N.00'35'47 "W FOR 50 05 FEET; THENCE S 89'32'41 "W FOR 46.00 FEET; TO A POINT ON THE EAST LINE OF NAPLES LAND YACHT HARBOR A PARCEL OF LAND DESCRIBED IN OR BOCK 714, PAGE 1710 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA THENCE S 00'35'47" E FOR 1,086 59 FEET; THENCE N 77'•52'26 "E FOR 684 32 FEET; THENCE N 00 "00'42 "E FOR 131.01 FEET; TO A POINT BEING THE NORTHWEST CORNER OF LOT 37, DEVERE LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 14 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA A POINT ALSO BEING ON THE SD JTH RIGHT —CF —WAY LINE OF BECCA AVENUE, THENCE S.89'59'03 "E FOR 297.97 FEET; ALONG SAID RIGHT —OF —WAY LINE, THENCE LEAVING SAID RIGHT —OF —WAY, S OC'06 52 "E FOR 25207 FEET; THENCE N 89 "53 08'E FOR 60 00 FEET; THENCE N 00"06'52 "W. FOR 25' 93 FFFT; TO A POINT ON THE SOUTH RIGHT —OF —WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIGHT —OF —WAY, S 89 "59'03 "E. FOR 27000 FEET; THENCE LEAVING SAID RIGHT —OF —WAY, S 06 "06'52 "E FOR 252 0/ FEET; THENCE N 89 53'08" E FOR 60 00 FEET; THENCE N! 00'06'52'W. FOR 251 93 FEET; TO A POINT ON THE SOUTH R'GHT —OF —WAY 'LINE OF BECCA AVENUE THENCE ALONG SAID RIGHT—CF—WAY, S 89-59'03' E FOR 270 00 FEET; THENCE LEAVING SAID RIGHT —OF —WAY, S 00'66 52 "E FOR 252 07 FEET; THENCE N 89 "53 0,3"E FOR 60 00 FEET; THENCE N 09'05'52'W. FOR 2:5' 93 FEET; TO A POINT ON T -IF SOUTH RIGHT —OF —WAY LINE OF BECCA AVENUE, THENCE ALONG SAID RIG- 1T— OF —WAY.S 89 59'D3 "E FOR 270.00 FEET; TO A POINT ALSO ON THE 'NEST RIGHT —OF —WAY OF BA.YSHORE DRIVE, THENCE S 37'24'59 "E, FOR 155 01 FEET; TO A POINT ON THE EAST RIGHT —CF —WAY OF BAYSHORE DRIVE ALSO BEING THE NORTHWEST CORNER OF IOT 121 OF NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS No. 2. AS RECORDED IN PLAT BOOK 1 PAGE 27 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. THENCE N.89'53 08 "E. FOR 193 85 FEET; TO A. POINT ON THE WEST LINE OF A. PARCEL OF LAND DESCRIBED IN OR BOOK 2983, PAGE 379 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND WILL CONPNUE TO RUN ALONG SAID BOUNDARY FOR THE NEXT (19) CALLS, ti'ov 10 7005 Creek RIt —lion \0062 lrgo/ Osscripliann \OR0178C 13.dwq RM.A., INC. STATF OF FLORIDA BUSINESS CERTIFICATE ND, E8 MG7663 INC Panng D111A isualization CONSULTING Civil Engineering JL V TA. Z Survey ling & Mapping 6610 Wllow Park Drive. Suite 200 Nap1e5, Florida 34109 Phone: (_39) 597 -0575 FAX: (239) 597-0579 WJE: CI IFNT: NOV. 2606 COLLIER COUNTY sC aLE NTS - R Y TITLE: HALDEMAN CREEK ` f`K `° BY RGC M STU AREA SEC: tim: RGE: PROJLC1 Q8017g �� SHEET 13 14 FILE 60178L13 1 -14505 25E NUMKR: _ rNumBER_ OF NUUBER: Agenda item No. 8C November 28, 2006 Paae 25 of 25 SKETCH AND LEGAL DESCRIPTION THIS 'S NOT A SURVEY (') THENCE N 00 "06'52 "W FOR 799 75 FEET; (2) THENCE N 89 "57'01 "E FOR 44 86 FEET; (3) THENCE P: OC 06 20 "W FOR 10 38 FEET; 4) THENCE S 64'07'22E FOR 45 88 FEET; (5) T,iENCE N.3&09'22 E FOR 205 26 FEET; TO THE WESTERLY P.IGHT —OF —WAY OF US 41, (6) THENCE A�O,tiG SAID RIGHT —OF —WAY, S 515039 E 'CR 1' 5.49 FEET; 7 THENCE LEAVING SAID PIGHT —OF —WAY, S 38 09'32 "W FOR "90 O1 FEET; W THENCE S51'50'42 "E =0R B9.71 FEET; (9) THENCE S 00'53'09' E =0R 220.16 FEET; (10) THENCF N 89'53 51 "E FOR 14779 FEET; (11) THENCE N 01'06 O6 "V) FOR 10000 FEET; 2) THENCE S 51'50' 1' E FCR 10 78 FEET; i 13) T� -IENCE N.01 °06'09 W -0R 245 43 F7E ; TO THE WESTERL`! RIGHT - OF —WAY OF U.S 41, (1/-) THENCE ALONG SAID RIGHT— OF—'N.AY, S 51 °50'34 "E FOR 15 05 =EET; (15) THENCE LEAVING SAIC RIGHT —OF —WAY, S 00 "42'52 "E FOP, 653 C2 FEET; (16) THENCE S 89 "58'17 "W FOR 49B FEET; (° 7) 'HENCE S.00 42'52' E. FOR 291.22 FEET; (18) `HENCE N 89.55'57 "W FOR 9 98 FEET; (19) THENCE S,00 "42'55 "E FOR 672 72 FEE?; THENCE N 89 "49'00 "F FOR 145 13 FEET; THENCE S OO "19'20 E FOR 30.00 FEET; T'rIENCE N 89'49 00 "E. FOR 450 63 =EET; THENCE N OD 19'20'W FOR 30 OO FEE-1-1 THENCE N.Bg'49'C(i'F. FOR 77.13 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HERUA CONTA NING 11 578 801 SQUARE FEET OR 258 1 ACRES MORE OR LESS EASEMENTS !',ND RESTRICTIONS OF RECORD BEARINGS ARE BASED ON T' IE CENTERLINE OF GULFV! _W L`FIVE, WHICH LIES IN THE CULF S -iORES SUBDIVISION PLAT BOOK 4, PAGE 50 PS BE =WG EAST Noy 10. 2006 - 15.-5 r C3 G: \2G'J F',DtiO: ]li 00 CG '4014 on C, k yes!or ­,­A0192 06CIML -d..2 F..Yl.A., 'NC. STkiC 0� F;,ORIDA 3LISIN� � �C? ?If 141E N0. EB 000,663 INC NOV. 200 E D"XITA G Planning tion NITS CONSULTING QVUEngineemg DRAWN 3': TITLE: i ' L T Fi i Stuveying & Mapping RY CH;.CXC[i lam: 6610 WiLow ?ark Onve. Suite 200 NarAeS, Florida 34109 Phone: (239) 59% -0575 FAX: (229) 537 -0578 COLLIER COUNTY LA FlC- �AA�I (`DELL! I IriLVL_ VIr'1 4 VI\ l—f MSTU AREA RGC cr_ C ' a TwF' z R 4EE : „�. •:>vuJeE_:s : T S'_ E _ FILE tiui e60178L14 0601 78.00 N2,iW 14 14 sus Agenda Item No. 8D November 28, 2006 EXECUTIVE SUMMARY Page 1 of 6 REQUEST THE BOARD APPROVE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY AT CHAPTER 130, TRAFFIC AND VEHICLES, TO ADD A SECTION ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED COUNTY ROADS IN GOODLAND, FLORIDA SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: To obtain approval from the Board of County Commissioners of Collier County, Florida to amend the Code of Laws and Ordinances of Collier County at Chapter 130, Traffic and Vehicles to add a section allowing for the use of golf carts upon designated county roads in Goodland, Florida subject to specified restrictions; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective Date. CONSIDERATION: At the April 11, 2006 regular meeting of the Board of County Commissioners, Connie D. Stegal- Fullmer, a resident of Goodland, Florida brought forth a public petition requesting that the residents of Goodland be permitted to operate golf carts within their community. The Collier County Attorney's Office and Transportation's Traffic Operations Department were directed to work with the citizens of Goodland to investigate the possibility of allowing golf cart operation in that community. After meeting with some of the residents and conducting a visual study of the roads and traffic situation in Goodland, it was determined that golf carts could be operated subject to the State Statute and additional restrictions contained in the ordinance to promote the health, safety and well -being of the residents of Goodland and others who may operate vehicles on those roads. The proposed amendment to Chapter 130 of the Code of Laws and Ordinances of Collier County, Traffic and Vehicles, generally allows for the use of golf carts in designated areas of Goodland during daylight hours. Also included are requirements involving operating equipment that must be on all golf carts, persons eligible to operate such golf carts, and other requirements to promote safe operation. FISCAL IMPACT: The estimated cost for the installation of the new signs is S 750.00 (6 signs @ $125 each). Funds are available in Traffic Operations Operating Fund 101- 163630- 653710. GROWTH MANAGEMENT IMPACT• There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the attached Ordinance; authorize the Chairman to execute this Ordinance; authorize the inclusion of this Ordinance into the Collier County Code of Laws and Ordinances; and to direct the County Manager to have the Traffic Operations Department install appropriate signing on the designated roads. Prepared by: Robert W. Tipton, P.E., Traffic Operations Director Scott R. Teach, Assistant County Attorney Attachment No. 1 — Proposed Ordinance 04 -TRN -01055/ 1110 Agenda Item No. 8D November 28, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 8C Item Summary: Request The Board Approve An Ordinance Of The Board Of County Commissioners Of Collier County.. Florida Amending The Code Of Laws And Ordinances Of Collier County At Chapter 130, Traffic And Vehicles, To Add A Section Allowing For The use Of Golf Carts Upon Designated County Roads In Goodland, Florida Subject To Specified Restrictions; Providing For Inclusion In The Cade Of Laws And Ordinances; Providing For Conflict And Severabihty; And Providing For An Effective Date, Meeting Date: 11!28/2006 9.00 00 .AM Prepared By Scott R. Teach Assistant County Attorney Date County Attomey County Attorney Office 1116!2006 3:53:30 PM Approved By Robert W. Tipton, P.E. Traffic Operations Director Date Transportation Services Traffic Operations 111812006 9:11 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 1111212006 8:46 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1111412006 9.20 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 1111512008 1:18 PM Approved By OP. ^,B Coordinator Applications Analyst Date Administrative Services Information Technology 11/16/2006 10:47 AM Approved By Mark lsackson Budget Analyst Date County Managers Office Office of Managements Budget v 1l..07200G 9: 1,,8 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Dfficc I V2T2006 10:58 ANI Agenda) Item No. 8D Nove ber 28, 2006 Page 3 of 6 ORDINANCE NO. 2006- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY AT CHAPTER 130, TRAFFIC AND VEHICLES, TO ADD A SECTION ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED COUNTY ROADS IN GOODLAND, FLORIDA SUBJECT TO SPECIFIED RESTRICTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts to be operated on county roads provided the county first determines that they may safely travel on or cross such public roads or streets upon considering the speed, volume, and character of motor vehicle traffic using those roads or streets; and i WHEREAS, Section 316.212(4), Florida Statutes, states that golf carts may only, operate on such public roads or streets during the hours between sunrise and sunset, unless the governmental agency specifically determines that such golf carts may also safely operate during the hours between sunset and sunrise and the Golf carts possess headlights, brake lights, turn signals and windshields. WHEREAS. Section 316.212(7). Florida Statutes, allows counties to enact restrictions and regulations regarding golf can operations that are more restrictive than those contained in the state statutes as long as appropriate signs are posted or the residents are otherwise informed that the regulation of golf car[ operation in the designated area will be in accordance with a stricter local ordinance; and WHEREAS, as of the effective date of this Ordinance. the Collier County Transportation Division's Traffic Operations Department has conducted a study to determine whether golf carts may safely travel on or cross public roads or streets located in Goodland. Florida, considering the following factors: speed, volume, and the character of motor vehicle traffic using the relevant roads or streets; and WHEREAS, the Board of County Commissioners has determined that golf carts may safely be operated in a limited manner on all county roads and streets in Goodland, Florida that are located at least 125 feet west of Sunset Drive; and Agent Item No. 8D Noverr ber 28, 2006 WHEREAS, the Board of County Commissioners desires to provide additional Page 4 of 6 regulations for the operation of golf carts on designated roads and streets in Goodland located in Collier County, Florida; and WHEREAS, the Board of County Commissioners believes that regulations proposed in this Ordinance promote and enhance the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY i CONMSSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, CHAPTER 130, TRAFFIC OPERATIONS, IS AMtNDED TO INCLUDE A NEW SECTION 130 -4, TO READ AS FOLLOWS: SECTION 130 -4: Use of golf carts upon designated public roads and streets in G©odland, Collier County, Florida. I 1. The term "golf cart" is defined as stated in Florida Statutes, subsection 320.01, as a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty (20) miles per hour. 2. Golf carts may be operated on those county roads and streets in Goodland Florida located at least 125 feet west of Sunset Drive. This designation is in accordance with' Florida Statute, Section 316 212. 3. In addition to the requirements of Florida Statute Section 316.212, which are applicable to the operation of golf carts on the aforementioned designated roads and streets, the i following restrictions shall also apply: (a) All persons operating golf carts subject to this ordinance must be a minimum of sixteen (16) years of age, hold a valid driver's license issued within the United States, and must be in possession of a valid identification card showing proof of age at all times i while operating a golf cart on the designated public roads. (b) The number of occupants in any golf can operated on the designated public streets and roads shall be restricted to the number of seats on the golf cart. No occupants of a golf cart shall stand at any time while the golf can is in motion. i (c) All golf carts operated under this ordinance shall be restricted to a maximum attainable speed of twenty (20) miles per hour. 2 Agend Item No. 8D November 28, 2006 Page 5 of 6 (d) All golf carts operating subject to this ordinance must be equipped with efficient brakes, reliable steering, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear at all times while operated on the designated roads and streets in Goodland, Florida. (e) With the exception of the Goodland residents' Christmas Holiday and Mardi Gras golf cart parades, golf carts may only be operated on the designated roads and streets during the hours between sunrise and sunset. Golf carts operating at night on those special occasions shall possess headlights, brake lights, turn signals and windshields. (f) Before golf carts may be operated under this section, the owners thereof must purchase and maintain liability insurance insuring against personal injury and damage to property of any nature relative to the operation of golf carts on the designated public roads and streets. (4) Violations of this section shall constitute a non - criminal infraction enforceable pursuant to the provisions of Florida Statutes, Section 316.212(8). (5) The Collier County Transportation Division shall post signs along the designated roads and streets where golf cart operation is allowed advising motorists of the possible presence of golf cart traffic and alerting the public that the operation of such golf carts is subject to the various requirements of this ordinance. SECTION TWO: INCLUSION IN THE CODE OF LAW'S AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section." or any other appropriate word. II SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other i applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held I invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 3 Nove separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. i SECTION FOUR: EFFECTIVE DATE. This Ordinance shall take effect 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 November, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney FRANK HALAS, CHAIRMAN Item No. 8D ier 28, 2006 Page 6 of 6 Agenda Item No. 8E November 28, 2006 Page 1 of 257 EXECUTIVE SUMMARY Petition: PUDZ -A- 2006 -AR -9021 Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a Planned Unit Development (PUD) to PUD Rezone (The Club Estates) to a Community Facilities Planned Unit Development (CFPUD) to be known as the Lely Area Stormwater Improvement Project (LASIP). The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a passive recreation use and stormwater management facilities. The subject property is located along Collier Boulevard (CR -951), south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDA- 2006 -AR -9576 OBJECTIVE: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to a new PUD to be known as the Lely Area Stormwater Project (LASIP) Community Facilities Planned Unit Development (CFPUD). CONSIDERATIONS: The proposed PUD to CFPUD is to remove the southerly 99.3 acres from The Club Estates PUD to be used for a conservation/preservation area, utilize the parcel as a passive recreational park and to enhance the 99.3 acre parcel as mitigation for impacts associated with the construction of the Lely Area Stormwater Improvement Project (LASIP). This enhancement consists of the initial treatment of exotics, supplemental planting of selected wetland areas, and long term maintenance. The rezone will restore, protect and preserve the native vegetative communities and wildlife habitat and allow visitors to enjoy the area. In addition to the preservation of native vegetation and wildlife the principal use will be for stormwater management. The LASIP Conservation area is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The proposed amendment to CFPUD is consistent with the GMP and LDC and is suitable to the surrounding residential properties. The rezone will not add additional density and is 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 as are the proposed Homes of Islandia RPUD which is the companion item to this petition. The rezone will not adversely affect the health, safety and general welfare of - the citizens of Collier County. PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 1 of 5 Agenda Item No. 8E November 28, 2006 Page 2 of 257 Growth Management Plan Impact (GMP): Future Land Use Element: The subject property is designated Conservation, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The conservation and passive recreation uses afforded within the proposed PUD are permitted within the Urban Residential Sub - District. The proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and found it consistent with the Transportation Element of the GMP. LASIP does not add density or increase AM or PM traffic on the County roadway network and is a companion item for the Homes of Islandia PUD. The application does reflect the ability to add a passive park with limited access and parking. This would result in de minimus off peak trips. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the CFPUD Document and for this reason the rezone is consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC): The EAC did not hear this petition because the land will be used for a conservation easement. FISCAL IMPACT: This PUD to 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. 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 identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Other fees collected prior to the issuance of a building permit include building pen-nit review fees and utility fees associated with connecting to the County's water and sewer systems. Please note that impact fees collected were not included in the criteria used by Staff and the Planning Commission to analyze this petition. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.02.13 and 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: PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 5 Agenda Item No. 8E November 28, 2006 Page 3 of 257 • 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 proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because the project is surrounded by residential and the proposed rezone to a community facility land use is compatible with residential land use. Findings: The proposed change decreases density and the LASIP CFPUD will be in compliance with all county regulations; therefore the project is suitable for the area. • 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: The proposed rezone CFPUD document incorporated design and buffering requirements. Additional buffering requirements might be incorporated during the development order process. „._ Con: None. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. • The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the neighborhood and as a result the subject property will not increase traffic or add adverse impacts to other public facilities. Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findinus: Infrastructure is in place on the property and in the vicinity. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary; it is being requested to mitigate water management for the Lely Area Storrnwater Improvement Project in compliance with the Army Corps of Engineers and the South Florida Water Management District permit requirements. Con: None. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the GMP is positive. PUDZ- A- 2006 -AR -9021 LASIP CFPUD Page 3 of 5 Agenda Item No. 8E November 28, 2006 Page 4 of 257 • 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 land use will not alter the other conditions for approval and 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 a public park will encourage people to loiter after the park closes. Findings: The proposed LASIP CFPUD is compatible with adjacent land uses due to the similarities that should be realized between the surrounding residential uses and the proposed community facility use. No density is proposed and the types of noise related to a passive park should not be offensive. • 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 will not generate significant traffic impacts therefore, approval of this project would be deemed compatible with surrounding land uses and will not affect the public safety. Con: The adjacent and surrounding property owners may perceive that the addition of a public park with five parking spaces could adversely impact traffic flow on Collier Boulevard (CR -951) even though staff from the Transportation Division deemed the petition consistent. Findings: The rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts. 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. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the amendment by a vote of 7 -1. The motion included the following stipulations: 1. The proposed trail or walkway has a minimum set -back from the property line of fifty (50) feet. PUDZ -A- 2006 -AR -9021 L.ASIP CFPUD Page 4 of 5 Agenda Item No. 8F November 28, 2006 Page 5 of 257 STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ -A- 2006 -AR -9021 Lely Area Stormwater Improvement Project (LASIP) CFPUD subject to the CCPC's stipulation noted above. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 5 of 5 Agenda Item No. SE November 28, 20(J6 Page 6 of 257 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: SE Item Summary: This item to be heard at 1'.00 pm. This item requires that all participants be sworn in and ax parte disclosure be provided by Commission members. PUDZ -A- 2006 -AR -9021 LASIP Conservation C:�PUD Collier County Transportation Division, represented by Fred Retschl. AICP, of Agnoli Barber & Brundage, requesting a POD to PUD Rezone (The Club Estates) to PUD ( LASIF Conservation Area) The CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrenity, to remove the 99.3 acres that are the subject of the petition_ The LASIP Conservation Area CFPUD is owned by Collier County. The site is currently governed by a conservation easement The proposed uses include restoration . protection and preservation of native vegetative communities and wildlife habitat a necessary use of passive recreation is also, described The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9. Township 50 South, Range 25 East, Co'lier County, Florida (Companion to PUDA- 2006 -AR- 9576). Meeting Date: 11/28/2006 9.00.00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 11/1512006 11:13:33 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 11:1512006 11:17 AM .Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 11115;2006 12:59 RIO .Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11!15/2006 4:23 PM Approved By Donald L. Scott Tranmportation Planning Director Date Transportation Services Transportation Planning 11:1612006 7.20 AM Approved By Susan Muray, AICP Zoning & Land Development Dire: tar Date Community Development & r= nv�ranmental Services Zoning& Land Development Review 11!1612006 7:55 AN�, Approved By N'—pone K5 Student -St ^[rig Assistant County Attorney Date Cuunry Attorney County Attorney Office 111/6/2806 17:46 AM Approved By Community Development & Joseph Y. Schmitt Date Environmental Services Adminstrator Convnunity Development & Community De-dopment & Environnten;a! Servsccs Environmental Services Admin. 11116!2066 E.37 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Ioformat,on Technology 11:20;2006 5;12 AM Approved By Mark )sa cksor Budget Analyst Date. County Managers Office Office o`Managemom & Budget 11120/2006 9 09 F,V, Approved By James V. Mudd County Manager Gate Board of County Commissioners. County ivianager s Office -rii2ril20u6 11:16 AM LLJ C) LO o Z CD a� - _a c3 M 7 y c °' o QZ a of . N7 CL Q 0 z z O N C14 C 0, 0 0 n+ EL :t Z O F wV Q G Z O U, J a + " 8z � O U Q � O J ! o i ru � L �� mrvnavwe ramoo � �y __ R1 g j \ z" 1 �M1'1 '11'6W m �S i tl ^. 1 pourtxria ¢�j .� mrrn3vioe gj Z=1 � 6 �� i avwwNeu,a,m ` ON 91E 91 srk' CL Q 0 z z O N C14 C 0, 0 0 n+ EL :t Z O F wV Q G Z O U, J Agenda Item No. 8E November 28, 2006 Page 8 of 257 Coi. er County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 2, 2006 SUBJECT: PETITION PUDZ -A- 2006 -AR -9021, LASIP COMPANION ITEM: PUDA- 2006 -AR -9576 HOMES OF ISLANDIA OWNER: Collier County Transportation Division 2885 South Horseshoe Drive Naples, FL 34104 AGENT: Fred Reischl, AICP Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North Naples, FL 34108 REOUESTED ACTION: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to be known as the Lely Area Stoimwater Project ( LASIP) Community Facilities Planned Unit Development (CFPUD). GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR -951), one mile north of Rattlesnake - Hammock Road in Section 10, Township 50 South, Range 26 East. Collier County, Florida. (See attached location map on the following page) To be switched out for Location Map PU -DZ -A- 2006 -AR -9021 LASIP CFPU -D Page 1 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8E November 28, 2006 Page 9 of 257 PURPOSE /DESCRIPTION OF PROJECT: PU1llZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 2 of 6 Agenda Item No. 8E November 28, 2006 Page 10 of 257 The proposed amendment is to amend the existing 254.6± acre PUD by removing the southerly 99f - acres from the subject parcel area for conservation/preservation area and to utilize the parcel as a passive recreational park. The rezone will restore, protect and preserve the native vegetative communities and wildlife habitat and allow visitors to enjoy the area. In addition to the preservation of native vegetation and wildlife the principal use will be for stormwater management. SURROUNDING LAND USE AND ZONING: Subject Parcel: The Club Estates PUD, zoned PUD Surrounding- North: Naples National Golf Club, zoned PUD South: Naples Lakes Country Club (maximum 731 dwelling units), zoned PUD East: Vacant, zoned Agriculture (A) West: Shadow Wood (Airport Runway) (maximum 569 dwelling units), zoned PUD I w, J i PUD m' PUD —SArdMAMM PUD 4, -k MPtEs PAT?. GOLF CLUB ,. M P L EsNERT AcEUozFAraDCoUrurrR ^rCLUB , -- � PUD PUD rl' 1 Ir j r =[]T7] n n f CZUB EsrA TES CPU D r °GL -UB 19 L E -S.T -A ESEF►— .rr PUD PUD !�w � A i ERftO;M}4 99.Ft PUD PUD SV ^� ru�l�'LES L4 ES C 7ilydFR r`i�t�1s �i'f?S?AS"1Y J�'!I'rt�aT. ��rkr. REHA5. GROWTH MANAGEMENT PLAN CONSISTENCY: PU -DZ -A- 2006 -AR -9021 LASIP CFPUTD November 2, 2006 CCPC Hearing Pa` =e 3 of 6 Agenda Item No. 8E November 28, 2006 Page 11 of 257 The subject property is designated Conservation, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The conservation and passive recreation uses afforded within the proposed PUD are permitted within the Urban Residential Sub - District. Future Land Use Element Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. CONCLUSION: The proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and found it consistent with the Transportation Element of the GMP. LASIP does not add density or increase AM or PM traffic on the County roadway network and is a companion item for the Homes of Islandia PUD. The application does reflect the ability to add a passive park with limited access and parking. This would result in de'minimus off peak trips. Commons Area/Conservation Area: The CFPUD provides 99.3 acres of public open -space with the principal uses as stormwater management and a passive park. No building or structures shall be erected in the designated Conservation Area other than a four - hundred (400) square foot observation deck. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02.13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B ". Environmental Analvsis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staffs recommendations and safeguards were addressed within the CFPUD Document and for this reason the rezone is consistent with the LDC and GMP. An Environmental Impact Statement (EIS) was not required but will be at the time of the first development order. Environmental Advisory Conunission (EAC): The EAC did not hear this petition because the land will be used for a conservation easement. Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: No objection. This PUD Amendment does not impact the utilities provision; no additional utilities are required or proposed Zonim! and Land Development Review Analysis: As noted, the proposed CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrently to remove the 993 acres that are PUDZ -A- 2006 -AR -90 21 LASIP CFPUD November 2, 2006 CCPC Hearing Page 4 of 6 Agenda Item No. 8E November 28, 2006 Page 12 of 257 the subject of the petition. The result will be a smaller acre PUD to be known as homes of Islandia and a new LASIP Conservation area CFPUD. The LASIP Conservation area is owned by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The proposed amendment to CFPUD is consistent with the GMP and LDC and is suitable to the surrounding residential properties. The property is adjacent to Collier Boulevard (CR -951) and a Greenway is planned for the east side of Collier Boulevard with a crosswalk at Rattlesnake - Hammock Road. This crosswalk will provide pedestrians and cyclist access to the LASIP conservation area. As depicted on the conceptual Master Plan (Exhibit "A" of the CFPUD document) the only access to the project is from Collier Boulevard (CR -951). NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM at the Edison College, Conference Room J -103, at 6:00 p.m. Approximately eighteen people attended, including the applicant's team and county staff. Of those who spoke, most had questions regarding the LASIP Conservation property uses as a proposed passive park. Some of the neighboring property owners at Naples Lakes Country Club reported having had nuisance vagrancy issues on their golf course, using their facilities. They expressed a concern about the same type of activity occurring on the park property. Others brought up the issue of invasive exotic vegetation spreading on to their property from the LASIP site and stated that the county needs to clear and maintain the invasive species to prevent them from spreading. Also discussed was the possibility of a parking space for a school bus, so that the area schools could use the park for student fieldtrips. Several people agreed that the county's Parks and Recreation Department could become involved in some of the maintenance and oversight of the park area. Others expressed an interest in having a locked gate at the park's entrance after hours. No one voiced opposition to the rezone proposal. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDZ -A- 2006 -AR -9021 LASIP CFPUD. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" — Rezone Findings and Exhibit `B" — PUD Findings PREPARED BY: MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing Page 5 of 6 Agenda Item No. 8E November 28, 2006 Page 13 of 257 LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW DATE ASSISTANT COUNTY ATTORNEY 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 ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 28, 2006 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: Mark P. STRAIN, CHAIRMAN PUDZ- A- 2006 - Alt -9021 LAMP CFPUD PaL,e 6 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8E November 28, 2006 Page 14 of 257 EXHIBIT "B" FINDINGS FOR PUD PUDZ -A- 2006 -AR- 9021 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' 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 proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because the project is surrounded by residential and the proposed rezone to a community facility land use is compatible with residential land use. Findings: The proposed change decreases density and the LASIP CFPUD will be in compliance with all county regulations; therefore the project is suitable for the area. 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. Pro: The application is owned by the county and the petitioner and the parcel will be the responsibility of the county's Parks and Recreation Division who will maintain the area. Con: None Findings: Documents submitted with the application provide evidence of unified control. The CFPUD document makes appropriate provisions for continuing operation and maintenance of the park area. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: Staff has reviewed the petition and provided an analysis of the rezone amendment and found the proposed rezone is consistent with the Growth Management Plan (GMP). Con: None Findings: The proposed rezone is consistent with the goals, objective and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. PUDZ- A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 1 of 3 Agenda Item No. 8E November 28, 2006 Page 15 of 257 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: The proposed rezone CFPUD document incorporated design and buffering requirements. Additional buffering requirements might be incorporated during the development order process. Con: None. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro: The amount of 99t acres is consistent with the provisions of the Land Development Code (LDC) and the GMP for open space because no development will be permitted on the parcel. Con: None. Findin_Ts: The ninety -eight (99f) acres of Conservation area and lakes is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: The Purpose of the project is to mitigate the Lely Area Stonnwater Improvement Project which will lower the flood elevations and to reduce the duration of peak stages while reducing dry season over drainage and providing as much water quality improvement and groundwater recharge as possible to the Lely area. Con: None. Findin�,,s: The proposed CFPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, careful design of the project has avoided wetland impacts where possible and minimized unavoidable wetland impacts to the maximum extent practicable, while still meeting the overall project purpose. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petition does not add density to the neighborhood and as a result the subject property will not increase traffic or add adverse impacts to other public facilities. PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 2 of 3 Agenda Item No. 8E November 28. 2006 Page 16 of 257 Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. 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: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria for a passive park requires an evaluation of the extent to which development standards and deviations proposed for the LASIP CRPUD will be required. PUDZ -A- 2006 -AR -9021 LASIP CFPUD November 2, 2006 CCPC Hearing page 3 of 3 Agenda Item No. 8E November 28, 2008 Page 17 of 257 REZONE FINDINGS PETITION PUDZ -A- 2006 -AR -9021 Chapter 10.03.05.G 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: Countv staff has reviewed this petition and has offered an in -depth analysis of the relevant goals, objectives and policies of the Conservation & Coastal Management Element and 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 FLUE of the 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 illustrate where the LASIP CFPUD site is located and the existing residential land use in the area. Con: None. Finding: This project will be compatible with the existing land use patterns as explained in the staff report for the reason that LASIP will not be developed. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: The desi,,n, layout, configuration, and size of the subject 99± acres are sufficient in size and are compatible with the surrounding residential zoning district. Con: None. Findings: The proposed rezoning will not create an isolated district related to adjacent and nearby districts. The surrounding area is developed with residential uses; thus, the uses and the zoning districts share a use relationship that is compatible to a passive park. 4. NN'hether existing district boundaries are illogically drawn in relation to existing conditions on the proper", proposed for change. Pro: The site has substantial frontage on Collier Boulevard (CR -951) and is in scale with the surrounding land uses. Exhibit A Pa­e 1 of PUDZ- A- 2006 -AR -9021 LASIP CFPUD Agenda item No. 8E November 28, 2006 Page 18 of 257 Con: None. Findings: The district boundaries are logically drawn and the request reasonable furthermore the use will be in harmony with the surrounding area. 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is necessary; it is being requested to mitigate water management for the Lely Area Stormwater Improvement Project in compliance with the Army Corp of Engineers and the South Florida Water Management District permit requirements. Con: None. Findings: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to 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 land use will not alter the 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 a public park will encourage people to loiter after the park closes. Findings: The proposed LASIP CFPUD is compatible with adjacent land uses due to the similarities that should be realized between the surrounding residential uses and the proposed community facility use. No density is proposed and the types of noise related to a passive park should not be offensive. 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 will not generate significant traffic impacts therefore; approval of this project would be deemed compatible with surrounding land uses and will not affect the public safety. Con: The adjacent and surrounding property owners may perceive that the addition of a public park with five parking spaces could adversely impact traffic flow on Collier Boulevard (CR- 951) even though staff from the Transportation Division deemed the petition consistent. Findings: The rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts. Evaluation of this project took into account the Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 2 of 5 A aenda Item No. SE November 22, 2000 Page 19 of 257 requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent. 8. Whether the proposed change will create a drainage problem. Pro: Every project approved in Collier County involves staff to scrutinize its activity and require the developers to decrease all sub — surface drainage impacts that is generated by the developmental activities. Con: None. Findings: Development intensification has increased and area -wide flooding during a rainfall event occurs frequently. LASIP CFPUD was intended for mitigation to compensate impacts that affect eater management improvements within the Lely area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro: 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. Con • None. Findings: The proposed project will not have development on the parcel other then a passive park. For that reason, the proposed land use change will not reduce light and air circulation to the adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Protecting open space can stabilize or increase nearby or adjacent property values- - avoiding the need for increased property tax rates. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or 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 may or may not affect value. Con: None Findings: Economic studies in a wide range of urban areas have documented increases in real estate value for residences located near parks. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro: The proposed rezone is consistent with the purpose of the GMP and LDC and will not result in a detriment to the community as a whole. Con: None. Exhibit A Pa,Te 3 of 5 PUDZ- A- 2006 -AR -9021 LASIP CFPUD Agenda Item No. 8E November 28, 2006 Page 20 of 257 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 gives reasonable assurance that a change in zoning will not result in deterrence 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: The change, if granted, will not result in an enclave of property owners enjoying greater privileges and opportunities than those enjoyed by other property owners in the vicinity where there is no substantive difference in the properties themselves which justifies different designations. Con: None. Findings: The proposed public passive park complies with the GMP regulations; consequently the proposed change does not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: The existing zoning is part of a residential Planned Unit Development known as The Club Estates. The county purchased the land for mitigation for wetland impacts that will result from construction of canals and lakes within the Lely Area Stormwater Improvement Project region. Con: None. 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 denied. This petitioner is proceeding through the proper channels to obtain the Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project's development regulations provided in the CFPUD document are similar to what is allowable in the LDC. Con: None. Findings: The proposed passive park complies with the GMP and LDC which staff has evaluated the scale, density and intensity of land use and found it to be acceptable. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro: The GMP does not discourage the use of public parks within the county. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Page 4 of Agenda Item No. 8E November 28. 2006 Page 21 of 257 Con: None. 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. The evaluations 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: The proposed change will not hinder the achievement of the county's goal for public health, safety and welfare which will not be adversely affected. Con: None. Findings: As noted in Item 13 above, this site was bought by the county to compensate impacts to the wetlands and the ability to develop the property as a passive park will not influence the parcel 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 LDC regarding Adequate Public Facilities. Pro: There is no development impacts on the parcel therefore the availability of adequate public facilities and services will not be affected. Con: The proposed project is a passive park and not subject to evaluation under the Adequate Public Facilities Ordinance. Findings: During the application process staff reviewed all elements of the GMP and the LDC public facilities requirements and found it consistent and in compliance for zoning approval regardless that open -space does not provide public facilities. A final determination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development order approval process. Exhibit A PUDZ -A- 2006 -AR -9021 LASIP CFPUD Paue ; of 5 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET Agenda Item No. 8E November 28, 2006 Page 22 of 257 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403 -2400 FAX (239) 643 -6968 APPLICATION FOR PUBLIC HEARING FOR: ❑ PUD REZONE (PUDZ) ® PUD TO PUD REZONE (PUDZ -A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER To be completed by staff DATE PROCESSED ASSIGNED PLANNER APPLICANT INFORMATION NAME OF APPLICANT(S) COLLIER COUNTY TRANSPORTATION DIVISION ADDRESS 2885 SOUTH HORSESHOE DRIVE CITY NAPLES STATE FL ZIP 34104 TELEPHONE # 239 - 774 -8192 CELL # FAX # 239 -213 -5885 E -MAIL ADDRESS: TRINITYCAUDILLSCOTT aCOLLIERGOV .NET NAME OF AGENT FRED REISCHL AICP• AGNOLL BARBER & BRUNDAGE INC. ADDRESS 7400 TAMIAMI TRAIL NORTH CITY NAPLES STATE FL ZIP 34108 TELEPHONE # 239-597-3111 CELL # 239 - 877 -8546 FAX # 239 - 254 -2829 E -MAIL ADDRESS: REISCHL(a)ABBINC.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 Nearing For PUD Rezone 6/14/04 ASSOCIATIONS November 28, 20Q Complete the following for all Association(s) affiliated with this petition. Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS NAME OF MASTER ASSOCIATION: MAILING ADDRESS NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY CITY CITY CITY _ STATE ZIP _ STATE ZIP STATE ZIP 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). The Darcel is owned by Collier County, a political subdivision of the State of Florida Name and Address Percentage of Ownership b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Application For Public Hearin_ For PUD Rezone 6,14 04 Name and Address Percentage of Owners genda Item No. 8E ember 28, 2006 Page 24 of 257 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 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 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. Application For Public Hearing For PUD Rezone 6/14/04 Name and Address aenda Item No. SF— Percentage of Owner ember 28. 2006 Page 25 of 257 Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ❑ leased ❑ Term of lease yrs. /mos. July 25, 2002 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. PROPERTY LOCATION Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre - application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Application For Public I learinz For PUD Rezone 6'14'04 Section /Township /Range 15 / 50 /__26 Lot: Block: Subdivision Plat Book Page #: Property I.D. #:_ 00418560006 Metes & Bounds Description: Size of property: Agenda Item No, 8E November 28, 2006 Page 26 of 257 • X ft. = Total Sq. Ft. Acres 99.3 Address /general location of subiect property: The property is located along Collier Blvd South of Club Estates Drive and North of Na les Lakes Country Club. It is currentiv a Part of the Club Estates PUD. PUD District (LDC 2.03.06): ❑ Residential ® Community Facilities ❑ Commercial ❑ Industrial l ADJACENT ZONING AND LAND USE Zoning Land use N PUD The Club Estates PUDI Residential S PUD (Naples Lakes County Club PUD) Residential E ROW Collier Blvd ROW W_ PUD (Shadow Wood PUD) Airport Runway 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). The Countv owns 10 acres of undeveloped land used for mitigation It abuts the subiect site diagonally to the northwest Section /Township /Range Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00409880009 Metes & Bounds Description: REZONE REQUEST This application is requesting a rezone from the PUD (The Club Estates) zoning district(s) to the PUD (LASIP Conservation Area) zoning district(s). Present Use of the Property: Off -site mitigation for the Lely Area Stromwater Improvement Projects Proposed Use (or range of uses) of the property: Off -site mitigation for the Lely Area Stornwater Im rovement Pro -ect o ens ri— and assive recreation. Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 3E Ordinance No.: 99 -31 �- ,,.�„� � 2g, 2005 Original PUD Name: The Club Estates PUD v Page 27 of 257 EVALUATION CRITERIA 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 10.02.13.81 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. 7. The ability of the subject property and of surrounding areas to accommodate expansion. 8. 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. Previous land use petitions on the subject property: on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? Application For Public Bearing For PUD Rezone 6'14'04 To your knowledge, has a public hearing been held Agenda Item No. 8E November 28, 2006 Page 28 of 257 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 rocessin or otherwise active) ursue the rezoning fora eriod 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 10.03.05.Q.) Application For Public Hearing For PUD Rezone 6/14!04 Agenda Item No. BE November 28. 2006 STATEMENT OF UTILITY PROVISIONS Page 29 of 257 FOR PUD REZONE REQUEST APPLICANT INFORMATION NAME OF APPLICANT(S) COLLIER COUNTY TRANSPORTATION DIVISION ADDRESS 2885 SOUTH HORSESHOE DR. CITY NAPLES STATE FL ZIP 34104 TELEPHONE #239 - 774 -8192 CELL # FAX # 239 - 213 -5885 E -MAIL ADDRESS: TRINITYCAUDILLSCOTT COLLIERGOV.NET ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): N/A LEGAL DESCRIPTION Section /Township /Range 15 50 / 26 Lot: Block: Subdivision: Plat Book Page #: Property I.D. #: 00418560006 Metes & Bounds Description: No sewer or water service is to be provided. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM ❑ a. CITY UTILITY SYSTEM ❑ b . FRANCHISED UTILITY SYSTEM PROVIDE NAME ❑ d . PACKAGE TREATMENT PLANT (GPD capacity) e . SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM ❑ b. CITY UTILITY SYSTEM ❑ c. FRANCHISED UTILITY SYSTEM ❑ PROVIDE NAME ❑ d. PRIVATE SYSTEM (WELL) STATEMENT OF UTILITY PROVISIONS — page 2 Application For Public Hearing For PUD Rezone 6 '1404 Agenda Item No. 8E November 28, 2006 Page 30 of 257 TOTAL POPULATION TO BE SERVED: N/A PEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAK _N /A AVERAGE DAILY N/A B. SEWER -PEAK N/A AVERAGE DAILY N/A IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIREDN/A 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 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. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre - application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. AFFIDAViT Application For Public Hearing For PUD Rezone 6 14/04 ovember 28, 2 7 WeA being first duly sworn, depose and say that we/l am /are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/l further authorize our /my representative in any matters regarding this Petition. Signature of Property Owner Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner to act as The foregoing instrument was acknowledged before me this day of 200 by who is personally known to me or has produced as identification. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) TRAFFIC IMPACT STATEMENT (TIS) Application For Public Hearing For PUD Rezone 6i14'04 A TIS is required unless waived at the pre - application meeting. The TIS required mtd�r e da Item No. 06 major or minor as determined at the pre - application meeting. Please note the following w t� @q (3fr �Q6 TIS submittals: MINOR 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 petition of ten acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shall include the following: 1. Trip Generation: Annual Average Daily Traffic (at build -out) Peak Hour (AADT) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right -of -way) such as providing or eliminating an ingress /egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4,5.1,5.2,7.2 and 7.3. A Major TIS shall address all of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffic 3. Future Traffic 4. Through Traffic 5. Planned /Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development TRAFFIC IMPACT STATEMENT (TIS) STANDARDS The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition: Application For Public Hearing For PUD Rezone 6/14/04 A e da It n No. 8c 1. Trip Generation: Provide the total traffic generated by the project for eachWft_�Wirlgt }06 project's Radius of Development Influence (RDI) in conformance with the acceptdbdd " fi @57 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, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. 5 . Radius of Development Influe ice (RDI): The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C ". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road miles from the proposed project rather than a geometric radius. 6 . Intersection a peak-hour kshour crintersection ical tlane analysis required projected for toall exceedintersections l 200 within Veh cles RDI er /Ho r the sum of the pea (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. 8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County 'Land Development Code. This estimate shall be for the projected development areas Application For Public Hearing For PCD Rezone 6'14'04 within the projects RDI. A map or list of such lands with potential traffic impact c e a.ltem,,10 8E be provided. RMR s2;?C*06 Page 34 of 257 9. Throuah Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned /Proposed Roadway Improvements All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. 11. Proiect Phasina• When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item-No.-8E Page 35 of 2q7 PUD REZONE APPLICATION SUBMITTAL REQUIREMENTS GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre - application meeting. GENERAL APPLICATION To be completed in full. PRE - APPLICATION MEETING NOTES Provide copies of notes taken at pre - application meeting ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 PUD DOCUMENT Refer to LDC Section 1 0.02.1 3 for required information DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM as part of the submittal package. FEES Required fees in accordance with current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. Application Fee / PUD Rezone = $10,000 + $25 per acre / PUD to PUD Rezone = $8,000 + $25 per acre Comprehensive Planning Consistency Review = $2,250 Legal Advertising Fees / BCC = $363 ► CCPC = $729 Fire Code Review = $150 EIS Review = $2,500 ENVIRONMENTAL IMPACT STATEMENT (EIS) An Environmental Impact Statement (EIS), as required by Section 10.02.02. of the Land Development Code (LDC) , or a request for waiver if appropriate. AERIAL PHOTO Application For Public Hearing For PUD Rezone 6'14;04 Whether or not an EIS is required, two copies of a recent aerial photograph, taken wil a Item O 6 twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said g��g{�7 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). BOUNDARY SURVEY Boundary Survey, no more than six months old, abstracted, signed, sealed and prepared by a Florida registered land surveyor, showing the location and dimensions of all property lines, existing streets or roads, easements, rights -of -way, and areas dedicated to the public. Survey shall be accompanied either by an Attorney's Opinion of Title or by a sworn statement from the property owner(s) stating that he or she has provided sufficient information to the surveyor to allow the accurate depiction of the information on the survey. HISTORICAL & ARCHAEOLOGICAL SURVEY A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre - application meeting) CONCEPTUAL SITE PLAN If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee /Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 81/2" x 1 1 " copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; • all existing and proposed structures and the dimensions thereof, • provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), • all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], • required yards, open space and preserve areas, • proposed locations for utilities (as well as location of existing utility services to the site), • proposed and /or existing landscaping and buffering as may be required by the County OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED _ A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. Application For Public Hearing For PUD Rezone 6/14/04 ARCHITECTURAL RENDERING Architectural rendering of any proposed structures Agenda Item No. 8E November 28, 2006 Page 37 of 257 TRAFFIC IMPACT STATEMENT (TIS) Unless waived at the pre - application meeting, a Traffic Impact Statement (TIS) must be submitted. Please refer to attached TIS standards. UTILITY PROVISIONS STATEMENT A copy of the Utility Provisions Statement with required attachments and sketches. Please refer to attached form. AFFORDABLE HOUSING DENSITY BONUS AGREEMENT Including all Appendices and Exhibits PERMITS Copies of State and /or Federal permits POSTAL SERVICE LETTER OF NO OBJECTION Provide a copy of the letter notifying the U.S. Postal Service of the proposed project. The letter should be addressed to: Robert M. Skebe U.S. Postal Service 1200 Goodlette Road Naples, Florida 34102 -9998 NEIGHBORHOOR INFORMATIONAL MEETING (NIM) Required per LDC Section 10.03.05.E. Please see attachment for requirements. OTHER 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. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees BE ADVISED THAT SECTION 10.03.05.8.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY. NEIGHBORHOOD INFORMATIONAL MEETING LDC Section 10.03.05.E Application For Public Hearing For PUD Rezone 6 ; 1404 Applicant must conduct at least one Neighborhood Informational Meeting (NIM) ��y�lIi�ffg��en�a I e�n N 86 review and comment on the application and before the Public Hearing is sched��geiif}gdi�06 Planning Commission. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 10.02.12.C. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who have formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Department and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled date of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place an advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one - fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Department. As a result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a part of the record of the proceedings provided to the Zoning Department. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. Application For Public Hearing For PUD Rezone 6,'14/04 da Item No. 8E Page 39 of SUBMITTAL SUFFICIENCY CHECKLIST PUD REZONE or PUD TO PUD REZONE THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET Check here if not required No. of Copies ❑ 24* Completed Application ❑ ® 24* Pre - Application Meeting Notes ® 24* Legible Conceptual Site Plan 24" X 36" (11 X 17 Per Mike Bosi) ❑ ® I Conceptual Site Plan 8 l/2" X 11" ❑ ❑ 24 PUD Document and Master Plan ❑ ®1 24" x 36" Master Plan ® 2* Warranty Deed or Contract for Sale ❑ ® J* Owner /Agent Affidavit, signed & notarized ❑ ❑ 4 Environmental Impact Statement or waiver ❑ 5* Aerial Photos with Habitat Areas Identified (in State & Fed Permits) ❑ ❑ 4 Utility Provisions Statement with Sketches F-17 Traffic Impact Statement or waiver F-14 Historical Survey or waiver ❑ 4 Architectural Rendering of Proposed Structures ® 4 Boundary Survey, no more than 6 months old(24" x36 ") ❑ ® 4 Copies of State and /or Federal Permits ❑ ❑ 4 Affordable Housing Density Bonus Agreement, if applicable ❑ 1 Electronic Copy of PUD Document & Plans ❑ ❑ I Copy of Letter notifying the U.S. Postal Service of project 0 2 Addressing Checklist ❑ Required Fees INTERDEPARTMENTAL TRANSFER * One additional copy required if for Affordable Housin; As the authorized agent /applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent /Applicant Signature Application For Public Hearing For PUD Rezone 6 14 "04 Date Agenda Item No. 8E November 28, 2006 Page 40 of 257 ORDINANCE NO. 06- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE CLUB ESTATES PUD TO LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP) CONSERVATION AREA COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD). THE SITE IS FOR PRESERVE, WATER MANAGEMENT AND PASSIVE RECREATIONAL USES FOR PROPERTY LOCATED ON THE WEST SIDE OF COLLIER BOULEVARD (CR 951), SOUTH OF CLUB ESTATES DRIVE AND NORTH OF NAPLES LAKES COUNTRY CLUB, IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 99.3 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -31, THE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Fred Reischl, AICP of Agnoli, Barber & Brundage, Inc., representing the Collier County Transportation Division, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 50 South, Range 26 East, Collier County, Florida, is changed from The Club Estates PUD to LASIP Conservation Area Community Facilities Planned Unit Development (CFPUD), in accordance with the PUD Document, attached hereto as Exhibit "A ", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 0441, the Collier County Land Development Code, as amended, is /are hereby amended accordingly. SECTION TWO: Ordinance Number 99 -31, known as The Club Estates PUD, adopted on May 11, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page I of 2 Agenda Item No. 8E November 28, 2006 Page 41 of 257 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOP'T'ED by super - majority vote of the Board of County Commissioners of Collier County, Florida, on this _ day of 2006. ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency Marjorie M. Student - Stirling Assistant County Attorney PUDZ.A- 2D06-AR -9021 /MZ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Page 2 of 2 Agenda Item No. 8E November 28, 2006 Page 42 of 257 LASIP CONSERVATION AREA A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE LASIP CONSERVATION AREA, A COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: COLLIER COUNTY TRANSPORTATION SERVICES DIVISION 2885 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 PREPARED BY: AGNOLI, BARBER & BRUNDAGE, INC. 7400 NORTH TAMIAMI TRAIL NAPLES, FL 34108 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER _ AMENDMENTS AND REPEAL EXHIBIT "A" Agenda Item No. 8E November 28, 2006 Page 43 of 257 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 SECTION 2 PROJECT DEVELOPMENT 2 - 1 SECTION 3 CONSERVATION AREA 3 -1 SECTION 4 DEVELOPMENT COMMITMENTS 4 - 1 Agenda Item No. 8E November 28, 2006 Page 44 of 257 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan EXHIBIT `B" Location Map EXHIBIT "C" Boundary Survey Agenda item No. 8E November 28, 2006 Page 45 of 257 STATEMENT OF COMPLIANCE The use of approximately 99.3 acres of property in Collier County, as a Community Facilities Planned Unit Development (CFPUD) to be known as the LASIP Conservation Area CFPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The uses of The LASIP Conservation Area CFPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: The subject property is within the Conservation Designation as identified on the Future Land Use Map (FLUM) as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE). 2. The subject property will place no demands upon public facilities and will add to the public infrastructure, per Objective 2 of the FLUE. 3. The project development is compatible 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 project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. Im Agenda Item No. 8E November 28, 2006 Page 46 of 257 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the LASIP Conservation Area CFPUD. 1.2 LEGAL DESCRIPTION The subject property, being 99.3 acres, is described as: Commencing at the northeast corner of Section 15, T50S, R26E, Collier County, Florida; thence along the North line of said Section 15, S87 037'14 "W 100.16 feet to the West right -of -way line of CR -951 for a PLACE OF BEGINNING; thence along said West of right -of -way line S00 051'53 "W 892.87 feet; thence S87 °43'59 "W 4870.63 feet to the West line of said Section 15; thence along said West Section line N00 °15'23 "W 882.49 feet to the Northwest corner of said Section 15; thence N87 °37'14 "E 4888.46 feet to the place of beginning, containing 99.3 acres more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of Collier County, a political subdivision of the State of Florida, 3301 Tamiami Trail East, Naples, FL 34112 -3969 Agenda item No. 8P November 28, 2006 Page 47 of 257 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the LASIP Conservation Area CFPUD shall be in accordance with the contents of this Document, PUD- Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the LASIP Consery ation Area CFPUD shall become part of the regulations that govern the manner in which the CFPUD site may be used. D. Unless modified, waived or excepted by this CFPUD, other provisions of the LDC, where applicable. remain in full force and effect with respect to the use of the land which comprises this CFPUD. E. Uses permitted by the approval of this petition will be subject to a concurrency review for adequate public facilities. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, is illustrated graphically by Exhibit 2 -1 Agenda Item No. 8E November 28, 2006 Page 48 of 257 "A ", PUD Master Plan. There shall be one land use tract, the general configuration of which is also illustrated by Exhibit "A" TYPE ACREAGE TRACT "C" Conservation 99.3 ACRES SECTION III CONSERVATION AREA 3.1 PURPOSE Agenda Item No. 8E November 28, 2006 Page 49 of 257 The purpose of this Section is to restore, protect, and preserve the native vegetative communities and wildlife habitat; and to allow passive enjoyment by the citizens of and visitors to Collier County. 3,2 PERMITTED USES As stated in the Conservation Designation of the FLUE of the GMP, passive recreational uses are permitted. The future land use designation of this CFPUD is Conservation. A. Principal Uses: 1. Restoration, protection and preservation of native vegetative communities and wildlife habitat. 2. Stormwater management. B. Accessory Uses: 1. Passive recreational uses, subject to the issuance of permits by the South Florida eater Management District and the US Army Corps of Engineers, and limited to the following: i. Nature Trail - A trail at grade, set back a minimum of 50 feet from the north, south and west property lines. ii. Observation Deck — A maximum of 400 square feet in area. iii. Signage — One entrance sign: a minimum of 2 feet by 3 feet in size; interpretive sign(s): 3 feet by 4 feet in size; rules signs: a maximum of 3 feet by 4 feet in size. iv. Parking Areas — Five parking spaces, each measuring 12 feet by 20 feet, including one handicap space; constructed of crushed shell, geotextHe pervious fabric or a combination thereof; bicycle rack and trash cans. V. One Picnic Pavilion — A maximum of 400 square feet in area with one picnic table, 6 feet in length. C. Other uses deemed comparable with the foregoing uses and compatible with surrounding properties as determined by the Board of Zoning Appeals pursuant to the process set forth in the LDC. 3 -1 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE Agenda item No. 8E November 28, 2006 Page 50 of 257 The purpose of this Section is to set forth the development commitments for the use of the project. 4.2. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this CFPUD in effect at the time the development order permit is sought to which the regulations relate. The applicant, its successor and assigns shall be responsible for the commitments outlined in this Document. The applicant, its successor or assigns shall be bound by the Master Plan and the regulations of the CFPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. 4.3 ENVIRONMENTAL An environmental impact statement, in accordance with the requirements of the LDC, shall be submitted at the time site improvements are proposed. 4.4 TRANSPORTATION The applicant shall provide payments for applicable sidewalks and bike lanes along the western right -of -way of Collier Boulevard (CR 95 1) and for modification of the road work plan to provide an access point along Collier Boulevard (CR 951) prior to completion of the six -lane widening of Collier Boulevard (CR 951). 4 -1 Agenda Item No. 81= November 28, 2006 Page 51 of 257 AFFIDAVIT Oi re.G�A Weill, �D ILY �W' being first duly sworn, depose and say that we/l am /are the owners of the prope ty 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/l understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We/l further authorize '% W&t -\ ii to act as our /my representative in any matters regarding this Petition. � j2 It,l of Signatu o Property Owner Signature of Property Owner �� A�r/1 A ti 0E(--T UR Typed or Printed Name of Owner Typed or Printed Name of Owner The foregoing ins ument was acknowledged before me this day of who i ersonal� to me or has -pro uced 200 by ' - l'll'Y1 Q� P�- as identification. State of Florida County of Collier PUDZ -A- 2006 -AR -9021 PROJECT #2006040027 DATE: 4/25/06 HEIDI WILLIAMS (Signature of Notary Public - State of Florida) IM i �skftof ' �� PC 4:8101FAI"W MAW AwL (Print, Type, or Stamp Commissioned Name of Notary Public) Book 3091 - Page 2521 Agenda ¢t 1� Novern e 8, Page 52 of 257 3031057 OR: 3091 PG: 1tfC0mD in 4Fi2an >l1C04DS of mull C 01/15/2002 at 12:001K 9111011. Ilan, CL PROJECT: tally Ara& 9kmwaber ImMwemeM (31101) Call$ PARCEL Na: 99 Acre Pamd MPH FOLIO Nm ODi1tt680006 roc-.To OPUS 0ltn: TRlIISPaOTdtiQN /tIGHi 0?� kU WARRMTY 0681) ILUSI CAUIPICC OF w 213-38451101 1 THIS WARRANTY DM is reads ft$ day of TA 1-4f ,2002, by STEPHEN M. BAVA12E AND MAYER E. OUTTTi M. as mpLcement Trustees for is+a Thrs! under the VAII of tfarnwd M. wager, by hMmmant startled in O-12. 900k 9061, page 2609. PuMle Records of Collier County, Florida, whose n &ft address is do Mayer E, Gugmnn. Lavin & Gann. W2rre a" r Fioor: TOwUN M .?120+.4125 (hereinafter ftu dually or wilecisvey ft. raMo►j. to COLLIER COUNTY, a potfdcal subdivision of the State of Pbncd ,ts successors and aseCrAL WVes host OMM address ;s 3301 Tamtami Tn:n East, Naples, FINIft. 34112 f ftmiAW tar referred to as Y3rsaose "), (Wherever used herein the berms `G mme anV(irantae' a as the parks to Mis rr Mxneru and their respective heirs, legal repreaaMStives, tauooas m and assign-) W UN98SETIt That Cur Grantor, for and in oonsidaralbn of *0 sum of Ten dollars (1110.00) and other v"ble consideration. mcalpt whera0f is hereby acknowladgsd, hereby grants. barpains, salt, Want raerisss, ruses, =TAY$ and oar*m unt the Cirmnbsa, all that certain Wad siiwte in Collier Camty. Florida. too we: See Attsdied ExNbd A' which Is inowpoaftd herein by reference. &4ect to easements. reWietionS, and reservaWM of retard. THIS LAND rS NOT NOW, NOR HAS IT EVER BEEN THE 140MES M PROPERTY OF THE GRANTORS, NOR 18 TT CONT1000t1S TO ANY HOMESTEAD PROf►ERiy OF THE C+'RANTORS. TOCIMER with all M» tanamerrts, haredUmenb and appurtenances thereto brdonging or in anywise appertaining. TO HAVE AMU TO HOLD the same in fee sirup$ forayer. AND land in fee #w Granlor hereby than wve wttt wM said Cimfta that tM Grantor is tarYfulty rteized 0f sued _ good risyu and lawfirt auslr0rity m sell and convey Said land; that Persons vWlwwomr', and that said fond $ fret Of Oil *Vumtx"artraas dams a 01 n t the above. CtairraF aacapt as noted abOVe, IN WITNESS WHEREOF, ft said Grantor has signed and sealed these presents tfw day and year fist above wrhan. gated: �! x 2002 I'LIDZ -A- 2006- AR_902I - -- - - - -- PROJECT #2006040027 DATE: 4125106 HEIDI WILLIAMS http:// www. collierappraiser .com/viewer/Image.asp? 11/17/2005 DEPARTMENT OF THE .ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1526 ROYAL PALM SQUARE BOULEVARD, SUITE 316 FORT MYERS, FLORIDA 33919 US Army Corps of Engineers Fort Myers Regulatory Division South Permits Branch/West Permits Section SAJ- 2002- 2436(IP -MJD) Collier County Board of County Commissioners John H. Bolt, P.E. Colter County Stormwater Management Director 3301 Tamiami Trail East Naples, Florida 34112 Dear Mr. Bolt: JUL 2 8 20051 Agenda Item No. 8E November 28, 2606 Page 53 of 257 Enclosed is a Department of the Army (DA) permit and a Notice of Authorization for application number SAJ- 2002- 2436(IP -MJD), to construct a surface water management system. The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The project site is bounded by C.R. 951 (Collier Blvd.) to the east and Radio Road to the north, in Sections 3 -10, 15- 25,29 -31 and 36 Township 50 South, Range 26 East, Collier County, Florida. The enclosed placard is required to be prominently displayed at the construction site. You may begin the work authorized by this permit. This permit does not relieve you of your responsibilities for any other Federal, State of local permit. In order to determine compliance with the permit, U.S. Army Corps of Engineers personnel or a contractor may inspect the project site at any time. A copy of the enclosed permit and drawings, in addition to the placard, must be available at the site of work at all times. Please be aware that failure to comply with the permit limits or the conditions may result in enforcement actions to include civil penalties. If, in the future, you choose to modify your permitted work, this must be requested in writing and drawings showing the proposed changes must also be submitted. Any requests for extensions beyond the five year time limit must be requested, in writing, at least one month prior to the expiration date of the permit. Sincerely, ence C ief, Reg PUDZ -A- 2006 -AR -9021 PROJEC 1 if2UU61�40V2 DATE: 4/25/06 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Enclosures Copy Furnished: Agenda Item No. 8E November 28, 2006 Page 54 of 257 SFWMD, Fort Myers (permit #11 -01140 -S) USFWS -2- .0 I r4' 0 fib all I fib ti 00 Penmittee: Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Permit No: SAJ- 2002 -2436 (IP -MJD) Issuing Office: US Army Engineer District, Jacksonville Agenda Item No. 8E Noy 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 US 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 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. The project also includes the creation of spreader lakes and the creation of 1.6 acres of mangrove wetlands. The work is to be completed in accordance with the attached plans numbered SAJ -2002 -2436 (IP -MJD) 12 sheets dated July 19, 2005. These drawings can be found in Attachment A, which is attached to, and becomes part of, this permit. Project Location: The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The proposed project site is bounded by C.R. 951 (Collier Boulevard) to the east and Radio Road to the north in Sections 3 -10, 15 -25, 29 -31 and 36, Township 50 South, Range 26 East, Collier County, Florida Latitude 26 °07'00" N and Longitude 81 °43'34" W Agenda Item No. 8E November 28, 2006 Page 57 of 257 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on July 25, 2015. 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. Shall you wish to cease to maintain the authorized activity or shall 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. 8E November 28, 2006 Page 58 of 257 SAJ -2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Special Conditions; 1. The permittee shall notify the Corps in writing at least 48 houra 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. This commencement notification, status reports, monitoring reports, and all other reports regarding this permit shall be submitted to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Section, P.O. Box 4970, Jacksonville, Florida 32232- 0019 and shall reference the permit number. 2. The mitigation areas consisting of 10.1 and 99.2 acres of cypress and cypress /pine wetlands and uplands shall be managed in perpetuity to control nuisance and exotic vegetation and be placed into a conservation easement granted to the South Florida Water Management District within 180 days from commencement of activities authorized by this permit. 3. The applicant shall commence construction of the compensatory mitigation concurrent with the on -set of wetland impacts and finish all mitigation, exotic vegetation removal activities within one year. 4. The permittee shall ensure that the 109.3 acres of preserve areas remain in a natural state in perpetuity. The natural preserve area shall not be disturbed by any dredging, filling, land clearing, agricultural activities, planting, or any other construction work whatsoever (except as necessary to comply with the exotic removal and any supplemental plantings). The only future utilization of the preserved area will be as a natural area. With the exception of the mitigation plan as specified in Attachment C (11 pages), any work within the 109.3 acres of on -site preserves shalt be approved by the Corps of Engineers. Such approval may require a modification to the DA permit, additional mitigation or may require initiation of consultation with the FWS. 5. The permittee shall monitor the 109.3 -acre on -site compensatory mitigation area. 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. The baseline monitoring and time -zero monitoring reports shall be submitted to the Corps within 60 days of data collection. All monitoring reports shall be mailed to the U.S. Army Corps of Engineers, Regulatory Division, Enforcement Branch, P.O. Box 4970, Jacksonville, Florida 32232 -0019. Each monitoring report shall include data collected on vegetation, wildlife, rainfall, wetland water levels and other information as described in the "Mitigation Area Monitoring and Maintenance Program", and shall also include the following items: a. Department of the Army permit number; b. Sequence number of the report being submitted; 3 Agenda Item No. 8E November 28, 2006 Paae 59 of 257 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project c. Date the next report is expected to be submitted, and d. Brief summary of the status of the mitigation including any problems encountered e. and the remedial actions taken. 6. Annual monitoring shall continue for a minimum of five years or until the success criteria has been met for three consecutive years following the completion of the mitigation activities. A request for a final inspection shall be submitted with the last monitoring report. The Corps of Engineers shall make the success determination. 7. The 109.3 -acre mitigation area shall be enhanced and managed in perpetuity for the control of invasive exotic vegetation as defined by the Florida Exotic Pest Plant Council's 2003 List of Invasive Species (Category 1) (http:1fflePPc.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 in 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 5% for all strata. Any other work or alteration in these areas will require modification of this Department of the Army permit and possibly additional mitigation. 8. This Corps permit does not authorize you to take an endangered species, in particular the bald eagle. In order to legally take a listed species, you must have separate authorization under the ESA (e.g., and ESA Section 10 permit, or a BO under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed FWS BO 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 BO (Attachment D, 17 pages) which terms and conditions are incorporated by reference in this permit. Failure to comply with the temps and conditions 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 determinie compliance with the terms and conditions of its BO, and with the ESA. 9. Nine water quality monitoring stations will be installed and monitored for a minimum of five years as contracted through the Collier County Pollution Control & Prevention Department. A station will be located a the inflow and outflow of each of the three spreader lakes. Discharges will be monitored a these six station -. These six stations are in addition to the three upstream stations proposed by Collier County in September 2004. 4 Agenda Item No. 8E November 28, 2006 Page 60 of 257 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project 10. The water quality parameters and the monitoring frequency will be the same as presently conducted by Collier County. Each of the nine stations will be samples monthly, and the samples will be analyzed for 36 parameters including physical properties, biological and microbiological components, nutrients, metals and important ions. Nutrients, total suspended solids and turbidity are of special interest. 11. Annually, Collier County will report water quality and discharge data to EPA, the South Florida Water Management District and the Rookery Bay National Estuarine Research Reserve. These organizations will recommend additional monitoring, trbatment or adaptive management, if necessary. 12. Within 60 days of completion of the work authorized and mitigation, the permittee shall provide to the US Army Corps of Engineers as -built drawings of the authorized work, including mitigation, and a completed As -Built Certification Form. (Attachment K, 3 pages) 5 Agenda Item No. 8E November 28.. 2006 Page 61 of 257 SAJ -2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) 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. 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. R Agenda item No. 8E November 28, 2006 Page 62 of 257 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project 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 with the terms and conditions of your permit and for the initiation 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. M Agenda Item No. 8E November 28. 2006 Page 63 of 257 SAJ- 2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (TYPE OR PRINYPERMITTEE NAME AND TITLE) -7. -Z9. 05 (DATE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has si ed below. '�-A ds�� � 2� (DIS ICT ENG! R) (DATE) Robeh M. Carpen Colonel, U.S. Army District Engineer THIS PERMIT CONTAINS 11 ATTACHMENTS, TOTALING 59 PAGES Attachment A — Permit Drawings (12 pages) 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 — (4 Pages) Attachment C — Compensatory Mitigation Plan (11 pages) Attachment D — U.S. FWS Biological Opinion (17 pages dated May 13, 2002) Attachment E — Wood Stork Management Plan (2 pages) Attachment F — RCW Management Plan (2 pages) Attachment G — Bald Eagle Management Plan ( 2 pages) Attachment H — American Crocodile Management Plan (2 pages) Attachment I — Eastern Indigo Snake Protection Plan (3 pages) Attachment J — Self - Certification Statement of Compliance (1 page) Attachment K — As Built Certification (3 pages) R Agenda Item No. 8E November 28, 2006 Page 64 of 257 SAJ -2002 -2436 (IP -MJD) Lely Area Stormwater Improvement Project 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 Permittee: Collier County Public Utilities 3301 Tamiami Trail East Naples, Florida 34112 PERMIT NUMBER: SAJ - 2004 -4078 (IP -MJD) LOCATION & AUTHORIZED WORK: To discharge approximately 7,395 cubic yards of fill material into 11.6 acres of wetlands, excavate approximately 128,324 cubic yards from 28.3 acres of wetlands to construct a surface water management system. The project - also includes the creation of spreader lakes and the creation of 1.6 acres of mangrove wetlands. The project site includes freshwater wetlands located within the Lely Main, Lely Branch and Lely Manor Canal Basins. The proposed project site is bounded by C.R. 951 (Collier Boulevard to the east and Radio Road to the north in Sections 3 -10, 15 -25, 29 -31 and 36 Township 50 South, Range 26 East, Collier County, Florida (TRANSFEREE - SIGNATURE) (DATE) (NAME AND -TITLE - PRINTED/TYPED) (NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTED/TYPED) (TELEPHONE NUMBER) The above transfer agreement shall 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 9 Agenda Item No. 8E November 28, 2006 Page 65 of 257 Attachment A Permit Drawings 12 pages Agenda Item No. 8E LELY AREA STORMWATER IMPROVEMENT PROJECT " 8, 2006 of 257 SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA VICINITY MAP OVERALL REGIONAL BOUNDARIES Collier County BOCC SAJ -2002 -2436 (iP -MJD) July 19, 2005 Page 1 of 12 w a O a a a a Wil �a <� .i I t� !♦ it — if � � T. Cr . —...v' ar L r �at� ' • iiJ�i�l',� �i�L" �i .ICI �" -, rl Ar _ -1:_ :,�'�, fly • ..� riT i i to i . fly sib n i 4 r Si� �'� 1 L J� 0� ^� � i J � • I J f;; Bil lu , iiww, Q . _ ®•_ 1 LW. q ►'� � I HOLLVnNILL J 109 8 dO 8 JHM SS's RNrl[ ,"),LVM 0 p $ ° UaL CA O N N O U o ai c") =� 7�om O Q to y- - d�1��a�umfA}' ��S�: Liiii7�. 2�a+^ �i4= %c:r_. }'.'..c= .--= _.- _.�.����a _ --ir- �r w =_� =j %J.� .;. °�_- i`G ��_— � �'�: ., : =�� =1 _J 111111 � / Agenda Item No. 8E November 28, 2006 Page 70 of 257 Attachment A Permit Drawings 12 pages Agenda Item No. 8E �pv LELY AREA STORMWATER IMPROVEMENT PROJECT ((�� 1 8, 2006 of '6 SOUTHEAST NAPLES, COLLIER COUNTY, FLORIDA RADIO ROAD VICINITY MAP OVERALL REGIONAL BOUNDARIES W a O W a a O in M Collier County BOCC SAJ -2002 -2436 (IP -MJD) July 19, 2005 Page 1 of 12 M, UTF ,t , I, I M17 0-7 '?P� 41b "IN2 As jL jL21,' 1 r Axv ar — rin ' 41 T. 1. IG '4 IRA I IF r ) r- LO � N O J � i� z � � z � � o J 16 �a�aaaa 4 � U e e, o 0 i 00 LL- Z p W \i A ■tt /ttttt a • � � _ ? MILE _ ► IVA FM /goes O/ftl / /Jt♦\ 'I al �RL.n Utt cmQO 2 a r � o � o q m a a my Z a G �:,c C) a ®C I ! I I I o cv o CD m µ- 0 co UcQ»�ININIMINNIS ao. 7_�� ,�•_ �_ .��`�.. �. ... �.� i .��! �`jL���ii "'dC 1G�7�o��" /��� —ilia. Agenda Item No. 8E November 28, 2006 Page 75 of 257 416E 411E2 . 416E2 a 612 630E2 r r 52t! r 743' 426E1 r • , 630E2 . -- MITIGATION AREA 612 514 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES %0 ° CODE TOTAL I •612 Mangrove Swamp 1.6 100.09'a • Wetland Wetland Outside MHigation Area Collier County BOCC Surface Waters Outside Mltiaation Area SAJ- 2002 -2436 (IP -MJD) Figure G -5. Mangrove restoration mitigation area proposed conditions m July 19, 2005 ,Page 10 of COOE 411 PMW FWwoodt 416 PIM Fk*MC . GrWAIWd Und 422 Brain PWppW 426 Tropical Hndwood� 416 E3 427 426 Uva Oak Cf AXW Pdm 527 Slone WMw MwmgWnt d Lake 612 MWgrow 617 Mbnd Wa6and Hardwoods 621 cyprw 624 Palm 630 Mond Wa6and HWdwood A COMM 624E3 Agenda Item No. 8E November 28, 2006 Page 75 of 257 416E 411E2 . 416E2 a 612 630E2 r r 52t! r 743' 426E1 r • , 630E2 . -- MITIGATION AREA 612 514 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES %0 ° CODE TOTAL I •612 Mangrove Swamp 1.6 100.09'a • Wetland Wetland Outside MHigation Area Collier County BOCC Surface Waters Outside Mltiaation Area SAJ- 2002 -2436 (IP -MJD) Figure G -5. Mangrove restoration mitigation area proposed conditions m July 19, 2005 ,Page 10 of _ AC. 07 ii C C CK SANTA + f BARBARA BLVD. Note: Base map and mitigation ske information received from Agnoli, Barber 8 Brundage, Inc. and Collier County Government Websile. plillill ■ Ada -#em No. 8E 8, Page 6 of f 257 257 —CR 951 Collier County BOCC SAJ- 2002 -2436 (IP -MJD) July 19, 2005 11 of 12 Page igure G -1. Proposed mitigation site lonntions �I� LLJ F_ LA z O Q L�L! 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O S Q I M ' CL c 0 A I a •o c w L v Q C IT C9 `t 7 _I I LL Agenda Item No. 8E November 28, 2006 Page 78 of 257 Attachment B WATER QUALITY CERTIFICATION South Florida Water Management District Special Conditions 4 Pages �u�viit •.v• it v117v V PAGE .2gena�iFlteai No. 8E November 28, 2006 Page 79 of 257 SPECIAL C014DITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface water management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 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. S. 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 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 to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. B. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 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 properly disposed of as required 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 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 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, :o eliminate the cause of the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and location of the sediment, erosion, and /or turbidity controls shall be subject to PAGE AgenO F ItEQn No. 8E November 28, 2006 Page 80 of 257 District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 151, buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. In addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, 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. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are 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. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 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 initial 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. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. `.8. The conservation areas depicted on Exhibits 7a -h may in no way be altered from PAGE AgenOf liEan No. 8E November 28, 2006 Page 81 of 257 their natural or permitted state. Activities prohibited within the conservatior areas include, but are not limited to: construction of placing buildings on o. 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 and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas 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 maintained 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 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and /or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E -4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (1500') zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. rZ MIT NU: 11- U114U -5 PAGE . lten n No. 8E ove''m''�ber 28, 2006 Page 82 of 257 28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 9.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. Agenda Item No. 8E November 28, 2006 Page 83 of 257 Attachment C Compensatory Mitigation Plan 14 pages Da� a�� a� I--1 z 0 Ln - -, w.L F- m 0) C m y �° c m CR ~O C LC) co F7 LaaO J C LL E W � ep T �� o Da �U� W z LL LLJ LL OV O to ' OV Z - U z LU C90 =� r - s i i Wj�` i ♦� c w LL3 Q ~�- ^ U. 9 �9c J . W N 10 -1 j �/i X 3 U J O m ,n OO m uww Q �� E wU U- D = LL a C D A LL c .E O i a i E w LU F— Q i r w I (/) zr W U ci i •; a s i � a - I 07 C7 3: V) ° 0 en maoan.oa LL LL Emm!�� c c m O a'aa�tr wv ci�c�ticn L Oi j a i a a i a .i i U W Q =O�NNN1w LL U i7 ? T Imo. 00 OD JON tL U r �N�I CSI d �7 �f aD ! t , f a a i i a a a i z W -- a `- - - ! Da� a�� a� I--1 .c t u o a m LO 't T iri N T C O _ U NoN mQ-N N � m >+ w�a Iles g m n. �mN� 017 A z 0 2°a°3e fl: z � CL s w.L F- m 0) C m y �° c m CR ~O C LULm ° ON LaaO J C LL E W � ep T �� o Da �U� W z LL LLJ LL OV O to ' OV .c t u o a m LO 't T iri N T C O _ U NoN mQ-N N � m >+ w�a Iles g m n. �mN� 017 A z 0 2°a°3e fl: 0 LL rN 0 0 OeDN.aRq �° c m CR ~O a ° ON I.- �O T r o r C W z LL LLJ LL OV O to ' OV Z - U z LU C90 =� r eE a a° Ln kn W c w LL3 Q ~�- ^ U. 9 �9c J --L W N 10 -1 j �/i X 3 U J O m ,n OO m uww Q �� E wU U- D = LL .c t u o a m LO 't T iri N T C O _ U NoN mQ-N N � m >+ w�a Iles g m n. �mN� 017 A D LO m a E to C O c V CO C x m b m i a a CD C• R m V Q �I C 1� N m L71 LL U- -j 2°a°3e fl: 0 LL rN 0 0 OeDN.aRq F oe°�MNN� m CR ~O p ° ON I.- �O T r r W M NN�O OV w to ' OV z LL3 Q Z, LLI Q Z, 0 W s � J O m ,n m LL U E U- D 0 LL a C D A LL c .E E w LU F— H (/) zr W U vi 07 C7 3: V) ° 0 en maoan.oa LL LL Emm!�� c c m O a'aa�tr wv ci�c�ticn L U. W U W Q =O�NNN1w LL U i7 ? T Imo. 00 OD JON tL U r �N�I CSI d �7 �f aD D LO m a E to C O c V CO C x m b m i a a CD C• R m V Q �I C 1� N m L71 LL Agenda Item No. 8E OFFSM FUJCFCS LEGM 411 PIAFW*Xcods 416E3 . 416 PIA FIraM►caft Gm*,oW - - Umbnowy --,y 416E3. , � 416E3 1 ' 427 Uw orc .429 Cabbop P 612 MWWows - 017 Mined wedww NVOW006 621 cw� CypM PIm COMM j. 624E3 !. %. 621E1 _ 411E2 416E2 ' - 411E1 416E3 743 `- 630E2, 428E2 `428E2 , r --: ��� 427E1 r' 422. ' 426E 1 i _ • ;', . 617 E1 743 — _ — ` ` (0.4) _ - — 630E2 :� , PROPOSED",., - - " MITIGATION 514' , " " AREA " 612. (1.2) 612 411 514 i tn'IGATION AREA FLU-CFCS LEGEND LUCFCS HABRAT ACRES % OF WE TOTAL 514 Drainage Canal 1. 46.2 I43 Spoll Areas 0.4 15.4% ' Potential 00w Wafers Wetland Outslde the Mitigation Ares lure G -3. Mangrove restoration mitigs tlon area existin conditions Collier County BOCC LASIP SAJ -2002 -2436 (IP -MJD) 7 July 19, 2005 P I Page 3 of 11 � a r__ - - -- _ YJ � N N ti 00 i m� a- > c ° �i 0 1J } W HLU CD ui i i 2 � s I �y t _ i XX i- a - D WOO e o z o L° C c! st m q ti cq o tx Ct W 0 N CD N O O O r W N o Wi JW m a eE�mw r N O> C O �' c �0 C aOOCgED U AD n- C cm m �_j0,T_ Z � ODUav 0 hmao � r c la e is E � N n S = CL a� '° S c V 1 m A— 040 ck. c Em C a fD a om z xox0x0�{{x0 LU 0 6 UJ IL tL W at . J W � o�C*4Ln wWLUW c WOO e o C o 0 c! st m q ti cq o 0 Ct W 0 N CD N O O O r W N o Wi JW m U r N O> C O �' r N p r Q C w- N O N O U AD n- C cm m J Z o. .,c c� _ a m E 0 mo 0 CL M C�C.. m W J x x o E= m C C O $ m m m o E o m W W o- E mC om Z Z — m C v, W C O 0 m C m m ¢ct m ma O �Qc G c q m apD m G V V c d 0 C W C J Q m G m W S 0 E U �U EESD:S� M z w G G t C L 'C 41 —WmaG5 'm lit m� C O z : Q <D ®�'!D o < 40 M z xox0x0�{{x0 LU 0 6 UJ IL tL W at . J W � o�C*4Ln wWLUW c LL Q O o f r t` co C o 0 � o H 0 Ct W 0 U O r W [% v JW m tD C ��w �' r N p r Qi S Yc 0 O w- N O N O U AD n- O o N •°—' N J V) o. 0 mo z xox0x0�{{x0 LU 0 6 UJ IL tL W at . J W � o�C*4Ln wWLUW c CL C O m W 0. m Q o, a O m �1 Tm LL Q O o f r t` co • o 0 o H LD ti N M co C11 O r W to 1n CO I N r UN co c+i M. G O Q D) C J C•.0 C 0 z I COL. m W € 0 ma,8 x�ac Q cZ p� LLJ Ezt�mW�0 g= m tW- IM 123 W�m��0 m mz cm y C7 w G G t C L 'C 41 —WmaG5 'm lit m� C O z : W_s cc CCe a� 0 V CL m+- o < 40 M ►-v 'J CL m 7a+ M C 0 M a U �U�a �o� 5a W m F� cn Z' VUW a_� D ® ®� D CL C O m W 0. m Q o, a O m �1 Tm Collier County Wa Item No. 8E LASIP November 28. 2006 SAJ-2002-2436 (IP-MJ-&,)88 of 257 July 19, 2005 Pa e 5 of 11 416E3 416E3 411EI 624 Cypawftw4abbep Pon SM Mbtad VV HWdW00d0& COMM 411E1 624E3 621E1 . 4116E�� 411E2 .416E2 630E2, r --S27-- 743 426E1 630E2 + MITIGATION AREA 612 ♦ :7 612 514, 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL Mangrove Swamp -- I A 100.0% Kevin L. Erwin 0 Wetland Consulting Ecologist, Inc. Wetland Outside Mitigation Area 2anberm"Famw Fwt*jm A-wo f>tot fUl)357• IN6 AMLeeQ iFft".09" JDAWWW" E—=] Surface Waters Outside Mitigation Area 17--mew PROP n Figure G-5. Mangrove restoration mitigation area proposed conditions map 411 416 Pkw GramhoW Und 422 &VAmPepper 426 lrrapW H .416E3 4" "- 0'* 4U Cabbqp Pakn 527 storm WSW Mwopawd Ll" 612 UWVVA 017 Wad W416M Herdwoode 621 CyWwa Collier County Wa Item No. 8E LASIP November 28. 2006 SAJ-2002-2436 (IP-MJ-&,)88 of 257 July 19, 2005 Pa e 5 of 11 416E3 416E3 411EI 624 Cypawftw4abbep Pon SM Mbtad VV HWdW00d0& COMM 411E1 624E3 621E1 . 4116E�� 411E2 .416E2 630E2, r --S27-- 743 426E1 630E2 + MITIGATION AREA 612 ♦ :7 612 514, 411 MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL Mangrove Swamp -- I A 100.0% Kevin L. Erwin 0 Wetland Consulting Ecologist, Inc. Wetland Outside Mitigation Area 2anberm"Famw Fwt*jm A-wo f>tot fUl)357• IN6 AMLeeQ iFft".09" JDAWWW" E—=] Surface Waters Outside Mitigation Area 17--mew PROP n Figure G-5. Mangrove restoration mitigation area proposed conditions map Appendix G - Environmental Impacts And Proposed Mitigation Plans Table G.3. Ten acre and 99f acre parcels existing vegetation summary Agenda Item No. 8E November 28. 2006 Page P9 of 257 l0± Acre Parcel 991 Acre Parcel FLUCCS Code Habitat Acres Percent of Total Acres Percent of Total 321 Palmetto Prairie - - 2.2 2.2 411 Pine Flatwoods - - 17.7 17.8 416* Pine Flatwoods, Graminoid Under story 3.8 37.6 22.1 22.3 424* Melaleuca 2.7 26.7 56.6 57.1 621* Cypress 2.3 22.8 - - 624* Cypress- Pine -Cabby a Palm 1.2 11.9 - - 743 Spoil Areas 0.1 1.0 9 - - 814 Roads and Hi wa - - 0.6 0.6 TOTAL 10.1 100.0 99.2 100.0 * Wetland Palmetto Prairie (FLUCCS Code 32 1) This upland community is dominated by a thick saw palmetto understory with widely scattered slash pines. Other plants present include bracken fern, grapevine, smilax, fetterbush, and pennyroyal. Pine Flatwoods (FLUCCS Code 411) This upland community type occurs as small islands scattered across the 991 -acre parcel. A canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it. Other plant species present include scattered live oak and cabbage palm, beautyberry, grapevine, winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also present in varying densities Pine Flatwoods. Graminoid Understory (FLUCCS Code 416) This transitional wetland community is the dominant wetland type in the eastern half of the 99f- acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid -story varies depending on the location but typically consists primarily of melaleuca, pine, and cypress saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present. The ground cover stratum varies depending on the density of melaleuca in the canopy and mid - story strata. In more open areas species such as swamp fern, little blue maidencane, yellow -eyed grass, Florida three -awn, saw - grass, and grapevine are present. In areas of dense exotics, ground cover consist primarily of bare ground / duff with scattered patches of the species listed above. Melaleuca (FLUCCS Code 424) The majority of the western half of the 991 -acre parcel contains this highly disturbed wetland habitat. Melaleuca is the dominant species in all three strata. Widely scattered pine and cypress are also present. Ground cover is primarily bare ground / melaleuca duff with scattered small patches of swamp fern. This area was probably historically either hydric pine flatwoods or a cypress — pine mix that has become dominated by this problematic exotic. Collier County BOCC LASIP SAJ- 2002 -2436 (IP -MJn) July 19, 2005 Page 6 of 11 Appendix G: Environmental Impacts And Proposed Mitigation Plans Collier County BOCC LASibnenda Item No. 8E July 79, 2 -A�C) CQpress {> LUCCS Code 6211 r- age 7 of 11 This wetland community is located on the 10+ -acre parcel. Cypress dominates both the canopy and the mid -story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are also present. Melaleuca is common in the mid - story. The ground cover stratum is typically composed of species such as swamp fern, sawgrass, Virginia chain fern, and melaleuca seedlings. Cypress Pine- Cabbage Palm (FLUCCS Code 624) Wetland areas in this category are also located on the l 0.+-acre parcel. These areas are vegetated by a mixture of slash pine and cypress. Melaleuca dominates the mid - story. Ground cover species include swamp fern, sawgrass, bealaysh, and wiregrass. In areas of dense exotics ground cover is primarily bare ground / melaleuca duff. Spoil Areas (FLUCCS Code 743) This disturbed upland habitat is located along the south edge of the 101 -acre parcel. The berm is _- vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and grapevine. There is a 10 feet wide gap in this berm, located approximately 160 feet from the east property corner that allows surface water to drain from the wetlands to the north into the adjacent canal. Roads and Hi ways (FLUCCS Code 814) A narrow strip of land that has been improved as part of the CR 951 expansion is located along the .east boundary of the 991 -acre parcel. This area consists of the sodded side slope of the road. The 1.6.* acre mitigation area located at the downstream end of the existing Lely Canal channel consists of two FLUCCS Codes (Figure G.3). Each is described below. Drainage Canal and Ditches (FLUCCS Code 514) This area is the existing excavated Lely Canal channel. It is primarily open water with 'a narrow fringe of Brazilian pepper and mangrove. Spoil Area (FLUCCS Code 743) This upland area is the spoil berm / maintenance road associated with the canal. It is maintained on a periodic basis and is vegetated by a variety of weedy species. G.2.c Adjacent Land Uses Consideration of adjacent land uses is an important component is the design and placement of a successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable for both the 10f acre. and 99+ acre parcels and for the 2+ -acre mangrove restoration area. The majority of the perimeter of the 10* ache and 991 acre parcels consist of existing wetland mitigation areas (Figure G.1). To the south of the 99+ acre parcels is the 154.* acre mitigation area for the Naples Lakes Country Club project. To the north is the 86:E-acre mitigation area for The Club Estates. That mitigation area also forms the east boundary of the l 0± -acre parcel. The north and west sides of the 101 acre parcel consists of the 261+ acre mitigation area for the Naples Heritage Golf and Country Club project. The 1.6t acre mangrove restoration area has also been sited in an appropriate location (Figure G.3). To the west is a good quality tropical hardwood hammock, to the east and south are existing mangroves, and to the north is the proposed outfall spreader lake. While no development plans have been approved for the surrounding property, given the location of the Appendix G: Environmental Impacts And Proposed Mitigation Plans LASIP S- 20(eeY$'9 July age 91 of 257 P e8of11 spreader lake and the quality of the adjacent habitats it is unlikely that future development would be permitted immediately adjacent to the proposed mangrove restoration site. G.2.d Wetland Mitigation Plan The enhancement proposed for the 10± acre and 99f acre parcels is similar in nature and will discussed together. The activities proposed at the 1.6f acre site are substantially different and will therefore be discussed separately. 10± Acre and 99t Acre Parcels The mitigation proposed on these lands is the enhancement of wetlands via hydrologic improvements, exotic species control and native plant establishment, and the preservation of 'existing native uplands. The implementation of this component of the mitigation plan will result in the enhancement of 14.81 acres of cypress, 49.5± acres of cypress — pine, and 24.3± acres of hydric pine flatwoods and the enhancement and preservation of 19.91: acres of native uplands on the two parcels. Each aspect of the plan is described below. The wetlands are currently drained via a breach in.the berm along the north side of a canal that forms the south and west boundaries of the mitigation sites (Figure G.2). This breach is approximately 10 feet wide and is lower thaw the natural grade of the adjacent wetland. This allows the canal to directly drain surface water from these wetlands. Since the canal doesn't connect to anything water levels in the canal and therefore the adjacent wetlands are currently controlled by adjacent ground surfaces at elevation 9± NGVD. As described in the Region 7 narrative, the improvements to the canal system in this area consists of improving the existing berm (to prevent over topping and minimize subsurface flows to the extent practicable) and replacing the existing breach with a gated weir. The weir has been set at the existing seasonal high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This control elevation is compatible with the existing wetland mitigation areas to the east, north, and west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on the I0± acre and 99± acre parcels, it will also positively affect the hydrology of the surrounding conservation lands. Significant portions of both properties have become dominated by exotic species, primarily melaleuca. In areas of greater than 50 percent cover by exotics the melaleuca will be controlled via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non - target native vegetation and disturbance to the soil. in areas with less than 50 percent cover by exotics, the exotics will be removed by hand. Exotic trees. will be cut just above natural grade and the stump treated with an appropriate herbicide. Treatment will occur within one hour of cutting to ensure maximum uptake of the herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Herbicides will be used in strict accordance with label directions by trained applicators. Care will be taken to reduce damage to non - target native species to the maximum extent practical. Treatment of exotics will also occur in the native upland communities on the 99± -acre parcel. Once the exotics have been treated the wetlands will be planted, as needed, by native species. Based on available information, a conceptual planting plan has been prepared (Figure G.4). The most deeply inundated portions of the site will be planted with cypress. The transitional areas Appendix G: Environmental Impacts And Proposed Mitigation Puns L P1t0t�$�!'�f , age 92 of 257 1 will be planted with slash pine. Intermediate elevations will be planted by a mix of cypress and pine. Prior to planting, additional topographic information will be obtained. This information and the distribution of existing native vegetation will be used to fine -tune the planting plan. The trees will be container grown, three feet in height, and planted in a random pattern at densities of 200 trees per acre. In areas where live native trees are present, those trees will count towards the required planting density. Ground cover species will be installed at densities of 4,840 plants per acre in areas that contain less than 33 percent cover by native ground cover species following exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike rush, wiregrass, sawgrass, swamp fern, pickerelweed, and arrowhead. The final species list will be based upon site- specific conditions and on plant material availability at the time of planting. 1.6f Acre Mangrove Restoration Site The portion of the existing Lely Canal and associated maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once final grades are attained, the area will be planted with salt marsh cordgrass in order to stabilize the substrate. Mangroves will become established in the area via natural recruitment from the surrounding mangrove system. If, after two growing seasons mangroves do not become established, then mangroves will be planted. A WRAP analysis has also been conducted to determine the amount of increase in wetland function and value associated with the restoration plan (Table G.5). This analysis indicates that the mitigation areas will contain 82.81 functional units at the successful completion of the mitigation program. The existing condition WRAP analysis (Table GA) documents that 48.81 functional units currently exist on the three sites. Therefore, the proposed wetland mitigation plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) — 48.81 (existing) = 34.0 functional units produced). Appendix G: Environmental Impacts And Proposed Mitigation Plans G.2.e Wetland Mitigation Maintenance Plan %_.unier county bocc LASIFAgenda Item No. 8E SAJ -2bb -� July 19, We o 257 A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and native plant installation. For the first two years following the initial treatment each mitigation area will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second year, inspections and treatments will be conducted annually during the dry season. G.2 .f Wetland Mitigation Monitoring Plan The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of time -zero monitoring and annual monitoring of vegetation. The time -zero report will document the conditions immediately following wetland restoration (i.e., exotic removal and restoration area plantings). The annual reports will document the extent of success of the project and, if needed, _ identify specific actions to be taken to improve conditions within the project area. Sampling stations and methodology of data collection will remain the same for all monitoring events. G.21(1) Vegetation Monitoring The vegetation within the wetlands will be monitored using the Iine intercept methodology. A 300-+ feet long transect will be established in representative portions of each wetland area. A measuring tape.will be stretched along the transect and the plants occurring directly below (ground cover) and above (mid -story and canopy) the tape will be recorded at 3f feet intervals along the transect. Ground cover species include woody vegetation less than three feet in height and all non -woody plants. Mid - story vegetation consists of all woody plants greater than three feet in height and less than 4 inches DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground an d open sky will also be recorded in this manner. The resulting data will be used to calculate percent cover of the three strata. G.21(2) Wildlife Monitoring Regular observations of fish and wildlife will be made during all monitoring events by qualified ecologists. This will consist of recording evidence and signs of wildlife (i.e., direct sighting, vocalization, nests, tracks, droppings, etc.). G.2.f(3) Photographic Documentation Permanent fixed-point photograph stations will be established in each of the monitored areas thereby 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 G.21(4) Rainfall and Staff Gauge Recordings A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be recorded twice a month during the wet season (June — September) and once a month during the dry season (October — May). A rain gauge will also be established in the vicinity of the two freshwater sites. The mangrove restoration area is tidally influenced. Therefore staff gauge and rainfall data is not required for this component of the mitigation plan. Agenda Item No. 8E November 28, 2006 Page 94 of 257 Lely Area Stormwatelr Improvement Project Mitigation Plan Schedule Parcel information Parcel Number Mitigation Area 1 2 3 Mitigation Area Size acres 10.1 99.0 1,6 Mitigation Descri tion Ebodc V09. RwnMW Rspfrt wo No" fted . Ew tc Vag, Rrnm* NWtlw R RWWV 10 Sara WKh bra "*' C� Scheduled Activity Com ledon/Submittat Dates Initial Exotic Species Removal Parcels 1 and 2 Dec. 31 2008 Dec 31 2008 WA Regrading Parcel 3 N/A WA Dec. 31 2007 Nativag Plan UM June 30 2007 June 30 2007 June 30 2008 Time Zero Monitoring Report Submilied and Maintenance Plan Initiated July 31 2007 Jullv 31 2007 July 31 2008 First Monitoring Report July 31 2008 July 31 2008 July 31 2009 2nd Monitoring Report July 31 2009 July 31 2009 July 31 2010 3rd Monitoring Report July 31 2010 July 31 2010 July 31 2011 Area 1 and 2 Canal Improvements and Control Structure Instalation Dec. 31 2010 I Dec. 31 2010 WA 4th Monitorin Report July 31 2011 1 J 31 2011 J 31 2012 5th Monitoring Report Post) July 31 2012 1 AIN 31 2012 July 31 2013 Prepared by Collier County Stormwaler Dept. 7/22105 Collier County BOCC LASIP SAJ- 2003 -10680 (IP -MJD) July 19, 2005 D7mn 71 of III { SOUT.. FLORIDA WATER MANAGEMENT 1. .o7;RICT Agenda Item No. 87: November 28, 2006 ENVIRONMENTAL RESOURCE Paae 05 of 257 PERMIT MODIFICATION'NO. 11- 01140 —S v DATE ISSUED: OCTOBER 13, 2004 FORM M57 Rev. 08M PERMITTEE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (WMD 6 LELY AND LELY MANOR) 3301 TAMIAMI TRAIL EAST. NAPLES, FL 34112 ORIGINAL PERMIT ISSUED: SEPTEMBER 9,1993 ORIGINAL PROJECT DESCRIPTION: CONSTRUCTION AND OPERATION APPROVAL FOR A SURFACE WATER MANAGMENT SYSTEM TO SERVE 8300 ACR DISCHARGING TO PERIWINKLE BAYANTERCOASTAL WATERWAY AND SANDHILL BAY. APPROVED MODIFICATION: CONSTRUCTION t AND LELY MANOR TO INCLUDE A AUTHORIZATION E WOF R AN ENVIRONMENTAL RESOURCE PERMIT FOR MANAGEMENT SYSTEM SERVING THE 239.7 ACRE PHASE I OF THE SURFACE WATER MANAGEMENT SYSTEM, WETLAND IMPACTS, AND MITIGATION OF THE PROJECT WITH DISCHARGE INTO WATERS OF DOLLAR BAY AND ROOKERY BAY AND CONCEPTUAL APPROVAL FOR THE REMAINING 89.7 ACRES OF THE 329.4 ACRE PROJECT. PROJECT LOCATION: COLLIER COUNTY , SECTION 3- 10,15 - 25,29 -31,36 TWP 50S RGE 26E _ PERMIT DURATION: See Special Condition No. 1. See attached Rule 40E- 4.321, Florida Administrative Code. - This Permit Modification is approved pursuant to Application No. 980828 -1, dated August 28, 1998. Permittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages, claims or liabilities which may arise by reason of the construction, operation, maintenance or use of any activities authorized by this Permit. This Permit is issued under the provisions of Chapter 373, Part IV Florida Statutes(F.S.), and the Operating Agreement Concerning Regulation Under Part IV, Chapter 373 F.S. between South Florida Water Management District and the Department of Environmental Protection. Issuance of this Permit constitutes certification of compliance with state water quality standards where necessary pursuant to Section 401, Public Law 92 -500, 33 USC Section 1341, unless this Permit is issued pursuant to the net improvement provisions of Subsections 373.414(1)(b), F.S., or as otherwise stated herein. This Permit Modification may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S., and Sections 40E- 4.351(1), (2), and (4), Florida Administrative Code (F.A.C.). This Permit Modification may be transferred pursuant to the appropriate provisions of Chapter 373, F.S., and Sections 40E- 1.6107(1) and (2), and 40E- 4.351(1), (2), and (4), F.A.C. All specifications and special and limiting /general conditions attendant to the original Permit,unless specifically rescinded by this or previous modifications, remain in effect. This Permit Modification shall be subject to the General Conditions set forth in Rule 40E- 4.381, F.A.C., unless waived or modified by the Governing Board. The Application, and Environmental Resource Permit Staff Review Summary of the Application, including all conditio: and all plans and specifications incorporated by reference, are a part of this Permit Modification. All activities authorized by this Permit Modification shall be implemented as set forth in the plans, specifications, and performance criteria as set forth and incorporated in the Environmental Resource Permit Staff Review Summary. Within 30 days after completion of construction of the permitting activity, the Permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate provisions of Chapter 373, F.S. and Sections 40E -4.361 and 40E- 4.381, F.A.C. In the event the property is sold or otherwise conveyed, the Permittee will remain liable for compliance with this Permit until transfer is approved by the District pursuant to Rule 40E- 1.6107, F.A.C. SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS: SEE PAGES 2 - 5 OF 1 (29 SPECIAL CONDITIONS). SEE PAGES 6 8 OF 1 (19 GENERAL CONDITIONS). PERMIT MODIFICATION APPROVED BY THE GOVERNING BOARD OF THE FILED WITH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON ��[ �,At���utetkll�► ��1�9 PUTY CLERK SEAL 0� 0 WATER MANAGEMENT DISTRICT DISTRICT CLERK PAGE 1 OF 1 PUDZ -A- 2006 -AR -9021 PROJECT #2006040027 DATE: 4/25/06 HEIDI WILLIAMS PERMIT N69endP114TVJJcD-S§ PAGE 2 November 28, 2006 P§Je 96 of 257 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface rater management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 4. Thp 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 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 to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 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 properly disposed of as required 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 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 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 the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and location of the sediment, erosion, and /or turbidity controls shall be subject to PERMIT N%enAk W.-� PAGE 3 N(6r-4er 28, 2006 Page 97 of 257 District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. In addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and updated listed species surveys for each area included within the project area requesting construction approval. _ 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, 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. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easement must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are 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. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 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 initial 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. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from PERMIT N%end�ltt&- W'91:- PAGE 4 N(q en8per 28, 2006 Page 98 of 257 their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to: construction of placing 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 and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas 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 maintained 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 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dofninate any one section of those areas. - 20. Endangered species, threatened species and /or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and /or necessary permits to avoid impacts to listed species. 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and /or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E -4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (1500') zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project. 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r. PERMIT N%benAJrfA- 149- 79-: PAGE 5 NOV --nSber 28, 2006 Page 99 of 257 28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit 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 prior to commencement of the activity authorized by this permit. 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 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 waterbody exists due to the permitted 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, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. 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 is issued. At least 48 hours prior to commencement of activity 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 status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer 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 Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 08818, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation 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 PERMIT N4t;gend4tt9449.-9?E PAGE 6 N(95ergber 28, 2006 age 100 of 257 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented 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 kept at the work site of the permitted activity. The complete permit 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 prior to commencement of the activity authorized by this permit. 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 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 waterbody exists due to the permitted 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, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. 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 is issued. At least 48 hours prior to commencement of activity 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 status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer 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 Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 08818, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation 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 PERMIT N(>1igen4J1�t9r 9- PAGE 7 P,�yFengber 28, 2006 Page 101 of 257 drawings are discovered during the certification 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 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: until 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 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 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. 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. 8. 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 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 with this permit, 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 Environmental 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 authority 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 documents will result in the permittee remaining liable for carrying out maintenance 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 District in writing 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 authorizations 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, F.A.C.. PERMIT N9gendlJfT94W-fE PAGE a Ngyenjber 28, 2006 Page 102 of 257 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 Internal 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 permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., 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, alteration, operation, maintenance, removal, abandonment or use of any system authorized--by the permit. - 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 other 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 with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. Agenda Item No. 8E November 28, 2006 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Page 103 of 257 3301 Gun Club Road, West Palm Beach, Florida 33,406 - (561) 686 -8800 - FL WAT51 -800- 432 -2045 - TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 - w"- "-sfwmd.gov RECENED October 12, 2004 OCT 14 2004 Collier County Board of County Commissioners STORMWATER MGMT. 3301 Tamiami Trail East Naples, FL 34112 Subject: Application No. 980828 -1, WMD 6 Lely and Lely Manor Collier County, S3- 10,15- 25,29- 31,36/T50S/R26E Enclosed is a copy of the South Florida Water Management District's staff report covering the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff report will be presented to our Governing Board for consideration on Wednesday, October 13, 2004. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights ") 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 materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. CERTIFICATE OF SERVICE I IJEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 12 day of October, 2004 in accordance with Section 120.60 (3), Florida Statutes. Sincerely, ,7:Drc -----7 Damon Meiers, P.E., Deputy Director Environmental Resource Regulation Department DM /gh CERTIFIED #7002 3150 0003 3738 9405 RETURN RECEIPT RE T TESTED EXECUTIVE OFFICE GOVERNING BOARD Nicolas J. Guti@rrez, Jr., Esq., Chnir Michael Collins Kevin McCarty Henry Dean, E.cecntim Dmrtm Pamela Brooks- Thomas, lire -C ai, Hugh M. English Harkley R. Thornton lrela M. Baguz Lennart E. Lindahl, P.E. Tridi K. Williams, P.E Agenda Item No. 8E November 28, 2006 Page 104 of 257 NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (1999), requires that "each notice 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 state the time limits which apply." 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. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's ( SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearina: 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 file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat, 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 or posting or publication of notice that the SFWMD has or intends to take final agency action., Petitions must substantially comply with the 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 Hearing: if there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. 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 or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of 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 petition for a hearing no later than 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 Section 373.427, Fla. Stat,, and Rule 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 action regarding consolidated applications , for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within }4 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. Emeriaencv Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition 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 with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file 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. g. Permit Suspension, Revocation Annulment and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla, Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD 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 filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons whose substantial interests may he 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 limited to the substantial deviation. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. 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 of the Governing Board. 4. Pursuant to Rule 28- 106.1111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other .parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Slat., 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 circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Tftle 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the 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 file a civil suit for injunctive relief in the 15 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 373.433, Fla. Slat., a private citizen of Florida may file suit in circuit court to require the abatement of any storrnwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla_ Slat. Agenda Item No. 8E November 28, 2006 Page 105 of 257 DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat., a par,, 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. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission ( FLAWAC) 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. Slat., and Rules 42 -2.013 and 42- 2.0132, Fla. Admin. Code, a request for review of (a) an order or rule 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 filed with FLAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no .later than 20 days after rendition of the SFWMD's final order. Simultaneous with filing, a copy of the request for revir must be served on the DEP Secretary, any person nam in the SFWMD or DEP final order, and all parties to the proceeding below, A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, 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 set forth in Subsection 70.001(4)(a), Fla. Slat. 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. Slat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for 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 chooL mediation as an alternative remedy under Section 120.r Fla. Slat. Pursuant to Rule 28- 106.111(2), Fla. Adm-, ,. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Revised 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 following information: (7) the name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) a statement of the preliminary agency action; (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 limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, 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 final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final 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 settlement of the dispute, the SFWMD shall notify all parties in writing 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. VARIANCES AND WAIVERS 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 the time for filing a petition for an administrative hearing or exercising any other right that a person 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: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; Agenda item No. 8E November 28, 2006 Page 106 of 257 (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 violation 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 variance 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 facts that make the situation an 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 to 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 filed 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 petitioner's substantial interests will be affected by the agency determination; (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 the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. Reused 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 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 petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 SUSPENSION, REVOCATION, 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, administrative 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 this subsection shall be a requirement for a determination 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 to 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. 8E November 28, 2006 Page 107 of 257 (b) How the rule or order sought to be review affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., 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 policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(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 district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 EMERGENCY ACTION (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergen, action, the agency shall summarily suspend, limit, 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 hearing 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 necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency conditinn without the issuance 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. 8E November 28, 2006 Page 108 of 257 Last Date For Agency Action: 14 -OCT -2004 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Wmd 6 Lely And Lely Manor Permit No.: 11- 01140 -S Application No.: 980828 -1 Associated File: 030317 -24 WU Application Type: Environmental Resource (Conceptual Approval And Construction /Operation Modification) Location: Collier County, S3- 10,15- 25,29- 31,36/T50S/R26E Permittee : Collier County Board Of County Commissioners Operating Entity: Board Of County Commissioners Project Area: 329.4 acres Project Land Use: Government Drainage Basin: WEST COLLIER Receiving Body: Dollar Bay and Rookery Bay via wetlands Special Drainage District: NA Total Acres Wetland Onsite: Total Acres Wetland Preserved Onsite: Total Acres impacted Onsite: Total Acres Presv /Mit Compensation Onsite: Conservation Easement To District: Yes Sovereign Submerged Lands: No 130.60 91.60 40.60 111.70 DRAFT Subject to Gowning Boyd 11ppro�ral Sub Basin: LELY CANAL DISTRICT 6 Class: OFW PROJECT :PURPOSE: This application requests Construction Authorization of an Environmental Resource Permit for a 239.7 acre project, part of the Lely Area Stormwater Improvement Project (LASIP) f.k.a. WMD6 Lely and Lely Manor, to include Phase One for portions of the surface water management system, wetland impacts, and mitigation as shown on Exhibit 2.54 with discharge into waters of Dollar Bay and Rookery Bay. In addition, this application requests Conceptual Authorization for the remaining 89.7 acres of total 329.4 acre LASIP project to include system improvements, wetland impacts and mitigation, serving an 11,135 acre area of Collier County known as the Lely Area Stormwater Improvement Project (LASIP) f.k.a. WMD6 Lely and Lely Manor as shown on Exhibit 2.01. App.no.: 980828 -1 1 Page 1 of 18 Agenda Item No. 8E November 28. 2006 Paae 109 of 257 PROJECT EVALUATION: s �r 9 t. Ai r rk.{' 7-,a yr 3a�° S.y-W4 7rc " �r � .t,` �y` •�%++.:<r: The LASIP drainage area is generally bounded by Radio Road on the north, Collier Boulevard (C.R.951) on the east, Wetlands of Dollar Bay and Rookery Bay on the South, and a FPL Transmission facility and Haldeman Creek on the west. A location map is provided as Exhibit 1. Two basins comprise the LASIP drainage area, consisting of the Lely Canal Basin (LOB) in the westerly portion of the area and1he Lely Manor Basin (LMB) in the easterly portion of the area. The Lely Canal Basin discharges into an estuarine coastal zone along the irttracoastal waterway near Dollar Bay. The Lely Manor Basin discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. Exhibit 2.01 of the project plans provides locations of the seven regions which the project is broken into. Regions 1 through S constitute the Lely Canal Basin, Region 4 is a tributary to the Lely Canal Basin, the Lely Branch, and Regions 5 through 7 are divisions of the Lely Manor Basin. Land uses within the regions were identified and wetland areas delineated. Wetland jurisdictional determinations were completed with District and Corps staff in specific basins only. Detailed mapping /surveying of the wetlands beyond what is approved under Phase I will need to be conducted and approved by District staff prior to the approval of additional construction Phases. Each subsequent construction phase will need to clearly delineate the project boundaries, identify the wetlands /other surface waters to be impacted, and have the wetland lines surveyed and approved by District staff. Land uses and wetlands are identified within Exhibits 3,4 and 10. There are a total of 40.6 acres of wetlands that will be adversly affected by the proposed project. These areas have been included within the construction phase of the project along with the mitigation areas. P$QPOS The LASIP project includes a system of conveyances, control structures, and spreader lakes and berms to provide a comprehensive outfall system for the LASIP area to alleviate flooding impacts. The LASIP area (formerly known as Water Management District # 6) has for years experienced flooding pressures as development in the area continues. Several alternatives were reviewed including a complete Alternatives Analysis, included with the permit file. The following is a general description of the recommended alternative within each of the two basins to mitigate the flooding hazard while preventing over drainage from occurring. Lely Canal Basin - The existing Lely "Main" Canal flows from Rattlesnake Hammock Road south then west, parallel to Rattlesnake Hammock Road, then south again and through the bridges at U.S. 41 and south until it discharges into an estuarine coastal zone along the intracoastal waterway near Dollar Bay. "There are no existing weirs in the "Main" Canal. The flow capacity of the canal and structures in the "Main" Canal upstream of the U.S. 41 bridges will be increased via reductions in head loss to maintain and improve flood protection. At the downstream discharge of the "Main" Canal a spreader lake with a control berm elevation of 2.5' NGVD will be constructed to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge. South of Rattlesnake- Hammock Road a weir will be constructed at Doral Circle to raise the normal stage elevation to 4.0' NGVD to eliminate existing over drainage. This weir will help extend the existing wetland hydroperiods. The "Main" Canal system will be extended upstream using the storm -water management system of the Royal Wood Development. A network of smaller canals, weirs and swales will provide flood relief without over draining existing wetlands. One new canal system will be extended from the northeast corner of Royal Wood to serve the northeast portion of the Lely Canal Basin area. The canal will extend from Royal Wood upstream to the southern edge of a wetland area near Cope Lane. Three weirs will be placed in this canal to maintain water levels in the wetland areas and to allow flows to continue to pass through a historic slough lying in a north east to south =Vest direction across Cope Lane, Country Road and Whitaker Road. Weir elevations were established using existing average wet season water table elevations within App.no.: 980828 -1 Page 2 of IS Agenda Item No. 8E November 28, 2006 Page 110 of 257 the upstream wetlands. Tailwater elevations created by the closed weirs were reviewed to insure wetland areas remain Inundated during the wet season, while the closed weirs help lengthen the wetland hydroperiods by reversing the existing drainage conditions. Swale improvements along Cope Lane, Country Road and Whitaker Road will provide lateral distribution of excess flow into the proposed canal. Water levels in these swales will also be maintained by the downstream weir control elevations. The weir structures have gates to allow lowering water levels if needed after or in preparation for a major storm event. Also, an east to west canal will collect part of the drainage from the area along Sandy Lane. This canal will also provide a cross -basin connection that will normally be closed, but in special emergency situations can be opened to allow interconnection of the Lely Canal Basin and the Lely Manor Basin systems. A culvert and canal system will also extend from the northwest comer of Royal Wood up to Whitaker Road. It will provide added capacity for the downstream end of the slough and the area between Royal Wood and Whitaker. A tributary called the "Branch" joins the Lely "Main" Canal a short distance upstream of the U.S: 41 bridge and east of the intersection of U.S. 41 and Rattlesnake Hammock Road. The "Branch" provides drainage for the developed area along the 1=PL right -of -way north of Rattlesnake Hammock Road, the areas surrounding Loch Louise and Crown Point developments located south of Davis Boulevard, and the developments along the north side of Davis Boulevard. The capacity of the "Branch" will be increased downstream of Loch Louise, the Loch Louise weir wll be reconstructed and a new weir constructed at the northern end of the existing triple box culverts under Davis Blvd., and the collection system extended along the north side of Davis Boulevard to its full planned length east of Santa Barbara Blvd. The project along the "Branch" system also includes constructing a weir structure at the intersection of the Haldeman Creek Basin system and enclosing an existing ditch south of Loch Louise (the north ditch of Riviera) in a storm drain. Elsewhere in the Lely "Main" Canal system, improvements associated with two road projects, Rattlesnake Hammock Road (existing) and County Barn Road (future project), will have stormwater improvement features either constructed or made active. The majority of wetland impacts are related to modifications involving widening and deepening existing canals to increase flow capacities. However, there are some areas where new canal and swale construction will create new wetland impacts. The capacity of the Lely "Main" Canal downstream of U.S. 41 is to be increased and head loss reduced to maintain flood protection by excavating a larger cross section and constructing an outlet spreader lake designed to flow into existing wetlands immediately to the south, west and east of the canal. Wetlands will be impacted by this construction, but impacts are offset by the improved flow conditions into the existing receiving estuarine wetland area. Lely Manor Canal - The Lely Manor "Main" Canal collects storm water from within the Naples Manor subdivision, developments to the north, and from the drainage area to the northeast of Naples Manor subdivision. Storm water then flows west to the U.S. 41 culvert, which discharges into a wide canal oriented east to west, eventually discharging into a large fresh water marsh. The lower portion of the Manor "Main" Canal begins south of the marsh and discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually Rookery Bay. A number of smaller canals provide internal drainage for the Naples Manor subdivision and discharge into the U.S. 41 road ditch. Storm water in the road ditch flows through three additional culverts, to the south, and then to the west to the lower main canal. Capacity of the main canal will be increased downstream of U.S. 41 to provide flood relief for upstream areas. Additionally, a weir will be constructed to prevent over drainage of the large wetland marsh and a spreader lake will be constructed to prevent over drainage while eliminating the current problem of a freshwater point discharge. A new north /south canal system will also be created roughly along the east side of Sections 30 and 31 of Township 50 South Range 26 East (identified in the plan under Phase 1 construction as the main outfall for Region 5 East). The existing canals that currently divide an historic slough/flowway will be abandoned (by future development plans of the land owner), a pump station will be App.no.: 980828 -1 Page 3 of 18 Agenda Item No. 8E November 23, 2006 Page 111 of 257 installed to re- hydrate the slough, capacity improvement will be made to the existing canals extending from U.S. 41; and a new discharge point wi l be created by constructing a spreader lake adjacent to another wetland flowway system a been cut off from historic of these improvements are included nth sappl cat onfor Construction and operation authorization and are being implemented in conjunction with the Construction and Operation authorization of Permit No. 11 02324 -P / Application No. 030509 -7. Capacity improvements to the north perimeter canal of Naples Manor upstream of U.S. 41 include constructing a weir at Yllarren Street to reduce current over drainage impacts to adjacent wetlands. Additional, capacity improvements will be made to the canal along the north side of U.S. 41 to allow for lateral distribution of strormwater to all the culverts crossing beneath U.S. 41. For safety and capacity reasons, one existing channel within the Naples Manor subdivision will be enclosed in a pipe. Upstream of the Naples Manor subdivision, the southern end of the existing Rattlesnake- Hammock slough will be bermed and a discharge weir constructed to prevent current over drainage into the north perimeter ditch of the: Naples Manor subdivision. North of Rattlesnake- Hammock Road the existing piecemeal system of &tches will be modifled to create a manageable stormwater system. Strategically located culverts, weirs„ and channel improvements will direct stormwater flow exiting remnants of the northern end of the Rattlesnake Hammock slough. Weirs are located with control elevations to provide flood protection and maintain the hydroperiod of adjacent wetlands. A major component of this reconstruction involves connecting the existing perimeter canals around the Wing South Airpark into the Lely Manor Basin canal system. The areas of wetland impact are at and near spreader lakes discharge point, the wide main canal south of U.S. 41 and the lower main canal, the new Region 5 East outfall canal, areas near the County's South County Water Reclamation Facility, and areas around the Wing South Airpark. These impacts are minimized by the installation of weirs to maintain water levels and to promote replenishment of existing wetland areas in the bower and upper parts of this basin. A weir is proposed at the upper end of the lower main canal to maintain water levels in the fresh water marsh. A weir is also included north of the Wing South Airpark to maintain water levels in the extensive wetland preserve areas of developments to the north. The majority of wetland impacts are related to modifications involving excavating existing canals. However, there are some areas where new canal and spreader lake construction will create new wetland impacts. This application, includes construction and operation authorization for portions of Region 2 within the Lely Canal Basin and Region 5 East within the Lely Manor Basin, as depicted on Exhibit 2.54 and detailed in Exhibits 2.55 through 2.94. Specific improvements include channel improvements within the Lely "Main" Canal extending from U.S. 41(STA 85 +81) northward to Rattlesnake Hammock Road (STA 105 +24.80) and within the "Branch" from Rattlesnake Hammock Road (STA 6 +00) north to STA 58 +67.58. 79+41.30) Improvements southward to STA 7591.30, and constructing nclude the Lely Manor Canal spreader lake. U.S. 41 (STA 79 +41.30) Approximately 11,8 acres of Other Surface Waters and 19.2 acres of wetlands will be impacted by the Phase 1 construction.. Phase 1 construction impacts are shown on Exhibits 4a through 4c included in Appendix F of the permit application. App.no.: 980828 -1 Page 4 of 18 Conceptual: Area (ac) Project Area Water Mgnt Acreage 205.78 Preserved 110.1 Pervious 13.52 Total: 329.4 Construction: Project: Pervious Preserved Water Mgnt Acreage Total: This Phase 87.60 acres 110.10 acres 42.00 acres 239.70 Agenda Item No. 8E November 28, 2006 Page 112 of 257 The Lely Main Canal Basin discharges via a spreader lake at the terminus of the main canal LCB -00- 00003. The Lely Manor Canal Basin discharges via spreader lakes at the terminus of main canals LMB- 00 -CO001 and LMB- 01- C0005. The combined discharge for all three canals is 1,509 cfs, which equates to 86.7 CSM, for the drainage area served by the LAS1P system and meets allowable discharge rate of 0.15 cfs /acre in accordance with Collier County Ordnance 90 -10. This compares with the pre - development discharge rate of 1,105 cfs. The two Lely Manor outf all canals and spreader lakes are connected together by the large channel section along the east side of US 41. Therefore, the two flows are combined to comprise the total flow out of the Lely Manor Basin. The two outfall systems function as parallel channels. Discharge structures will be in accordance with the information provided in Exhibit 11 a - 11 i. e. s...ni.�.ti.w ..r_. sc +. ...... .a..x r.... ._.,.. ..a Water quality structures will be in accordance with Exhibits 11 a - 11 L In addition, an Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality for all phases of the project. Construction and daily operation of the project shall be conducted in accordance with Special Condition Nos. 24 - 26 and Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 which are incorporated by reference and shall be retained in the permit file. In addition, potential water quality impacts related to erosion and sedimentation will be controlled in accordance with the current edition of the FDOTs Standard Specifications for Road and Bridge Construction. In addition, a project - specific Stormwater pollution Prevention Plan (PPP) will be prepared and implemented during each phase of the construction. No adverse water quality impacts are anticipated as a result of the proposed project. W j' 3 J Lely Main Basin App.no.: 980828 -1 Page 5 of 18 Agenda Item No. SE November 28, 2006 Page 113 of 257 Region.l This basin contains the Main Lely Canal south of U.S. 41. A natural upland ridge separates the canal from a large freshwater swamp /marsh mosaic marsh located east of the canal. Wetland jurisdictionals have been completed with the SFWMD and COE staff. Region 2 Located within the central portion of the Lely Canal Basin, the majority of this region has been developed as residential and golf course communities. Wetland delineations have been completed for lands within the C &O phase of this application. Region 3 This region represents the northern limits of the Leiy Canal Basin and includes areas primarily developed with single - family residences. A historic flowway is located within this region. Although land uses have been delineated, no jurisdictionai determinations have been completed. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Region 4 system, the Lely Branch, which drains lands in the vicinity of Davis This region represents a tributary Boulevard, into the Leiy Canal Basin. Lands within this region are primarily developed as residential, roadways and open water. Two undeveloped areas remain within the basin. Wetland jurisdictional determinations have not been completed. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Leiy Manor Basin Region 5 Regions 5W and 5E are located within the Lely Manor Basin. Coastal habitats are located to the south and agricultural land is to the east. Region 5 discharges to Rookery Bay, an Outstanding Florida Water. Land uses have been delineated for this region and are shown on the project plans. A large freshwater swamp /marsh is located within the region and represents the key hydrologic component in the area. This marsh currently receives water from an existing east -west canal which receives drainage via a culvert beneath U.S. 41. Region 6 This region includes developed areas located within Lely Golf Estates and Naples Manor subdivision in addition to some smaller residential developments. With the exception of one wetland located north of the northeast corner of Naples Manor, this basin is developed. Region 7 This region includes lands extending from Naples Manor northward to the intersection of Davis Boulevard and CR 951. Essentially the basin is comprised of 3 parts. This region contains a significant wetland slough system, much of which has been preserved in recent permits. Wetland delineations have been completed by others for those areas located within existing permits. A formal wetland determination will be completed for this project at the time of application for construction in this region. Construction phases proposed within this region will be required to survey the limits of the wetlands and have them approved by District staff. Wetland Impacts: A— mvimately A0.6 acres of wetlands will be impacted by the proposed improvements. Wetland impacts are directly related to the widening of existing canals and drainage swales, installation of new weir App.no.: 980828 -1 Page 6 of 18 Agenda Item No. 8E November 28, 2006 Page 114 of 257 structures, and the excavation of one new canal. Secondary wetland impacts have been avoided through the incorporation of operable weir structures within the drainage canals set at elevations comparable to existing wet season water table elevations within the adjacent wetlands. Incorporation of these weirs into the project design will help extend the wetland hydroperiods at the end of the wet season, prevent overdrying as the dry season extends, and trap the first rains as the wet'season begins. Hydrographs were produced based on a 5 year /24 hour storm event for the various basins that demonstrated wetland hydroperiods will be maintained and /or lengthened for that storm event. Drawdown discussions associated with the drainage improvements for each basin is included within Appendix E of the permit application. Approximately 60 acres of Other Surface Waters, consisting primarily of existing drainage canals, ditches and swales, will be aff ected by the overall project. These waters will not be permanently Impacted nor will wetland functions be lost due to these impacts. The following table provides the breakdown of wetland and other surface water impacts by region. To minimize impacts to downstream receiving waters, and associated wetlands, spreader lakes will be constructed at the southern end of the Lely Main Canal and the Lely Manor Canal. The Lely Main Spreader Lake will measure approximately 9.6 acres and will extend across the existing canal, approximately 700 feet upstream of the existing canal terminus. The 700 ft. of canal will be backfilled and regraded to match the adjacent wetland (mangrove) elevations. The proposed spreader lake was- located in an area where wetland impacts could be minimized. Approximately 7.1 acres of wetland impact and 4.4 acres of other surface water impacts will occur as a result of the lake construction. Impacts are confined to primarily Brazilian pepper and Hydric Pine flatwoods. The Lely Manor Spreader lake measures approximately 11 acres and is located at the canal terminus in Section 36. Construction of this lake will result in approximately 3.7 acres of impacts to Hydric Pine flatwoods. Wetland impacts are depicted on Exhibits 3 and 4 and are contained in Appendix F of the permit application. The proposed construction Phase I of this application includes all of the proposed impacts to wetlands and other surface waters, and implementation of the mitigation activities. The drainage improvements associated with Phase I are limited to portions of Regions 2, and 5E. Approximately 8.9 acres of OSWs will be impacted by the proposed construction in Region 1, 2 and 3. An additional 2.9 acres of OSWs and 10.6 acres of wetlands will be impacted by the proposed construction in region 5E. Of the total Region 5E impacts, approximately 8.6 acres of the wetland impacts are located within the boundaries of the Lely Lakes proposed development. Phase 1 construction impacts are shown on Exhibit 4 and are included in Appendix F of the permit application. Mitigation Proposal: The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the wetlands functions in areas proposed for impacts. A summary table of WRAP scores can be found in Appendix G of the permit application. Using WRAP, it was determined that the 40 acres contained within the construction area represents 25.85 functional units. Mitigation opportunities are limited in the southern and central portions of the LASIP project area due to existing developments, real estate prices, and lack of willing sellers. Collier County pursued the purchase of two separate parcels of land, measuring 10.1 acres (Section 9, Township 50 South, Range 26 East) and 99.2 acres (Section 15, Township 50 South, Range 26 East). Both parcels are contiguous to existing mitigation areas (Exhibit 5). Land Use descriptions and vegetation summaries are located within Appendix G of the permit application. Each parcel was mapped and evaluated using WRAP. Exhibit 6 provides FLUCCS maps and WRAP scores for the mitigation parcels. Based on the completed WRAP analysis, the proposed mitigation areas provide 48.81 functional units in the pre - enhancement condition. Proposed mitigation within both parcels will consist of hydrologic improvements, exotic species removal and control combined with replanting efforts, and preservation of native uplands. Within the 10.1 acre _ parcel, 2.6 acres of cypress enhancement, 3.5 acres of cypress -pine enhancement , and 3.8 acres of hydric pine flatwoods enhancement will be completed. In addition, .2 acres of an existing water management berm will remain undisturbed. Within the 99.2 acre parcel, enhancement of 12.2 acres of cypress, 46.0 acres of cypress -pine wetiand, and 20.5 acres of hydric pine flatwoods is proposed. In App.no.: 980828 -1 Page 7 of 18 Agenda Item No. 8E November 28, 2006 Page 115 of 257 addition, 19.9 acres of native uplands will be preserved and enhanced and .6 acres within the road right - of -way will remain undisturbed. The existing wetlands are currently drained -via a breach between tha- wetlands and an adjacent canal. This breach provides a direct connection to the canal which serves to funnel surface water away from the wetland, The proposed LASIP improvements include improvements to the existing canal berm combined with construction of a permanent weir at the breach location. Both mitigation parcels are dominated with exotic species, primarily melaleuca. In areas of greater than 50% cover by exotics, the melaleuca will be controlled via either mechanical clearing or hand cutting. In areas of less than 50% cover by exotics, the exotics will be removed by hand. Exotic trees will be cut just above natural grade and the stump treated with an appropriate herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Treatment of exotics will also occur within the native upland communities. Once the exotics have been treated and/or removed, the wetlands will be planted as needed with native species. A conceptual planting plan is included in Exhibit 6. Deeper portions of the sites will be planted with cypress and transitional areas will be planted with slash pine. Intermediate elevations will be planted with a mix of cypress and slash pine. Trees will be container grown, 6 in height, and planted in random patterns at densities of 200 trees per acre. Ground cover species will be planted at densities of 4,840 plants per acre in areas that contain less than 33% cover by native ground cover species following exotic treatment. in addition to enhancement activities within the 10.1 acre and 99.2 acre sites, mangrove restoration activities will occur within a 1.6 acres area adjacent to the Lely Main Canal. In this area a portion of the canal and the adjacent maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast. The area will be planted with salt marsh cordgrass to stabilize the substrate. Mangrove plantings are not proposed and it is assumed the areas will revegetate via natural recruitment. If mangroves do not become established after two growing seasons, mangrove planting will be undertaken. A post enhancement WRAP was performed for the three mitigation parcels. The results of this assessment indicate that following the completion of mitigation activities, these parcels will represent 82.81 functional units. This represents a lift of 34 functional units from existing conditions. Post Enhancement WRAP data is included in Exhibit 6. Mitigation in excess of what is required to compensate for the projects proposed 40.6 acres of wetland impact has been provided. A wetland maintenance and monitoring plan is included in Exhibits 6.1 -6.33. The maintenance and monitoring, and mitigation plan shall be conducted in accordance with Exhibits 6.1- 6.33,9. Turbidity, erosion, and sediment constrols will utilized during any activity that occurs within wetlands, other surface waters, or in areas that discharge into waters of the United States. Cumulative Impact Assessment: This project was evaluated in conjunction with other projects that have been permitted within the area. In addition, the project has been evaluated for direct, secondary, and cumulative impacts and to determine if the project is contrary to the public interest. The drainage improvements were designed to maintain seasonal high elevations in order to prevent adverse impacts to the hydroperiods of potentially affected wetlands. The mitigation provided for the adverse impacts associated with the proposed project is located within the same drainage basin where the wetland impacts are proposed. The mitigation provided for this project offsets the wetland functions impacted as result of the activities proposed by this project. Based on the proposed design, the District has determined the project will not cause secondary or cumulative impacts to the water resources and is not contrary to the public interest. App.no.: 980828 -1 Page 8 of 18 Agenda Item No. 8E November 28, 2006 Page 116 of 257 Wetland Inventory : CONCEPTUAL NEW -Lely Area Improvement Project ONSITE Pre - Development Post - Development Total Impacted Undisturbed Enhanced Preserved Restored/ Existing Created Fresh Water Forested 130.60 40.60 1.40 88.60 88.60 Other Surface Waters 60.10 60.10 Salt Water Forested .00 1.60 1.60 Upland 138.70 .00 1.00 19.90 19.90 Total: 329.40 100.70 2.40 108.50 110.10 1.60 Wetland Inventory : CONSTRUCTION MOD -Lely Area Improvement Project ONSITE Pre- Development Post- Developmeni Total Impacted Undisturbed Enhanced Preserved Restored/ Existing Created Fresh Water Forested 130.60 40.60 1.40 88.60 88.60 Other Surface Waters 60.10 60.10 Salt Water Forested .00 .00 1.60 1.60 Upland 49.00 .00 1.00 19.90 19.90 Total: 239.70 100.70 2.40 108.50 110.10 1.60 jCnge�r�d,��pecles In March 2003 the U.S. Fish and Wildlife Service (USFWS) issued a Section 7 letter for the proposed project to the Corps of Engineers. The USFWS provided a determination of may affect, not likely to adversely affect the wood stork, red cockaded woodpecker, Eastern indigo snake, and American crocodile. USFWS provided a no effect determination for the West Indian manatee. A bald eagle nest tree is located on private property about 300 feet west of the Lely Main Canal. This nest was documented as being active in the 2001 and 2002 breeding seasons. The nest was documented as having fallen from the nest tree in May 2002 and was not rebuilt at the time of surveys conducted by Kevin L. Erwin Consulting Ecologists in December 2002 and January 2003. In July 2002 a bald eagle management plan was provided to USFWS. A revised plan was submitted to the Service in August 2002. In November 2002, the Corps revised the initial determination of may affect and requested the Service initiate formal consultation. A final determination has not been issued to date. The applicant is not proposing any construction activities within this area as part of Phase 1. Prior to initiating construction beyond Phase I an eagle management plan will need to be provided that is consistent with USFWS guidelines, approved by District, and provide reasonable assurances pursuant to 40E -4, F.A.C. that Bald Eagles will not be adversely impacted by any future phases of development. This permit does not relieve the applicant from complying with all applicable rules and any other agencies? requirements if, in the future, additional endangered /threatened species or species of'special concern are discovered onsite. App.no.: 980828 -1 Page 9 of 18 Agenda Item No. 8E November 28, 2006 Page 117 of 257 Species Potential Occurence Use Types Bald Eagle Reported Sightings Nesting Foraging Big Cypress Fox Squirrel Preferred Habitat Nesting Eastern Indigo Snake Preferred Habitat Foraging Gopher Frogs Preferred Habitat Foraging Foraging Gopher Tortoises Preferred Habitat in Foraging g Red Cockaded Woodpecker Preferred Habitat Nesting W oodstork Reported Sightings Foraging ^ �3eef.'�.} - '. of = •hw '.]rp 1 �' _ " .?w...''i ,n:��'RYS3:..'a-`R•_��.'«aF.' +Ac"" 1R,�.""' '#5 �:- y A total of 110.6 acres of wetland restoration /enhancement are proposed to offset wetland impacts associated with the proposed project. The wetland mitigation areas will be preserved through the dedication of a conservation easement to the SFWMD. The mitigation area will be maintained in perpetuity by Collier County Road Maintenance Department, Stormwater Management Section. Copy of the draft conservation easement is included as Exhibits 7a -h. The proposed project includes the construction of operable stormwater management structures. These structures are. equipped with gates which allow for lowering of water levels if needed after or in preparation for a major storm event. Collier County and the District have completed a draft Memorandum of Understanding related to operation of the control structures. This application requires operation of the operable stormwater management structures by Collier County in accordance with the MOU. Copy of the draft MOU is enclosed as Exhibit 8a -r. It should be noted that preliminary discussions have occurred between Collier County and the District concerning the District assuming limited responsibility at a future time of primary components such as coastal structures. At this time, operation of all operable stormwater managemetn structures will be the responsibility of Collier County and in accordance with Special Condition 27. CEi3 iFICATICIN; ANiD tfllAl#+ITEN I CE QF -THE INA MAN Ai0 "t Sly y . 11 It is suggested that the permittee retain the services 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 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 Rule 40E- 4361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification 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 construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit 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 with 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 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 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 protection and water quality p-1 PCses. !f deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. App.no.: 980828 -1 Page 10 of 18 Agenda Item No. 8E November 28, 2006 Page 118 of 257 RELATED CONCERNS: Water Use Permit Status: The project does not require irrigation water. Application 030317 -24 for short -term dewatering has been determined complete by District staff and is scheduled for Governing Board approval. This permit does not release the permittee from obtaining all necessary Water Use authorizations) 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 Section 40E- 2.051, FAC. Well Field Zone Of Influence: The project is not located within the zone of influence of a wellfield. Right -Of -Way Permit Status: A Right -of -Way Permit is not required for this project. DRI Status: These projects are DRIs (SFWMD ID numbers 76 -63 & 84 -175). The Development Orders for these DRIs were issued by Collier County on September 14, 1976 & May 21, 1985, respectively. SWIM Basin: The project is not within nor does it discharge directly to a designated SWIM basin. Third Party Interest: Letters from the Rookery Bay National Estuarine Research Reserve (RBNERR) were received May 20, 2002 and August 27, 2002. In May 2002, RBNERR was concerned with the timing, duration and quantity of freshwater entering the bay. In addition, RBNERR recommended the restoration of wetlands along the RBNERR boundary, compliance with water quality criteria, and relocation of the proposed spreader lakes. The subsequent RBNERR letter dated August 27, 2002 verified that the previous questions and concerns had been addressed. RBNERR requested and has recieved continued coordination from Collier County staff regarding the operations of the proposed weirs and pump station. Pollutant Loading calculations submitted with the application and reviewed by staff appear to be consistent with the information in the August 2003 Evaluation of Alternative Stormwater Regulations for Southwest Florida report which demonstrate 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 - development conditions. Enforcement: There has been no enforcement activity associated with this application. App.no.: 980828 -1 Page 11 of 18 Agenda Item No. SE November 28, 2006 Page 119 of 257 STAFF RECOMMENDATION: The Staff recommends that the following be issued : Conceptual approval of an Environmenatl Resource Permit for a Surface Water Management System serving a 329.4 acre stormwater improvement project known as WMD6 Lely and Lely Manor with discharge 39.7 acres elated to PhlaseBI of the Rsurface B 2 water management systeOm, we 2 wetland impacts, and mitigation of the project. Based on the bnformation provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Special Conditions. STAFF REVIEW: NATt RAL RES URGE LV� MEN AL pzoss�T. Mo o0, P.M.S. DIVISION DIRECTOR: Robert G. Robbins MANAGEMENT DIVISION APPROVAL TION DRAFT Subject to Coaerning Board Approral loss T. M rttSn, P.W.S. DATE: /�` �''IV SURFACE WATER MANAGEMENT DIVISION APPROVAL St1PE YI,SO �? ENGINES. G AL^UAT10 ; . % William Foley, P.E,�' William Foley, R f � DI IS N D ECTOR DATE: �U- ony till. 1PUaterfe, P.E. f. App.no.: 980828 -1 Page 12 of 18 Agenda Item No. 8E November 28, 2006 Page 120 of 257 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented 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 kept at the work site of the permitted activity. The complete permit 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 prior to commencement of the activity authorized by this permit. 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 during construction, and permanent control measures shall ba 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 waterbody exists due to the permitted 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, 1988), incorporated by reference in Rule 40E- 4.091, F.A.C. 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 is issued. At least 48 hours prior to commencement of activity 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 status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer 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 Permit 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 observation 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 permit 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: until 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.: 980828 -1 Page 13 of 18 Agenda Item No. 8E November 28, 2006 Page 121 of 257 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 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. 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. 8. 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 h efofse or independent located within the area served by that portion or phase of the sys P 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 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 with this permit, 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 Environmental 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 authority 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 documents will result in the permittee remaining liable for carrying out maintenance 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 District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. focal and special 11. This permit does not eliminate the necessity to obtain any veduiired federal, state, This permit does not district authorizations prior to the start of any activity app Y permit. convey to the permittee or create in the permittee any property rig ris y interest in eal property, by nor does it authorize any entrance upon or activities on property which the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E -4 or Chapter 40E -40, F.A.C.. 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 Internal 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 permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.C., 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, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit, App.no.: 980828 -1 Page 14 of 18 Agenda ItAm No. 8E November 28, 2006 Page 122 of 257 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 other 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 with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. App.no.: 980828 -1 Page 15 of 18 Agenda Item No. 8E November 28, 2006 Page 123 of 257 SPECIAL CONDITIONS 1. The conceptual phase of this permit shall expire on October 14, 2006. The construction phase of this permit shall expire on October 14, 2009. 2. Operation of the surface water management system shall be the responsibility of the permittee. Prior to transfer of title for any portion of the project to a third party modification of the permit will be required. 3. Discharge Facilities: In accordance with the specifications detailed in Exhibit 11 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 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 to 1 foot above control elevation to insure vegetative growth, unless shown on the plans. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 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 properly disposed of as required 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 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 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 the adverse impacts. 12. Prior to the commencement of construction, sediment and erosion controls shall be installed at the perimeter of the wetland /upland buffer areas to prevent encroachment into the protected areas. The permittee shall notify the District's Environmental Resource Compliance staff in writing upon completion of the installation and schedule an inspection of this work. The installation and location of the sediment, erosion, and /or turbidity controls shall be subject to District staff approval. The permittee shall modify the location and installation if District staff determines that it is insufficient or is not in conformance with the intent of this permit. Sediment, erosion, and /or turbidity controls shall remain in place until all adjacent construction activities are complete. 13. An average 25' wide, minimum 15', buffer of undisturbed upland vegetation shall be maintained between the proposed development and existing wetlands as depicted on the approved construction plans. Buffers shall be staked and roped and District environmental staff notified for inspection prior to clearing. 14. Upon the submittal of future construction phases, the permittee shall submit a report detailing the status of previously permitted wetland impacts and wetland mitigation areas. in addition, the applicant shall also provide updated wetland jurisdictional determinations verifed in the field by District staff and App.no, : 980828 -1 Page 16 of 18 Agenda Item No. 8E November 28, 2006 Page 124 of 257 SPECIAL CONDITIONS updated listed species surveys for each area included within the project area requesting construction approval. 15. Prior to the commencement of construction resulting in wetland impacts and in accordance with the work schedule in Exhibit No. 9, 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. This data should reside on a CD or floppy disk and be submitted to the District's Environmental Resource Compliance Division in the service area office where the application was submitted. The recorded easement shall be in substantial conformance with Exhibit 7a -h. Any proposed modifications to the approved form must receive prior written consent from the District. The easemeM must be free of encumbrances or interests in the easement which the District determines are contrary to the intent of the easement. In the event it is later determined that there are 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. 16. A monitoring and maintance program shall be implemented in accordance with Exhibit Nos 6.1- 6.33,9 for the 10 acre, 99 acre, and 1.6 acre mitigation areas. The monitoring and maintenance program shall extend for a period of at least 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 initial 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. 17. A time zero monitoring report for the 1.6 acre creation area shall be conducted in accordance with Exhibit No 6.33. The plan shall include a survey of the areal extent, acreage and cross - sectional elevations of the created area and panoramic photographs for each habitat type. The report shall also include a description of planted species, sizes, total number and densities of each plant species within each habitat type as well as mulching methodology. 18. The conservation areas depicted on Exhibits 7a -h may in no way be altered from their natural or permitted state. Activities prohibited within the conservation areas include, but are not limited to; construction of placing 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 and activities allowed under the permit authorization. 19. A maintenance program shall be implemented in accordance with Exhibit Nos.6.1 -6.33 for the 99 acre, 10 acre, and 1.6 acre mitigation areas 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 maintained 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 5% of total cover between maintenance activities. In addition, the permittee shall manage the conservation areas such that exotic /nuisance plant species do not dominate any one section of those areas. 20. Endangered species, threatened species and/or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations and/or necessary permits to avoid impacts to listed species. App.no.: 980628 -1 Page 17 of 18 Agenda Item No. 8E November 28, 2006 Page 125 of 257 SPECIAL CONDITIONS 21. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 22. Grass seed or sod, shall be installed and maintained on all disturbed areas within 48 hours of completing final grade, and at other times, as necessary, to prevent erosion, sedimentation or turbid discharges into receiving waters and/or adjacent wetlands. 23. The Permittee shall be required to demonstrate in subsequent construction applications that Bald Eagles will not be adversely impacted pursuant to 40E-4, F.A.C. If Bald Eagles are present, an Eagle Management Plan will need to be provided and approved by District staff. No clearing or grading shall be conducted during the nesting season within the primary (750') and secondary (1500') zones unless otherwise approved and all construction activities shall be coordinated with the Florida Fish and Wildlife Conservation Commission and the US Fish and Wildlife Service. 24. The Urban Stormwater Management Program (Exhibit Nos.12.0 -12.5) shall be included as part of the operating procedures for this project, 25. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 13.0 -13.9) and on the applicable approved construction drawings for the duration of the projects construction activities. 26. Exhibits Nos. 12.0 -12.5 and 13.0 -13.9 incorporated by reference and shall be retained in the permit file. 27. Operable stormwater management structures are the responsibility of Collier County and shall be completed in accordance with Exhibits 8a -r, 28. Exhibit Nos. 2.01 - 2.94, Lely Area Stormwater Improvement project plans are hereby attached by reference. 29. The authorization for construction of the surface water management system is issued pursuant to the water quality net improvement provisions referenced in Rule Section 40E- 4.303(1), Florida Administrative Code; therefore, the state water quality certification is waived. App.no.: 980828 -1 I Page 18 of 18 STAFF REPORT DISTRIBUTION LIST WMD 6 LELY AND LELY MANOR Application No: 980828 -1 Permit No: 11- 01140 -S INTERNAL DISTRIBUTION Agenda Item No. 8E November 28, 2006 Page 126 of 257 EXTERNAL DISTRIBUTION X Ross T. Morton, P.W.S. - 7420 X William Foley, P.E. - 7420 X Permittee - Collier County Board Of County X A. Waterhouse - 4220 Commissioners X C. Tears - 7440 X Agent - Law Engineering And Environmental Services X ERC Engineering - 7420 Inc = X ERC Environmental - 7420 X Fort Myers Backup File - 7420 GOVERNMENT AGENCIES _ X J. Golden - 4210 X Permit File X Collier County - Agricultural Agent X R. Robbins - 4250 X Collier County Engineer Engineering Review Service X Div of Recreation and Park - District 8 - FDEP GOVERNING BOARD MEMBERS X FDEP X Florida Fish & Wildlife Conservation Commission - - Mr. Harkley R. Thornton Imperiled Species Mgmt Section - Mr. Hugh English OTHER INTERESTED PARTIES - Mr, Kevin McCarty - Mr. Lennart Lindahl - Mr. Michael Collins X Audubon of Florida - Charles Lee - Mr. Nicolas Gutierrez, Jr. X Florida Wildlife Federation - Nancy Anne Payton - Ms. Irela Bague X Leonore Reich - Ms. Pamela Brooks - Thomas X Ricardo A. Valera, P.E. Transportation Services - Ms. Trudi Williams X Division S.W.F.R.P.C. Marisa Morr X Water Management Institute - Michael N. Vanatta 1genda item € ,,.Io. H= November 28, 2005 Page 127 of 257 EXHIBIT 1 AUG - '3 2004 N TS EXHIBIT ! F — i Item No.,81 6J2, 2 , r ]2a of ■ R \ Q J 2 ( j ( z O_ � : : :§ :• :.:.. ._,.,... - b � ) ( � , R \ Q J 2 ( j ( R; O_ H k m 0 E. b� 0 @ ,■ ! , } � \ E ( �/ 22 7% � _- \§`\ 8\ /U \k k( (§ }� | §% §% [/Ori ( mWV Floe ma %y 9mw2MP, 2«1 ■m ucj�w 29 W %%■K! Q J y2 7 ( R; O_ � - b � ) � � , O \ E ( �/ 22 7% � _- \§`\ 8\ /U \k k( (§ }� | §% §% [/Ori ( mWV Floe ma %y 9mw2MP, 2«1 ■m ucj�w 29 W %%■K! 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SECTION 1 ' 913 tl1 U ! pt 4 ON 17 I70 51 513 130 si 1 711. 1 110 014 MUTAM S7 � nm M C— _ 51 s13 [O]] 3 bl 11 5 124 1 s2 ZZ „o '624 513 110 110 i� O Agenda Item November 28 X Page 137,777 1 11I 1 f i i�4l�dl! -I 3j e d ", 3�y�•ir'�z. � � NN q� N QO8 i4 Ihy.1 tl i- 1lliii IIil1 110 ,22 120 ,20 416DE1� 411 513 \ 411 120 122 120 � 515. 53 et4 cwON x Or&NxMfVhM 'IUVB I'I 1 ,M 130 EXHIBIT 39 �! A TTN6 g' �U DAL e24E3 . 411EZ 172 � 1 129 11 r ( 644 .: .. 11E2 411 Ls 411 ' --- 624 416 411 � _ 476 624E2 411 . 624 _ 625DE1 i 411 4111 624E3 _ °I 4t6 m 5: illI 110 625E2' °,$11 }1 110 NOT NAPPED 51 ' 3 3 62562 III °- YYC„ >St1 U 51 41E r 110 S1 13 nz s1 172 0 AL r a,5 e14s 51 os+s9 �dss �uZx�s�r ,agenda Item NJI ME November 28. Page 138 �Is�NI�RI��a I2 mIMI II 1 3 III I �'' "pp illy IyN� It1ki�,I�� Fi I —j- � i I g 1 1 1 � WI t WI II II�� � ►�� IW 10 I O O Ia IA. Im'.m i .gym o Im �ij( I 1 O O C O to O 10 O O IG iC IDI Io I I J S, a N J tl A 1 tl 1 A o ul Ill ' ill I_ ry o3y2 H I EXHIBIT 3h oo+r9:visaNr'lHD,LVX 4 si Agenda Item Vl- November 28 l MQ= Page 13W2 ga 4 F� EXHIBIT 3i 171 C KIN" I ill �^rv` 11l Li 1 EXHIBIT 3i AM y lw-0\18 AW 1XII Ln 0 Agenda Item N13. �E November 28, 14DQI Page 140 F� LILI till, I t P, .I r'll, R c4 r4 W', tQ tn z tn ICI EXHIBIT 3i j ! I I 'ILI ..... . .... 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November 28. 120w, Pane 144 wT27 Inn 0 �1� R��`�Ii°II'���I ol Li 03 r l;l lK ar Z Ll F771 L d Li 03 r l;l 437 lic -16 D,E4 70 US 71 Agenda Item November 2E Page 145 4 .42 1 42* 12 f — R 416 Ej ro I., O: 41 424 '71 0!0 . . . . . . 411 U _PROP. SANTA SAIWARA COMCCTOR ROAD. .424 ' 41 41 E 12D 6124 -E 70 US 71 Agenda Item November 2E Page 145 z W glum EXHIBIT 30 12 l i j 1001 F1 — R ro I., Ddb '71 0!0 z W glum EXHIBIT 30 cis .QCs m S US _ Agenda Item IN November 28, Page 14nc ICE ol01'00 ootol�I.I`'a' .p 1� NIW W Ni�ll+i w.< m m dlo d lclo�co blo lcjo , ®® H 6 O �. °aa wa �ti 8�yz h h I I ' ll';I li EXHIBIT 3p �I . 4�� i Agenda Item November 2 Page 14-1 U ti lit I EXHIBIT paoz USSvi � m oil , Z45. 74.&2 120 524 E2 6 24 ET November 23, PPQQ Eli I EXHIBIT 3r I _ Y : ji I |` . ^ F7 M -,.,I wl Lill, u I ILI Eli I EXHIBIT 3r I _ Y : ji I |` V; .LJ9HS 2HS 00 +89 :d,LS aNlwolyn 4 tJT { °J11 '10 ryO aJ JJO Agenda Item November 28 2006 Page 149 f 257 I I _- t• - I -_''- I� ail ; OII '.,1piOio'D' 0!0 .0,9! 1 V �N�N'N ,IN INN N 'M 0,,o 0 0 0�I o.l otol�'iO.o oa _ I_u R y 1� h a �o C w� aqa Z tC N V�b Iel N _LIIB -i J�II jl � I 11 � � w W o c 4 0 1 1 1 1 1 P R y 1� h a �o C w� aqa Z tC N V�b Iel N _LIIB -i J�II jl � I 11 1 SECTION 19 140 *„'°' 418E2 SECTION 120 pray 41M2 818 r4l SECTIC ME WE2 140 513 41E v \ i � SAC SDI Slams gas Aaenda Item f November Paae 150 r J / LL i��N 1 f lg. � I Q mojp'i i 11114,1011 ti � S 8 € 3 w ry w i �o a$ yn pa yQ� p yz U h !; I I I � 11. I k! + 1 1 1 EXHIBIT 3 t gl F LL CW7 f� W 5 11114,1011 ti � S 8 € 3 w ry w i �o a$ yn pa yQ� p yz U h !; I I I � 11. I k! + 1 1 1 EXHIBIT 3 t gl I , 1= In rq < 0 W U Agenda Item I November 28, 2006 Page 151 :)f 257 lit `ti la 0 0 0. 0 O C 0 EXHIBIT 3u ICI O z z k I rL lU 1 llt EXHIBIT 3u ICI 00+[9 :VJS JM'IHDLVN 2 R Agenda Item r4ct4 Ng 1`�',-vember 28 [X)FP—)At Page 152 f 257 �o c 0 ol l'o Jo C, ;o 10 9 71. III F. -1 L-1 EXHIBIT 3 v I E Ci Y, Iii 1, lil . Agenda Item 1,16 -Rc November 28, 2006 Page 153 :)f 257 1-71- - 1 i 1 1 1 -1 '0 1 C) 0 10!0 0 101 LLL i Z! 0 i "Zi 00 8:,Do U0, wo 1 so 08: EXHIBIT 3 w 11 La � I kRl tr 9i , . 1 I fL < ltl EXHIBIT 3 w 11 La � I kRl tr 9i , . 1 I r llf� %R Agenda Item Flo November 28, 2 " Page 154 of 257 I ^1mi I ��JI In it il�l3 3'3'3'3: 10 y 00 0 _o i;, I i it 30 N► N uW e Ozo$ �¢xZ e Q h 2 y p I{ II li 'I EXHIBIT 3x °I ; !, U � LL a a z s at o a W 1 h 1 � A 0 I ill 111 II it 30 N► N uW e Ozo$ �¢xZ e Q h 2 y p I{ II li 'I EXHIBIT 3x °I ; !, Hi IEZ z 9u 0 IQ zo Agenda Item -A a! 1. r2O 0 6 November 28 00 f Page 155 f 257 E LL Ir-jsn j-% I j t < U u Q z z �9. 2 ir I 17771 L Lj IT 3y 36 / 243 514, 211 ai-V ION 30 41SE2 at a I Agenda Item Nc November 28, 1,96" Pace 156 of 257 4 I� mph rival �,i a R 2 Ll0111 Ll H it I Ills II it II 4 ISE 2 322 41SE4 743 514 743 243 36 / 243 514, 211 ai-V ION 30 41SE2 at a I Agenda Item Nc November 28, 1,96" Pace 156 of 257 4 I� mph rival �,i a R 2 Ll0111 Ll H it I Ills II it II IL tiC ti Z"N I qty Agenda Item NV.-- 't, P,—E November 28 2006 Page 157 �f 257 lie. I! 9 2 W lit lli 0! lit yay co� me ::.F ;1 Agenda Item N iSE, November 28, Paoe 158 o 257 2 8 4 5 F 7- it < u U 3 9 lil Pill 19 L i EXHIBIT 4 b Mill! t O O R ly O N O N O O- G C O C C C C C C f] N C O N C N p m C C O m C += 0 0 C C N O 4 p ga �re� i_ ^ N N N q ay O v m — Kevin L. Erwi '--ucr eua ncr i i i vv. ter_ EXHIBIT 5 -�M"'a �� °� °, �k 2006 age e of 257 WESIPORT CO ERR E E TE Sy CED MOCK SANTA `— ppp--- ---yyy BARBARA BLVD. �.�.'_...�: ... • . • ' • • • • • ;TNU i I I I I � 1� IM II 1 a II 1 I _ I .. GO NTR P NATION �iti� - :-. G CLUB ttjj D:.::: 0 .T}IE CLUB ESTATES 10 ACRE 99,ACfitE MITIGATIQN SITE tTIGATION S W W a 1 NAPLKES CO YCLUB S • RATTLESNAKE HAMMOCK RD!-? Noie sass map and mitigation ske in o -nation oceh:ad from Agnolt, Barber & Brundage, tnc. and Collier county Government WebsKe. Figure G-1. Proposed mitigation site locations -*—CR 951 Kevin L. Erwi Consulting Ecologist, ZOTr B�yaWS F+��M Fort Mym %ft, WWI (WI) -, EXHIBIT 5 -�M"'a �� °� °, �k Agenda Item No. 8E November 28, 2006 Page 161 of 257 APPENDIX G ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION PLANS EXHIBIT (o Agenda Item No. 87 Appendix G: Environmental Impacts And Proposed Mitigation Plans November 28, 200 Page 1 ,7 APPENDIX G ENVIRONMENTAL IMPACTS AND PROPOSED MITIGATION PLANS G.1 ENVIRONMENTAL IMPACTS G.1.a Introduction The proposed Lely Area Stormwater Improvement Project consists of improvements to the existing drainage system for the 11,135± -acre East Naples area which formed the major portions of the former Water Management District # 6 area. Careful design of the project has avoided wetland impacts where possible and minimized unavoidable wetland impacts to the maximum extent practicable while still meeting the overall project purpose. A detailed discussion of the alternatives that have been considered as part of this process is presented in the Region 1 through 7 narratives. The construction of these facilities will result in unavoidablc impacts to some wetlands. The process used to delineate these wetlands and assess their functional capacity, as well as the proposed compensatory wetland mitigation plan, are described below. G.Lb Wetland Assessment A significant quantity of information is available regarding the distribution of wetlands throughout the project area. Substantial portions of Regions 2, 4, and 6 contain existing developments. WilsonMiller has mapped the uplands and wetlands in the majority of undeveloped portions of Regions 3 and 7 as part of their work on the proposed Santa Barbara extension. WilsonMiller has also delineated wetlands in the southeasterly half of Region S in association with the Lely Lakes project. Kevin L. Erwin Consulting Ecologist, Inc. has previously delineated the wetlands in the northwesterly portion of Region 5 and all of Region I as part of the Sabal Bay project. In several locations, the existing mapping described above did not provide adequate coverage for proposed impact areas. At these locations additional mapping was undertaken. Mapping was also revisited at the locations of proposed impacts to insure that the delineation of the wetlands within and immediately adjacent to the proposed facilities was accurate. The wetland and upland communities in these various areas were mapped using the Florida Land Use, Cover and Forms Classification System (FLUCCS) mapping nomenclature. WilsonMiller and Kevin L. Erwin Consulting Ecologist, Inc. used a slightly different adaptation of the 1985 edition of FLUCCS. Therefore, a unified FLUCCS code list was prepared for this project to insure that similar habitats have the same FLUCCS designation across the project (Table G.1). The extent of exotic species infestation was also documented. Areas that typically contained greater than 85 percent cover by exotics and less than 15 percent cover by native vegetation were mapped based on the dominant exotic (i.e. FLUCCS Code 424 for melaleuca monocultures). The resulting vegetation and land use maps are included in the Phase 1 Construction and Conceptual Plan set. Table G.6, "Wetland Impact Summary by Region" is also provided at the end of this Appendix. EXHIBIO'i c Agenda Item No. 8E Table G.1. OVERALL PROJECT FLUCCS CODE LEGEND November Page 163 3 2006 of 257 FLUCCS Code Habitat Tyne 100 Urban and built -up 110 Residential — low density 119 Residential - low density under construction 120 Residential — medium density 121 Mobile home units 129 Residential - medium density under construction 130 Residential — high density 139 Residential -high density under construction 140 Commercial and services 144 Cultural and entertainment 172 Religious institutions 175 Government facility 177 Other institutional 182 Golf courses 186 Community recreational facilities 210 Cropland and pastureland 213 Woodland pasture _ 214 Row crops 240 Nurseries and vineyards 243 Active nursery 247 Abandoned nursery 250 Specialty farms (horses, kennels, dairies, other) 261 Fallow cropland 310 Herbaceous/rangeland — rock outcrop 321 Palmetto prairies 322 Coastal scrub 324 Saltbush shrubland 411 Pine flatwoods - palmetto understory 414 Pine — mesic -oak 416 Pine flatwoods- graminoid understory 419 Scrubby pine flatwoods 421 Xeric oak 422 Brazilian pepper 424 Melaleuca 426 Tropical hardwoods 427 Live oak 428 Cabbage palm 434 Hardwood — conifer, mixed 437 Australian pine 511 Tidal creek 513 Ditch 514 Drainage canals and ditches 515 Drainage swales and similar features 525 Cattle watering pond 526 Borrow pit ponds 527 Stormwater management lakes 528 Stormwater management detention/retention areas 542 Inland tidal ponds 612 Mangrove swamps 617 Mixed wetland hardwoods 623 Cypress EXHIBIT Appendix G - Environmental Impacts And Proposed Mitigation Plans Agenda Item Nc�. 8E lvovernber 28, 2006 Page 164 of 257 624 Cypress -pine- cabbage palm 625 Hydric pine flatwoods Mixed wetland hardwoods and conifers 630 Vegetated non - forested wetlands 640 641 Freshwater marsh Freshwater marsh, sawgrass dominant 6411 Freshwater marsh, cattail dominant 6412 6.417 Shrub marsh 642 Saltwater marsh 6429 Saltwater marsh, shrub dominant 643 Wet prairie Scrub /shrub wetland — willow /wax myrtle assoc. 6461 650 Saltern 740 Disturbed land 242 Borrow area 743 Spoil area 7461 Disturbed lands, herbaceous cover Disturbed lands, shrub and brush cover 7462 Previously cleared land 748 7481 Previously cleared land, herbaceous cover Previously cleared land, shrub and brush cover 7482 811 Airports 814 Roads and highways 8145 Improved, unpaved roads 8146 Primitive dirt roads /trails Unimproved, unpaved roads /trails 8147 821 Transmission towers 822 Communications facilities 830 Utility S31 Electric power facilities 832 Electric power transmission line Electric power transmission Zinc- herbaceous cover 8321 Electric power transmission line- forested cover 8322 Electric power transmission line- shrub/brush cover 8323 Electric power transmission line- access road 8324 Electric power transmission line -water bodies 8325 8341 Sewage treatment plant Alodifrers: E = 10 -24 % exotics E2 = 25.49 % exotics E3 = 50-75 % exotics E4 = > 75 % exotics D = Disturbed (fill, logging, clearing, nuisance species, etc), not including exotics or drainage G.I.c WRAP Impact Scoring The Wetland Rapid Assessment Procedure (WRAP) methodology was utilized to score the wetland functions of areas proposed for impact. A summary of the WRAP scoring is presented, below as Table G -2. L..i E)(HIBIT a N t� d a F A O bA d L 0 u 3 L r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C3 � ,Q �F'j+ lYjj O, ovme2, a 165 of o o�io a o p O O O O O O O O C O Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N s C O L cu 01 ` V t v� tr i v� O O O In n O n n n O O O O O n O In O a y -- N N N N— N C C L to � C. as +ar a O h O w'1 V1 V'1 Q on 0 0 0 0 0 tr1 v1 N N O O N O 3 > `a o O 0 O v, �n O O "J. �n O v-: to Wn v) Ln V1 0 0 0 0 Wn In O to O ., .- C •-- N C -- N N O O N O d • y L .. a M oc — ,a, N r- M M M M r'1 N N N 'T t- "too CG a y N ,n CC n oo n N 1, ^ c oG v, N n �c r a M n o0 n 00 r"I oC 00 t- C' M ~ Q C C C O C 0 C O O O C C 0 0 0 0 G O 0 0 0 0 0 U� 3 a c 00 N - N t� M M V'l t� — M o0 V'1 00 to ,,, ,� N c^ ti c} �' %n 00 00 r..� i. Z N V') N � M O --4 N M M O M N O O C ^- O N O tt O O v C O� O O o 0 0 0 G O O C C O O O O Q O O 00 K � Q fs. II w ++ m O O O 0 0 0 O O O C O O C O O O O C O O 0 C C O Q {, N w N W fln w It N W C N W N W 10 %�O 00 N LLl M LI± M W N W M (il M Li] W LLl et 7^ N L3] ~r1 to to W) v1 Ln d NO N W w cz .a i 00 i CO 00 00 00 i 00 00 O i 00 00 00 DO pp (( X333333333333 � � 8p 06 257 rbs /igEnd3 I en N .8E � op kr L ::• 000000000000000000 0000co 257 3 a M f'1 M M M en [+1 L a e=C O O O O J O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V1 O O N N N N N N N N N N N N N N N N "('A N "CNN N N N O N N W v'° C u v, v,�nv,v,v, �;�nq�.•,v;v��nNa;o N N - r- — _, — N N � =3m -a c=a =•a 0000�o�o�no�n�no�n�n0000000Cno 0o�n N O N N O N M L a on ca ° ea �n00000�no�n�nv�v ,d�n`^0000000�no 0 L U C— Nj �.j _. N O Z O O N N N N N N O N N O N N U 3 d� L L s o Ln U CID � C O Cr %q V) '.�' O O h v1 O O vi vi Vl v'i V1 �!1 G V1 Q O O O N N 3= A y L O � •- l� !� �C ii !Y V' V'V qT � V^ O� h- O, On T M �D M M N N M M OC 00 _ O �!1 V1 � N N M OC :T M a �3 s tr'i O N � N t� M - 00 t` N � M � Ln � 00 h 3. O .�+ vi v'� ID 0 c _ C = O O O O O a X O a d cc O w i M - N _. v' i v'i v! _. N O - c o o rq w Lit Li] L7- LLB W N i •� R (, O �7 7 •ct N N Q [:] LIJ V' W — Li] C 'V' N N C' N N Vr �D �D �D �D N N N •— V' O ':: � t� V' � .,•� .a- N N N N N �D 'It 3w e� X_ '7 IS N d C4 .a �G �o �a �o �c �a �c 3Z 3333333333333 `�o A to 7 u 0 a a 7 C Q N G 03 . is c d 0 Sal K d G Q o. 8E 2006 f 257 TO L� !tein rc P O M M K1 M M C•i M f•1 M M M M M M C1 r'i M M C*1 e�1 C*i M M M K! g � A1 c o = kn%no000o000kn00000%no0000oc 0 o 3 ° z V' V: O i'^y O O v1 tiro O a O o 'n o O O n �n -n O -1 O v1 n O O N N •^ — N N O" N N N^ N O CV N N— 3 V u OD 6j +r G y V O v'� v'i 0 0 0 0 vi O O O O o 0 0 o to kn Y1 Vn to kn to kn O V1 to O U N N N N N O N O^ N N -- N N N cw > > O L L O Cl1 U [!J 'ea p, .B G O O Wn �n O to O O O �n �n 0 0 vi vi �n C N N N N N N 3= 3 L u h C L^. h I'D --zr 14) h V? 'ID h un a r : h h V: h Ln 0 0 O O �D h 000 000 C o C) CO o O Ci O 0 o o 0 O O C O Q 0 0 0 U� 3 c .0 C, M M C+ M 00 h 00 00 N r o O CQ O h M N 7 h ._ M M to O O O O c:, Ci 0 » O O O O O Q o 0 0 0 0 0 Ci ae p 0 0 � Gr. u v w L N "IT 'S ^ M N 00 00 O n M ID N M n V' ^ r-: .-. E Q 0 Cl 0 0 0 0 0 0 0 0 0— CV O O O O 0 O O O O O O C> 0 0 .Q ^C C U N M M M N N M M N N M N M N N M D d et D �G O c d' N 00 N 00 N N �D —IT N h -- el N— h N N N N— N N— �D \.:. 'IT •D %0 d- It .o IT ID er rr .D er .O \D I'D N ID �D w v .D \C c M .o ct 3 .a h 00 .:. N (V N 4n N Ln N %n N Vh CV V1 N Y'1 N tn N V1 N M �� � 33333333333333333 � i � i � � i � i � � 3 o. 8E 2006 f 257 TO .agenda Item No. 8E L = November 28, 2006 3 NMNMMMen MMenrn M Paeae168of257 a Vu � * 0 0 0 0 0 0 0 0 0 0 0 0 0 y 6 N N N N N N N N N N N N N N 3 A z c���,r„�In�n0000000000 as 'B d N N N N N N N N N N N N N N Q�3 1 e0 = • d �n vi �n v� O �n Ire In O O O O O � N N N N N N L � d N N L Q. r4) or, N r. N"r, r r p, M a O, N N N N N M M (y N N N N r a- d. E Q U r- r 6 6 Irl O C/} � 'o � r t O O O C ^J 0 0 0 � O L 0 r'1 C ca � ca CdC t. O vM'1 N � N M M 00 a 00 N �N, N N N N N N 'Q 0 0 o � W � 3 :r C ry+ c h O � L ` u p Q. r4) or, N r. N"r, r r p, M a O, N N N N N M M (y N N N N r a- d. E Q `? 6 r- r 6 6 Irl O �o � 'o � r t O O O C ^J 0 0 0 � O L 0 ca � ca vM'1 tT � N M M 00 a 00 �N, N 0 0 o � W G. :r C ry+ c h O 00 N is C C U W W W W W W _ _ W W W W W W W W •� e=0 y C N zt N N fV N N N N N N 1 F � G = Z d N N N a+ C I3 z 1 I3l3'3'3`313 I 1 1 1 1 1 1 1 1 1 1 1 31313I3�3I3I313I I E XH Appendix G - Environmental Impacts And Proposed Mitigation Plans Agenda Item No. 8E November 28, 2006 Page 169 of 257 G.2 WETLAND MITIGATION PLAN G.2.a Introduction Over the past several years, the Collier County Stormwater Management Department (County) has met with the regulatory agencies to discuss the proposed project, including the required wetland mitigation plan. The County has been directed to provide compensatory mitigation within the 11,135 -± acre project area. Mitigation opportunities are limited in the southern and central portions of the project area due to existing development, real estate prices, and limited availability of land for sale by willing sellers. However, the County has pursued two parcels in the northeastern portion of the study area. A 10.1± acre parcel (Section 9, Township 50 South, Range 26 East) was purchased by Collier County. The County is negotiating a two -year option to purchase an adjoining 99.2± acre parcel (Section 15, Township 50 South, Range 26 East). Both parcels are contiguous to other existing wetland mitigation areas (Figure G.1). A third area, the remainder of the existing Lely Canal downstream of the proposed outfall spreader lake, has also recently become available for use as wetland mitigation. The existing conditions of these mitigation parcels and the proposed wetland mitigation plan are described below. G.2.b Existing Site Conditions Both the 10±.-acre parcel and the 99± -acre parcel consist primarily of wetlands and are typical of the types of wetlands found throughout the Lely Area Stormwater Improvement Project. Each parcel was mapped using the FLUCCS mapping nomenclature (Figure G.2 and Table G.3) and evaluated using WRAP (Table G.4). The extent of exotic species infestation was also documented and labeled as follows: E1 10 — 24 % coverage by exotics E2 25 — 49 % coverage by exotics E3 50 — 75 % coverage by exotics E4 > 75 % coverage by exotics Areas that typically contained greater than 85 percent cover by exotics and less than 15 percent cover by native vegetation were mapped based on the dominant exotic (i.e. FLUCCS Code 424 for melaleuca monocultures). The dominant habitat types occurring on these two parcels are described below. ME Appendix G - Environmental Impacts And Proposed Mitigation Plans Agenda Item No. 8E November 28, 2006 Page 170 of 257 Table G.3. Ten acre and 99t acre parcels existing vegetation summary l Of Acre Parcel 99t Acre Parcel FLUCCS Habitat Acres Percent of Acres Percent of Total Total Code 321 Palmetto Prairie - - 2.2 2.2 411 Pine Flatwoods - - 17.7 17.8 416* Pine Flatwoods, Graminoid 3.8 37.6 22.1 22.3 Understo ry 424* Melaleuca 2.7 26.7 56.6 57.1 621 * 2.3 22.8 - 624* -Cypress Cypress-Pine-Cabbage Palm 1.2 11.9 - - 743 Spoil Areas 0.1 1.0 1 - - Roads and Highways - - 0.6 0.6 914 TOTAL 10.1 100.0 99.2 100.0 * Wetland Palmetto Prairie (FLUCCS Code 321) This upland community is dominated by a thick saw palmetto understory with widely scattered slash pines. Other plants present include bracken fern, grapevine, smilax, fetterbush, and pennyroyal. Pine Flatwoods (FLUCCS Code 4111 This upland community type occurs as small islands scattered across the 99t -acre parcel. A canopy of slash pine and an understory of thick saw palmetto ranging 3 to 7 feet tall dominate it. Other plant species present include scattered live oak and cabbage palm, beautyberry, grapevine, winged sumac, and pennyroyal. Exotics, primarily melaleuca and Brazilian pepper, are also present in varying densities Pine Flatwoods Graminoid Understory (FLUCCS Code 4161 This transitional wetland community is the dominant wetland type in the eastern half of the 99f- acre parcel. Slash pine and melaleuca are the dominant canopy species. The mid -story varies depending on the location but typically consists primarily of melaleuca, pine, and cypress saplings. Scattered saw palmetto, dahoon holly, cabbage palm, and swamp bay are also present. The ground cover stratum varies depending on the density of melaleuca in the canopy and mid - story strata. In more open areas species such as swamp fern, little blue maidencane, yellow -eyed grass, Florida three -a-wn, saw - grass, and grapevine are present. In areas of dense exotics, ground cover consist primarily of bare ground / duff with scattered patches of the species listed above. Melaleuca (FLUCCS Code 424) The majority of the western half of the 99t -acre parcel contains this highly disturbed wetland habitat. Melaleuca is the dominant species in all three strata. Widely scattered pine and cypress are also present. Ground cover is primarily bare ground / melaleuca duff with scattered small patches of swamp fern. This area was probably historically either hydric pine flatwoods or a cypress — pine mix that has become dominated by this problematic exotic. Q' W �, -.., � M M M c•i M e*1 M M M M M M ty'1 0 p ' G,r 0 Jim "'�st^ `. O H O v'� � O O O O O O O G O N N N N N N N N � O aiav Q' W 00 00 O� O O+ V) a O A Item No. 8E ler 28, 2006 s 171 of 257 IT L-11 L a�n0v,0%n00 00tn $ lC N- N O o� p 'r•+ : v'� �n vi vi �n O v1 �n �n O v� v� O a 47 rr .� OG O D\ C� t- O r r` N V1 C O O O O G C O 0 O a> O 0 C O O O U a a O ri e7 N r` O O r` M 00 t- c� M 00 M r [ � r- G \D vj cr1 d .� O O M N O O N 'TJ C M t4 U: W W W W LL] <f til W W W W W r-- N N N N M 7 to t- to G] rl] oa•�.',' o�o,env+c,a,C� aooad 00 00 O� O O+ V) a O A Item No. 8E ler 28, 2006 s 171 of 257 IT L-11 Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda item Na. 8E November 28, 2006 Page 172 of 257 Gress (FLUCCS Code 621) This wetland community is located on the 10± -acre parcel. Cypress dominates both the canopy and the mid -story. Widely scattered cabbage palm, slash pine, dahoon holly, and swamp bay are also present. Melaleuca is common in the mid -story. The ground cover stratum is typically composed of species such as swamp fem, sawgrass, Virginia chain fern, and melaleuca seedlings. Cyp ss Pine Cabbage Palm (FLUCCS Code 624) Wetland areas in this category are also located on the 10± -acre parcel. These areas are vegetated by a mixture, of slash pine and cypress. Melaleuca dominates the mid -story. Ground cover species inclue swamp fern, sawgrass, beakrush, and wiregrass. In areas of dense exotics ground cover is primarily bare ground / melaleuca duff. Spoil Areas (FLUCCS Code 7431 This disturbed upland habitat is located along the south edge of the 10± -acre parcel. The berrn is vegetated primarily by melaleuca with scattered cabbage palm, slash pine, beautyberry, and grapevine. There is a 10 feet wide gap in this berm, located approximately 160 feet from the east property corner that allows surface water to ?rain from the wetlands to the north into the adjacent canal. Roads and Highways (FLUCCS Code 814) A narrow strip of land that has been improved as part of the CR 951 expansion is located along the east boundary of the 99± -acre parcel. This area consists of the sodded side slope of the road. The 1.6± acre mitigation area located at the downstream end of the existing Lely Canal channel consists of two FLUCCS Codes (Figure G.3). Each is described below. Drainage Canal and Ditches (FLUCCS Code 514) This area is the existing excavated Lely Canal channel. It is primarily open water with a narrow fringe of Brazilian pepper and mangrove. Spoil Area (FLUCCS Code 743) This upland area is the spoil berm /maintenance road associated with the canal. It is maintained on a periodic basis and is vegetated by a variety of weedy species. G.2.c Adjacent Land Uses Consideration of adjacent land uses is an important component is the design and placement of a successful wetland mitigation project. Adjacent land uses have been evaluated and are favorable for both the l0± acre and 99± acre parcels and for the 2± -acre mangrove restoration area. The majority of the perimeter of the 10± acre and 99± acre parcels consist of existing wetland mitigation areas (Figure G.1). To the south of the 99± acre parcels is the 154± acre mitigation area for the Naples Lakes Country Club project. To the north is the 86± -acre mitigation area for The Club Estates. That mitigation area also forms the east boundary of the 10± -acre parcel. The north and west sides of the 10± acre parcel consists of the 261± acre mitigation area for the Naples Heritage Golf and Country Club project. The 1.6± acre mangrove restoration area has also been sited in an appropriate location (Figure G.3). To the west is a good quality tropical hardwood hammock, to the east and south are existing mangroves, and to the north is the proposed outfall spreader lake. While no development plans have been approved for the surrounding pr , f LM in M I I Appendix G: Environmental Impacts And Proposed Mitigation Plans rA Agenda Item No. 8E November 28, 2006 spreader lake and the quality of the adjacent habitats it is unlikely that future development Pe 17 257 be permitted immediately adjacent to the proposed mangrove restoration site. G.2.d Wetland Mitigation Plan The enhancement proposed for the 10± acre and 99± acre parcels is similar in nature and will discussed together. The activities proposed at the 1.6± acre site are substantially different and will therefore be discussed separately. 10± Acre and -99± Acre Parcels The mitigation proposed on these lands is the enhancement of wetlands via hydrologic improvements, exotic species control and native plant establishment, and the preservation of existing native uplands. The implementation of this component of the mitigation plan will result in the enhancement of 14.8± acres of cypress, 49.5± acres of cypress — pine, and 24.3± acres of hydric pine flatwoods and the enhancement and preservation of 19.9± acres of native uplands on the two parcels. Each aspect of the plan is described below. The wetlands are currently drained via a breach in the berm along the north side of a canal that forms the south and west boundaries of the mitigation sites (Figure G.2). This breach is approximately 10 feet wide and is lower than the natural grade of the adjacent wetland. This allows the canal to directly drain surface water from these wetlands. Since the canal doesn't connect to anything water levels in the canal and therefore the adjacent wetlands are currently controlled by adjacent ground surfaces at elevation 9± NGVD. As described in the Region 7 narrative, the improvements to the canal system in this area consists of improving the existing berm (to prevent over topping and minimize subsurface flows to the extent practicable) and replacing the existing breach with a gated weir. The weir has been set at the existing seasonal high water elevation (9.4 feet NGVD) and has sufficient width to pass peak storm events without causing upstream flooding. This weir will also prevent direct surface drainage of the wetlands below elevation 9.4 feet NGVD and thereby extend the hydroperiod of these wetlands. This control elevation is compatible with the existing wetland mitigation areas to the east, north, and west of the structure. Not only will the proposed weir enhance the hydrology of the wetlands on the 1 O± acre and 99± acre parcels, it will also positively affect the hydrology of the surrounding conservation lands. Significant portions of both properties have become dominated by exotic species, primarily melaleuca. In areas of greater than 50 percent cover by exotics the melaleuca will be controlled via either mechanical clearing or hand cutting. Care will be taken to minimize damage to non - target native vegetation and disturbance to the soil. In areas with less than 50 percent cover by exotics, the exotics will be removed by hand. Exotic trees will be cut just above natural grade and the stump treated with an appropriate herbicide. Treatment will occur within one hour of cutting to ensure maximum uptake of the herbicide. The dead material will either be removed from the site or will be stacked in place and allowed to decompose. Herbicides will be used in strict accordance with label directions by trained applicators. Care will be taken to reduce damage to non- target native species to the maximum extent practical. Treatment of exotics will also occur in the native upland communities on the 99± -acre parcel. Once the exotics have been treated the wetlands will be planted, as needed, by native species. Based on available information, a conceptual planting plan has been prepared (Figure G.4). The most deeply inundated portions of the site will be planted wi s e a (*.13 Appendix G: Environmental Impacts And Proposed Mitigation Plans 'agenda Item Na. 8E November 28, 2006 will be planted with slash pine. Intermediate elevations will be planted by a mix of cYP Ohl of 257 pine. Prior to planting, additional topographic information will be obtained. This information and the distribution of existing native vegetation will be used to fine -tune the planting plan. The trees will be container grown, three feet in height, and planted in a random pattern at densities of 200 trees per acre. In areas where live native trees are present, those trees will count towards the required planting density. Ground cover species will be installed at densities of 4,840 plants per acre in areas that contain less than 33 percent cover by native ground cover species following exotic treatment. The species to be installed may include sand cordgrass, panicum grasses, spike rush, wiregrass, sawgrass, swamp fern, pickerelweed, and arrowhead. The final species list will be based upon site - specific conditions and on plant material availability at the time of planting. 1.6± Acre Mangrove Restoration Site The portion of the existing Lely Canal and associated maintenance road will be recontoured to match the natural grade of the existing mangrove community to the southeast (Figure G.5). Once final grades are attained, the area will be planted with salt marsh cordgrass in order to stabilize the substrate. Mangroves will become established in the area via natural recruitment from the surrounding mangrove system. If, after two growing seasons mangroves do not become established, then mangroves will be planted. A WRAP analysis has also been conducted to determine the amount of increase in wetland function and value associated with the restoration plan (Table G.5). This analysis indicates that the mitigation areas will contain 82.81 functional units at the successful completion of the mitigation program. The existing condition WRAP analysis (Table G.4) documents that 48.81 functional units currently exist on the three sites. Therefore, the proposed wetland mitigation plan produces 34.0 functional units of wetland mitigation (82.81 (post enhancement) — 48.81 (existing) = 34.0 functional units produced). r Agenda Item No. 8E November 28, 2006 75 of 257 W) CIS L 0 In 0 0 C 0 w 0 0 0 C h 0 0 Ua 0 G O C ° c m v G h r_R W o � a o O � L V1 v •� C ea Q � o a d Agenda Item No. 8E November 28, 2006 75 of 257 T Ol L 0 0 0 0 0 0 0 0 0 0 0 O a � o -- fV N N N N N N fV fV N N N M O °u :� � �« r` � oc �O v'1 an O O O O O v� C• C? V ..�.� a y N N f V N N N M t+ i M M M N N M a. h. u A .Q d O M M M M M M M M M M M M M M V� V 0. .0 p% O O O o 0 0 0 0 0 0 0 0 o 0 yy V M M t•'7 rM M t-i M M M M M M M M 3 o. .b OQ O Ln kn v'1 C) J I'D O 0 N N N N N N M M. M M M M M M a 6i w O G� -, O` m O\ c, N r- r- O �p C:6 o0 M O, M M O, O` rn O, Cl a O; O. 0 0 C5 0 0 U r O O 7 O r- x � 00 r- r` O' M a "D mil- v) N O N O, V' OC � N 'IT \10 7 G N M C' O ,N O O M N O O N O, --. W 93 d 00 M kn f` � 01 ,O NO F' d to ,oM�r��`�oo�° Mcvooc�iO� a U rq rq rq C14 w a Ito w w PC y .� N M C V7 14 r- 00 LM T Ol Appendix G: Environmental impacts And Proposed Mitigation Plans 17 Agenda Item No. 8E Novemb,ar 28, 2006 Paoe 176 of 257 G.2.e Wetland Mitigation Maintenance Plan A routine maintenance plan will be initiated upon the completion of the initial exotic treatment and native plant installation. For the first two years following the initial treatment each mitigation area will be inspected twice a year and all exotic and/or nuisance species will be treated. After the second year, inspections and treatments will be conducted annually during the dry season. G.2.f Wetland Mitigation Monitoring Plan The proposed monitoring of the enhanced freshwater and restored mangrove wetlands will consist of time -zero monitoring and annual monitoring of vegetation. The time -zero report will document the conditions immediately following wetland restoration (i.e., exotic removal and restoration area plantings). The annual reports will document the extent of success of the project and, if needed, identify specific actions to be taken to improve conditions within the project area. Sampling stations and methodology of data collection will remain the same for all monitoring events. G 2.f(1) Vegetation Monitoring The vegetation within the wetlands will be monitored using the line intercept methodology. A 300± feet long transect will be established in representative portions of each wetland area. A measuring tape will be stretched along the transect and the plants occurring directly below (ground cover) and above (mid -story and canopy) the tape will be recorded at 3± feet intervals along the transect. Ground cover species include woody vegetation less than three feet in height and all non -woody plants. Mid - story vegetation consists of all woody plants greater than three feet in height and less than 4 inches DBH. Canopy species consist of woody vegetation greater than 4 inches DBH. Bare ground and open sky will also be recorded in this manner. The resulting data will be used to calculate percent cover of the three strata. G.2.f(2) Wildlife Monitoring Regular observations of fish and wildlife will be made during all monitoring events by qualified ecologists. This will consist of recording evidence and signs of wildlife (i.e., direct sighting, vocalization, nests, tracks, droppings, etc.), G.2.f(3) Photographic Documentation Permanent fixed -point photograph stations will be established in each of the monitored areas thereby 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 G.2.f(4) Rainfall and Staff Gauge Recordings A staff gauge will be established at each of the freshwater mitigation sites. Water levels will be recorded twice a month during the wet season (June — September) and once a month during the dry season (October — May). A rain gauge will also be established in the vicinity of the two freshwater sites. The mangrove restoration area is tidally influenced. Therefore staff gauge and rainfall data is not required for this component of the mitigation plan. g: X ,6= HIBIT Appendix G: Environmentaf impacts And Proposed Mitigation Plans 16 Agenda Item No, 8E November 28, 2006 Page 177 of 257 G.3 WETLAND FUNCTION BALANCE The project proposes impacts, which will result in the loss of 25.8 functional units. These losses will be offset by the above - described mitigation program, which will generate 34 functional units. The 1.6± acre mangrove mitigation area, as well as basin -wide water quality improvements and the significant hydrologic enhancements described in the Region 5 narrative, will provide additional mitigation benefits. GA VEGETATION ASSOCIATIONS & LAND USES (FLUCCS CODES) DESCRIPTIONS The following list identifies the range of FLUCCS communities found within the overall project area. 100: Urban and built -up Urban and built -up land consists of areas of intensive use with much of the land occupied by man- made structures. 110: Residential — low density This category describes residential parcels that contain single - family dwellings. 119: Residential -low densitv under construction This category describes residential parcels that contain single - family dwellings that are currently under construction. 120: Residential — medium density This category describes residential areas with between two and five dwelling units per acre. 122: Mobile home units This category describes areas with mobile home units as dwellings. 129: Residential- medium density under construction This category describes residential areas with between two and five dwellings per acre that are currently under construction. 130: Residential - hiah density This category describes residential areas with more than six dwelling units per acre. 139: Residential -high densitv under construction This category describes residential areas with more than six dwelling units per acre that are currently — under construction. EXHIBITW Appendix G: Environmental Impacts And Proposed Mitigation Plans ;agenda Item No 8c November 28, 2006 Page 178 of 257 140: Commercial and services This category describes the various commercial and service- oriented businesses within the project. 144: Cultural and entertainment This category includes both indoor and open -air theaters (such as motion picture theaters and those for live theatrical performances) and museums. Recreational facilities such as skating rinks and tennis courts are not included in this category. 172• Religious institutions This category describes religious facilities including churches and schools. 175: Government facility All buildings and facilities which are identifiable as non - military governmental are included in this class. 177: Other institutional This category is reserved for facilities, which are unique in structure and location. In many cases, supplemental data is required for their correct identification; e.g. Elks Club, Masonic Lodge, V.F.W., etc. 182: Golf courses This category includes golf course fairways, greens and rough areas, clubhouse and maintenance facilities. 186: Communitv recreational facilities This category includes tennis courts, swimming pool, and associated recreational areas within developments. 210: Cropland and Pastureland This category includes agricultural land that is managed for the production of row or field crops and improved, unimproved and woodland pastures. Pastureland is used more or less for permanent livestock grazing. 211: Improved Pasture This is land that has been previously cleared, fenced, and periodically maintained (mowed, grazed) to support cattle. EXHIBIT6-1 Appendix G: Environmental impacts And Proposed Mitigation Plans 18 Agenda Item No. 8E November 28, 2006 Page 179 of 257 213: Woodland wasture These areas of forestlands are used as pastures. Strong evidence of cattle activity, such as trails to feed bunkers, salt licks, and watering areas is required. 214• Row crows This category describes areas currently using row crop for agricultural production 240: Nurseries and vinevards This category is composed of nurseries, floricultural areas and seed- and -sod areas used perennially and generally not rotated with other uses. 243: Active nursery This category is defined as plants or shrubs grown for decorative effects. 247: Abandoned nursery This category includes areas that once were in production for nursery plants. The land is no longer used for nursery purposes and has been abandoned. 250: Specialty farms (horse farm) Specialty farms includes a variety of special or unique farming activities such as thoroughbred horse farms, dog kennels and aquiculture. 261: Fallow cropland This category includes harvested agricultural land not currently in crop production. 262: Low Pasture This disturbed transitional wetland community consists of previously cleared agricultural land that has become colonized with wetland species. Weedy wetland plants such as wax myrtle, marsh pennywort, frogfruit, carpet grass, and torpedo -grass are often common. 310: Herbaceous, rangeland -rock outcrop This category includes upland prairie grasses, which occur on non- hydric soils but may be occasionally inundated by water. These grasslands are generally treeless with a variety of vegetation types dominated by grasses, sedges, rushes and other herbs including wiregrass with some saw palmetto present. 321: Palmetto prairies These are areas in which saw palmetto is the most dominant vegetation. This cover type is usually found on seldom- flooded dry sand areas. These treeless areas are often similar to the pine flatwoods but without the presence of pine trees. U AF EAHIS'lToi Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda Item No. SE November 28, 2006 Paae 180 of 257 322: Coastal scrub This scrub category represents a wide variety of species found in the coastal zone. A few more common components are saw palmetto, sand live oak, myrtle oak, railroad vine, bay bean, sea oats, sea pursuance, sea grape, Spanish bayonet and prickly pea. This cover type is generally found in dune and white sand areas. 324: Saltbush scrubland This vegetation community is a marsh with predominantly a shrub component. The shrub component is a combination of wax myrtle and saltbush in varying densities throughout these areas. Cattail and scattered buttonwood are also present. 411 • Pine flatwoods — palmetto understory The pine flatwoods - palmetto understory class is dominated by a slash pine canopy. The common flatwoods mid -story species include saw palmetto, wax myrtle, gallberry and a wide variety of herbs and brush. 414: Pine — mesic oak This category occurs on moister sites, where slash pine grows in strong association with a wide variety of mesic oaks and other hardwood species. Laurel oak commonly grows along side slash pine under mesic conditions. Gallberry, wax myrtle and saw palmetto are among the common mid -story species. 416• Pine flatwoods — graminoid understory A slash pine canopy with scattered cabbage palm, myrsine, wax myrtle, and dahoon holly in the mid - story dominates these areas. Ground cover species often include wiregrass, yellow -eyed grass, swamp fern, Caesar -weed, panic grasses, muhly grass, sawgrass, rush fuirena, St. John's -wort, and blue maidencane. Saw palmetto, when present, is widely scattered. Vines include muscadine grape, poison ivy, and catbrier. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this type of habitat. 419• Scrubby pine flatwoods The dominant tree species are slash pine, scrub oak, sand live oak, myrtle oak, and Chapman's oak. The understory is dominated by saw palmetto and also contains rusty lyonia, and running oak. 421: Xeric oak In the xeric oak community scrub oak, sand live oak, myrtle oak, and Chapman's oak are the dominant tree species. Ground cover and mid -story within the area consists of running oak, rosemary, rusty lyonia, gallberry, buckthorn, pennyroyal, saw palmetto, and various lichens. Areas of exposed sandy soil are frequent. EAvHIBIT e, 16� Appendix G: Environmental impacts And Proposed Mitigation Plans Agenda ItemT7o. 8E November 28. 2006 Page 181 of 257 422: Brazilian pepper This exotic, pestilent tree species is commonly found on disturbed sites, this native of Brazil is also an aggressive invader of Florida's plant communities. Communities of these shrub -like trees are often established along borrow -pits, levees, dikes and in old disturbed fields. 424• Melaleuca This exotic tree species occurs in almost pure stands. It is an aggressive competitor; invading and often taking over a site, forming a dense, impenetrable stand. Melaleuca generally is an indicator of a disturbed site. 426: Tropical hardwoods This forest cover type is also refered to as tropical hammock. The common components of this community typically include some combination of gumbo- limbo, mastic, stoppers, wild lime, strangler fig, lancewood, poisonwood, sea grape, marlberry and wild tamarind. 427: Live oak This forest community has a canopy dominated by live oak. Associates of this cover type include dahoon holly, laurel oak, redbay, and cabbage palm. Other vegetation in this area includes swamp fern, gallberry, wax myrtle, myrsine, wild coffee, and scattered saw palmetto. 428: Cabbage palm The area is nearly pure or predominantly cabbage palm and is found on sandy soils. Associates include a wide variety of large and small hardwoods. In south Florida, cabbage palm may be strongly associated with slash pine, and often occurs between areas of slash pine (FLUCCS 411) and cypress (FLUCCS 621). Shrubs may include wax myrtle, beautyberry, Brazilian pepper, and myrsine. 434: Hardwood —conifer. mixed This upland community is dominated by both oaks (live oak and laurel oak) and slash pine. Cabbage palm is also present in the mid -story. Ground cover is typically dominated by saw palmetto with areas vegetated by grape vine, swamp fern, green brier, and wild coffee. 437: Australian pine Contrary to its name, this species is actually a hardwood. Its name is derived from its needle -like leaves and its characteristic cone shaped crown structure. Australian pine was introduced to south Florida from Australia and is colonizing northward to the Tampa Bay area. It is common on disturbed sites, forming dense thickets, and is frequently planted as wind breaks and soil stabilizers. 511: Tidal creek This other surface water occurs at the down stream end of the basin. These creeks are lined by red mangroves on either side. EXHIBITL-v Ll Appendix G: Environmental impacts And Proposed Mitigation Plans Agenda Item No. SE November 28, 2006 Page 182 of 257 513: Ditcb This category includes linear water bodies, specifically man -made small to medium -sized drainage ditches. The ditches are maintained largely free of vegetation. When present, vegetation consists primarily of cattail, torpedograss and spikerush. Common mid -story species associated with ditches on site include: melaleuca, Brazilian pepper, willow, wax myrtle, myrsine and cabbage palm. Ground cover species include: cattail, water hyssops, swamp fern, St. John's -wort, dotted smartweed, sundew, spikerush and widely scattered royal fern. 514: Drainage canals & ditches This category includes linear water bodies, specifically man -made canals and man -made small to medium sized drainage ditches. The canals and drainage ditches are maintained largely free of vegetation. When present, vegetation primarily consists of cattail, torpedograss, and spikerush. 515• Drainage swales and similar features These areas represent shallow drainage swales, drainage depressions, ditches, or similar shallow drainageways and often include berms along side these flowways. They are subject to intermittent inundation for variable lengths of time. Because of lack of maintenance, young trees and shrubs may establish themselves to the point of forming a scattered mid -story stratum. The ground cover stratum is dominated by a wide variety of ruderals and may have many open barren areas. Hydrophytes can dominate lower areas and may become prevalent during the wet season. Since these areas are undergoing primary succession, overall species composition is highly variable. 525• Cattle watering Pond This category represents an upland -cut cattle watering pond. 526• Borrow pit ponds This category includes man -made open water areas that were formed by excavation for extraction of fill or for agricultural purposes. These areas are present only on the Lely Lakes property. The majority of these areas are found immediately west of the FPL easement near the north property boundary of the Lely Lakes property. These areas are predominantly shallow with minimal vegetation. Vegetation, when present, consists of torpedograss, cattail, and scattered spikerush, beakrush, and sawgrass. 527• Stormwater management lakes These areas are man -made open water bodies actively used as part of the stormwater management system. 528- Stormwater management detention /retention areas These areas are similar to Stormwater management lakes (FLUCCS 527) but are much more shallow than the lakes. They are also man -made excavations actively used as part of the Stormwater management system EXHIIBIT�w Appendix G: Environmental Impacts And Proposed Mitigation Plans 22 Agenda Item No. 8E November 28, 2006 542: Inland tidal .pond Page 183 of 257 This category consists of embayments that do not open directly into the Gulf of Mexico. These tidal - influenced ponds are void of vegetation and typically surrounded by mangrove swamps and other salt - tolerant species. 612: Mangrove swamp This coastal hardwood community is comprised of black mangrove, and/or red mangrove, which are pure or predominant. The major associates include white mangrove, buttonwood, cabbage palm and sea grape. 617: Mixed wetland hardwoods In this forested wetland community no one single species is dominant. The dominant canopy species include cypress, red maple, laurel oak, swamp bay, cabbage palm, willow, and slash pine. The mid - story typically contains canopy species saplings, myrsine, and waxmyrtle. Ground cover is typically comprised of species such as swamp fern, leather fern, crinum lily, sedges, grape vine, green brier, - and other wetland herbaceous species. 621: Cypress This community is composed primarily of bald cypress, which is either pure or predominant in the canopy. Red maple, laurel oak, redbay occurs occasionally. Dahoon holly, cabbage palm, and wax myrtle occur in the mid -story. Ground cover species may include swamp fern, chain fern, buttonbush, royal fern, pickerelweed, arrowhead, giant beakrush, buttonbush, and sawgrass. 624: Cypress- pine - cabbage palm This community includes cypress, pine and/or cabbage palm in combinations in which neither species achieves dominance. Mid -story and groundcover are usually similar to FLUCCS 416. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this type of habitat. 625: Hvdric pine flatwoods These areas are similar to FLUCCS 416, pine flatwoods-graminoid understory but occur at lower elevations and within hydric soil mapped units. These areas contain a slash pine canopy with scattered cypress, cabbage palm, myrsine, wax myrtle, and dahoun holly in the mid -story. Ground cover species often include wiregrass, sawgrass, swamp fern, rush furiena, maidencane, muhly grass, panic grasses and St. John's -wort in the groundcover. Exotic invaders such as melaleuca and Brazilian pepper often occur in varying amounts throughout this habitat. 630: Mixed wetland hardwoods and conifers This category includes mixed wetlands forest communities in which neither hardwoods nor conifers achieve a 66% dominance of the crown canopy composition. These areas typically have a mix of slash pine, cypress, cabbage palm, red maple, pop ash, laurel oak, sweet bay, and swamp bay. Mid- Fm XHIBIT�-Z; Appendix G: Environmental Impacts And Proposed Mitigation Plans ,agenda Item No. 8E November 28, 2006 story species include dahoon holly, wax myrtle, and myrsine. Ground cover typically'gg cto hfi '`i;W of sawgrass, swamp fern, shield fern, chain fern, beakrush, wild coffee, and swamp lily. 641: Freshwater marsb The communities included in this category are locally almost always surrounded by cypress. Freshwater marsh communities are characterized by having one or more dominant species. The most common species in southwest Florida include sawgrass, cattail, arrowhead, or fire flag. A "D" appended to this FLUCCS code indicates "disturbed ". Disturbances to the marsh have resulted from cattle use. Vegetation in the disturbed marsh area consists of smartweed, camphor -weed, climbing hempvine, and pickerelweed. 6411• Freshwater marsh sawgrass dominant This category is found only on the FDEP property. These marshes are dominated by sawgrass. Other species include scattered aggregations of buttonwood, wax myrtle, and saltbush. 6412: Fresh water marsh cattail dominant This freshwater marsh vegetation community contains predominantly cattails, considered a nuisance plant species. 6417: Shrub marsh Shrub marsh habitat is dominated by Carolina willow. This species dominates both the canopy and mid -story strata. Ground cover species typically include saw - grass, pickerelweed, arrowhead, and cattail. 642: Saltwater marsh This category is found only on the FDEP property. These marshes are not dominated by any one species. Vegetation includes sawgrass, cordgrass, and false - willow. 6429: Saltwater marsh shrub dominant This vegetation community is a saltwater marsh with predominantly a shrub component. The shrub component is dominated with wax myrtle. Other species present include saltbush, black needle rush, black mangrove ( <5% cover), willow, leather fern, swamp fern, and sawgrass. 643: Wet prairie This classification is composed predominately of grassy vegetation on hydric soils and is usually distinguished from marshes by having less water and shorter herbage. 6461: Scrub /shrub wetland — willowlwax myrtle The canopy stratum in this habitat is largely absent. The mid -story is composed of willow in the depressions and wax myrtle and saltbush in the shallower fringes. The groundcover is composed of various hydrophytic grasses and forbs. EXHIBITiv- Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda Item No. 8E November 28, 2006 Page 185 of 257 650: Saltern Salterns are found in the high salt marsh in areas of very high soil chloride concentrations. Most of the area consists of bare ground. Small patches of glasswort and sea purselane may also be present. 740: Disturbed land This category contains land that has been previously cleared by human activities. Vegetation, when present, includes assorted grasses, scattered tickseed, dog fennel, and ragweed. 742: Borrow areas This land use is found only on the Lely Lakes property. This shallow area was excavated to create the adjacent primitive dirt trail. The area is predominantly void of vegetation. However, where present, vegetation is comprised of torpedograss and cattail. _ 743: Sioil areas Spoil areas were created from excavation of borrow areas and ditches. Most spoil areas do not have canopy species present but may have Brazilian pepper and melaleuca present in the mid -story. Ground cover species are limited to scattered invading grasses and ruderals. 7461: Disturbed lands herbaceous cover This category contains areas that have been disturbed in the past and are currently dominated by various upland and wetland grasses, weeds and vines. 7462: Disturbed lands. shrub and brush cover This category contains areas that have been disturbed in the past and are currently dominated by a mid - story of various shrub and brush species. 748: Previouslv cleared land This area is south of the FDEP property and was previously cleared for creation of an elevated dirt road. The area was recently restored to the adjacent wetland grade. Although the area has been restored, it is predominantly void of vegetation. 7481: Previously cleared land, herbaceous cover These areas were previously cleared of canopy and mid -story species. Most areas are void of canopy species but may have widely - scattered Brazilian pepper, wax myrtle, melaleuca and saltbush present in the mid -story. Ground cover species are limited to grasses, sedges and invading ruderals. 7482: Previously cleared land, shrub and brush cover These previously cleared areas are void of canopy species. Mid -story species include Brazilian pepper, wax myrtle, slash pine, cypress, melaleuca and saltbush. Groundcover species are limited to grasses and sedges and invading ruderals. EXHIBIT�-v Appendix G: Environmental Impacts And Proposed Mitigation Plans Agenda Item No. 8E November 28, 2006 Page 186 of 257 811: Airports This category was used for the private aircraft runway associated with the Wing South development off Rattlesnake Hammock Road. 814• Roads and hiebways This category includes all asphalt paved roads and highways. 8145• Improved unpaved roads This land use is found only on the Lely Lakes property. These are unpaved rural roadways comprised of soil (typically sand), crushed shells, and/or crushed limestone. Most have drainage swales or ditches running along either side of the roadway. 8146: Primitive dirt roads /trails This category is found only on the Lely Lakes property and is applied to off -road dirt trails and "roads" wide enough to segregate in mapping. They lack drainage improvements and a stabilized sub - grade. These trails and roads tend to be narrow and are used by infrequent vehicular and/or pedestrian traffic. The trails are predominantly non - vegetated. When vegetation is present, it is limited to scattered invading grasses and ruderals. 8147: Unimproved, unpaved road These areas are unimproved, unpaved rural roadways comprised of soil with no crushed shell and/or limestone base. Most have drainage swales or ditches running along either side of the roadway. 821: Transmission towers Microwave towers are typical in this category 822: Communications facilities This category includes transmitter stations, telephone exchanges, antenna farms, etc. 830: Utility Utilities usually include power- generating facilities and water treatment plants including their related facilities such as transmission lines for electric generation plants and aeration fields for sewage treatment sites. Small facilities of those associated with an industrial commercial or extractive land use are included within these larger respective categories. 831: Electric power facilities This category includes hydropower, thermal, nuclear, gas turbine plants, transformer yards, sub- stations, etc. s,: Appendix G: Environmental Impacts And Proposed Mitigation Plans 26 Agenda Item No. 8E November 28, 2006 832: Electric power transmission line Page 187 of 257 This category is reserved for linear Florida Power and Light Company electric transmission easements. 8321: Electric power transmission line- herbaceous cover This category is used to map areas cleared along the electric power line easement where there are few shrubs and trees present but there remains significant cover by herbaceous plant species. This occurs along the FPL,easement on the Lely Lakes property and adjacent FDEP properties. These areas are dominated by ruderal herbaceous vegetation. Woody species, including small trees and shrubs, do occur but are widely scattered and do not achieve dominance. Plant species composition can vary depending on topography, hydrologic conditions, adjacent undisturbed plant communities, and frequency of maintenance (e.g. bush - hogging, mowing, clearing, etc.). 8322: Electric power transmission line- shrub/brush cover This category is used to describe areas cleared along the FPL power line easement where there are scattered shrubs and/or young sapling trees remaining. In some places there is no canopy stratum present and the area is dominated by smaller woody species (shrub and brush cover) which often are not large enough to form a true mid -story stratum. In other areas, trees or canopy stature remain and for sufficient cover to designate the area as forested. The ground cover consists of a variety of ruderal herbaceous vegetation and smaller woody species (willow, Brazilian pepper). Species composition can vary depending on topography, hydrologic conditions, adjacent undisturbed plant communities, and frequency of maintenance (e.g. bush- hogging, mowing, clearing, etc.). Following a maintenance event, these areas could be re- classified as FLUCCS 8321. 8323: Electric power line - forested cover This FLUCCS category is used to map areas along the electrical power line easement where a forested system still remains. Species composition can vary tremendously depending on location along the electrical power line easement, topography, hydrologic conditions, and adjacent undisturbed plant communities. The sub - canopy in these areas is predominantly Brazilian pepper with willow and saltbush in lower areas. 8324: Electric power lines — access road This land use is the access road that was created along the electrical power line easement. The access road is comprised of soil (typically sand), crushed shells, and /or crushed limestone. A drainage swale and /or ditch runs along either side of the road. 8325: Electric power lines — water bodies This FLUCCS category is used to map man -made open water areas along the electrical power line easement. These areas are found only on the Lely Lakes property at the north end of the FPL easement. These water bodies were formed by excavation for extraction of fill or for agricultural purposes. The areas are predominantly void of vegetation, however, when present, vegetation consists of torpedograss, cattail, and scattered spikerush, beakrush (Rhynchospora spp.), and sawgrass. EXHIBIT�al Appendix G: Environmental Impacts And Proposed Mitigation Ytans Agenda Item No. 8E November 28, 2006 8341: Sewage treatment plant Page 188 of 257 This category describes the sewage treatment plant and associated ponds and structures. G5 LISTED WILDLIFE SPECIES It is important to note that the majority of the improvements to the existing drainage system are located in previously developed residential areas, mostly along established roadways and associated drainage features. With the exception of Region 5, as noted earlier, no project - specific listed species surveys have been conducted in association with the areas impacted by the propose improvements. However, during the vegetation and wetland mapping, WilsonMiller biologists performed a cursory review of each impact area and noted the observed wildlife and plant species. No indications of any species listed by the Florida Freshwater Fish and Wildlife Commission (FWC) were present, nor were any indications of appropriate habitation observed at the impact locations during these field surveys. it is important to note that the project area is now developed and developing to a significant degree even without the Lely Area Storm Water improvement project. This project proposes to serve a public benefit by accommodating necessary stormwater management functions. On this basis, no direct or indirect impacts to listed species are anticipated in association with the proposed improvements. E XHIBIT SANTA BARBARA BLVD. I MIN ' No. 8E 7� 8, 2006 Page 1. 9 of 257 ■ ■ • MM ■e i`Ww� • • r auuwn ,, �I • -r Note: Base map and mitigation Me Infomtadon received from Agnoli, Barber 3 Brundage, Inc. and CoUier County Government Website. Figure G -1. 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S E + W NAPLE S CO YCLUB S RATTLESNAKE HAMMOCK RL1� i s� Item No. 8E 8, 2006 Page 1 1 of 257 Note: Base map and mitigatbn she information reoeNed from AgnolL Berber $ Brundage, Inc. and Collier County Govemment Webshe. EX Figure G -1. Proposed mitigation site locations f—CR 991 O Z o a W .o c � J � L) J C LL E (6 N y LL cc m W C C y C (' O HU =) DUCE (n U W D r LL J ♦0�p�r �p� 0LL cii�- -mr LO OCO Agenda item No. TE Noveoriber 28,E W Para 192 LLI W C � •(D N U N IQQNOOM- (D 11 ° F �C)N C C � y 4 no IR = €E0 m� Ms a + a Z O tee' c Q N Q1 N �Em� W Q N i + 8 w J Lu Z X X X X i= C N G 7 Z a A O� WWW + F W f- o 0 0 o a) Lb (n W c y c � d w� 3 m C -j ui � 8 0 m m O - J mfAXJ mp 1 n2m -0 U }- QDt. 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C -NC7� =I� W U j EA�mo cm iri (P a m� �> ILt �� mm m m C WI UI WWW �OQ�e o 0 0 o I IQQNOOM- (D 11 ° F �C)N C C'4 I, O WaD t ti CO cq u ujjj N N P- (O (D J� Q N a W W Q N J b U LL E E L LL -- t to CD LL E LU I I E u ui E z p O W C ZF- - CA W m Z pQ g g p�J 0���(het� - LLUvv(�mti rntLU z - III jii g O LU e. - d- _- -\ - =z W - E p OE n November 28, 21 LU w 93c ; CL '3z I- ._ cJ U � p c LL ¢� U ° c c N m•pC��_ •�G to I'd: L I `9 m S 0 M A� N p g W 0 N of o 0 c c �00C) CLL ME m'c o o s m U) w N LL= V V O OIJiU 0 Ow T °e tocDcol Agenda Item No. November 28, 21 " "? 93c ; � y '3z E na3 w C ' y e W 0,0 N Ew O W Sri $ P > W o C co N m•pC��_ •�G S d W 0? 3 I `9 0 A� N p g W 0 N of o 0 of M N T ME m'c o o s m C-4 H M N T M p� 0 •068 Z 0 0 0 0 w X X X X 0 wwww uj 0 e o 0 "t CD In Ui _U N of P- I- C NC5 W wwww LL JQ o e 1.11, 0 0 0 0 0 0 f- !'Y '7 q Q 1t- c0 O p 0 C4 vi O 6 O T Cl) r) '^ O T w� ry O Lq n co cc N U 0 N of o 0 of M N T 4 m C-4 H M p p Q C_ a n Z w C W N ^ ui _cpEQ��cy U ~ ui n w W 0 CO X C X Ec�c., a� o c`a c .. 0 w m d. _a_YS �2 X" °�c x cZ UMCWmo�oM c m w m E u ui_ cn lz CD L V V v V M C O 47 C '� C N Z 0 E f0 R7 c ,C Iw U p U M t9 C f9 2 yc�E.camy CL C Z w I... 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MITIGATION AREA FLUCFCS LEGEND OFFSiTE FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL '514 Drainage Canal 1.2 46.2% 743 Spoil Areas 0.4 15.4% CODE_., 411 Pine FlaWoods 416 Ph* Fiatwoods, GmmlrxW Underswry 416E3 422 Brazilian Pepper . 426 TropiwlHardwoods 416E3 427 Live Oak 426 Cabbapa Paim 612 Mangrove 617 Mixed Wetland Hardwoods 621 Cypmu 624 Cyproaa- Pins•Cabbape Palm 630 Mixed Wetland Hardwoods& Conifers 624E3 NOVernDer zd, LU h . ^, n r 416113 -621E1 411 E2 411111 416E3, ' - -_ 416 Er' 743 630E2 ,� _ - - ; 428112 428112 427E1 422. . MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES % OF CODE TOTAL '514 Drainage Canal 1.2 46.2% 743 Spoil Areas 0.4 15.4% ' Potential Other Waters Wetland Outside the Mitigation Area Figure G -3. Mangrove restoration mitigation area existin+ w Kevin L. Erwin Consulting Ecologist, Inc. iOJT Bq d F—Immy FW kttm Fw ft 33901 i"1) 331-V Agenda Item No. 8E November 28, 2006 Page 195 of 257 DRAFT DOCUMENT DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this day of , 20 , by Collier County Board of County Commissioners (address) 3301 Tamiarni Trail East, Naples, FL 34114 ( "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 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, a sketch and legal description of the 99 acre parcel of land situated south of the Club Estates (a subdivision recorded in Plat - Book 31, Pages 78 -80) and referred to as the "North parcel" in the N1/2 of Section 15, Township 50 South, Range 26 East, Collier County, Florida; Exhibit B, a sketch and legal description for a 10 acre parcel referred to as Tract C5 of the Naples Heritage Goff and Country Club Phase One (a subdivision recorded in Plat Book 26, Pages 73 -80) located at the north end of the Wing South Airpark runway in Section 9, Township 50 South, Range 26 East, Collier County, Florida; Exhibit C, a sketch and legal description for a 1.6 acre parcel located at the terminus of the existing Lely Main Branch Canal in Section 25, Township 50 South, Range 25 East, Collier County, Florida; and Exhibit D (location map identifying all three mitigation parcels within the Lely Area Stormwater Improvement Project) attached hereto and incorporated herein ( "Property "); and WHEREAS, the Grantor desires to construct the (name of project) Lely Area Stormwater Improvement Project ( "Project ") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and WHEREAS, District Permit No. ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and /or mitigate wetlands under the District's 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 Standard Passive Recreation form — July, 2001 Page I of 5 EXHIBIT 74 Agenda Item No. 8E November 28, 2006 Page 196 of 257 ` 4111 1 Pine Rstw00tlt 416E3 416 Pine Flratwoods. Gmmhn d UndwlOy - -- 422 &f um Psppsr 426 TmpiaW Herdwoode .416E3 427 live Qak 428 Cabbage Peim '416E3 - -_ 527 Simm W01W Manapameni lake 411 El , 612 MwVram 617 Mad Wetland Hardwoods 621 Cypress 624 Cypress- Pkre- CabbaOe PRIM M Mad WoUnd Hmdwoods& 41 1 E 1 comers 624E3 621E1• 416E 411E2 . 416E2 630E2 -- -� -- -� - .-� r ,-527— 743 • 426E1 r -� . &12- MITIGATION AREA 612 ,�.-. -.. . . - 612 -� 514 "` _ 411 " MITIGATION AREA FLUCFCS LEGEND FLUCFCS HABITAT ACRES OF CODE TOTAL j '612 Mangrove Swamp 1.6 100.0% Kevin L. Erwin Consulting Ecologist, Inc. �. •wetland 3077 eMa. rnw.y F°n Myra Flmltl" 3WI 4 "" - •-4i0! Wetland Outside Mitigation Area 4 Surface Waters Outside Mitigation Area Figure G -5. Mangrove restoration mitigation area proposed conditi Agenda Item No. 8E November 28, 2006 Page 197. of 257 DRAFT DOCUMENT b. Dumping or placing of soil or other substance or material as 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; e. Surface use except for purposes that permit the land or water area to. remain in its natural condition; f. Activities detrimental to drainage, 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 any n. features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational 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 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 for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: L 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; Standard Passive Recreation form — July, 2001 Page 3 of 5 EXHIBIT7& Agenda Item No. 8E November 28, 2006 Page 198 of 257 DRAFT DOCUMENT WHEREAS, the Grantor, in consideration of the 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 (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 receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property 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. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural dfe or Those wetland and/or to retain such areas as suitable habitat for fish, plants 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; Standard Passive Recreation form — July, 2001 Page 2 of 5 EXHIBIT7�6 Agenda Item No. 8E November 28, 2006 Page 199 of 257 DRAFT DOCUMENT ii. Such facilities and improvements shall be constructed and maintained utilizing Best Management Practices; iii. 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. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall 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 proceedings. 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 exercise 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 exclusively 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 mail, return receipt requested, addressed to the appropriate party or successor -in- interest. Standard Passive Recreation form — July, 2001 iage4of5 EXHIBIT Agenda Item No. SE November 28, 2006 Page 200 of 257 DRAFT DOCUMENT 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 Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions 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 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. IN WITNESS WHEREOF, Collier County Board of County Commissioners has hereunto set its authorized hand this day of 20 ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk BY: BY: Deputy Clerk Donna Fiala, Chairman (Attest as to Chairman's signature only.) Approved as to form and legal sufficiency: BY: Thomas C. Palmer, Assistant County Attorney South Florida Water Management District Legal Form Approved: Date: July, 2001 Modified by Collier County March 2004 Standard Passive Recreation form — July, 2001 Papae 5 of 5 EXHI*BIT.,.004 H Z L'i LJ W¢ 00 N Z tiWLD. —PQ IL Q J •--1 H>V wS M Z �- cl u 6 N01133S 30 3N]l A11931SW3 \ 29'201 CU v w ]� H Q' O Ln m O w cl � m W W V) to 2Y'001 Ra Z -i W U Z W Q � � W = co x p 1 W U L W n Z UDC O L7 W J W IL N < Z LD fU I- W Z 0 al F Q W W r1l _ W N N w Z O J 0- U Q Z r�1 I�1 T / {1 i 1 G I � Iubi � W u 5 l I Na I a == I I � O W r11I � H I T s VW r� 4 N W a a a 0 z EM LiO Li J N W a i a a z � W M J !x 2 a O w N N J W a a 0 1 'o I I I I N d 1 I 1 I 1 I 1 I i I ' N t � IQ 1 � I Q I is 1 1 T V m > Jdd�IId HinGS DNIM z J i a L- ED w W S F- J a z U w M Z a W Li w Z UJ ci z O ¢ ti Z W W z z O • 1 0 W P4 i w F- = Q x� W Z 0 K W a C3 C3 ¢ F- G ¢ ❑ W J 2 4 j CD r L4 w � z ~ a J ❑ W U � J 10 � J ° q a . W f q L N � Of W ° Q .p 0. Z N 0 o Z F N Q a � cz w u~ 0 0 0 a o w � a O N Z N 3 a ° D (r o z N ❑ r = w r y a a � i H N W Q J W Q' In ° Q � W a o a z r v� r- w Lj L) a a ° ul IL o Z CA Z ❑ M U J Li_ 3 J < J W o ly U ¢ W W 1 z ° z z tL W Z a E U Q vl Z H ❑ W V1 2 W E Z q C W W zz c¢o jenda Item No. 8E ovember 28; 2006 Page 201 of 257 ItI xavaaty Hit= 9pnn Q o t = � W W D N � 3 N N C NI .. F J ❑ b g W Vl H- W �b N � N 2 -c an ,Z z ^ 7 a 4 n � r H co ❑U XaLD nOr mrN V � iGb UvOM Allaq� 1(0) LB'26B A .EC.IGOD S _ l - aW W q O` W m Z OJ T� Wwy�j ZQ O � � d 1 JryN N 1 1� JW� 1 N N W r—, I 11 I I i T m � I I P �ryN ❑ Y -n. II C Y am {. ❑ 1 O O w a 6 W O K Z y i H a W P II m Im m ud S W.=- W Z Y W II J2 0~ r O Z ~ 4?w � iI Z I I ,I1 UDl:1 W�� l l I 1^ W Z H.c Z WZ J40 W W I IIN III 1 H 00'15'23' Y 882.49 (a ItI xavaaty Hit= 9pnn W W J Q F U A Z W 2 z� 2 Z ZW ? W 4 W O ❑ Z N W ❑ O d W ¢ N 1, II W cr C U o a d o } L`A1 Q / = Q X w� Z Agenda Item No. 8E November 28, 2006 Page 202 of 257 Q = 2 K H O O W D N � 3 N N C NI .. F J ❑ D JO W Vl H- W W a T a N 2 -c W-. ,. W ,Z z ^ 7 a 4 0 o0 H co ❑U = ^� nOr mrN V � Z Q aW W q O` W m Z OJ T� Wwy�j ZQ W Mu V) Z JJ W N I10 N N W 4 W 3 P] T m Z 0 w NJ W f'I JN O Ln �ryN ❑ Y ❑ _ J VI D W u O O w W o a O W. J W O K N� Q Q o a a W W pd a1W 3 S W.=- W Z ❑� U U JK 0~ r O Z ~ 4?w I UDl:1 W�� Nw W Z H.c Z WZ J40 W W I IIN w ¢ Z❑ �w ¢M �� u Dw Z �W3 x ZQ'r= 3ovwi z° n m wca �wv Z p w r ❑ - OWW�m I O r- U W 2� ttj a ~ 7 F-p W t,7NZN:N r � N U OU QO'- 0:3JOW ��Y N V a, W 2 FW W r- NO`vlQe Fa0 Q G w T J M >„ Dr-.o WIfIW W 3 3�z' ,-. O Z j d Z ° O n Z JCE J 1/1 ~ N V l7Z Z�r x✓, aw J 7 D J S D F1 T A N Z Ln KZ Zm❑Q ll Z W -, W W W O W Q T U p C W Z -n W wV UZU NZaO= J 2 V✓�.^Q W < W W WWW N7 ❑ Q K and W W J Q F U A Z W 2 z� 2 Z ZW ? W 4 W O ❑ Z N W ❑ O d W ¢ N 1, II W cr C U o a d o } L`A1 Q / = Q X w� Z Agenda Item No. 8E November 28, 2006 Page 202 of 257 I T � � IY d Q F Q Z ¢ J H � W � J W N I10 ❑ UZI VI n 22 IC W p W I 1 m lW? qVl 1 o Q) ¢ W � W W I IIN ¢ Z❑ CZ iq 4O i c z u �� d � N I 1� V0 V W ❑ ri I T � � It 11111111! MI �•�«��+��lssa zi5i2a �0 E7 N a U H U er n6 Item No. 8E Tern er 28, 2006 203 of 257 si h o va l� . tl4 s ti U4 N m� x� a N Ilk p = p Q F "z a E)'Ok O e ..�.... i � Oa �� u 5 � a It 11111111! MI �•�«��+��lssa zi5i2a �0 E7 N a U H U er n6 Item No. 8E Tern er 28, 2006 203 of 257 si h o va l� . tl4 s ti U4 N m� x� a N Ilk N SCALE: N.T.S. W x Q - W O G T50S T51 Agenda Item No. 8E November 28, 2006 Page 204 of 257 PROPOSED MITIGATION PARCELS Ww EXHIBIT "D" RADIO ROAD T49S w w rm�u� tx: Nou 1 al: Agenda Item No. 8E November 28, 2006 BEFORE THE GOVERNING BOARD OF THE Page 205 of 257 SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN RE: ORDER NO. SFWMD 02- DAO -SWM MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND COLLIER COUNTY GOVERNMENT, FLORIDA, TO OPERATE WATER CONTROL STRUCTURES OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT IN ANTICIPATION OF OR IN RESPONSE TO DEFINED EMERGENCY TRIGGERS ( SFWMD PERMIT NO. 11- , LELY AREA STORMWATER IMPROVEMENT PROJECT, COLLIER COUNTY) Pursuant to Chapter 373, Florida Statutes and the rules promulgated thereunder, this Memorandum of Understanding (hereinafter referred to as MOU) for the operation of a Public Stormwater Management System for the Lely Area Stormwater Improvement Project (hereinafter referred to as LASIP) in anticipation of, or in response to, defined emergency - triggers is being entered into by the South Florida Water Management District (hereinafter referred to as SFWMD), and Collier County Government, Florida (hereinafter referred to as COUNTY), by mutual consent and without this MOU constituting a waiver of any authority by SFWMD under Chapter 373, Florida Statutes. STATEMENT OF FACTS 1. SFWMD is a public corporation of the State of Florida existing by virtue of Chapter 25270, Laws of Florida, 1949, and operating pursuant to Chapter 373, Florida Statutes, and Title 40E, Fla. Administrative Code, as a multipurpose water management district with its principal office at 3301 Gun Club Road, West Palm Beach, Florida, 33406. SFWMD is authorized to enter into agreements pursuant to Section 373.083, Florida Statutes. 2. The COUNTY is a political subdivision of the State of Florida, created in 1923 by the Florida Legislature and given those powers enumerated in Article VIII, Section I, of the Constitution of Florida, as amended and supplemented and applicable provisions of Chapter 125, Florida Statutes. The principal office of the COUNTY is located at 3301 East Tamiami Trail, Naples Florida 34112. SFWMD and COUNTY desire to hereby arrive at an understanding that will establish guiding principles for the regulation and usage of each operable control structure for the benefit of the COUNTY, provided that the operation of all operable LASIP control structures as identified in Attachment "A ", is carried out in accordance with the terms, conditions and defined emergency trigger /parameters contained in the Permit. Such Emergency Structure Operation is proposed by the COUNTY in order to alleviate flooding wherever possible without causing unacceptable adverse water resource impacts. JDk1JR V �D Sl16MITTAL bpPL1cAr,10N NUUMER Page 1 of 15 FORT MYERS SERVICE CENTER AfV#i. �4 I 06 Page 206 of 257 S SERVICE CENTEc COUNTY RESPONSIBILITIES ` 4. COUNTY shall strictly comply with the conditions contained in any SFWMD permit for the operation of all LASIP Emergency Structures and this MOU. COUNTY shall be required to obtain a Permit modification from SFWMD, and if applicable, a modification to this MOU for the construction and operation of any Emergency Structure(s) not currently permitted for such use. 5. COUNTY will be the sole contact agency to SFWMD for the operation of the LASIP Emergency Structures. All requests to operate the LASIP Emergency Structures are to come from only COUNTY and not the residents of developments in the area. It shall be COUNTY's obligation to inform all residents of the provisions of this MOU. 6. COUNTY shall at all times maintain lock mechanisms on the control mechanisms for the LASIP Emergency Structures in order to prevent unauthorized operation. COUNTY shall provide SFWMDBig Cypress Basin field maintenance staff with a copy of the key or code necessary to unlock same. 7. COUNTY shall be responsible for the enforcement of the prohibition against unauthorized or improper operation of the LASIP Emergency Structures. If it is determined by SFWMD that operation of the LASIP Emergency Structures were improper or unauthorized, COUNTY shall take whatever steps are necessary to ensure the LASIP Emergency Structures are closed and secured if instructed to do so by SFW'MD, until a mutually acceptable solution is agreed upon by the parties. 8. During the review process of COUNTY's application to construct and operate the LASIP Emergency Structures, which is resulting in the issuance of an Environmental Resource Permit ( "Permit "), COUNTY and SFWMD considered what adverse flooding and water resource impacts, if any, the operation of the LASIP Emergency Structures may have on downstream users. This joint consideration resulted in a finding that no significant adverse flooding or water resource impacts are anticipated to the downstream system users. However, if in the reasonable opinion of SFWMD, an unacceptable and adverse impact of a nature prohibited by the applicable Permit, Chapter 373 or SFWMD rule, does occur or is anticipated to occur to downstream system users as a result of the operation of the LASIP Emergency Structures, SFWMD may, at its discretion, prohibit the continued operation of the Emergency Structure until such time as COUNTY receives SFWMD approval by either an amendment to the Permit and /or this MOU in order to eliminate such unacceptable and adverse impact. 9. COUNTY shall consider water conservation each time it operates or requests authorization from SFWMD to operate the LASIP Emergency Structures. It is the intent of both COUNTY and SFWMD to conserve fresh water supplies. 10. Requests to operate the LASIP Emergency Structures at any stages other than those listed in the Permit or Attachment A of this MOU, may be considered by SFWMD if there is a APPLICATION NUMBER IT 98084 [ Page 2of15 EXHIB Agenda Item No. 8E November 28, 2006 Page 207 of 257 declared emergency or disaster in effect. Such declaration may be issued by a governmental entity or agency. In addition, SFWMD may determine that conditions adversely impacting public health, safety, welfare or property exist which warrant operation of the LASIP Emergency Structures. 11. All LASIP Emergency Structure operational activities contemplated by this MOU shall be implemented as set forth in the plans, specifications and performance criteria as set forth in the Permit. Any deviation from the authorized activities and the conditions for undertaking said activities will constitute a violation of the Permit, this MOU, and Part IV, Chapter 373, Fla. Stat. 12. COUNTY shall require the contractor that it uses to install the LASIP Emergency Structures and COUNTY's staff to review and become familiar with the terms and conditions of the Permit and this MOU. r 13. Activities contemplated by this MOU or the Permit shall be conducted in a manner that does not cause violations of State water quality standards. COUNTY shall implement - best management practices for erosion and pollution control to prevent violation of State water quality standards at the LASIP Emergency Structure sites. Temporary erosion control shall be implemented prior to and during construction of the LASIP Emergency Structures and permanent control measures shall be completed within 7 days following such 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 work authorized by the Permit. Turbidity barriers shall remain in place at all locations until such LASIP Emergency Structure 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, 1988), incorporated by reference in Rule 40E- 4.091, Fla. Admin. Code, unless a project - specific erosion and sediment control plan is approved as part of the Permit. COUNTY shall correct any LASIP Emergency Structure construction or operational related erosion or shoaling that causes adverse impacts to the water resources. 14. Within 30 days after completion of construction of the authorized Permit activity, COUNTY shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law. The statement of completion and certification shall be based on on -site observation 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. The submittal shall serve to notify SFWMD that the LASIP Emergency Structures are ready for inspection. Additionally, if deviation from the approved drawings is discovered during the certification process, a copy of the approved drawings must accompany the certification with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or "record" drawing. A registered surveyor shall certify all surveyed dimensions and elevations. V_Ann"0T:VI1;',0p SU HAMITTAL APPLICATION Nl. MMER Page 3 of 15 990828 -1 ■ ■ U `. FORT MYERS SERVICE CENTER Agenda Item No. 8E November 28, 2006 Paae 208 of 257 15. Should any other regulatory agency require changes to the construction or operation of the LASIP Emergency Structures, COUNTY shall notify SFWMD in writing of the changes prior to implementation so that a determination can be made whether a modification to the Permit and/or MOU is required. Changes requiring a modification to the Permit and/or this MOU shall not be made until approved by the SFWMD. 16. This MOU does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this MOU. This MOU does not convey to COUNTY or create in COUNTY 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 COUNTY, or convey any rights or privileges other than those specified in the MOU and Chapter 40E -4 or Chapter 40E -40, Fla. Admin. Code. 17. COUNTY shall obtain a Water Use Permit prior to LASIP Emergency Structure related construction dewatering, if applicable, unless the work qualifies for a General Permit pursuant to subsection 40E- 20.302(4), Fla. Admin. Code, also known as the "No Notice" rule. 18. COUNTY shall hold and save SFWMD harmless from any and all damages, claims, or liabilities that may arise by reason of the alteration, operation, maintenance, removal, abandonment or use of the LASIP Emergency Structures authorized by this MOU. Nothing contained herein shall be construed as a waiver by COUNTY of the liability limits established in Section 768.28, Fla. Stat. 19. COUNTY shall notify SFWMD in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of the LASIP Emergency Structures or the real property on which the LASIP Emergency Structures are located. All transfers of ownership are subject to the requirements of Rules 40E- 1.6105 and 40E- 1.6107, Fla. Admin. Code. COUNTY 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 property containing the LASIP Emergency Structures or the ownership or control of the LASIP Emergency Structures. 20. Upon reasonable advance notice to COUNTY, SFWMD's authorized staff with proper identification shall have permission to enter, inspect, sample and test the LASIP Emergency Structures to ensure their conformity with the plans and specifications authorized by the Permit. 21. If historical or archeological artifacts are discovered at any time on the project site, COUNTY shall immediately notify SFVA'MD's West Palm Beach Service Center. 22 COUNTY shall immediately noti�y the SFWMD's Environmental Resource Compliance Department, in writing, of any previously submitted LASIP Emergency Structure information that is later discovered to have been inaccurate at the time of submission. A& ;P tt TMI R1LIMER 980828_ I Page 4of15 M Agenda Item No. 8E November 28, 2006 Page 200 of 257 SFWMD RESPONSIBILITIES 23. SFWMD shall coordinate with COUNTY following receipt of a request from COUNTY for authorization to operate the LASIP Emergency Structures, and shall respond within a reasonable time period, in order to ensure the operation is in accordance with this MOU and the applicable Permit conditions. 24. SFWMD shall coordinate with COUNTY to ensure compliance of SFWMD rules and policies for the operation of the LASIP Emergency Structures. JOINT RESPONSIBILITIES 25. COUNTY and SFWMD shall each designate, in writing, a principal contact person to coordinate the provisions of the Permit and this MOU. 26. COUNTY and SFWMD shall meet in January of each year to assess compliance with the - Permit and this MOU and its effectiveness in achieving the above stated objectives. Any concerns with the terms and conditions of the Permit, this MOU or any problems with implementation shall also be addressed at these times. SFWMD shall be the entity responsible for coordinating the meeting schedule. 27. COUNTY agrees that any future permit applications for construction and /or operation of the LASIP Emergency Structures shall be consistent with this MOU. or the MOU may be modified accordingly. All future permit applications shall be consistent with the MOU including the following principles: Eim All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of the LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responsible entity.. shall be EXIIJ13-11T � C Page 5 of 15 Y b � 8 v 1 'u, L D O � 4 All emergency gates or other operable bleed down mechanisms will require a permit from SFWMD. Structures that control discharge directly to SFWMD canals shall be Individual Permit Applications. In some cases, internal structures within a local drainage district or government entity's jurisdiction may be determined by SFWMD staff to be General Permit Applications. SFWMD staff will reach a decision on whether internal structures will be required to be Individual or General Permits after consideration of the site specific circumstances and consultation with SFWMD staff. LASIP Emergency Structures will only be permitted when the operating government entity is the COUNTY. COUNTY, as the applicant, shall demonstrate that it has crews available to operate and maintain the LASIP Emergency Structure. SFWMD's authorization of a LASIP Emergency Structure is premised upon COUNTY having operating control of the surface water management system affecting the LASIP Emergency Structure and not just the outfall structure except in the instance where a portion of the LASIP water management system flows through a private development. In such an instance, the COUNTY shall be responsible for operation and maintenance of the LASIP Emergency Structure and the private development's responsible entity.. shall be EXIIJ13-11T � C Page 5 of 15 Agenda Item No. 8E November 28, 2006 Page 210 of 257 responsible for the remaining portions of the water management system within the boundaries of the private development. 28. COUNTY and SFWMD have jointly developed a list of defined emergency triggers, as set forth in the Permit, to determine when a situation is considered to be an emergency. In the context of this MOU, emergency is defined as a situation when immediate action is necessary to protect public health, safety, or welfare; the health of animals, fish or aquatic life; the works of the SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. 29. COUNTY, as the operator of the LASIP Emergency Structures, has in its application, submitted an operation schedule that identifies the critical elevation that causes an emergency to exist and identifies why this elevation constitutes an emergency. It also submitted information pertaining to other alternative solutions that have been implemented or rejected. 30. COUNTY, as the operator of the LASIP Emergency Structures, has demonstrated through calculations, that the downstream conveyance capacity of associated surface water management systems is available to accept the anticipated flow if the Emergency Structure is opened during an off peak condition. It is the intent of this MOU, that such calculations be based upon COUNTY's analysis of the system under its control and associated systems, excluding the SFWMD's system. SFWMD will assist in respect to analyzing the impacts to its system. 31. If COUNTY improperly uses a LASIP Emergency Structure at any time outside of the conditions established by this MOU, SFWMD may require measures that render the LASIP Emergency Structure inoperable. If the measures required by SFWMD to render the LASIP Emergency Structure inoperable result in physical damage or impairment to the LASIP Emergency Structure, the SFWMD shall be responsible to reimburse COUNTY for all costs associated to restore the LASIP Emergency Structure back to operable status after a mutually agreeable resolution of the improper usage has been established. 32. COUNTY shall conserve fresh water whenever possible. However, it is recognized that there may be certain emergency circumstances that warrant lowering of the LASIP stormwater management system component water levels below control elevation for a period of time, such as a situation where, to minimize flooding, SFWMD is opening its gates to lower canal water levels in anticipation of major rain events (e.g. tropical -cr w cyclones). In the absence of being able to get previous approval from the SFWMD and Z: in such emergency circumstances, COUNTY may operate the LASIP Emergency m�.�., Structures as it deems necessary during such emergency circumstances to protect public S2 health, safety, or welfare; the health of animals, fish or aquatic life; the works of the `n � =, SFWMD; a public water supply, or recreational, commercial, industrial, agricultural or 4 w o �5 other reasonable uses of land and water resources. The COUNTY has the authority to Lo w determine the appropriate water level that should be used during the use of the LASIP Emergency Structures in such emergency situations. The COUNTY shall notify the �o or �� 1B Page 6 of 15 T 9BO82g¢1 Agenda Item No. 8E November 28, 2006 Page 211 of 257 SFWMD within twenty -four (24) hours of the termination of such emergency conditions of any LASIP Emergency Structure operational measures the COUNTY undertook without prior notice and approval of the SFWMD. In older developed areas with substandard water management systems that do not meet SFWMD's current flood protection design criteria, SFWMD staff will consider the lowering of ditch or canal levels below existing control levels in advance of an approaching storm or anticipated heavy rainfall. NUSCELLANEOUS PROVISIONS 33. This MOU may only be amended by mutual written agreement of the governing body of COUNTY and the Governing Board of the SFWMD, which amendments may include, but are not limited to, those needed to authorize changes in the LASIP Emergency Structures' operational parameters, physical modifications to LASIP Emergency Structures, or termination of the MOU as the result of a finding that there is no potential for a negative impact to a SFWMD managed canal, as the two governing bodies deem necessary in order to address adverse water resource impacts or impacts prohibited in- Rule 40E -4.301 or 40E- 4.302, F.A.C., if any. 34. In the event it is determined that operation of the LASIP Emergency Structures are causing unacceptable adverse impacts to the water resources or impacts prohibited in 40E -4.301 or 40E.4.302, F.A.C., the governing body of a party hereto, following such finding, may terminate its participation in this MOU by either mutual written agreement with the other party or by providing one hundred eighty (180) days prior written notice to the other party; provided that any such termination by the Governing Board of SFWMD shall only be effectuated through the revocation of the Permit, or applicable LASIP Emergency Structure portion thereof, as the case may be, pursuant to Sections 373.429 and 120.60, Florida Statutes. 35. Further, after consideration of the most economically efficient options available for protection of water resources, the Governing Board of SFWMD may order, as an aspect of its revocation of this MOU and the subject Permit or applicable LASIP Emergency Structure portion thereof, as the case may be, that: (A) the emergency operation component of the LASIP Emergency Structure be removed, or (B) the LASIP Emergency Structure be modified to permanently prohibit usage by operation. 36. Notwithstanding this condition, in no event shall any provisions of this MOU prohibit or undermine the SFWMD's ability to prevent unacceptable adverse impacts to the water resources or impacts prohibited in Rule 40E -4.301 or 40E- 4.302, F.A.C. 37. This MOU, together with the Permit, incorporates, embodies and expresses all agreements and understandings regarding the LASIP Emergency Structures between SFWMD and COUNTY, and may not be altered except as authorized in paragraph number 33 above. APiWCATION NUMBER Page 7 of 15 ADDL/REVISED SUBMITTAL CH4BfT 1% FORT MYERS SERVICE CENTER 5 Agenda Item No. 8E November 28, 2006 Page 212 of 257 38. This MOU shall not constitute a waiver of the SFWMD's regulatory jurisdiction, nor be construed to authorize any activity within the jurisdiction of the SFWMD except in accordance with the express terms of this MOU and the Permit. 39. Nothing in this MOU, whether expressed or implied, is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this MOU. 40. There shall be no waiver of any right contained in this MOU unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this MOU shall impair such right or be construed to be a waiver thereof. Any waiver shall be limited to the particular rights so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this MOU. 41. The invalidity of one or more of the terms or conditions contained in this MOU shall not affect the validity of the remaining portion of the MOU provided that the material purposes of this MOU can be determined and effectuated. In the event of a conflict between the provisions of this MOU and the Permit, the provisions of the Permit shall prevail. 42. The Governing Board of the SFWMD authorized its Executive Director, or designee, to execute this MOU. NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. requires that "each notice 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 state the time limits which apply." 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. Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: 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 file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. 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 or posting or publication of notice that the SFWMD has or intends to take final uen,--pctjp%EWniom I E SUB APPLICC IGN NI.i RER Page 8 of 15 AUG Q I—M 98082, 8- i Agenda Item No. 8E November 28, 2006 Page 213 of 257 substantially comply with the requirements of Rule 28- 106.201(2), Fla. Admin. Code, a copy of which is attached to this Notice of Rights. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla, Stat. 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 or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28- 106.301(2), Fla. Admin. Code, a copy of 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 petition for a hearing no later than 14 days after the date such order is servo, Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat., and Rule - 40E- 1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2xc)), a petition objecting to the SFWMD's agency action 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. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition 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 with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file 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. g. Permit Suspension, Revocation, Annulment, and Withdrawal. If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the COUNTY may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD 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 which is attached to this Notice of Rights. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD's final action may be different from the position taken by it previously. Persons APPLICATION Rl(Jfi QF-A p 7 RA �ViE L I 9 8 0 8 2 R_ l Page 9 of i 5 5 M r:noT VCD(Z CCDXhrC7 rChiTIM Agenda Item No. 8E November 28, 2006 Page 214 of 257 whose substantial interests may be affected by 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 limited to the substantial deviation. 3. Pursuant to Rule 40E- 1.511(4), Fla. Admin. 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 of the Governing Board. 4. Pursuant to Rule 28- 106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWN1D, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. 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 circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFVVMD's final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 156 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 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. 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 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. Land and Water Adjudicatory Commission 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (LAWAC) 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 Rules 42 -27013 and 42- 2.0132, Fla. U I TPi EA 980828— I Page 10 of 15 AUG 052 t:nQ-r MYFRS SERVICE CENTER Agenda Item No. 8E November 28, 2006 Page 215 of 257 Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with LAWAC 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 filed with LAWAC within 30 days of rendition of the DEP's order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD'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 SFWWID or DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. Private Property Rights Protection Act 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, 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 set forth in Subsectiwn 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. Scat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, may file a request for 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. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Choosing mediation will not adversely 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 following information: (1) The name, address, and telephone number of the person requesting mediation and that person's representative, if any; (2) A statement of the preliminary agency action; (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 limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, 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 final order incorporating the agreement of the parties. Persons whose substantial interest will be a fe to } gency decision oPLICATIaN NUMB111, E 8 0 8 2 '� Page 11 of 15 AUG C Agenda Item No. 8E November 28. 2006 Page 216 of 257 have a right to petition for hearing within 21 days of receipt of the final 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 settlement of the dispute, the SFWMD shall notify all parties in writing 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. Variances and Waivers 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 the time for filing a petition for an administrative hearing or exercising any other right that a person 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: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; (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 violation 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 variance 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 facts that make the situation an 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 SFWNID more expeditiously than the applicable timeframes set forth in Section 120.542, Fla, Stat. Waiver of Rights 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. 25- 106.201 Initiation of Proceedings EXkf# ASED SUBMIT (Involving Disputed Issues of Material Fact) APPLICATION e11mPnr, U 0 9 8 0 8 2 8- IPage 12 of 15 �OR�[ NtYERS SERVICE CENTER Agenda Item No. 8E November 28, 2006 (2) All petitions filed under these rules shall contain: Page 217 of 257 (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 petitioner's substantial interests will be affected by the agency determination; (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 the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) A demand for relief. 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 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 petitioner's substantial interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand for relief. 28- 107.004 Suspension, Revocation, 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, administrative complaint, or other communication that the party has received from the agency. 42- 2.013Request 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 servi c p requ' A W ED lTTAL rcllr+ a lii rails %nc ;R 53 Q ge13of15 AUG 0 512M FORT MYERS SERVICE CENTER Agenda Item loo. 8E Novernber 28. 2006 Page 218 of 257 subsection shall be a requirement for a determination 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 to 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; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unswom, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., 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 policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(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 district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 Emergency Action (1) if the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, 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 hearing 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 necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance 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. �erout �e rfow WUAl �R 1 9 0 - �� TTTBI�TTPAL Page 14 of 15 FORT MYERS SERVICE CENTER Agenda Item No. 8E November 28, 2006 Pag 219 of 257 subsection shall be a requirement for a determination of sufficiency under Rule 42- 2.0132. Failure to �le 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 to 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 duty adopted thereunder; (b) How the rule or order sought to be reviewed affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Chapter 120, F.S., 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 policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(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 district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 Emergency Action (1) If the agency finds that immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, 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 hearing 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 necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance 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. A00LICAT1814 NUMOC 9 -6 0826,1 m Page 14 of 15 AUG 0 ` 2003 FORT MYERS SERVICE CENTER Aaenda Item No. 8E Pdovember 28, 2006 Page 220 of 257 IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed in counterpart originals by their duly authorized representative(s) on the latest day and year noted below. Executed by SFWMD this ATTEST: BY: TONY BURNS Assistant Secretary LEGAL FORM APPROVED BY: FRANK S. BARTOLONE Senior Attorney Day of 12003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Name = Title Passed and approved by the Board of County Commissioners of Collier County, Florida, this Z11-14% Day of 111L _, 2003. ATTEST: Dwight E. Brock, Clerk BY: `� MD �C.. Deputy Clerk.'' (Attest as to Chairman's signature only.) Approved as to form and legal sufficiency: BY: V%� Thomas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER !COTY, FLORIDA EY: V'— Tom Henning, Chairman 5.2n .03 tafZ:�i 7d EXHI Page 15 of 15 ADDUREVISED SUBMITTAL AUG !%2W3 YERS SERVICE. CI LATER SFWMD ERP Application dumber 980828 -1 Lely Area Stormwater Impnovement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Canal Basin — Region. 2 D koe #�n8No. 8E , 2006 1 of 257 Lely Canal Basin — Region 3 DEFINED EMERGENCY NO. STRUCTURE DESIGNATION AND EMERGENCY OPERATION DESCRIPTION TRIGGER PARAMETERS Open Gates Close Gates LCB- 00 -SO120 — Doral Circle Upstream Water at at 4 Upstream Water 1 1 - 60' wide weir with crest at elev. 4.0' Surface 1 - 50' wide weir with crest at elev. 7.5' NGVD, Increases to 5.6 4.0 8.9 2 - 5' x 5' sluice gates Elevation 5.6 NGVD, 2 - 5' x �' sluice gates Elevation 8.9 LCB- 00 -SO150 — Royal Wood Upstream Water 1 - 35' wide weir with crest at elev. 6.5' Surface NGVD, Increases to 8.2 6.5 2 1 — 5.25' x 0.3' Rectangular Bleeder hole Elevation 8.2 with an invert elevation of 5.0' NGVD, 2 - 5' x 5' sluice gates County Barn Road Weir Upstream Water 3 1 - 20' wide weir with crest at elev. 8.0' Surface NGVD, Increases to 8.7 8.0 2 - 3' x 3' sluice gates Elevation 8.7 Lely Canal Basin — Region 3 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure- Page 1 of 4 EXHIBIT Two DEFINED EMERGENCY NO. STRUCTURE DESIGNATION AND EMERGENCY OPERATION DESCRIPTION TRIGGER PARAMETERS Open Gates Close Gates LCB -00 -50160 — E. of Royal Wood Upstream Water at at 4 1 - 50' wide weir with crest at elev. 7.5' increases to 8.9 7.5 NGVD, 2 - 5' x �' sluice gates Elevation 8.9 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure- Page 1 of 4 EXHIBIT Two SFW1W1D ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Canal Basin — Region 3 continued Agenda Item No. 8E D v r 28, 2006 222 of 257 Haldeman Creek Basin DEFINED EMERGENCY NO. STRUCTURE DESIGNATION AND EMERGENCY OPERATION OPERATION DESCRIPTION TRIGGER PARAMETERS PARAMETERS j Open Gates Close Gates Close Gates LCB- 00 -SO165 — N. of Whitaker Rd. Upstream Water at at at Surface 5 1 - 10' wide weir with crest at elev. 8.5' Increases to 9.3 8.5 NGVD, 2 - 5'x 5' sluice gates Elevation 9.3 Increases to 5.1 4.5 LCB -00 -SO167 — Slough Diversion Upstream Water Elevation 5.1 Surface 6 1 - 10' wide weir with crest at elev. 9.0' Increases to 9.3 9.0 NGVD, 2 - 5'x 5' sluice gates Elevation 9.3 LCB- I3 -SO100 - Whitaker Road Upstream Water 7 1 — 4' x 4' sluice gate, 4' x 8' box culvert Surface Increases to 8.5 7.5 with weir crest 7.5' NGVD. Elevation 8.5 Haldeman Creek Basin Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the Siii'ijcCi SiuGicirc. Page 2 of EXHIBI -' ff. P DEFINED EMERGENCY NO. STRUCTURE DESIGNATION AND EMERGENCY OPERATION DESCRIPTION TRIGGER PARAMETERS j Open Gates Close Gates HCB- 00 -SO220 — Weir at Haldeman at at Creek Upstream Water g Surface 1 -15' wide weir with crest at elev. 4.5' Increases to 5.1 4.5 NGVD, 1 -3' x 4' wide sluice gate Elevation 5.1 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the Siii'ijcCi SiuGicirc. Page 2 of EXHIBI -' ff. P SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Manor Basin — Region 4 4qgnk m No. 8E D b 28, 2006 e 23 of 257 Lely Manor Basin — Region 5 DEFINED LEMERGENCY STRUCTURE DESIGNATION AND EMERGENCY OPERATION NO. DESCRIPTION TRIGGER PARAMETERS PARAMETERS Open Gates Close Gates Close Gates LCB- 00 -SO 130 — Loch Louise Weir Lely Lakes East Outfall Pumping at at at Upstream Water 1 Double crested weir - I V wide weir Surface 9 with crest at elev. 5.5' NGVD, and a 25' Increases to 6.1 5.75 wide weir with crest 5.75' NGVD; Elevation 6.1 N/A N/A N/A 2 - 5' x 5' sluice gates 3.00' NGVD, off elev. 2.75' NGVD LCB- 01 -SO148 — Davis Main Weir Upstream Water 10 1- 10' wide weir with crest at elev. 7.5' Surface Increases to 8.5 8.0 and 1 - 37' wide weir with crest at elev. Elevation 8.5 Upstream Water 8.0'; 2 - 5' x 5' sluice gates Surface 4.5 Lely Manor Basin — Region 5 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. ro 'H 14". Page 3 of 4 �► S.4 DEFINED EMERGENCY NO. STRUCTURE DESIGNATION AND EMERGENCY OPERATION DESCRIPTION TRIGGER PARAMETERS Open Gates Close Gates Lely Lakes East Outfall Pumping at at Station (Phase One Construction) 1 -20' wide weir with crest at elev. 2.0' 11 NGVD, 2- 12,000 GPM pumps - Pump 1 on elev. N/A N/A N/A 3.00' NGVD, off elev. 2.75' NGVD Pump 2 on elev. 3.50' NGVD, off elev. 3.00' NGVD LMB- 00 -SO090 — Freshwater Marsh Upstream Water 12 Surface 4.5 3.0 l - 25' wide weir with crest at elev. 3.0' Increases to NGVD, 1 - 5'x 5' sluice gate Elevation 4.5 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject structure. ro 'H 14". Page 3 of 4 �► S.4 SFWMD ERP Application Number 980828 -1 Lely Area Stormwater Improvement Project Collier County Memorandum of Understanding — Attachment "A" List of Proposed Operable Discharge Structures Lely Manor Basin — Region 6 Agenda Item No. SE D� ae er 28, 200e 224 of 257 Lely Manor Basin — Region 7 DEFINED EMERGENCY NO. STRUCTURE DESIGNATION AND EMERGENCY OPERATION DESCRIPTION TRIGGER PARAMETERS Open Gates Close Gates LMB- 00 -S0120 — S. County WWTP Upstream Water at at 13 1 -100' wide weir with crest at elev. 7.0' N/A N/A N/A Increases to NGVD (no gates) 9.4 1 - 30' wide weir with crest at elev. 9.4' Elevation 9.7 LMB- 00 -S0110 - Warren Street Upstream Water NGVD, 2 - 3' x 3' sluice Bates 14 Surface 6.2 4.5 Upstream Water 1 - 55' wide weir with crest at elev. 4.5' Increases to of Wing South Surface NGVD, l - 5' x 5' sluice gate Elevation 6.2 Lely Manor Basin — Region 7 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject stricture. Page 4 of 4 "HIJBI-1- CA g. r DEFINED EMERGENCY NO. F STRUCTURE DESIGNATION AND EMERGENCY OPERATION DESCRIPTION TRIGGER PARAMETERS Open Gates Close Gates C4C- 01 -SO110 - N. of Wing South Upstream Water at at Runway Surface 15 Increases to 9.7 9.4 1 - 30' wide weir with crest at elev. 9.4' Elevation 9.7 NGVD, 2 - 3' x 3' sluice Bates C4C- 01 -S0100 - S. End of Channel E. Upstream Water of Wing South Surface Increases to 9.7 9.0 16 1 - 30' wide weir with crest at elev. 9.0' Elevation 9.7 NGVD, 1 - 3' x 3' sluice gate C4C- 02 -SO100 — W. of Wing South Upstream Water Surface 17 1 - 10' wide weir with crest at elev. 8.8' Increases to 9.4 8.8 NGVD, 1 - 5' x 5' sluice gate Elevation 9.4 Note: Defined emergency trigger based on the 25 -year, 3 -day event peak stage in the adjacent channel upstream of the subject stricture. Page 4 of 4 "HIJBI-1- CA g. r South Fioncia water Manage»IenL WROU wa Work Schedule Requirements Application No : 980826-1 Mitigation Plan ID: LELY AREA STORMWATER Activity SUBMIT RECORDED. CONSERVATION EASEMENT SUBMIT BASELINE MONITORING REPORT (99, 10, 1.6 ACRES) REMOVE NUISANCE, AND EXOTICS 99 AND 10 ACRE /INSTALL PLANTS 1.6 MAINTENANCE FIRST ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE SECOND ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE THIRD ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE FOURTH ANNUAL MONITORING REPORT MAINTENANCE MAINTENANCE FIFTH ANNUAL MONITORING REPORT Agenda Item No. 8E November 28, 2006 Page 225 of 257 Page 1 Due Date 05 -JAN -2005 05- MAR -2005 05- MAY -2005 01 -OCT -2005 05-JAN -2006 01- APR -2006 01 -OCT -2006 05- JAN -2007 01 -APR -2007 01 -OCT -2007 05-JAN -2008 01- APR -2008 01 -OCT -2008 05- JAN -2009 01- APR -2009 01 -OCT -2009 05-JAN -2010 Exhibit No: b0oJ11EIIHX3 Q d cm R a CC E w G .+ N V m Nar ca o U. c � d w. t0 C � o R � m N Oa .` 0 o a U CD 0 N 'x uj f Q rn O N o o co vi O m m 'y a p z w r N O 4) a U a c a 6. � a Agenda Item No. 8E NMernber 28, 2006 Page 226 of 257 m C 0 f 0 I om oa`a i I `od o� N U ¢ mQ Qom' Q. a. 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LL LL Lai- Lu Z cr� 00 x O 1 c am❑ �❑ Q z Q 0�❑❑ 0 0 R Q �, - 00 o 0 0 0 0 0 0 0 0 0 0 Of 0 0 w M 0 0 Of 0 0 0 0 0 0 d m z E M 0 0 0 0 0 0 0 0 0 0 0 o Q o o Q¢ o o¢ 0 0 0 0 0 0 0 a a s CD 0 d 0 0 0 0 0 n. 0 0� a- 0 LL LL 0 EL u. a 0 a 0 a o CY a+ y M > 0 O C) O O O 0 CD N M o N O O O O O O O o N w r d 0 j0 V to . .. v) c E � o CD m r c o Z to - u� o o 0 Q CL (D I� C u Cl H' a r r N f") V to O n O O .- N O M O CD N M LO t0 ti O L tU 0' Q C/3 V t W ... _ ... ' 3* •- to n r r r r r r r r r r r r r r r O O co �-- O r W r O O O to aJ o0 a0 O to tSb►1181HX3 T- C O C .+ to V i 0 a+ LL C � E `m Lu 7 CD W Q. �. O 0 U- d c O N N ?C L1.) Q1 _ O co '- N 4 rn orb T T yI .. E C o Z y 0 O x d CL U LL' CL = a d � a I j j C 1 c I d I � I � I I O CL II s I m N I � I 0 i I wl Q H D Z m O tM F1 M N a I C O C .+ to V i 0 a+ LL C � E `m Lu 7 CD W Q. �. O 0 U- d c O N N ?C L1.) Q1 _ O co '- N 4 rn orb T T yI .. E C o Z y 0 O x d CL U LL' CL = a d � a I j j C 1 c I d I � I � I I O CL II s I m N I � I - --1 i I 5 Q cA m III Q F1 j I N N LU H N LL 3 j D Z OI N v ' m C m j 0 � d 0 c i CD Lu o CD ( L .. LU i j E a9i di': 0 0 00• °o o z Z � I — a O c1�: w c7 y a Q a' Q Co 0 0 I 110 n Ln � m r a, J 0 I m d o f J ' I J! o o C a JJ Q I a Q i a O o 0 S o nm 0' in. CL T SO I t N 1 C w m I m a <.. o to I 0 o Irn m C ¢ I o, o 0 co EU Q , N N I T F- I I II I ! i Z. I i N I i I 5 Q III N N 0 OO y LL 3 D •O N m C m u 0 � d 0 c i CD Lu o SO I t N 1 C w m I m a <.. o to I 0 o Irn m C ¢ I o, o 0 co EU Q , N N I T F- I I II I ! i Z. I i i I 11 0 0 CD Lu o CD ( L .. z' j E ¢ o o z l E — a O c1�: w c7 1 Q o a' Q Co 0 0 o n Ln r a, J 0 o f J l p I J! w N p i S I Q a Q i Q O 0' LU U3 fl Q m a�i cQ w i N V I CL Q. a� .c C Q II m m w^ o c Q U am E. En 1] m Z V w d� am 1 I � m CD� C> m jQ is Agenda Item No. 8E November 28, 2006 Page 231 of 257 4 I I Z cc u f- Agenda Item No. 8E November 28, 2000 Page 232 of 257 11131HX3 2 M. T I I ®m: w Z3 0 � I ti Z i I m Z M f9 .0 rQ WQ' w Q I W W a) I I ID rn z ca CD � � c as 1 � m in m I E !I � a E i CL a Q I o p I t o I .. > n R poi rn VI I N ca I N N- I 27 N U •C V _¢ I I 1 a N a V N a rn o 0 0 0 o0 00 m C) a •� � ch N O d N. Q. �: 1 d . r I U ! E V CD LL C w+ iii If U ' CD M N U U U N Q7 Q a,r m E a a) m .I CL 0. I E� CL S C O - — d W w a� .r I co a D N zs n I cv I I � L O (D m L C y J I in p LL d 1 ° a a I Q _ Q to w (p Il co O N ws c a uj ? m rn t � I ca cm 7i a cr � m d � 'as � I , ao 0� Z Z Z LO i Z Z C O Z 0 ail L co O C7 I LU a� co Z E 0 0 O a Z Z rL L m O O O O 10 ! - O O OIO r y ch cy D m I q `° n .. C J N. r 1 0 0) r r O M M i tu C O Z t11 d `7 -� d N N H o o p a Q x C Q. O Q. N1 ,w _�- N N p tI1 iy _ 0 p n. O Agenda Item No. 8E November 28, 2006 Page 233 of 257 4*01 � I I o m r' y O , O I ,Q: W � I (D Z I I 5 c9 O w. a cc M 0 I a I i "' C i O p_ Q O c c) E d I O °� ` o �1 o 2 C � j p � � Q f!7 d i I U OI O O O O O O O O O O O O O O O O O O O O O O O O O O O Co ro N N C7 u? 1� M M N V Cl! LQ 0] 'R V� N W N t� O :i CL A R E Q . LL- 47 I y .�. C I v v u U v v v v v v v v v v v v v v v U v v v QI ca m N `1 E E E E E E E E m m "ffi L C ; ti a o. n. a n a a a a n. d Cl LLi y 'n R .0 o y Vol � @ 2 v M m M m m cOO m m m m m Us 3 a - rn - x M a a a M CL .0 a a T T N ro m ro ro ro ro M m M N U U U 0 0 0 U U U a CL _ a) O c a a o y d m m m ro d a) m aD m N O c c c c c c c c c c c IL o o o a i i a s i i n = Q d E a a- H N C N C N ro O w w w y N y y y y h y N N N y N •' C ro y ° ` y — u a li aNS aNi ai m ay u i v w uNi m ai aN ac`s O O ` a) C) a C) C a a a a O_ C- Q T a s Q a a a T T T T T T T T a a n N 'K _ U 6 m a U m U d U O D U U U U U U U U U U U U U W j i I U I O Q. Z ? Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z c Z _ r N m C 0 L 4 w C? T 0 O Y ❑ O ❑ O O ❑ O ❑ O O ❑ O Q O Q O Q O ❑ O ❑ O Q ❑ ❑ O O Q O N 0 ❑ O W 0 ❑ N 0 0 ❑ 0 Q 0 Q 0 ❑ 0 0 0 ❑ 0 0 0 0 0 0 0 0 0 0 0 0 co O 0 0 0 0 0 0 0 0 0 g 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c c 0 0 0 0 s U c 0 c v � a a 0 O O 0 L: > O cl q q M cl N U) OR M O O O N h /p N r M of c E UJ rn C O 2 J I m ;. 0 c Q I a I Q -I -° r ° C Q, F N M if N M r N CO M 0 1.- CO r a 3 C N I I W _ aj Qj 6 Qj pj 6 O C O O 6 O O r N N N N N N N N fV CD tY ¢ U �� �%% r r r N N N CO CO CO M M M M M M M Cl) Cl) co M M M M M Cl) M Cl) I Aaenda Item No. 8E t cvern"oer 28. 2006 Page 234 of 257 Ar 1 O jMllalHx3 1 T ca T- 0 0 1 i .2 12 j w V 1 I I y V I N Q I I as �¢ w O � I w N M Z !I i I 2 1 ZO 1 CD 01 O; m j 73 i m i v rn I m; Q. j cQ I I < uj ¢ I W I f W U m. I Ij i m accoi d Q p a o i O o 3 m I m rn a I I I C v w �¢ O �Q o ¢ ao a N j ! d v O> a rn jo m 0 0 j o I I M m °o o an d o �� o 0 1 ate' .' E N I Q ¢ d L I CO CD cL CL c - -- II c m w to 0 y I j -0 CL ! I f L I i I I , n m I 7 ° m LU m ca m j o� N L C32 to O2 Z Z I ` 0^2 Z c Zi I "D c ca O O 1 C7 I w �' I co Z o Z a d Z Z 2 I o I 0 Z ID N i W m cD �I N W a �' C O Z J' d N -j d -A I d) U: a v o l a Q p0 a ¢ N o O ¢ 0 g j a g m ix C- a iw m e i cs m' o 130 m{ va °� CL CD r O O d a C O E C N U. u „a = C CD T E a .ar i y � N o n. = O O n. CD O N V) x LU o� O CV 4 o C7 O1 N a+ 00 I w y C O z y p O X v ce _ GI c a CL CC Q lllalHX3 W HI 1 N OI m E a p d d t I ar r -1 La tea. c I I I N I C 1 I f LU a0 a m I i z I I a v i 2i m Q n M m o I CL . EQV cr a M a) CL 0- Ems. I Agenda Item No. 8E November 28, 2006 Page 235 of 257 .ai °' ' I N N C C 1 I O N i'. a1 a0 C C i i n m CL z o 6 . I cr a LL W h- U to U y N 47 C d 0 3 7 fa Vf N h II 1 Lq � Z a1 d d la LL N N a) 1 O rM c9 d I j 0 m > a U U U wQ _ I,I m I ; i U � Z cc m i i � I _a I CD j I i m � a 4" ul c z cs CD z r z I -E ay ` a Col. N O A C U' a O a D Q O I= C7 .I w i a) C.1. N O N 0 0 0 0 O - O O N O ,� � 'V i Q d _ p ;M i EQ 0 0 o LL ' N N U U U w V m U U d U U U m U m U U V L) U U m a> m ICI an w LL 141. Z 5 5 5 5 5 5 5 6 5 5 it O O E E O O O O E E O O N O O,� � CL a L) at U y a a M `—° d w m a� m j a 2 ° � CO 'O M m °c c M U cu U `�� to a c U U U c oa E 0 d Q O CL I N N C C Q O N i'. a1 a0 C C i i n m CL z o 6 . o 3 a a LL U to U y N 47 C d 0 3 7 fa Vf N h II 1 Lq � a1 d d la LL N N a) c9 d 0 m > a U U U _ I,I m I ; i U � i i � I _a I CD ul c z cs z r z < z� O a O a O I= C7 .I w a a¢ _ p a 0 0 o LL ' E o O b.. Z LL a LL <L Z Q. (7 LL LL 141. Z ll., tl u. O LLJ Z O it O O O O O O O O O O O N O O N O O,� � � C1 L) at U y CO 'O T a1 W J i N i M ,. y _ d D I a ' ¢ Q Z.. Ig ! fa r N C7 r ems- r ch 1!'I O N O0 C? IW to LO �C7 CL1 t0 cci tD [D f0 fp CD [D ct7 t0 (0 W ': .I � V it oi 1181HX3 r O 111 y Z a. Q C O L C v N tv a L c 1= � d C O � O m W N RS O 7 O. 'C O o n. N X LU _ Q e- r O DO N W � O � 4 � c co I NI .. E = 7 C O Z {p O O Q m U >x Q = a y ¢ I c E 0 0 � I N CL I j I li LU Q Z O in " I a) U d¢ a y I m U Q V m C, <a a(D E I ca cc C I CL a N a1 N lL T 00 01 I M T- -0 N ca Z Z � i m U :3 0) d2 Z Z I � v rn I d � o m j N U Q I 0) a! (D O O C ca 6 " 00 W LO C4 I-- C LU Q I I I aoi m. � o o y N N co d> N U I n` n ar D U � Q a� U O CO E cc i U d d a) ET i -0 i O 0 `m c9 U _ N U) C @ D m cu y cu _. 2 3: 1 a) i p 2 o O a Z LU N V y rn c°q Ln j a a W o� o CY) T to WI Q Z C! IF- a� .- to ED U N [a co � N CJ Z Z � I O Z a CY OQ.. 0 0 0 (D ti (D to C14 is M U') " r ca � 1 Q Agenda Item No. 8E November 28, 2006 Page 236 of 257 @ I I ii 1 N N U W Q Ih N a) . r rn to I I ca cc C I CL a N a1 N lL T 00 01 I M T- -0 N ca Z Z � i m U :3 0) d2 Z Z I � v rn I d � o m j N U Q I 0) a! (D O O C ca 6 " 00 W LO C4 I-- C LU Q I I I aoi m. � o o y N N co d> N U I n` n ar D U � Q a� U O CO E cc i U d d a) ET i -0 i O 0 `m c9 U _ N U) C @ D m cu y cu _. 2 3: 1 a) i p 2 o O a Z LU N V y rn c°q Ln j a a W o� o CY) T to WI Q Z C! IF- a� .- to ED U N [a co � N CJ Z Z � I O Z a CY OQ.. 0 0 0 (D ti (D to C14 is M U') " r ca � 1 Q Agenda Item No. 8E November 28, 2006 Page 236 of 257 v rn I d � o m j N U Q I 0) a! (D O O C ca 6 " 00 W LO C4 I-- C LU Q I I I aoi m. � o o y N N co d> N U I n` n ar D U � Q a� U O CO E cc i U d d a) ET i -0 i O 0 `m c9 U _ N U) C @ D m cu y cu _. 2 3: 1 a) i p 2 o O a Z LU N V y rn c°q Ln j a a W o� o CY) T to WI Q Z C! IF- a� .- to ED U N [a co � N CJ Z Z � I O Z a CY OQ.. 0 0 0 (D ti (D to C14 is M U') " r ca � 1 Q Agenda Item No. 8E November 28, 2006 Page 236 of 257 a) i p 2 o O a Z LU N V y rn c°q Ln j a a W o� o CY) T to WI Q Z C! IF- a� .- to ED U N [a co � N CJ Z Z � I O Z a CY OQ.. 0 0 0 (D ti (D to C14 is M U') " r ca � 1 Q Agenda Item No. 8E November 28, 2006 Page 236 of 257 ED U N [a co � N CJ Z Z � I O Z a CY OQ.. 0 0 0 (D ti (D to C14 is M U') " r ca � 1 Q Agenda Item No. 8E November 28, 2006 Page 236 of 257 Agenda Item No. 8E November 28, 2006 Page 236 of 257 LELY AREA STORMWATER IMPROVEMENT PROJTTa Item No. 8E WATER QUALITY AND WATER QUANTITY STRUCTURE SUM EARY 2006 Page 237 of 257 Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 12.2 inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) ( ft, NGVD) Lely Main Canal: LCB- 00 -00003 N/A N/A 963 3.47 (S. Lake) Lely Manor Canal: LMB- 00 -00001 N/A NIA 212 2.99 (S. Lake) LMB- 01 -00005 N/A N/A 334 4.41 (S. Lake) Conveyance Design: Conveyance Design Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 12.2 inches Conveyance Peak Stage Peak Stage Upstream (ft.) Downstream (ft.) Leiy Main Canal Basin: DORAL_BOX 4.43 4.25 HCB00S0210 6.00 4.95 LCB00C0003 3.58 3.47 LCB00C0005 3.92 3.58 LCBODC0025 4.09 3.97 LCBO000027 4.25 4.09 LCB0000035 5.61 5.57 LCB0000045 6.03 5.91 LC B0000046 6.08 6.03 LCB0000047 6.15 6.08 LCB0000055 6.44 6.46 LC B0000069 8.50 8.50 LCB0000070 8.51 8.50 LOBO000071 8.78 8.77 LCB0000072 8.80 8.80 LCB0000073 9.22 9.22 LCBO000075 9.23 9.23 LC BOOS0110 3.97 3.92 LCB00SO130 5.91 5.61 LCB00SO140 6.46 6.15 LCB00SO151 8.15 8.00 LCBOOS0152 8.22 8.17 LCB00SO153 8.36 8.22 LCBOOS0154 8.44 8.37 LCB00SO155 8.42 8.36 LCB00SO156 8.43 8.43 LCB00SO157 8.44 8.43 LCB00SO158 8.47 8.44 LCB0030159 8.50 8.47 LCB00SO164 8.80 8.78 LCB00SO166 9.23 9.22 LCB01 C0005 4.09 4.09 LCB01 C0007 6.04 5.78 LCB01 CO015 6.13 6.04 EXHIBIT 11 a LELY AREA STORMWATER IMPROVEMENT PROJECT WATER QUALITY a oom No 8� AND WATER QUANTITY STRUCTURE SU U 28. 2005 Page 238 of 257 LCB01 CO021 6.14 6.13 LCB01 CO025 6.30 6.29 LCB01 CO037 6.98 6.96 LCB01 CO039 7.00 6.98 LCB01 CO043 7.09 7.09 LCB01 CO045 7.11 7.11 LCB01 CO053 8.49 8.49 LCB01 CO057 8.52 8.49 LCB01 CO065 8.54 8.53 LCB01 CO075 8.56 8.56 LCB01 CO085 8.57 8.57 LCB01 CO095 8.60 8.60 LCB01 CO105 8.65 8.63 LCB01 CO107 8.67 8.65 LCB01 CO109 8.78 8.67 LCB01 SO100 5.78 4.09 LCB01 SO112 6.29 6.14 LCB01 S0120 6.53 6.30 LCB01 SO140 7.09 7.00 LCB01 SO142 7.11 7.09 _ LCB01 SO146 7.13 7.11 LCB01 SO150 8.53 8.52 LCB01 SO160 8.56 8.54 LCB01 SO170 8.57 8.56 LCB01 SO180 8.60 8.57 LCB01 SO190 8.63 8.60 LCB09CO025 6.66 6.60 LCB09CO027 6.84 6.79 LCB09CO045 8.74 8.73 LCB09CO055 8.84 8.83 LCB09C0065 8.85 8. 5 LCB09CO075 8.88 8.88 LCB09CO085 8.88 8.88 LCB09CO095 8.83 8.88 LCB09SO010 6.21 6.08 LCB09SO020 6.22 6.21 LCB09S0030 6.24 6.22 LCB09SO040 6.25 6.24 LCB09SO050 6.60 625 LCB09SO060 6.79 6.66 LCB09SO100 7.01 6.84 LCB09SO110 7.28 7.01 LCB09S011 1 8.73 8.67 LCB09SO120 8.81 8.74 LCB09SO121 8.83 8.81 LCB09SO130 8.85 8.84 LCB09SO140 8.88 8.85 LCB09SO150 8.88 8.88 LCB09SO160 8.88 8.88 LCB10C0005 6.41 6.30 LCB10C0007 6.49 6.41 LCB 1000015 6.66 6.49 LCB1000025 6.84 6.66 LCB 12C0005 8.83 8.80 LCB12CO015 9.22 9.17 LCB12SO100 9.17 8.83 EXHIBIT 11 b LELY AREA STORIVIWATER IMPROVEMENT PROJK Tda Item No. 8E WATER QUALITY AND WATER QUANTITY STRUCTURE SUHMARX, 2006 Page 239 of 257 LCB13C0005 8.24 8.23 LC613CO010 8.24 8.24 LCB13SO080 8.22 8.22 LCB13SO090 8.23 8.22 LCB13S0100 8,25 8.24 LCB13SO101 8.45 8.25 LCB14C0005 8.45 8.44 LCB14C0007 7.01 7.01 LCB14SO080 8.57 8.80 LCB14SO090 8.44 8.57 LCB14SO100 7.01 7.01 LCB 15C0005 9.29 9.27 LCB15SO100 9.27 9.23 LCB16C0005 9.16 8.81 WCBRNC01 6.24 6,24 WCBRNC05 6.26 6.25 WCBRNC07 6.27 6.27 WCBRNC09 6.27 6.27 W CBRNC10 6.27 6.27 WCBRNC12 6.27 6.27 WCBRNC13 6.27 6.27 W C B RN S02 6.24 6.24 WCBRNS03 6.25 6.24 WCBRNSO4 6.25 6.25 WCBRNS06 6.27 6.26 WCBRNS08 6.27 6.27 WCBRNS11 6.27 6.27 Lely Manor Canal Basin: 146 9.43 9.33 148 9.33 9.19 165 9.19 9.15 166 9.15 8.88 294 8.18 7.39 318 9.33 9.33 322 8.20 8.18 383 9.69 9.69 387 9.69 9.69 388 9.69 9.59 405 9.41 9.37 407 9.37 9.33 418 9.69 9.69 428 4.51 4.50 432 4.52 4.46 479 9.59 9.41 501 9.69 9.68 LINK10 8.88 8.84 LINK6 8.84 8.78 LINK6A 8.78 8.35 LINK6B 8.35 8.20 LMBO000001 3.20 2.99 LMBO000002 3.24 3.20 LMBO000003 3.26 3.24 LMBO000004 5.75 4.50 LMBO000005 5.78 5.75 LMB00C0011 5.93 5.90 LMBO000013 5.94 5.93 EXHIBIT II c LELY AREA STORMWATER IMPROVEMENT PROJEIT , , A.�y No 8T7 WATER QUALITY AND WATER QUANTITY STRUCTURE SLR 2?& 2006 Pane 240 of 257 LMB00C0015 6.13 5.94 LMBO000020 6.15 6.13 LMBO000022 6.17 6.17 LMBO000025 6.17 6.17 LMBO000035 6.17 6.17 LMBOOS0100 5.90 5.78 LMB01 C0005 4.46 4.41 LMB01 C0025 4.56 4.52 LMB01 P0035 4.96 4.56 LMB01 SO105 5.06 4.96 LMB02C0011 4.50 4.46 LMB02C0015 4.51 4.50 LMB03C0003 4.71 4.51 LMB03C0004 4.75 4.71 LMB04C0005 5.11 5.12 LMB04C0015 5.06 5.07 LMB04S0080 5.12 5.15 LMB04S0090 5.07 5.11 LMB04S0095 5.09 5.06 LMB05C0003 5.17 5.15 LMB05C0005 5.44 5.38 LMB05C0025 5.72 5.67 LMB05S0080 5.38 5.17 LMB05S0090 5.67 5.44 LMB07C0005 4.51 4.51 LMB07C0013 4.55 4.53 LMB07CO015 4.62 4.55 LMB07C0025 4.73 4.62 LMB07C0035 5.86 5.80 LM607C0045 5.96 5.87 LMB07C0055 6.02 5.97 L MB07CO065 6.12 6.03 LMB07SO090 4.53 4.51 LMB07S0110 5.80 4.73 LMB07S0 120 5.87 5.86 LM607S0130 5.97 5.96 LMB07S0140 6.03 6.02 LMB07SO150 6.13 6.12 LMB08C000 7, 5.73 5.72 LMBOBCD015 5.80 5.79 LMBOBS0090 5.79 5.73 LMB09COOD5 5.81 5.80 LMB09CD010 5.87 5.85 LMB09S0105 5.91 5.87 LMB09S0110 5.85 5.81 LMB10C0005 5.91 5.91 LMB10C0010 5.90 5.90 LMB10C0015 5.94 5.91 LM610S0l DO 5.90 5.91 westout 4.41 4.40 Control Elevation: Structure Area Ctrl Elev WSWT Ctrl Elev Method of (Acres) (ft NGVD) ( ft NGVD) Determination EXHIBIT 11 d LELY AREA STORMWATER IMPROVEMENT PROJECTda Item No. 8E WATER QUALITY AND WATER QUANTITY STRUCTURE S ", 2006 c t of 257 Lely Main Canal Basin: Surrounding Projects CoBarnWeir N/A 8.00 8.00 & /or Wetlands Ditch Block N/A 8.50 8.50 HCB- 00 -S0220 N/A 4.50 4.50 LCB- 00 -SO120 N/A 4.00 4.00 LCB- 01 -SO148 N/A 8.00 8.00 LCB -01 -SO 148 N/A 7.50 7.50 LCB- 00 -SO 160 N/A 7.50 7.50 LCB- 00 -SO165 N/A 8.50 8.50 LCB- 00 -SO167 N/A 9.00 9.00 LCB- 00 -SO150 N/A 6.50 6.50 LCB- 01 -SO130 N/A 5.50 5.50 LCB- 01 -SO130 N/A 5.75 5.75 LCB- 08 -SO110 N/A 4.50 4.50 LCB- 08 -S0110 N/A 6.50 6.50 LCB- 13 -SO101 N/A 7.00 7.00 LCB -14 -50090 NIA 7.50 7.50 LCB- 14 -SO090 N/A 8.50 8.50 RIV IN WEIR N/A 4.00 4.00 SpreadLake N/A 2.50 2.50 Lely Manor Canal Basin: 295 N/A 7.00 7.00 408 N/A 830 8.00 451 N/A 5.00 5.00 503 N/A 9.00 9.00 506 N/A 9.40 9.40 LMB- 00 -SO010 N/A 2.80 2.80 LMB -00 -50090 N/A 3.00 3.00 EXHIBIT 11 e LELY AREA STORMWATER IMPROVEMENT PROJECT n I Pm No. 8E WATER QUALITY AND WATER QUANTITY STRUCTURE SUMIrg" r -8, 2006 LMB- 00- S0110. NIA 4.50 4.50 Page 242 of 257 Westout NIA 3.00 3.00 Receiving Body: Basin Str# Receivina.Body Lely Main Canal Basin Spreadlake Wetlands of Dollar Bay Lely Manor Canal Basin Westout Wetlands of Sandhill Bay Discharge Structures_ Note: The units for all of the elevation values of structures are (ft, NGVD) SWM(internal) Structures: Note: The units for all of the elevation values of structures are (ft, NGVD) Culverts: Str.# All other units are (inches) Type Width Length Dia. Lely Main Canal Basin: Weirs: Str.# Count Type Width Height Length Dia. Elev. Lely Main Canal Basin: 3 LINK12C 2 RCP 60 2.5 CoBarnWeir 1 fixed crest 20 1.0 LCB09SO160 8.00 Ditch Block 1 fixed crest LCB09SO150 1 10 8.50 HCB- 00 -S0220 1 fixed crest 15 2.0 3 4.50- - LCB- 00 -SO120 1 fixed crest 3 LCB14SO080 60 4.00 LCB- 01 -SO148 2 fixed crest 37 1.0 1200 8.00 WCBRNS11 2 fixed crest 10 1.5 WCBRNS08 7.50 LCB- 00 -SO160 1 fixed crest 50 2.0 RCP 7.50 LCB- 00 -SO165 1 fixed crest 10 1.0 8.50 LCB- 00 -SO 167 1 fixed crest 10 1.0 9.00 LCB- 00 -SO 150 1 fixed crest 35 2.0 6.50 LCB- 01 -SO130 1 fixed crest 11 2.5 5,50 LCB- 13 -SO101 1 fixed crest 12 7.50 LCB- 14 -SO090 2 fixed crest 2.5 7.5 7.50 LCB- 14 -SO090 1 drop inlet 14 8.5 8.50 SpreadLake 1 fixed crest 1160 2.50 Lely Manor Canal Basin: Westout 1 fixed crest 1000 3.0 LMB- 00 -SO120 1 fixed crest 100 7.0 C4CO2S0100 1 fixed crest 10 1 .2 8.8 C4C01 S0100 1 fixed crest 25 9.0 9.0 C4C01 50110 1 fixed crest 30 1.1 9.4 LMB- 00 -SO010 1 fixed crest 1000 2.8 LMB -00 -50090 1 fixed crest 25 1.0 3.0 LMB- 00 -S01 10 1 fixed crest 55 3.5 4.5 SWM(internal) Structures: Note: The units for all of the elevation values of structures are (ft, NGVD) Culverts: Str.# Count Type Width Length Dia. Lely Main Canal Basin: RH_Road 2 RCP 2600 3 LINK12C 2 RCP 60 2.5 LCB16C0005 1 RCP 50 1.5 LCB09SO160 1 RCP 40 3 LCB09SO150 1 RCP 60 3 LCB09SO140 1 RCP 60 3 LCB09SO130 2 RCP 35 3 LCB14SO080 1 RCP 33 2 LCB14SO100 1 RCP 1200 2.5 WCBRNS11 2 RCP 40 2 WCBRNS08 2 RCP 80 2 WCBRNS06 2 RCP 25 2 EXHIBIT II f LELY AREA STORMWATER IMPROVEMENT PROJF�FaTda Item No. 8E WATER QUALITY AND WATER QUANTITY STRUCTURE gV11q4A 2006 age 243 of 257 WCBRNSO4 2 RCP 100 2 WCBRINS03 1 RCP 550 5 WCBR9NS02 1 RCP 2200 5 WCBRNC01 1 RCP 1200 2.5 LCB09SO010 2 RCP 320 4.5 RIV_LK2 2 RCP 50 3 RIV_LK1 2 RCP 50 3 LCB08S0101 3 RCP 50 2.5 LCB00SO130 8 RCP 40 4 LCB01+CO109 2 RCP 650 3.5 LCB01SO142 2 RCP 120 7 LCB01SO140 2 RCP 200 7 LCB01'S0120 2 RCP 350 7 LCB10-0025 1 RCP 1275 4.5 LCB 10 r-DO15 1 RCP 1400 4.5 LCB1000007 1 RCP 1300 5.5 LCB1 DC0005 1 RCP 1000 5.5 HCB00S0210 2 RCP 50 2.5 RIV_UK3 1 RCP 30 5.5 LCB15SO100 1 RCP 33 4.42 LCB12SO100 1 RCP 40 4 LCBDaSO140 3 RC Box 7 100 4 LCBDO:SO151 2 RC Box 8 30 4 LCB0030152 2 RC Box 12 20 4 LCBO( ?SO153 2 RC Box 8 100 4 LCBOGS0154 1 RC Box 8 30 4 LCB03SO155 1 RC Box 8 25 4 LCBOGISO156 1 RC Box 8 60 4 LCBOCPS0157 1 RC Box 8 30 4 LCBOG.S0158 2 RC Box 8 30 4 LCB0030159 2 RC Box 8 50 4 LCBDDS0164 1 RC Box 10 60 5 LCBMS0166 1 RC Box 10 60 5 LCB0l S0100 2 RC Box 8 100 4 LCB01; S0112 2 RC Box 8 35 4 LCBO'C S0146 3 RC Box 8 175 4 LCBOT S0150 1 RC Box 12 125 6 LCMIS0160 1 RC Box 9 100 7 LCBO'i S0170 1 RC Box 9 70 7 LCBO "J S0180 1 RC Box 7 100 4 LCBOE3SO100 1 RC Box 7 100 4 LCB09S0020 1 RC Box 8 40 4 LCB09SO030 1 RC Box 8 153 4 LCB09SO040 1 RC Box 8 60 4 LCB09SO050 1 RC Box 8 2700 4 LCB09SO060 1 RC Box 8 310 4 LCB09SO100 1 RC Box 8 750 4 LCB09S0110 1 RC Box 8 2080 4 LCB09SO111 1 RC Box 8 760 4 LCB09SO120 1 RC Box 6 720 4 LCBD9SO121 1 RC Box 6 450 4 LCB13SO080 1 RC Box 8 100 4 LCB13SO090 i RC Box 8 1870 4 LCB13SO100 1 RC Box 8 60 4 LINKI 1A 4 RC Box 6 100 4 RIV WV! OUT 1 RC Box 6 40 4 EXHIBIT II g LELY AREA STORMWATER IMPROVEMENT PROJECT No 8E WATER QUALITY AND WATER QUANTITY STRUCTURE So 8 2006 Page 244 of 257 Lely Manor Canal Basin. 207 1 RCP 152 4 430 3 RCP 33 3 434 3 RCP 33 3 441 2 RCP 50 3 453 1 RCP 33 4 464 4 RCP 110 2.5 475 1 RCP 33 2.5 486 1 RCP 33 1.5 488 1 RCP 40 3 498 1 RCP 33 3 510 12 RCP 55 3 255 10 RCP 30 1 267 10 RCP 20 1 LMB12SO090 3 RCP 50 2.5 LMB03SO100 3 RCP 180 4.5 LMB07CO035 1 RCP 250 6 LMB07CO045 1 RCP 800 6 LMB07CO055 1 RCP 450 6 LMB07CO065 1 RCP 750 6 LMB07S0110 1 RCP 160 4.5 LMB07SO120 1 RCP 60 6 LMB07SO130 1 RCP 60 6 LMB07SO140 1 RCP 60 6 LMB07SO150 1 RCP 60 6 146 1 RC Box 8 1250 4 148 1 RC Box 8 700 4 165 1 RC Box 8 100 4 166 1 RC Box 8 1100 4 167 2 RC Box 8 40 4 241 1 RC Box 8 350 4 322 8 RC Box 6 40 3 418 1 RC Box 8 40 4 432 1 RC Box 8 33 4 388 1 RC Box 5 40 3 LiA81250090 1 RC Box 8 70 4 LINK10 2 RC Box 12 35 4 LMBO000020 1 P,C Box 8 65 4 00BOOSD100 2 RC Box 9 175 5 LMB04SO080 1 RC Box 8 60 4 LMB04SO090 1 RC Box 8 260 4 LMB04SO095 1 RC Box 8 350 4 LMB05SO080 1 RC Box 8 120 4 LMB05SO090 1 RC Box 8 200 4 LM807SO090 1 RC Box 10 40 5 LMB08SO090 1 RC Box 8 260 4 LMB09SO105 1 RC Box 8 40 4 LMB09SO110 1 RC Box 8 40 4 LMB10SO1DO 1 RC Box 8 250 Slide Gates: Str.# Count Type Width Height Inv. Elev. Lely Main Canal Basin: LCB- 01 -SO130 2 Square gate 5 5 0.0 LCB701 -SO148 2 Square gate 5 5 0.0 LCB- 00 -SO120 2 Square gate 5 5 -1.0 EXHIBIT 11 h LELY AREA STORMWATER IMPROVEMENT PROJXglda Item No. 8E WATER QUALITY AND WATER QUANTITY STRUCTURE St�NMWRIIS, 2006 Page 245 of 257 LCB- 00 -SO 150 2 Square gate 5 5 2.5 CoBarn 2 Square gate 3 3 4.0 LCB- 00 -SO 160 2 Square gate 5 5 2.5 LCB- 00 -SO165 2 Square gate 5 5 2.5 LCB- 00 -SO167 2 Square gate 5 5 2.5 Lely Manor Canal Basin: LMB- 00 -SO090 1 Square gate 5 5 -3.0 LMB- 00 -S0110 1 Square gate 5 4 0.0 C4C- 01 -S0110 2 Square gate 3 3 1.0 C4C- 01 -S0100 2 Square gate 3 3 4.0 C4C- 02 -S0100 1 Square gate 5 5 4.5 On Off Capacity Pumps: Str.# Pump # Type Elev. Elev. gpm Lely Main Carial Basin: LMB- 07 -SO090 1 Vert Prop 3.25 3.00 12,000 2 Vert Prop 3.50 3.00 12,000 Water Quality Sructures: Str.# Count Type Width Height Inv. Elev. Lely Main Canal Basin: LCB- 00 -SO150 1 Rect. Orifice 5,25 0.3 5.0 LCB- 01 -SO130 1 Rect. Orifice 11.0 0.25 5.5 EXHIBIT 11 i a URBAN STORMWATER MANAGEMENT PROGRAM 1.0 Introduction r}++ 91 C. 1, cvv+ Agenda Item No. 8E November 28, 2006 Page 246 of 257 This document provides details of the Urban Stormwater Management Program for the (Project Name) in (location). This Plan discusses non- structural 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 has been optimized, to the maximum extent possible, to reflect the unique character of the (Project name) and the surrounding hydrologic features. Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide 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 Management 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 +Mater duality impacts cn adjacent vv @terbodies Implementation of a management plan will a,!so maximize the effectiveness of the nutrients and pesticides that are applied. Each homeowner must commit themselves to the practice of responsible and careful landscape design and maintenance of each ict to prevent contamination of 5ui i le's. The guidellfies included in this section are intended tc help homeowners make educated environmental choices regarding the maintenance of individual yards 4vithin the community These maintenanca and management guidelines are meant to promote an a?tracti, ;e neignbonccod that preserves the health of adjacent waterways and environmental features. 2.1 General Requirements 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 chemical lawn products must register with the Homeowners Association 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. Agenda Item No. 8E November 28, 2006 Page 247 of 257 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 waterbome 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 stormwater lakes or ponds. 2.2 Nutrient Management Program Management and application of nutrients and fertilizers in the (Project Name) 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% phosphatelphosphorus (P205) 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% phosphatelphosphorus (P205) per guaranteed 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 (P,05) per guaranteed analysis label shall not be applied thorough an irrigation system within 10 feet of the edge of wafer or within 10 feet of a drainage facility. F. Liquid fertilizers containing in excess of 2% phcsphate /phosphorus (?x_015) per guaranteed analysis label shall not be applied through nigh or medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully s 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 man.-ier 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. Agenda Item No. 8E November 28. 2006 Page 248 of 257 The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA -NRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA - approved D. The half -life of products used shall not exceed seventy (70) days 3.0 Street Sweepinq This practice involves 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 waterbodies by removing particulate matter and associated chemical consrfitu.Onts. Although street cleaning operations. are frequently conducted primarily for aesthetic purposes, the primary objective of the street sweeping program for the (Project Name) is to improve the quality of stormwater runoff generated from impervious traffic areas. Street sweeping activities can be particularly effective during 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 the (Project Name) at a minimum frequency of one event every other month. A licensed vendor using a vacuum -type sweeping device will perform a!I street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will be the resp'onisibility of t {ie street sweeping vefidor. 4.0 Solid Waste Manacaement in aeneral, solid waste management involves issues related to the management and handling of urban refuse, litter and leaVt's that ,viii minimize the impact of file C:'rl5ilt 1 °ntS as water poilutan's. 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 water 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. EXHIBIT ) Z_ Agenda Item No. SE November 28, 2006 Page 249 of 257 5.0 Stormwater Management and Treatment System The stormwater management system for the (Project Name) 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 silo slope stabilization and inspect for signs of excessive seepage that may indicate areas of excessive groundwater flow and possible subsurface channeling. C. Physically evaluate each of the lakes and canals for evidence of excessive sedimer-it 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, iisting 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. 1EXHIBIT V2 Agenda Item Nlo. 8E November 28, 2000 Page 250 of 257 5.3 Swales and Grassed Water Storage Areas 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, swaiesz_nay 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 could 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 !Contaci the SFW/VD Resource Como /iance staff if you are unsure cr need ciarification.) Be sure to dispose of all removed material properly so it won't affect any other water storage or conveyance system, envirr-)nmentai area, or another owner's proper-t;., 5.5 Outfall Structure (also called the Discharged Control Structure or Weir) The outfall structure shou�d be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or �,egetation 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 regularly 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 stabilization. Worn down berms - especially if used by all- terrain vehicles or equestrian traffic — and rainfall — created washouts should be immediately repaired, compacted and re- vegetated. � y Agenda Item No. 8E November 28, 2006 Page 251 of 257 6.0 Water Quality Testing To ensure proper operation of the overall treatment system, monitoring will be performed at one outfall (SW -1) from the (Project Name) 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 (August/September). 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 made a part of hereof. XN 181T �z. Agenda Item No. 8E CONSTRUCTION POLLUTION PREVENTION PLANJovember 28.2006 for Page 252 of 257 SITE .DESCRlP,YION , Project Name and Owner Name and Location: (Latitude, Address: Longitude, or Address) Description: (Purpose and Types of Soil Disturbing Activities Construction in this project will generally consist of site clearing, lake excavation, and construction of roadways, utility infrastructure, golf course, and multi -use vertical construction. Soil disturbing activities will include: clearing and grubbing, installing a stabilized construction ent,arce, permeter berming and other erosion and sediment controls; grading: excavation for the storm water management lake, storm sewer, utilities, and:building foundations; construction of curb and gutter, road, and parking areas; and preparation for final planting, sodding, seeding and muichin . Runoff Coefficient: Site Area: ) Sequence of Major Activities. The order of activities will be as follows: 1. Installation of stabilized construction entrance. 9. Complete grading, subgrade and base scurse constructi^n. 1. Partial clearing and grubbing 9 Complete final paving. 1. Install perimeter berms) or sit; fences with stray✓ bale 9. Complete landscape grading and install permanent seeding barrier(s) adjacent to wetland areas and ol,ntincs ue cieang and grading ;. Contin n IJ A nen al' construction 2ctivi'v is comp -,- and the site is 1 110nstrJchCr stn,- ' w?,er ma-ace „'e7`. noe i poran =_,,^ ce rrs si w bale s ao zeC e v 1 Stockpile excavated soil. Stabili.e cen'�ded areas and stocpiles ,,vii ^n. 2, da, - of Uarriers anc Liter f,.nces 3:Id � ­_-seed _ary arna -- z heir ��.ova',. # last construction aciiviiy it it a: area. Install utilities, storm e °w r, curd and , utter Name of Receiving bAJaters CONTROLS Erosior and Sediment Controls Stabilization Practices Temporary Stabilization: Top soil stock piles and disturbed portions of the site where construction activity temporarily cease for at least 21 days will be stabilized with temporary seed and mulch no later than 14 days from the last construction activity in that area The seed shall be Bahia, millet, rye, or other fast - growing grasses. Prior to seeding. fertilizer or agricultural limestone shall be applied to each area tc be temporarily stabilized. After seeding. each area shall be mulched with the mulch disked into place. Areas of the site which will oe paved will be temporarily stabilized by appiying limerock subgrade until bituminous pavement can be applied. Permanent Stabilization: Disturbed portions of the site, where construction activities permanently cease, shall be stabilized with sod, seed and mulch, landscaping, and/or other equivalent stabilization measure• (e g., rip -rap, geotextiles) no later than 14 days after the date of the last construction activity. The sod shall typically be Ficratarn or Bahia sod. Prior to seeding, fertilizer or agricultural limestone shall be applied to each area to be temporarily stabilized After seeding, each area shall be mulched with the mulch disked into place. 1 J” Agenda Item No. SE November 28, 2006 Paoe 253 of 257 ddNTROLS (Conftinued) Structural Practices Silt Fence / Straw Bale Barrier - will be constructed along those areas of the project that border adjacent wetlands. At a minimum the silt Fence and/or straw bale barrier will be placed along all wetland buffers and all Corps of Engineers jurisdictional wetianc boundaries. Straw Bale Drop Inlet Sediment Filter - will be placed around all constructed storm drain inlets immediately upon completion of construction and shall remain in -place until the contributing drainage area is stabilized. Alternatively, grate inlets can be coverer with filter fabric material until stabilization. Storm Water Management The project will utilize a system of lakes to provide the required water quality treatment and attenuation. Discharges from the wat management system will be regulated by a series of water control structures. These control structures will be used to maintain wat levels in the detention facilities that will maintain or restore the hydroperiod in the wetlands and flowways. The water control structure will also be used to restrict the discharges from the project as described above. Dry pre - treatment will be provided for the golf court maintenance facilities and commercial parking lot runoff prior to discharge into the lake system. Spreader swales will .be used at appropriate locations to disperse flow and dissipate energy of runoff into wetlands. Spreader swales also be used at appropriate locations to disperse flows discharged from the water management system into receiving flowway Spreader swales will be heavily planted with native vegetation to help buffer the transition from the manmade lakes to the natur systems. DISCHARGE RATES OTHER CONTROLS Waste disposal: Waste Materials: All waste materials will be collected and stored in a trash dumpster which will meet all local and State solid waste management r_gula: ions All trash and construct:;-in debris from the site wili be depcs led in this dumoster Tie dumpste will be emptied 2s dUE' to ;,IS-? ?'lrV; O' Stet= and f0'.-,al ' °gl_!ia +ii7r :, N11Ih tF?a trash d'spcsed of at tile, 3pprccn =`e larrtfili c, :, �r3ti'?il iVC CJnSir'JCSIOn vvasie ^aier'a!5 Mli oe bl:fi8d Qn51te. All per5 reel �,uell be Instructed regarding ti,c _-orrect procedure for was`a disposal. Not :c_s stating these pra�6ras well I.e posted in the ccnstruaicn office trailer. H,37?rdoUs V.135te: All h czardous A'asi2 I. 2leridl5 a Ol oe dls^Osed ,_f in the rnanr -r specified by local or State regulation or by the manufacturer. S!te perscnref ,-riu be instructed in these practices -- torn "N;)sta All _ariitaar,, Aia5te will be ccliected from t: "e pc�tabls writs by a licensed, City of FGd Myers sanitarV 'N35te management ccnt,Rctc,-, as regwred by lccai -- ;atr r•, _ Offsite Vehlcie Tracking: A stabilized construction entrance has been provided to help reduce vehicle tracking of sediments. As they are completed, paved streets will be swept as needed to remove any excess muck, dirt, or rock tracked from the site. Dump trucks hauiing material from the construction site will be covered with a tarpaulin. TIMING OF CONTROLS /MEASURES Installation of hay bail / silt fence barriers (around wetlands) and stabilized construction entrance will be constructed prior to extensive clearing or grading of any other portions of the site. Areas where construction activity temporarily ceases for more than 21 days will be stabilized with a temporary seed and mulch within 14 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent sod, seed and mulch, landscaping, and /or other equivalent stabilization measures (e.g., rip -rap, geotextiles). After the entire site is stabilized, the silt fence / straw bale barriers can be removed. CERTIFICATION OF COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REGULATIONS The storm water pollution prevention plan reflects the United States Environmental Protection Agency and the South Florida Water Management District (SFWWD) requirements for storm wafer management and erosion and sediment control, as established in the Chapter 40E -4 FAC and Chapter 373 FS. 3, TS:COA. 315'7 ,er JP. JEvANS EXHIBIT 13:1 Agenda Item No. 8E November 28, 2006 L?­ ')CA of 7�7 EXHIM-1 f 3 1 31192004. 316 %1 vel 0". 1E'ikNj c_e 0312 :-'22-P00 ECJR.'508 MAINTEN�+i11 E11NSPECTION PROCEDURES Erosion and Sediment Control Inspection and Maintenance Practices These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. All control measures will be inspected at least once each week and following any storm event of 0.5 inches or greater. All measures will be maintained in good working order; if a repair is necessary, it shall be corrected as soon as possible, but in no case later than 7 days after the inspection. Built up sediment will be removed from silt fence when it has reached one -half the height of the fence. Silt fence will be inspected for depth of sediment, tears, to see if the fabric is securely attached to the fence posts, and to see that the fence posts are firmly in the ground. Temporary seeding and permanent sodding and planting will be inspected for bare spots, washouts, and healthy growth. • + A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is attached. • The Owner will appoint one individual who will be responsible for inspections, maintenance and repair activities, and for- completing the inspection and maintenance reports. Personnel selected for inspection and maintenance responsibilities will receive training from the site superintendent. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. Non -Storm Water Discharge It is expected that the following non -storm water discharges will occur from the site during the construction period Water from water line flushings. Pavement wash waters (when no spills or leaks of toxic or hazardous materials have occurred). e Uncontaminated groundwater (from dewatering excavation). Ail per- storm w3 ar bischa' ^aS will be directed tc the storm v ater management facilities prior to dischama. INVENTORY FOR POLLUTION PREVENTION PLAN Tne mater ais or s.ibstances listed belDvv are expected to be present :)nsite during constructicn Concrete + Fertilizers Deterg r.t_ Petroleum Based Prcducts Paints (enamel and latex) Cleaning Solvents Metal Stucs + Wood Asghalt + Masonry SiO:ck Roofing Shingles + Clay I Y or concrete bricks EXHIM-1 f 3 1 31192004. 316 %1 vel 0". 1E'ikNj c_e 0312 :-'22-P00 ECJR.'508 Agenda Item No. 8E November 28, 2006 P,4m= 5r_) of 957 -N 10 Material Management Practices The following are the materials management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekeeping: The following good housekeeping practices will be followed onsite during the construction project: An effort will be made to store only enough product required to do the job. All materials stored onsite will be stored in a neat, orderly manner in their appropriate containers, and if possible, under a roof or other enclosure. Products will be kept in their original containers with the original manufacturer's label. Substances will not be mixed with one another unless recommended by the manufacturer. Whenever possible.. all of a product will be used up before disposing of the container. Manufacturers' recommendations for proper use and disposal will be followed. The site superintendent will inspect to ensure proper use and disposal of materials onsite. Hazardous Products: These practices are used to reduce the risks associated with hazardous materials: Products will be kept in original containers unless they are not resealable. Original labels and material safety data will be retained: they contain important product information. 6 If surplus product must be disposed of, manufacturers' or local and State recommended methods for proper disposal will be followed. Product Specific Practices The following produce specific practices will be followed onsite:. Petroleum Products: i All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which will be clearly labeled. Any asphalt substances usa�� nsite &di be applied in accordance with the manufacturer's recommendations and standard construction practices. Fertilizers: Fertilizers will be applied only in the minimum amounts recommended by the manufacturer. Once @~plied fertilizer +rill! be a ^rke Into the soli to limit exposure to st, arm water. Storage will be in a covered shed. The contents of 3n partiai(y 'ised oa gs oI will be tran:sferrcd to a sealable clastic bin to avoid spills. Paints: All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer system but will be properly disposed of according to manufacturers' instructions andfor state and local regulations. EXHIBIT 3n 94006. 31911 Ver. 01-- _-5VANS —1 [3011- JC2 "CM ECL1R- 1509 Agenda Item loo. 8E November 28. 2006 SPIEL PR.EUENTION (CaC>tmued) Spill Control Practices In addition to the good housekeeping and material management practices discussed in the previous sections of this plan, the following practices will be followed for spill prevention and cleanup. Manufacturers' recommended methods for spill cleanup will be clearly posted and site personnel will be made aware of the procedures and the location of the information and cleanup supplies. Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite. Equipment and materials will include --but not be limited to- -rags, gloves, goggles, kitty litter, sand, and plastic and metal trash containers specifically for this purpose. All spills will be cleaned up as soon as possible after discovery. The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with a hazardous substance. spills of toxic or hazardous material will be reported to the appropriate state or local government agency, regardless of trip, size. - 4 The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring and how to clean up the spill If there is another one. A description of the spill, what caused it, and the cleanup measures will also be included. a The Contractor's site superintendent will be responsible for the day -to-day site operations and will be the spill prevention and cleanup coordinator. He will designate at least two other site personnel who will receive spill prevention and cleanup training. T~ese individuals will each become responsible for a particular phase of prevention and cleanup. The names of responsible spill personnel will be posted in the material storage area and in the office trailer onsite. EXHIBIT 13, H 3,13.2904. 319'x, Vv 0V-JEVANS _i October 21, 2006 Melissa Zone, Principal Planner Collier County Government Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 Dear Ms. Zone: Agenda Item No. 8E November 28, 2006 Page 257 of 257 On Thursday November 2, 2006 at 8:30 a.m. the Collier County Planning Commission will meet for a public hearing regarding Petition: PUDZ -A- 2006 -AR -9021. The Collier County 'Transportation Division is requesting a PUD to PUD Rezone to amend 99.3 acres from the Club Estates PUD to LASIP Conservation Area Community Facilities Planned Unit Development (CFPUD), Per conversations with Fred Reischl, AICP, of Agnoli Barber & Brundage and other County officials, the County intends to build a low impact park on the Eastern half of the property and leave the Western half alone. This land would be used for these purposes in perpetuity and would be included in the LASIP Conservation Area. All exotic vegetation would be removed from the acreage. The Community of Naples Lakes Country Club agrees with the new zoning and allowing a park to be built on this property but wishes the County to make these considerations for the new park. 1. Strict hours of operation for the park with no one allowed at the park from dusk to dawn. 2. Limited supervision of the park by County staff. 3. A Security Gate that would be locked when the park is closed. We appreciate your consideration in these matters. Sim ®rely . Ted Beisler General Maliager CC: Collier County Planning Commission Board of County Commissioners 4784 Inverness Club Drive - Naples, FL 34112 Ph: (239) 732 -6700 - Fox (239) 732 -6402 - Pro Shop (239) 732 -1011 Agenda Item No. 8F November 28, 2006 Page 1 of 23 EXECUTIVE SUMMARY Petition: PUDA- 2006 -AR -9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3± acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake - Hammock Road (CR -864), in Section 10, Township 50 South, Range 26 East, Collier County, Florida. Companion to PUDZ -A- 2006 -AR -9021 OBJECTIVE: The petitioner is requesting an amendment from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The purpose of the PUD Amendment is to reflect changes that resulted from the sale of a portion of The Club Estates PUD to be utilized as a conservation area for Lely Area Storm Water Management (LASIP) Community Facility Planned Unit Development (CFPUD) the companion item to this petition. The amendment request is to remove ninety -nine (99.3) acres from The Club Estates PUD, reduce the permitted dwelling units from forty -nine (49) to twenty -eight (28), change the name of the PUD, and remove a recreational tract and a common trash collection area and modify the Master Plan to reflect the changes. CONSIDERATIONS: The proposed petition intends to remove the southerly 99.3 acres from the PUD as well as reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28) residential units. Additionally, the petitioner proposes to change the name from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The petitioner is also proposing to remove a recreational "Tract T" of The Club Estates Master Plan and remove "Tract T1" which was to be used for a common refuse collection site but is not being utilized since the residence is individually served by the local service provider. The remaining 155± acre subject site has been platted along with an associated perimeter road; utilities and drainage improvements have been completed. The twenty -eight single- family lots have been cleared and a number of the lots are under construction with some homes built. The proposed amendment from PUD to RPUD will not change the residential land use and therefore will remain consistent with the GMP and LDC. This petition will not add additional density and the proposed amendment is compatible with the development in the vicinity. Existing and authorized land uses in the vicinity of PUDA- 2006 -AR -9576 Homes of Islandia Pa,e 1 of 5 Agenda Item No. 8r November 28, 2006 Page 2 of 23 the site are single - family and multi- family residential and the uses immediately adjacent to the site are single- family residential. The proposed Community Facilities PUD known as LASIP CFPUD will be utilized as a passive park for the residents of Collier County. The future use of the subject property 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 Naples National Golf Club, zoned PUD; south of the subject property is Naples Lakes Country Club, zoned PUD, approved for 731 residential units; east of the subject property is vacant, zoned Agriculture (A) and bordering the subject property on the west is Naples Heritage Golf and Country Club, zoned PUD and was approved for 799 residential units. Growth Management Plan Impact (GMP): Future Land Use Element: The subject property is within the Urban Residential Sub - District, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Density Rating allows 4 dwelling units per acre for this site, which is greater than the 0.18 units per acre density sought by the amendment. Based on the above analysis, the proposed petition may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. The RPUD does not add any new density or increase project traffic on the County roadway network. ENVIRONMENTAL ISSUES: Environmental staff has reviewed the petition to ensure compliance with the environmental regulations and found this amendment consistent with the LDC and GMP. ENVIRONMENTAL ADVISORY COUNCIL (EAC): This petition did not meet any thresholds that required a review by the Environmental Advisory Council (EAC) because the land had been previously disturbed. FISCAL IMPACT: The PUD Amendment 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 (BCC) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 10.02.13 and 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: PUDA- 2006 -AR -9576 Homes of Islandia Page 2 of 5 Agenda Item No. 8F Novernber 28, 200E Page 3 of 23 • 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 proposed amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by residential and the proposed project is also residential. Findings: The proposed change decreases density but keeps the land use as residential. The petition will be in compliance with all county regulations; therefore the project is suitable for the area. • 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: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None. Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Homes of Islandia RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. • 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: None. Findings: Based on the staff's review the proposed change would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) and the Land Development Code (LDC). Since the current PUD is approved for forty - nine (49) residential units and the requested action is to lower the density to twenty - eight (28) dwelling units, the goals and objective of the GMP will remain. • Whether changed or changing conditions make the passage of the proposed amendment necessary. PUDA- 2006 -AR -9576 Homes of Islandia Page 3 of 5 Agenda Item No. 3r November 23, 2006 Page 4 of 23 Pro: The request is reasonable because it does not change the land use which continues to be in harmony with the surrounding area. Con: The proposed rezone amendment is not obligatory at this location. Findings: The rezone amendment is necessary because the project supports the LASIP CFPUD by removing a portion of their land in order to increase the preservation within the neighboring area. • 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 deterniine if the new development will have drainage problems until the review of the development order. Findings: The project is a companion item to the LASIP CFPUD which is being proposed to alleviate drainage problems throughout the Lely Area Stormwater district. COLLIER COUNTY PLANNING COMMISSION (CCPC): The Collier County Planning Commission (CCPC) reviewed this petition at the regular meeting on November 2, 2006. The CCPC recommended approval of the PUDA -2006- AR -9576 by a vote of 8 -0. The motion included the following stipulations: 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project (LASIP). 3. Provide the County with an affidavit that confirms the Homeowners Association is part of the Amendment application. 4. Correct the language in the RPUD document for redundancy. 5. Provide the Board of County Commissioners a current Warranty Deed. It should be noted that the applicant opposes the recommendation number 2 made by the CCPC and as a result is planning to coordinate a meeting with county engineers to resolve the issues. The results will be presented verbally by the applicant at the BCC hearing. The petitioner has agreed to provide the affidavit of the Homeowners Association to be part of the Amendment application and provide current warranty deeds. The primary reason the applicant did not agree to number 2 was due to the applicant's need to revise the South Florida Water Management District (SFWMD) permit to comply with the Lely Area Stormwater Improvement Project (LASIP). The CCPC based their recommendation on staff s condition that the RPUD comply with the water management facilities and permits of the new regional weir proposed and permitted for LASIP. The applicant claims that the project has been permitted by SFWMD and that they don't intend PUDA- 2006 -AR -9576 Homes of Islandia Page 4 of 5 Agenda stern No. 8F November 28, 2006 Page 5 oil 23 to alter the landscape to meet the recommendation. In Section VI Development Commitments of The Club Estates PUD document, as well as in Section VI Development Commitments of the revised RPUD document, it states in 6.2 that "all facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable state and local laws, codes, and regulations applicable to this RPUD." In the same section under 6.7 Water Management "development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. The SFWMD ERP Permit" which means if the District determines the permit needs to be modified to reflect the new regional weir for LASIP, the developer or elective of the RPUD shall comply. The RPUD Statement of Compliance also affirms the development will be in compliance with the goals, objectives and policies of Collier County as set forth in the GMP, as well as statement 5 which declares the project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub - Element of the Public Facilities Element. STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve petition PUDA - 2006 -AR -9576 Homes of Islandia RPUD with the CCPC's stipulations. PREPARED BY: Melissa Zone, Principal Planner Department of Zoning & Land Development Review PUDA- 2006 -AR -9576 Homes of Islandia Pa,,e 5 of 5 Agenda Item No. BF November 28, 2005 Page 6 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 3F Item Summary: This item to be heard tollowind Companion Item PilDZ-F: 2006_AR 9921, hem eE. This item requires that ali participants be sworn in and ex pane disclosure be provided by Commission members Petition PUDA- 2306 -AR -9576 The Club Estates II. LLC, represented by Michael Fernandez_. AICP, of Planning Development incorporated . requesting a PUD Amendment to change the Club Estates Planned Unit Deveiopment;PUD) to Homes of Islandla Residential Planned Unit Develoornent (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 26 change the name and remove a recreation tract and a common trash collection area as requirements The subleot pronerty is 155.3 acres w!th a proposed density of 0 18 units per acre, and is locatec on the west siee of Collier Boulevard 'C R. 9c11 }, app'oximately 1 mile north of Rattlesnake - Hammock i2oad, in Section 10. Township 50 Solfn, Range 26 East, Colher County, Florida- (Companion to PUDZ -A- 2006 -AR :021 ) Meeting Date: 1 V2812006 9.00 03 AM Prepared By Melissa Zone Principal Planner Date Community Development & Environmental Services Zoning & Land Development Review 1115!200610:06:03 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 11/1512006 10:17 AM Approved By Ray Bellows Chief Planner Date Community Development & Environmental Services Zoning & Land Development Review 1 111 512006 11:13 AM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Environmental Services Zonmc & Land Development Review 11115;2006 1244 PM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Adm 1, 11!15;X05 4.:23 PM Approved By Community Devetopment & ,loseph t:. Schmitt Data: Environmental Se rvrces A dmulstrafot Community Development& Camoi unity Development& Emrironmental 6erv'mes environmental Services Admin. 1 PI512C0e Q:11 PM Approved By Donald L Scott Tr.-sponation Plarr rdng Director Gate Transportation Sources Transportation Planning 1 1 1 16.'2006 7:20 A rte Approved By Marjorie M. Student Stirling Assistant County Attorney Date County Attorney : oumy ,Attorney Office 11;161200f 11:45 AM .Approved By OMB Coordinator A ppiicat'ons Analyst Date Administrative Services In`onna.ian Tectlaor ^crY 1 ill F>!'200e 12:56 1M Approved By MI.- isackson. Eudget Analyst Dale County Manaoer's once Office of 6`anagement & Budget 11i1 £:2006 2:52 PPS Approved By James V. Mudd County Ma,ager Date 5oard of County Commissioners Coonty Manager's O`fice - 111171200£ 3:49 P1'. LL co co co ON O Z rd C`J CJ O O in N � 0,0 3wmm i CL 0 Z Z O N e� � h Q O i �Irs fig _ g $� awnnu�rm� ell� � Arxatw isv> � g B juouvlirra� s'Et� 13— �� I6 IL '�` OWAR-n011 vtl1 dins f -- -v-- -- V -- - -- - ----- - -- di a✓tm ar a .uf.•nm t gE VIE i CL 0 Z Z O N Agenda Item No. 8F November 28, 2006 Page 8 of 23 ORDINANCE NO. 06- AN ORDrN1ANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 -41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE CLU13 ESTATES PLANNED UNIT DI3VELOPMBNT (PUD) TO IIOMES OF ISLANDIA RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) BY REMOVING 99.3 ACRES FROM TIME CLUB ESTATES PUD, REDUCING THE NUMBER OF ALLOWABLE DWELLING UNITS FROM 49 TO 28, REMOVING A RECREATION 'TRACT AND THE REQUIREMF..NT FOR A COMMON TRASH COLLECTION AREA, TI-IE SUBJECT PROPERTY CONSISTS OF 155.3± ACRES LOCATED WEST OF COLLIER BOULEVARD (C.R. 951), APPROXIMATELY 1 MILE NORTH OF RA'ITLESNAI(F HAMMOCK ROAD (C.R. 864)1N SECTION 10 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BY PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99 -31, TI -iE FORMER CLUB ESTATES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael Fernandez, AICP, of Plauning Development Inc., reProsenting The Club Estates II, Petitioned the Board of County Commissioners to change the zoning classification Df the herein descriled ical property. NOW, THEREFORE, BE I`1' ORDAINTED BY THE BOARD OF COUNTY COMMISSIONERS 01 COLLIER COUNTY, FLORIDA, that: SECTION ONi3: The zoning classification of the herein described meal property located in Section 10, 'I'ownshlp 50 South, Range 26 East, Collier County, Florida, is changed from the Club Estates Planned Unit Developmcnt (PUD) to Homes of Islanctia Residential Planned Llilit Development (RPUD), in accorclauce with the PUD Document, attached hereto as Exhibit which is incorporated herein and by refeE•ence made part hercof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04 -11, as amended, the Collier County Land Development Code, islare hereby amcuded accordingly. SECTION TWO., Ordinance Number 99 -31, kIlOwn as the Club Estates PUD, adopted on Mlay 11, 1999 by the Boa:-d of County ConnIIissione:•s of Collier County, is hereby repealed i!1 its entirety. Page I of 2 Agenda Item No. 8F November 28, 2006 Page 9 of 23 SECTION MILEE; This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super - majority vote of the Boarcl of County Commissioners of Collier County, Florida, this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRANK HALAS, CHAIRMAN Approved tts to form and legal Sufficiency Marjorie M. Student - Stirling Assistant County Attorney PUDA•2006 -AR -95761 Z Page 2 of 2 Agenda Item No. 3F November 28, 2006 Page 10 of 23 Coder County STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: NOVEMBER 2, 2006 SUBJECT: PETITION PUDA- 2006 -AR -9576, HOMES OF ISLANDIA RPUD COMPANION ITEM: PETITION PUDZ -A- 2006 -AR -9021 LASIP OWNER: The Club Estates II, LLC 2033 Trade Center Way Naples, FL 34109 AGENT: Planning Development Incorporated Michael R. Fernandez, AICP 5133 Castello Drive Naples, FL 34103 REOUESTED ACTION: The petitioner is requesting a rezone from The Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The reason for this rezone is the County purchase a portion of the original PUD to be utilized as a conservation area for Lely Area Storm Water Management ( LASIP) Community Facility Planned Unit Development the companion item to this petition. GEOGRAPHIC LOCATION: The subject property is located on the west side of Collier Boulevard (CR -951), one mile north of Rattlesnake - Hammock Road in Section 10, Township 50 South, Range 26 East. Collier County, Florida. (See attached location map on the following page) PUDA- 2006 -AR -9576 Homes of Islandia RPUD Page 1 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8F November 28, 2006 Page 11 of 23 To be switched out for Location Map PURPOSE/DESCRIPTION OF PROJECT: PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 2 of 6 Agenda Item No. 8F November 28, 2006 12 of The proposed amendment intent is to remove the southerly 99± acres from the parcel as Page as 23 reduce the permitted number of residential units from forty -nine (49) to twenty -eight (28 residential units. The amendment as well will change the name from The Club Estates to Homes of Islandia. The amendment is also proposing to remove a recreational "Tract T" of The Club Estates which permitted tennis courts, shuffle board courts, swimming pools and other types of facilities intended for outdoor recreation. The last modification to remove a "Tract T1" which is designated for a common refuse collection site which is no longer required since the homes are individually served by the local service provider. The remaining 155± acre subject site has been platted along with associated perimeter road, utilities and drainage improvements have been completed. The twenty -eight single - family lots have been cleared and a number of the lots are under construction with some homes built. The proposed rezoning to RPUD will not change the residential land use and therefore will remain consistent with the GMP and LDC. SURROUNDING LAND USE AND ZONING: Subject Parcel: The Club Estates PUD, zoned PUD Surrounding- North: Naples National Golf Club, zoned PUD South: Naples Lakes Country Club (maximum 731 units), zoned PUD East: Vacant, zoned Agriculture (A) West: Naples Heritage Golf and Country Club (maximum 799 units), zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 3 of 6 Agenda Item 1J0. 8!= [�ovei,fber 28, 2006 Page 13 of 23 The subject property is within the Urban Residential Sub - District, as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Density Rating allows 4 dwelling units per acre (DU /A) for this site, greater than the .18 units per acre density sought by the amendment. Future Land Use Policy 5.4 requires new developments to be compatible with surrounding land uses. Comprehensive Planning leaves this determination to Zoning and Land Development Review as part of their review of the petition in its entirety. Base Density 4 DU /A Traffic Congestion Area - 1 DU /A No Bonus requested + 0 DU /A Eligible Density Proposed Density 4 DU /A .18 DU /A (28 DUs /155.3 acres) CONCLUSION: Based on the above analysis, the proposed amendment may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: Transportation Staff has reviewed the application and has found it consistent with the Transportation Element of the GMP. The RPUD does not add any new density or increase project traffic on the County roadway network and is a companion item for the LASIP CFPUD. The petition is being sponsored in part to establish the LASIP CFPUD and is removing a portion of the preservation and LASIP area from the PUD. In addition: The developer is responsible for any improvements to the roadway improvements as identified on the Collier Boulevard (CR -951) capital project that benefit this property. Also the developer is responsible for any noise abatement adjacent to the CR -951 capital project. Commons Area Conservation Area: The RPUD provides a public open -space component with the principal uses as lakes and green - space. No building or structures shall be erected in the designated "Tract O" Commons Area/Conservation Area on the Master Plan Exhibit A of the RPUD document. ANALYSIS: Staff completed a thorough evaluation of this land use petition and the criteria on which a favorable determination is based. The criteria are specifically noted in Section 10.02. 13 and Section 10.03.05 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC will also use the criteria as the basis for their recommendation. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a detennination of compliance, non - compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B ". Environmental Analysis: Environmental Services staff has reviewed the petition and notes that the applicant has complied with staff's recommendations and safeguards were addressed within the RPUD Document and for this reason the rezone is consistent with the LDC and GMP. Environmental Advisory Commission (EAC): The EAC did not hear this petition because the land has been previously disturbed. PUDA- 2006 -AR -9576 Homes of Islandia RPUD Pa-e 4 of 6 November 2, 2006 CCPC Hearing Agenda Item No. 8F November 28, 2006 Page 14 of 23 Utility Issues: The Utilities Department staff has reviewed the petition and notes the following: Not objection. This PUD Amendment does not impact the utilities provision; no additional utilities are required or proposed Zoning and Land Development Review Analysis: The proposed amendment to RPUD is consistent with the GMP and LDC since the surrounding property is residential land uses. Based on staff's review of the adjacent existing and anticipated land uses, the proposed RPUD is compatible. Currently, the surrounding neighborhood is zoned PUD and developed with single- family and multi- family homes. As depicted on the conceptual Master Plan (Exhibit "A" of the RPUD document) the only access to the project is from Collier Boulevard (CR -951). The surrounding neighborhood is zoned PUD and developed with single- family and multi - family homes, much of which is developed. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The agent for the applicant held the required NIM at the Edison College, Conference Room J -103, at 5:30 p.m. Approximately seven (7) people attended, including the applicant's team and county staff. The two residents who attended the meeting did not object to the petitioners request to amend the PUD. RECOMMENDATION: The Collier County Planning Commission (CCPC) forwards a recommendation of approval for petition PUDA - 2006 -AR -9576 Homes of Islandia RPUD with the following conditions. 1. Provide the 50' x 50' easement at the southwest corner of their project and subject to conservation preservation easement to multiple jurisdictional agencies. 2. Revise the South Florida Water Management District (SFWMD) pen-nit to comply with the Lely Area Stormwater Improvement Project (LASIP). The water management facilities and permits needs to comply with the 9.4' NGVD elevation of the new regional weir proposed and permitted in LASIP. LIST OF STAFF REPORT EXHIBITS: Exhibit "A" — Rezone Findings Exhibit "B" — PUD Findings PREPARED BY: PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 12006 CCPC Hearing Page 5 of 6 agenda item Igo. 8F November 23, 2006 Page 15 of 23 MELISSA ZONE, PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: JEFFREY A. KLATZKOW DAI E ASSISTANT COUNTY ATTORNEY 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 ADMINISTRATOR DATE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the November 28, 2006 Board of County Convilissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN PUDA- 2006 -AR -9576 Homes of Islandia RPUD Pane 6 of 6 November 2, 2006 CCPC Hearin EXHIBIT `B" FINDINGS FOR PUD PUDZ -A- 2006 -AR- 9021 Agenda item No. 8F November 28, 2006 Page 16 of 23 Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' 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 proposed rezone amendment is required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: Not applicable because this project is surrounded by residential and the proposed amendment is also residential. Findings: The proposed change decreases density but keeps the land use of residential. The petition will be compliance with all county regulations; therefore the project is suitable for the area. 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. Pro: The application has indicated that the project has evidence of unified control and a homeowners association will maintain common areas. Con: None Findings: Documents submitted with the Homes of Islandia RPUD application provide evidence of unified control. The RPUD 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: Staff has reviewed the petition and provided an analysis of the rezone amendment and found the proposed rezone is consistent with the Growth Management Plan (GMP). Con: None PUDA - 2006 -AR -9576 Homes of Islandia RPUD Pagel of 3 November 2, 2006 CCPC Hearing Agenda Item No. 8F November 28, 2006 Page 17 of 23 Findings: The subject petition has been found consistent with the goals, objectives and policies of the GMP. The staff report expounds in detail of how the project is deemed consistent with the GMP. 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: The proposed amendment is a boundary revision to The Club Estates PUD. The amendment also requests a change in the PUD name to Homes of Islandia. Majority of the buffering requirements have already been incorporated. Con: Since the majority of the property has been incorporated staff can not re- evaluate the project until another amendment application is submitted to the county. Findings: Staff analysis indicated that the petition is compatible, both internally and externally with the proposed uses and with the surrounding uses. 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 is consistent with the provisions of the Land Development Code (LDC) and the GMP. Con: None Findings: The ninety -eight (98) acres of Conservation area and lakes set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: The property is currently under development and has gone through coneur-ency. Con: None Findings: The proposed RPUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further Level of Service (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: The petition does not add density to the RPUD as a result the subject property will not increase traffic or add adverse impacts to other public facilities. PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Pare 2 of 3 Agenda Item No. 8F November 28, 2006 Page 18 of 23 Con: Not applicable because the area is being reduced in size and will not be required to assist in roadway improvements. Findings: Infrastructure is in place on the property and in the vicinity. 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: Staff has reviewed this petition for adequate public services and levels of service and found it is consistent with the Future Land Use Element (FLUE) land use designation and meets the regulations of the GMP. Con: None Findings: The criteria requires an evaluation of the extent to which development standards and deviations proposed for the Homes of Islandia RPUD will be required for the most similar zoning district. The RPUD development standards are similar to those residential standards. PUDA- 2006 -AR -9576 Homes of Islandia RPUD November 2, 2006 CCPC Hearing Page 3 of 3 Agenda item No. 8F November 28, 2006 REZONE FINDINGS Page 19 of 23 PETITION PUDA- 2006 -AR -9576 Homes of Islandia 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: None Findings: Based on the staff's review the proposed change would be in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) and the Land Development Code (LDC). Since the current PUD is approved for forty -nine (49) residential units and the requested action is to lower the density to twenty -eight (28) dwelling units the goals and objective of the GMP will remain. 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: None Findings: The decrease of density of residential units is deemed acceptable for this site because the amendment 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. Since the current PUD already provides adequate public facilities the amendment will not create an isolated district. Con: None Findings: The subject parcel is of sufficient size that it will not result in an isolated district because the proposed amendment 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 action will not change the subject site in relation to the nearby residential boundaries. PUD A- 2006 -AR -9 76 Homes of Islandia EXHIBIT "A" Page I of 5 Con: None Agenda Item No. 8F November 28, 2006 Page 20 of 23 Findings: The residential parcel boundaries are logically drawn and they are consistent with the Urban Residential Sub - District, as identified on the Future Land Use Map of the GMP. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The request reasonable because is does not change the land use which continue to be in harmony with the surrounding area. Con: The proposed rezone amendment is not obligatory at this location. Findings: The rezone amendment is necessary, because the project supports the LASIP CFPUD by removing a portion of their land in order to increase the preservation within the neighboring area. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: The proposed rezone amendment should not adversely influence living conditions in the neighborhood as the petition is consistent with existing uses and compatible with - surrounding residential land use. Con: None 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 amendment 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: None Findings: The Transportation Services Division has reviewed the proposed PUD and has recommended approval of the petition based upon the petition does not increase traffic on county roadways. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 2 of 5 8. 9. 10. 11. ,agenda Item No. 6F November 28. 2066 Whether the proposed change will create a drainage problem; Page 21 of 23 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 is a companion item to the LASIP CFPUD which is being proposed to alleviate drainage problems throughout the Lely Area Stormwater district. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: All development has to adhere to the LDC which ensures land -use designs that meet these goals. Con: None 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. Whether the proposed change will adversely affect property values in the adjacent area; Pro: The proposed change should not alter the property values nor should it decrease or overtax the load on public facilities. Con: None Findings: Property valuation is affected by a host of factors including zoning; however zoning by itself may or 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. `'Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro: The LDUs 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: None Findin (gs: The development of adjacent properties, in accordance with existing regmlations, will not be affected if this rezone amendment is approved. Page PUDA- 2006 -AR -976 Homes of Islandia EXHIBIT "A" Qe 3 of 5 Agenda Item No. 8F 12. Whether the proposed change will constitute a rant of special priNovember 28, 2006 g p vilegJ3a€@ Hof 23 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: None Findings: The proposed rezone complies with the land use designation of the Urban (Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the GMP, 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 rezone amendment conforms to the future land use element of the GMP because it will be used in accordance with the existing residential zoning. Con: None Findings: The property is currently a partially developed residential Planned Unit Development designation, which under the current zoning designation; the property could be developed with up to 49 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: None Findings: The proposed rezone amendment 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 proposed RPUD is consistent with the FLUM because it is in the Urban Residential Subdistrict. Con: None 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 petit inn. PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Page 4 of 5 Agenda Item No. 8F November 28, 2006 aq 16. The physical characteristics of the property and the degree of site alteratio rF , +RJ of 23 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: None Findings: While site conditions may restrict the location and square- footage of the homes 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. Page 5 of 5 PUDA- 2006 -AR -9576 Homes of Islandia EXHIBIT "A" Agenda Item No, 8G November 28, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an ordinance that establishes a process and procedure providing for exceptional benefits compensation for conveyance of and interest in Conservation Collier lands. OBJECTIVE: To have the Board of County Commissioners (Board) adopt an ordinance that establishes a public process and procedure for approving Other -use Dedications for Conservation Collier Program lands when such dedication is determined by the Board to be necessary to the public interest, where no viable or reasonable alternative exists, and which results in an exceptional benefit to the Conservation Collier Program (Program). CONSIDERATIONS: On November 5, 2002, the electors of Collier County passed a referendum to authorize an annual levy of an additional ad valorem tax not exceeding 0.25 mil for ten [ 10] years to fund the acquisition of environmentally sensitive lands for the protection of water resources, wildlife habitat, and public open space in perpetuity under the Program. Sales of lands to other entities for conservation was contemplated when Ordinance 2002 -63, known as the Conservation Collier Implementation Ordinance (Implementation Ordinance), was created. Section 6.1(f) of the Implementation Ordinance provides that "Any such sale or lease shall only be in accordance with the goals of this Program. " It continues to be important to protect acquired conservation lands. The public interest will still be served, under certain circumstances as identified in the proposed Ordinance, by allowing portions of lands acquired through the Conservation Collier Program to be dedicated to other public uses when such dedication results in an exceptional benefit to the Conservation Collier Program. For example, there may be a need for portions of Program Lands for road right -of -way or for wells that cannot be accommodated through "up- front" partnering with Transportation or Utilities if the need is not identified at the time of acquisition or it is far enough in the future that there is no funding set aside to meet it at the time of original Program purchase. Currently, such a transfer of Program lands is prohibited under the existing ordinance. The proposed Ordinance was adapted from a Palm Beach County ordinance addressing the same potential conflict and has been in use in Palm Beach County without legal challenge since 2003. Although the Implementation Ordinance could have been amended to include the text of the proposed ordinance, the County Attorney's Office believes that the exceptional benefits procedure would be less cumbersome to administer as a separate ordinance. Accordingly, if an exceptional benefit results from a sale of Program Lands, the sale would be allowed if the Program goals were met. The proposed ordinance defines the procedure by which such a determination can be made by the Board. The criteria contained in Section 3.06 A -F of the proposed Ordinance has been established to ensure that the transfer of Program lands occurs Agenda [tem fro. 8G November 28, 2006 Page 2 of 9 when extraordinary circumstances exist and the Program goals will be met. It is anticipated that the proposed ordinance will be used infrequently and only as a final resort. Section 3 of the proposed Ordinance provides for a process where a governmental entity may request an interest in Program Lands through a petition process. The process includes the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to evaluate the request and make a recommendation to the BCC. It also provides for information and analysis that must be submitted for review and consideration by the CCLAAC and the BCC. Upon reviewing the CCLAAC recommendation and the information submitted, the BCC will determine if the request meets the criteria in subsection 3.06 A -F in order to find that an exceptional benefit will result in the proposed sale of the Conservation Collier Land. The CCLAAC reviewed the draft Ordinance on October 9th, 2006 and by a unanimous vote recommended its approval. FISCAL IMPACT: The proposed Ordinance requires that something greater than the original monetary or environmental value is returned to the Program. Section 4 of the proposed Ordinance identifies the criteria for determining the compensation required. The entity seeking the lands will make an offer and the Board will determine if it is acceptable as long as it can be demonstrated that the criteria as set forth in the ordinance are met and the proposed compensation is above the original monetary or environmental value. As lands for road right - of -way and wells taken by condemnation involve substantial legal expense, it is anticipated that such acquisitions can still result in an overall savings for the County Department seeking the other use dedication. GROWTH MANAGEMENT IMPACT: This Ordinance supports the goals and policies identified in the Transportation (relating to constrained roadways) and Intergovermnental Coordination Elements of the Growth Management Plan. LEGAL CONSIDERATIONS: This proposed Ordinance has been reviewed and approved for sufficiency by the County Attorney's Office. RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance. Prepared by: Alexandra Sulecki, Senior Environmental Specialist, Environmental Services Department. Agenda Item No. SG November 28. 200 6 paoe ° of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: F(c Item Summary: Recommendation that the Board of Countv Cornmisslcners adopt an ordinance (hat establishes a process and procedure providing for exceptional benefits compensation for conveyance of air interest in Conservation Collier Lands. Meeting Date: 11/25/2006 9 00.00 %,M Prepared By Alexandra J. Sulecki Senior Environmental Specialist Date Community Development & Environmental Services Environmental Services 11/612006 4:00:30 PM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attomep County Attorney Office 111812006 2:05 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin, 11114.'2006 9:04 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 11114/2006 4:09 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 11115/2006 9:19 AM Approved By Constant: A. Jahnson Gperaticns Analyst Date _...v, Community Development & Community Development & Envircnmemal .Services Environmental Services Admin, 111'1512006 10:21 AM Approved By Wdiiam ❑. Lorenz. Jr., F1 E, Environmental SL Icon Director Date Community Development & cnvironrnemal Servic ^_s Environmcnta! Services 1 V15;200f 11:23 Aids Approved By Roy B. Anderson, P.E. Puhiic Utilities Engineering Director Cete Punhc Ublifies Public Utilifies Engineering 1111612606 1229 PM Approved By .lames W. DeLony Public Utilities Ndminh',t °tar Date i'unll- Jtiiities vl. Ai,, !!dirties Admlmstrabon 11?1511U0 2:05 PM Approved By - aseiln K. Schmitt Community DevM ornent & E.rrvironmentai Serv1oes Adrinstrator Dace Community Develooment & Community Development & Environmental Services Environmental Services Admin. 'L16;2005 3 :16 PM Approved By OWE Coordinaror Applications Analyst Date Admmmstrotive Services Informati -i Tec:inoiogy 1N1B12Gf1612 :8? ?fi Approved By F,9ark Isacksor. Budget AnaLS.t _,,32P Court °. Fier .GCr'r :)ff;cs _.ce of r cnaoeme:° & .t..;pet 1 6 2006 ,.42 P'It Approved By James V. Mudo County Manager Date -- Beare of County Cmrunlssionors County Manager's Dfricn_ 1111fi(Z0060:19 PlJ Agenda Item No.'8G November 28. 2006 Page 4 Df 9 ORDINANCE NO. 2006 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING AN EXCEPTIONAL BENEFITS PROCESS AND PROCEDURE, PROVIDING FOR A SHORT TITLE, INTENT, APPLICABILITY, AUTHORITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROTECTION OF THE CONSERVATION COLLIER LANDS; PROVIDING FOR EXCEPTIONAL BENEFITS COMPENSATION FOR ANY CONVEYANCE OF AN INTEREST IN CONSERVATION COLLIER LANDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Conservation Collier Ordinance 2002 -63 on December 3, 2002 pursuant to a referendum to acquire, protect, restore and manage environmentally sensitive lands in Collier County: and ZNTIEREAS, the Board of County Commissioners has acquired over 400 acres of land for long -term conservation using these funds; and WHL•RE-AS. the Board of County Commissioners has previously determined that the public interest is best served by these lands being preserved and managed as preserves or for conservation forever, and that the best means of ensuring permanent preservation is to provide multiple layers of protection for conservation lands through third party conservation easements. deed restrictions, and shared title; and WHEREAS, the Board of County Commissioners has determined that the public interest may be served in certain circumstances by allowing portions of lands acquired through the Conservation Collier Program (Program) to be dedicated to other public uses when such dedication results in an exceptional benefit to the Program; and WHEREAS, the Board of County Commissioners has determined that an exceptional benefit to the Program can only be ensured by requiring that all conveyances of an interest in Program Lands be offset by: 1) the acquisition and transfer of lands into the Program and the permanent preservation of higher quality environmentally sensitive lands, grcenways or open space or water resource lands of greater acreage or more suitable location than the interest in conservation lands conveyed, 2) payment. or 3) a combination thereof, and WHEREAS, the Board of County Commissioners has determined that it is desirable to establish a public process and procedure for approving Other -use Dedication(s) of Program Lands when such dedication(s) is necessary to the public interest and results in an exceptional benefit to the Program. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: Section 1. SHORT TITLE. INTENT. APPLICABILITY AUTHORITY: 1.01 This Ordinance shall be known as the `Conservation Collier Exceptional Benefits Ordinance." 1.02 It is the intent of this Ordinance to recognize that while the public interest is best served when the Program Lands as defined in subsection 2.01 are allowed to remain as conservation lands in nC_etuity the roihli`r interest play also be Served in pertain Y... r,....... ,, Y circumstances where portions of Program Lands, subject to Agenda Item No. 8G November 23, 2006 Page 5 of 9 —. existing grant restrictions or partnership agreements, are dedicated to other public uses thereby providing necessary public infrastructure in addition to an exceptional benefit to the Program. 1.03 It is the intent of this Ordinance to recognize that Other -use Dedications of portions of Program Lands that fail to result in an exceptional benefit to the Program as defined in subsection 2.04 are not in the public interest and shall be prohibited. 1.04 It is the intent of this Ordinance to provide a process and procedure whereby the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) can evaluate and make a recommendation at a publicly- noticed meeting to the Board of County Commissioners as to whether Other -use Dedications of portions of Conservation Collier Lands provide an exceptional benefit to the Program. 1.05 The provisions of this Ordinance apply to the Conservation Collier Lands as defined in subsection 2.01. 1.06 It is the intent of the Board of County Commissioners that this Ordinance be construed to ensure the long -term protection and preservation of Conservation Collier Lands through the application of the criteria contained herein. 1.07 This Ordinance is adopted under the authority of Chapter 125, Florida Statutes, The County Manager, or his designee, shall administer this Ordinance. Section 2. DEFINITION'S: 2.01 Program Lands are those lands acquired in whole or in part from funds obtained from the Conservation Collier Trust Fund as allowed by Ordinance No. 2002 -63, as amended, as well as lands donated to the Conservation Collier Program. 2.02 Dedications (Other -use Dedications) means; 1) a conveyance of fee simple interest of Program Lands or an easement interest in Program Lands to an entity other than Collier County or 2) a change of the primary use of the Program Lands from conservation and preservation to some other use which benefits the public so long as fee simple interest remains in favor of Collier County, 2.03 Interest in Program Lands means a fee simple interest, easement, right -of -way, or a formal declaration of a use not initially intended for the property acquired as conservation lands. Uses not initially intended include, but arc not limited to, utility systems and facilities and roadways. 2.04 Exceptional Benefit to the Program means that the proposed Other -use Dedications of portions of Conservation Collier Lands is consistent with the goals, objectives and policies of the program and is offset by the transfer into the Program of funds, land, or a combination thereof that results in a greater value or acreage for the Program. Section 3. PROTECTION OF THE CONSERVATION COLLIER LANDS: 3.01 A governmental entity, including the County acting through one of its departments, may request an Interest in Program Lands by submitting a written petition to the County Manager or his designee on behalf of the Board of County Commissioners. Agenda Item No. 8G November 28. '';06 °aae 6 of 9 3.02 The County Manager or his designee will bring the petition to the CCLAAC who will evaluate and determine in a public forum whether a potential Other -use Dedication of portions of Conservation Collier Lands provides an Exceptional Benefit to the Program prior to any disposition of Program Lands. 3.03 The Petition Form shall: A. State the public purpose for which the Other -use Dedication is being requested. B. Provide a history and discussion of the alternatives to requesting the specific interest in Program Lands and demonstrate with supporting documentation as to why other alternatives are not acceptable. C. Demonstrate with supporting documentation that the requested Other -use Dedications of portions of Program Lands takes the minimum acreage and, to the maximum extent possible. minimizes deleterious intrusion, preserves higher quality or acreage of lands than those sought if a land exchange is being offered, impacts the lowest quality habitat, and avoids habitat fragmentation, noise and light pollution that would adversely affect the adjacent remaining Program Lands. D. Demonstrate with supporting documentation a substantial public need for the particular interest in Program Lands requested, why there are no acceptable alternatives to meet the need, why the competing public use must occur at that location, and how the Other -use Dedications of portions of Program Lands will be offset to ensure an Exceptional Benefit to the Program. E. Demonstrate how the Other -use Dedications of portions of Program Lands will not adversely affect any State or Federally listed species. F. Demonstrate that the proposed compensation meets the goals and purposes of the Program and provides an Exceptional Benefit to the Program. (3. Include the current value of the land to be acquired as provided for in Section 4.02. 3.04 Prior to any action by the Board of County Commissioners regarding the Other -use Dedications of portions of Program Lands, the CCLAAC, or its successor(s), shall review and prepare findings and recommendations on the proposed compensation pursuant to Section 4 of this Ordinance to determine: 1) .whether am, substitute lands offered meet the criteria for acquisition under Ordinance 2002 -63, as amended, Section 10; 2) whether the substitute lands offered meet the purposes for which the affected Program Lands were initially acquired; and 3) whether the proposed compensation pursuant to Section 4 provides an Exceptional Benefit to the Program. The CCLAAC shall make its findings and reconmlendations no later than 90 calendar days after receipt of the petition by the County Manager or his designee. If the affected Program Lands are within municipal boundaries, the petition for conveyance of an interest in Program Lands shall be submitted for review' by that municipality. The municipality shall have 90 calendar days from receipt of the request by its mayor or manager to provide comments and recommendations to County Manager or his designee, who shall provide copies of the comments and recommendations received iiom CCLAAC and the applicable municipality to the Board of County Commissioners at the public hearing where the petition for Other -use Dedications of portions of Program Lands is being considered. Agenda Item No. �8G November 28, 2 06 Page 7 pf 9 3.05 If the CCLAAC has been disbanded, the Petition will proceed directly to the Board of County Commissioners and /or Mayor of any affected municipality to request approval. 3.06 To recommend approval of the petition, the CCLAAC must determine that: A. There is a substantial public need for the Other -use Dedications of portions of Program Lands; and B. There is no viable or reasonable alternative to meet the need other than the use of Program Lands; and C. That the requested Otber -use Dedications of portions of Program Lands is the minimum acreage necessary and, to the maximum extent possible, preserves higher quality or quantity lands than those sought if a land trade is being offered, impacts the lowest quality habitat, and avoids habitat fragmentation, noise, and light pollution to the adjacent remaining Program Lands; and D. That the proposed compensation meets the goals and purposes of the Program for acquisition and is sufficient to ensure that the proposed conveyance will result in an Exceptional Benefit to the Program; and E. That the proposed conveyance of an interest in and use of Program Lands does not adversely affect any State or Federally listed species; and F. That the findings in this subsection A. through E. are expressly set forth along with the written commitment providing for compensation. 3.07 if CCLAAC finds that the Petition fails to meet any of the requirements of Section 3.06 of this Ordinance, the CCLAAC shall recommend that the Board of County Commissioners disapprove the petition. 3.08 The Petition shall be brought to the Board of County Commissioners at a publicly- noticed meeting in order to review and consider the recommendation of the CCLAAC and to determine whether the criteria set forth in subsection 3.06, A -L of this Ordinance has been met. An affirmative finding as to each criterion is necessary for the Board of County Commissioners to approve any Petition. 3.09 An affirmative vote of four -fifths of the full membership of the Board of County Commissioners shall authorize an appropriate conveyance of an interest in, or easement over, or declaration of other public use, on lands held for the Program. Section 4. COMPENSATIO:ti FOR INTERESTS IN PROGRAM LANDS: 4.01 In order to ensure that the conveyance of an interest in Program Lands results in an Exceptional Benefit to the Program, the proposed conveyance must be offset by the acquisition and transfer into the Program of land or payment of funds that satisfies the definition of an Exceptional Benefit as stated in subsection 2.04 of this Ordinance. 4.02 The value of the land to be acquired as compensation for the use of Program Lands shall exceed the current value of the Program Lands proposed for other use. The current value of the interest in Program Lands shall be determined by the purchase policy as set forth in Section II of Resolution 2003 -195, and as superseded. If the net value of the land to be acquired as compensation for the use of Program Lands does not exceed the then current value of the Agenda Item No. 8G November 28, 2 06 Page 8 f 9 Program Lands proposed for other use, the difference shall be made up monetarily, and those funds shall be remitted to the Program. 4.03 Land or funds, or some combination of both, conveyed into the Program shall exceed 100% of the value of lands or interest in lands proposed for conveyance out of the Program. In valuing the interest of Program Lands, the value of any development rights originally purchased shall be included. 4.04 With exceptions as approved by the Board of County Commissioners, if less than five (5) acres remain as Program Lands; the entire parcel may be purchased. 4.05 Quality of habitat for land offered as compensation for Environmentally Sensitive Lands as defined in Section 5.6 of Ordinance. No. 2002 -63, as amended, also known as the Conservation Collier Ordinance, shall be determined by the rarity and diversity of native ecosystems, function of the habitat in terms of its ability to support wildlife, adjacency to or connectivity between exiting Program Lands, and the presence of State or Federally listed species. If the affected Program Lands are not Environmentally Sensitive Lands, as defined in Section 5.6 of Ordinance No. 2002 -63, as amended, the land offered for compensation pursuant to Section 4 of this Ordinance shall satisfy or exceed the purposes served by the conveyed Program Lands according to the acquisition criteria in Section 10 of Ordinance No. 2002 -63, as amended. 4.06 Compensation pursuant to this Section shall be provided at the time of Board approval of any Other -use Dedication or transfer of interest in Program Lands. 4.07 The party acquiring the interest in Program Lands shall be responsible for all associated costs, including but not limited to, costs of appraisals, environmental surveys, boundary surveyst documentary stamps, costs of recording, title commitments and title insurance. These costs are not deemed to be pan of the Lxceptional Benefit valuation. Section S. E ' MPTIONS: The following circumstances shall be exempt from the foregoing process as set forth in Sections 3 and 4 of this Ordinance. 5.01 Conveyance of an interest in Program Lands where the affected Program Lands will benefit by providing public access where there was previously no reasonable public access. 5.02 Conveyance of an interest in Program Lands at the time of, and as part of, the acquisition process is exempt from this Ordinance. 5.03 Conveyance of a conservation casement to a government or a non- profit conservation organization for the purpose of permanent preservation is exempt from this Ordinance. Section 6. CONFLICT AND SENT, R-ARILITY: In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phase, or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a i'�t; ,r d nd ndent rC`...Cn nd —A, h,,,ldin- shall not separate. affect the validity of the remainder portion. Agenda Item No. 8G November 28, 2006 Page 9 of 9 Section 7. INCLUSION IN THE CODE OF LAWS AND ORDINANCES: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word `ordinance" may be changed to "section," `article," or any other appropriate word. Section 8. EFFECTIVE DATE: The provisions of this Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of , 2006. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Bv: Deputy Clerk FRANK HALAS, Chairman Approved as to Form and Legal Sufficiency: Jennifer A. Belpedi Assistant County Attorney Agenda Item No. 8H November 28, 2006 Page 1 of 85 EXECUTIVE SUMMARY MUP- 2006 -AR- 10052: VK Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,607 square foot of commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property, consisting of ±1.59 acres, is located at 3470 Bayshore Drive on the west side of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) consider a request for approval of a Mixed Use Project (MUP), in accordance with Section 2.03.07.3.a. of the Land Development Code (LDC), and render a decision regarding the petition. CONSIDERATIONS: The petitioner requests approval of a Mixed Use Project (MUP) within the Bayshore Mixed Use District overlay. The subject site is currently zoned Multi - Family Sub - district (RMF- 6 -BMUD- R2) and Waterfront Sub - District (C- 4- BMUD -W). Section 2.03.07.I.3.a. of the Land Development Code (LDC) allows property owners within the Waterfront Sub - district (BMUD -W) to petition the Board of County Commissioners for approval of Mixed Use Project (MUP). As part of the MUP request, the BCC may also grant up to 12 dwelling units per acre, which are available for reallocation in the Bayshore /Gateway Triangle Overlay. However, the petitioner is not seeking additional dwelling units to the ones that are already allowed in the portion of the project with Multi- Family Sub - district zoning designation. The petitioner's request will allow development of a private marina that is intended to house 158 dry boat slips, 12 wet boat slips, and 2 residential dwelling units within the 1.59 acres of properties. As depicted on the conceptual site plan (see attached), the proposed project maintains the existing interconnectivity of the pedestrian pathways and street systems. Access is proposed from both Riverview and Lakeview Drive. Parking is proposed on the west side of the subject property, which is within the Accessory Parking Zone (APZ) designation area of the overlay. The BMUD overlay allows the lots adjacent to the Waterfront Sub - districts to be used as off street parking. As encouraged in the BMUD overlay, the proposed building is located near the streets, and is proposed to meet the architectural requirement of the "Old Florida" design style. Following BCC approval of the MUP and conceptual site plan, a Site Development Plan (SDP) is required to be submitted to the Zoning and Land Development Review Department for review of all applicable requirements of the LDC. THE ODYSSEY — TREVISO BAY MARINA, MUP- 2006 -AR -10052 EXECUTIVE SUMMARY Page 1 of 7 Agenda Item No. 8H November 28, 2006 Paae 2 of 85 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed -Use District, Urban Coastal Fringe Sub- district), is within the Bayshore /Gateway Triangle Redevelopment Overlay (B /GTRO), and is in the Coastal High Hazard Area, all as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the B /GTRO allows residential development, water - dependent uses - such as a marina, and mixed use development, and the Overlay contains various criteria (see below); this project is consistent with all applicable criteria. The Bayshore Mixed Use District zoning overlay was expanded and substantially revised as part of the 2005 Cycle 2 Land Development Code amendments; the project is consistent with, and further implements, the B /GIRO. Compliance with this zoning overlay is determined by the Zoning and Land Development Review Department. The Zoning and Land Development Review staff have found this MUP application to be consistent with the Land Development Code overlay criteria. However, the marina use is only allowed on the RMF -6 zoned portion of the site when incorporated in a Mixed Use Project (MUP). Otherwise, the marina use would not be allowed on the RMF -6 lots because the uses on the lots would be limited to those uses allowed by that zoning district, principally residential uses (reference LDC Section 2.03.07.L5.b.). Based upon the above analysis, staff concludes the proposed density and uses for the subject site may be deemed consistent with the Future Land Use Element. 1 �� B7 GU - r �3 • T f F' L F CANAL � s -- COC1O K E LI— w l RI'rERVIE'Ve DR., SITE I cn < LL fflf LOCATION G � c�ruL at v .R.EC A':Eh;U. WEI T i I I CRICKET I. =r:E PD17AL .OPTS. CON DC I � o B RFETI cF[,07 B'RFETI :FtWIF Excerpt from the Zoning Map THE ODYSSEY - TREVISO BAY MARINA, MUP- 2006 -AR -10052 EXECUTIVE SUMMARY Page 2 of 7 Agenda item No. SH November 28, 2006 Page 3 of 85 Aerial Consistency with the Collier County Land Development Code (LDC): Section 2.03.07.I.3. of the Land Development Code requires that the proposed development be consistent with all the provisions of the Land Development Code and that the land uses be limited to those allowed in C -I through C -3 zoning districts. The proposed marina is an allowed use in the C -3 zoning district and in the Waterfront sub - district of the BMUD overlay. The proposed project will allow development of a mixed use project within the Coastal High Hazard Area (CHHA) and shall comply with the standards for mixed use development set forth in the Bayshore Mixed Use District (BMUD) zoning overlay. The approval of the conceptual site plan shall not mean that the project has received final approval, it shall only indicate that the project is in substantial compliance with the criteria outlined in Section 10.03.05.G.6.of the LDC, and may be approved subject to further review, THE ODYSSEY — TREVISO BAY MARINA, MUP- 2006 -AR -10052 EXECUTIVE SUMMARY Page 3 of 7 Agenda Item No. SH November 28, 2006 Page 4 of 85 changes and modifications as deemed necessary to comply with the requirements of the LDC through an application of a Site Development Plan (SDP) to the Department of Zoning and Land Development Review. LEGAL CONSIDERATIONS• Staff completed a comprehensive evaluation of this petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are reflected in Section 10.03.05.G.6. of the LDC. A summary of the listed criteria is noted below: a. No less than sixty percent of all commercial uses within a Mixed Use Project shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. Pro: The Mixed Use Project proposes more than sixty percent of commercial uses that would serve the needs of the subject development. Additionally, the redevelopment of the existing marina site may favorably impact the surrounding residential neighborhoods through the proposed new building, which is proposed to screen the boat slips from view from adjacent properties, new landscape buffers, and uninterrupted sidewalk along Bayshore Drive. Con: The proposed MUP is a private marina; which is adjacent to a residential neighborhood. Findings: The proposed development substantially meets criteria "a ". b. No more than 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to, the construction of commercial uses so as to insure actual development of a mixed use project. Pro: The conceptual site plan does not propose gated roadways. Con: There is no indication in the conceptual site plan or application fonn to construct the residential units concurrently or prior to the commercial uses. Findings: The proposed development partly meets criteria "b ". e. Mixed Use Projects shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses and external connections between adjoining neighborhoods and land uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. THE ODYSSEY — TREVISO BAY MARINA, MUP- 2006 -AR -10052 EXECUTIVE SUMMARY Page 4 of 7 Agenda Item No. 8H November 28, 2006 Page 5 of 85 Pro: The conceptual site plan indicates that the proposed project maintains the existing interconnectivity of the pedestrian pathways and street systems. Con: None. Findings: The proposed development meets the pedestrian and vehicular interconnection criteri a. d. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. Pro: As depicted in the conceptual site plan, the proposed building, shaped as a horseshoe, is located close to the streets and along the boundaries of the property and thus avoiding strip commercial type of development. Con: None. Findings: The proposed building meets the site location design requirements of the BMUD overlay. e. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off - street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. Pro /con: None. Findings: Criteria not applicable. The subject properties are less than 5 acres. L At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in section 4.02.01 B. of this Code. This requirement shall not apply to individual parcels less than 5 acres in size. Pro /con: None. Findings: Criteria not applicable. The subject properties are less than 5 acres. THE ODYSSEY — TREVISO BAY MARINA, MUP- 2006 -AR -10052 EXECUTIVE SUMMARY Page 5 of 7 Agenda Item No. 8H NoveMber 28, 2006 Page 6 of 85 FISCAL IMPACT: The use, 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 request for Mixed Use Project (MUP) is approved, the existing land will be developed, and the new development will result in an impact on Collier County public facilities. The County collects all applicable impact fees before the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund identified projects in the Growth Management Plan Capital Improvement Element as needed to maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the requirements of Section 10.02.07(C) of the Land Development Code, fifty percent (50 %) of the estimated Transportation Impact Fees associated with the project are required to be paid simultaneously with the approval of each final local development order. Other fees collected before the issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff to analyze this petition. NEIGHBORHOOD INFORMATION MEETING (NIM)• The applicant held the required meeting at 6:00 p.m, on Thursday, September 7, 2006 at the East Naples Library. Approximately 60 people, including the applicant's team and county staff, attended. The Architect for the applicant, Matt Joyner presented an overview of the Mixed Use Project and provided several conceptual site renderings for reference. The following statements were made by the applicant and his team: • Boat storage will be contained within the proposed new building. • 38 car parking spaces are proposed on the project site. • The proposed maximum building height is 50 -56'. • The marina is proposed to operate 7 days a week. • A 19,607 total building footprint, horseshoe shaped construction is proposed. • NW corner of building will contain a ground level club facility. • Two residential units are proposed above the club facility. Several members of the public had questions and /or comments regarding the proposed off -site street parking, storm water management and setback dimensions. Generally, people were in agreement with the proposed project, although questions remain as to deed restrictions regarding use of the property and front yard setbacks. V.K. Development Corp. principal, Sanjay Kuttemperoor, said lie would continue dialogue with surrounding property owners regarding architectural dimensions to address view corridor issues. Mr. Joyner suggested closing off the north and south ends of the building. In regards to the storm water flooding issues, Mr. Chad Luttrell, engineer for the applicant, stated that the project will be redirecting water discharge to "water- quality basins" by means of a THE ODYSSEY — TREVISO BAY MARINA, MUP- 2006 -AR -10052 EXECUTIVE SUMMARY Page 6 of 7 Agenda Item No. 8H November 28, 2006 Page 7 of 85 mechanical commercial system. South Florida Water Management District (SFWMD) has yet to permit the project. ENVIRONMENTAL ADVISORY COUNCIL (EACI ISSUES: The Environmental Advisory Council (EAC) did not hear this MUP request. PLANNING COMMISSION RECOMMENDATION: The CCPC is not required to review the request for MUP. RECOMMENDATION: Staff recommends that the Board of County Commissioners (BCC) approve Petition MUP -2006- AR- 10052, noting that, in staff's opinion, the request is consistent with the criteria outlined in Section 10.03.05.G.6. of the LDC subject to the following condition: That the residential units be constructed prior or concurrently with the commercial use. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review THE ODYSSEY — TREVISO BAY MARINA, MUP- 2006 -AR -10052 EXECUTIVE SUMMARY Page 7 of 7 Agenda Item No. 8H November 28, 2006 Page 8 of F5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 6H Item Summary: this Item to be heard at 2'00 p m This item requires that all participants be sworn in and ex parte disclosure be provioec by Commission members MUP- 2006 -AP- 10052 VK Holdings Treviso Bay Marina. _LC represented by C. Matt Joyner.. P Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19.607 square foot of commercial floor area to be known as The Odyssey - Treviso Bay Marina The subject property consisting of 'L59 acres . is located at 3470 Bayshore Drive un the west side of Bayshore between Lakeview & Riverview Drive, In Section 14,. Township S0, Ranee 25, Collier County. Flonda- Meeting Date: '.1126!2006 9.00.00 %,M Prepared By Carolina Valera Urban Design Planner Date Community Development & Environmental Services Zoning & Land Development Review 11/1412006 10:40:18 AM Approved By Norm E. Feder. AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11/14/2006 3:111 PM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & Environmental Services Environmental Services Admin. 11/14/2006 3:47 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 11/1512006 9:15 AM Approved By �.._ Marjorie M. Student. Stirling Assistant County Attorney Date County Attorney County Attorney Office 1111512006 9:40 AM Approved By Ray Bellows Chet Planner Date �orvm.niiy Development & Environmental Services `oniny & Land Development Review 1111 n 2001, 11 15 AM Approved By Susan Murray. AJCP Zoning & Lane Development birectar Date Community Development & environmental Se rvrt:es Zoning & Land Development fde:vieve 11115,'2006 11 44 PM .Approved By Commuailp Dcveioprr e *_nt & Jesepn Y. `.c htr, tt : =n vlronmentai Services Aominstramr Community 110 pine. lit & Community Development & Ern;roninental Services Envlron mental Services Admin. 11!15.2006 9:00 PM Approved By Donald L. Scot Transportation Planning Director Dale Iranvporation Servwes Transponaunn olanning 11116!200F� 7:19 AM Approved By OVID Coordinator Al Analyst Dal Admin!' oe"c'-Ace7, Information i'ecnnoloci l' 1111 r,L'1J;1611: 0o F.PR Approved By Marl: Isackson Ludget Analyst Crate County P,1ana— s Office Office of Management & Budoet 1;116;'1006 2:C7 "M Approved By Jam- V. Mudd county Manatic, Dato Beard ofCaunty Cornmis sinners v- " "iq•''' °.'uc,er' >Gtf ce i7 iid120064.c9 Prvi Agenda Item No. 8N November 28, 2006 Page 9 of 85 RESOLUTION NO. 06- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING THE ODYSSEY — TREVISO BAY MARINA AS A MIXED USE PROJECT (MUP) IN THE BAYSHORE DRIVE MIXED USE ZONING OVERLAY DISTRICT, WATERFRONT SUB- DISTRICT (BMUD -W) AND RESIDENTIAL 2 SUB- DISTRICT (BMUD -R2), COMPRISING 1.59+ ACRES PURSUANT TO LAND DEVELOPMENT CODE SECTION 2.03.07 1.3.; PROVIDING FOR DESIGNATION AS "MUP," AND COMPRISING 2 RESIDENTIAL DWELLING UNITS AND 19,607 SQUARE FEET OF PERMITTED COMMERCIAL USES; AND PROVIDING FOR CONCEPTUAL SITE PLAN APPROVAL, FOR PARCELS LOCATED ON THE WEST SIDE OF BAYSHORE DRIVE BETWEEN RIVERVIEW AND LAKEVIEW DRIVE. WHEREAS, VK Holdings Treviso Bay Marina, LLC (herein referred to as "Owner'D owns eight lots comprising approximately 1.59 ± acres, described below, that are located within the boundaries of the Bayshore Mixed Use Overlay District ( "BMUD ") and within the Waterfront Sub - district (BMUD -V) and Residential 2 Sub - district (BMUD -R2), alI comprising a portion of the Bayshore- Gateway Community Redevelopment Area (CRA), located in Collier County, Florida at the west of Bayshore Drive between Riverview and Lakeview Drive; and WHEREAS, Owner, through its agent, Matt Joyner, P.A. Architects, in accordance with Section 2.03.07. I.3., of the Collier County Land Development Code ( "LDC ") has petitioned the Collier County Board of County Commissioners ( "Board ") pursuant to Petition Number MUP- 2006-AR- 10052, for approval of a Mixed Use Project ( "MUP ") in the Bayshore Drive Mixed Use Overlay District, proposing 2 residential units and 19,607 square feet of commercial floor area for the subject lands to be known as The Odyssey — Treviso Bay Marina; and WHEREAS, Owner has timely submitted a sufficient MUP Application ( "Application") for The Odyssey — Treviso Bay Marina MUP plan for the lands described below; and WHEREAS, Collier County Staff has reviewed the Application, including a Conceptual Site Plan demonstrating compliance with LDC Section 10.03.05.G., along with support documentation and information required by LDC Section 2.03.07. 1.3., and determined that the Application and Conceptual Site Plan are sufficient; and WHEREAS, the Board has determined that the LDC notice and neighborhood information meeting (NIM) requirements applicable to the Application set forth in Section 10.03.05.G., have been complied with; and that The Odyssey — Treviso Bay Marina MUP has been recommended for approval by the Bayshore- Gateway CRA Advisory Board. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY, FLORIDA that:, 1. The foregoing WHEREAS clauses are hereby adopted as if set forth fully herein. 2. The lands described in attached Exhibit "A," consisting of approximately 1.59 + acres are hereby designated as a Mixed Use Project ( "MUP "), and be officially designated as "MUP" on the Official Zoning Atlas Map, subject to the Conceptual Site Plan attached as Exhibit "B," and subject to compliance with the requirements of LDC Section 2.03.07. I. 3. d., i. through iv. 3. The Conceptual Site Plan for The Odyssey — Treviso Bay Marina MUP attached hereto as Exhibit "B" is hereby approved. 4. Once the property owner, through the MUP approval process, commences construction of the proposed development project under the provisions of the Mixed Use Sub - district, those lands shall only be developed in compliance with all provisions of the BMUD Overlay and shall not revert back to the underlying zoning district. BE IT RESOLVED that this Resolution relating to Petition Number MUP -2006 AR- 10052 be recorded in the minutes of this Board. THIS RESOLUTION ADOPTED this 28th day of November, 2006, after a Motion, second, and majority vote. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: MarJcWe M. Student - Stirling -� Assistant County Attorney Page 2 of 2 By: FRANK A. HALAS, Chairman Agenda Item No. 8H November 28, 2006 Page 10 of -85 Agenda Item No. 8H November 28, 2006 Paae 11 of 85 Ezhfblt'4A" Legal Description of the Marina Properly j Parcel A I i Lots 27 and 28, Block 4 and Lob 1 and 2, Block 5, Coif' Shores, according to the plat thereof, recorded in Plat Book 4, page 50, Public Records of Collier County, Florida. Parcel B Lots 3 and 4, Block 5, Gulf' Shorts, aceoiding to the plat thereof; recorded in Plat Book 4, page 50, Public Records of Collier Cotmty, Florida Parcel C Lot 25, Block 4, Gulf' Snores, according to ft plat thereof; recorded in Plat Book 4, page 50, Public Records of Collier County, Florida Parcel D Lot 26, Block 4, Gulf Shorts, according to the plat flimoi', recorded in Piet Book 4, page 50, Public Records of Collier County, Florida. wstwssOZO v.01 O 00 O N O X �J N N B a- < Z r QK OR *WON Wk7 0-4"4 OLK [Dirt rcmwl i sna n+ Q cro P+Vw Fog o•wJi o.,u n Rule ruaom arm r niwe soc h' ® YIV l7�al'v' Yd �13LlOP lLViJ7 ® �C. a J G pp d g e A el i A a P 2 1;i i AE - 8lJ2K1 �IOf'I�J.78 — — — — — Q � - •--------- ------------ - - - - -- L ----------------- — -- _- _- -_ --- - — -------------- _ - - H xW X W = co LO CO 0 CO J w- pN d C CJ N 0) d; �En �0) �> N d Mz Q Z 7W g �. � ■ ��� �S� �_ g� low ��� aapp,.. 1 �t rill, O Z 7W OIO�pI1N g �. � ■ ��� �S� �_ g� low ��� aapp,.. �t O MAN, pYQI pMifILFllprpl f;;ggQ ERM j T —� 11 INS M.M."I HOME CO7 I ©7 C ©7 C0] = C47 �O7 ■ ■ �A :.� ■.■ ■ ■ ■_Col ■ �_ a - o uEi _p Z 7W CL Q Z Z 0 N OIO�pI1N g �. � ■ ��� �S� �_ g� R ��� aapp,.. �t O pYQI pMifILFllprpl f;;ggQ ERM j T u -ate rnw a - o uEi CL Q Z Z 0 N Agenda Item No. 8H November 28, 2006 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW Page 14 of 85 NAPLES, FLORIDA 34104 M WWW.COLLIERGOV.NET Pak (239) 403 -2400 FAX (239) 643 -6968 - U011 PERT'Y „LOCATI -0 PROJECT NAME: _ 1�2aE� t$ o kAdt1401.1- If this project is located in a PUD or it has a Conditional Use or a Variance approved, please indicate the PUD name and /or CU or Variance Application Request # Resolution ## SECTION /TOWNSHIP /RANGE: J / PROPERTY I.D.# _ !�, 11 S 2 isoclo SUBDIVISION NAME: UNIT BLOCK LOT LOCATION OF SUBJECT PROPERTY (proximity to closest major intersection or road): Current Zoning Designation C%-N Type of Development Proposed: iA%JP Total Area of Project: # Units Density Non- Residential Sq Ft: ADJACENT ZONING LANE? USE ZONING LAND USE North East South West I hereby submit and certify the application to be complete and accurate. SIGNATURE OF AGENT DATE Agenda Item No. 8H Novernber 28, 2006 15 of 85 MOpting Notes 5y .4Mr T ��ZOcl�c- �'' �� TY o t)AeLr V?7� -c �'7t3 _,e 6�1. PAUL'tti�Z�lC,�, pnot, +i11= A Cody C) cUGk� SH����S MO Agenda Item No, 8H November 28, 2006 ADDRESSIN(;. CUCELIST Page 16 of 85 ?lease complete the following and submit to the Addressing Section for Review. Not all items will apply to ,,very proieci. Items in bold tv)n are required t. Legal description of subject property or properties (ropy of lengthy description may be ¢ttached) I'll M ^ill Vii. p �;"' E z t a+, n u, ?_ Folio (Property ID) numbers) of above (attach to, or associate with; legal description if more Than one) 3. Street address of addresses (as applicable, ' f FOR STAFF USE ONLY Primary Number 1:2-� �t-i Address Number 130 FZ40 Address Number 111. 1 !T Address Number 1 5OC7 a Approved 4_ Location map, showing exact.1&ation of prajec -Ysite in relation to nearest public road ris�i -of way (arrac3c) 54 Copy of szirveyDED QN� X Et 2l.?���I iFLtI 6. Proposed project narine (zf applicable) 7. Proposed Street names (if applicable) S. Site Development Plan Number (FOR EXISTING PROJECTS /SITTS ONLY) SDP sncw .- P 1' 7 9. Petition Type — (Complete a separate Addressing Checklist for each Petition Type) ❑ SDP (Site Development Plan) El 11 S.DPA (SDP Amendment) ❑ SDPI (SDP Insubstantial Change) ❑ SU' (Site 7mproveionent PIan) ❑ SIPI (SIPI.Insubstantial Change) SNR (Street Name Change) ❑ Ve�ctati onlExotic (Veg_ Removal Points) ' ❑ PPL (PIans & PIat Review) _ ❑ PSP (Prelir inary Subdivision Plat) ❑ FP urinal Plat} ❑ LLA (I,ot Line Adjustment) ❑ BL: (BlastingPprmit) El goW. (Right-of-way Permit) ❑ " EXP Mxcavation Perm ' Land Use Petition ('Variance, Conditional Use,: Boat Dock Ext-, Rezone, PUD rezone, etc..) ❑ Other- Describer ❑ VRSFP (Veg_ Removal & Sine Fill Permit) ❑ TDR (Transfer of Development Ruts) - 10_ Project or development names proposed for; oz already appearing in, cbndoniinim" documents (if applicable; indicate whether proposed or existing) I I . Please Check One ❑ Checkdist is to be Faxed Back 1.2. ApplicantNatiie. ,. 1; . .' 13- Sic�itature on Addressing Checklist does not constitute, further t6view by the Addressing Section.. Mperso, ally Ficked U' Phone d.w19�� Project and/or Sheet Naa= approval and is subject to- - FOR STAFF USE ONLY Primary Number 1:2-� �t-i Address Number 130 FZ40 Address Number 111. 1 !T Address Number 1 5OC7 a Approved LO b 00 p J O z °r— F � cB Ong E� W cool L7 v� 0 Z P l n W �M W O LL �0 • W a G W �z V W r0 W. a. m m C c E > Q o o � L m Q /•�V 1 ca a � a c = .0 •O O L N a r_ V O 41 � E Q a D � a W L a > c r Lo 0 V � CC O� z J � a E o z Z C!) d N Q a IT 0 m N m C. O tn co N N O O w w U) z z CD N a) m U R" V .J ul UA T LU an N z. '� M tt% N, (4N ro _71\�Ikl a W n � V 0 O Onn J " D 0 Z � Q M J ; V 3 r v a v �KZ4 IT 0 m N m C. O tn co N N O O w w U) z z CD N a) m U R" 13bard of County Commissione0& 63-2/M Page 19 of 85 MIXED USE PROJECT PLAN (MUP) SUBMITTAL REQUIREMENTS LDC SECTION 2.03.07 N.3 and 2.03.071.3 Owners of property in the Boyshore Mixed Use District (BMUD) Neighborhood Commercial (NC) and Waterfront (W), along with the Gateway Triangle Mixed Use Subdistrict (GTMUD -MXD) may petition the Board of County Commissioners for mixed use project approval. The application for MUP approval shall acknowledge that the owner shall not seek or request, and the County shall not thereafter grant or approve, any additional uses beyond those allowed in the C -1 through C -3 zoning districts. SUBMITTAL'' REQUIREMENTS GENERAL APPLICATION To be completed in full and to include the required pre - application meeting notes. COVER LETTER A Project Narrative shall be provided that describes the character and intended use of the proposed project. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. DIGITAL REQUIREMENTS An electronic version of all plans and documents on CDROM shall be provided as part of the submittal package. FEES Application and review fee in the amount of $1500. Advertising Fees — In accordance with Resolution No. 2005 -384, the applicant shall pay any legal GuVe�risiiig rcc5 rcgiiircu uurI any `•v V_ aCtIYlty area will be cnarge at aCTUaI COSTS. Agenda Item No. 8H November 28, 2006 Page 20 of 85 Seven (7) sets of conceptual site plans prepared on a maximum size sheet measuring 24 X 36 inches, drawn to scale, containing the following information. 1. The project title, property owner, address and telephone number. 2. Legal description, scale, and north arrow. 3. Zoning designation of the subject site and adjacent sites and the proposed use of the subject site. 4. Location, configuration and dimensions, including height, of all buildings; and the location, figuration and dimensions of landscape buffers. 5. General location and configuration of parking and loading areas, and the directional movement of internal vehicle traffic. 6. Location of proposed access point(s) to the site and internal site circulation. 7. All required and provided setbacks and separations between structures in matrix form. 8. Any additional relevant information as may be required by the County Manager or his designee. 9. Proposed density and unit types including any requests for density bonuses; proposed square footage of commercial uses, in matrix form. 10. The following statement: "This project will comply with all LDC requirements at time of submittal'. One (1) 8 '/z X 11 copy of conceptual site plans. PUBILIC HEARING :REQUIREMENTS: There shall be a public hearing before the Board of County Commissioners legally noticed and advertised pursuant to LDC section 10.03.05 G. If approved by the BCC, such approval shall be by resolution. / The Board of County Commissioners shall hold one advertised public hearing. ► The public hearing shall be held at least 15 days after the day that an advertisement is published in the newspaper. At least one Neighborhood Informational Meeting (NIM) shall be conducted by the applicant before the public hearing by the Board of County Commissioners. Written notice of the NIM meeting shall be sent by the applicant to all property owners who are required to receive legal notification from the County pursuant to section 10.03.05 B.8 and 9. The applicant shall display an advertisement, one -fourth page, in type no smaller than 12 point; which shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. The ad shall be published no later than 7 days prior to the date of the neighborhood information meeting. ► The applicant shall post an outdoor sign on the subject property at least ten (10) days prior to the date of the public hearing before the BCC pursuant to section 10.03.05 B.34. Agenda Item No. 8H November 28, 2006 Page 21 of 85 CRITERIA°F4R IIR# f , MSIF PROJECT APPROVAL, The following criteria must be met in order to gain approval for mixed use projects developed in accordance with provisions of mixed use overlay. 1. No less than 60 percent of all commercial uses within a mixed use project shall provide retail, office and personal service uses to serve the needs of the subject project and surrounding residential neighborhoods. 2. No more than 25 percent of the residential units within a mixed use project shall be on gated roadways. Residential uses shall be constructed concurrent with, or prior to the construction of commercial uses so as to insure actual development of a mixed use project. 3. Mixed use projects shall connect to local streets, adjoining neighborhoods and adjacent developments, regardless of land use types. A grid pattern is usually the basis for the transportation network. Whatever the pattern of the vehicular network, internal interconnections between uses shall be provided for pedestrian, bicycle and other modes of alternate transportation. 4. The commercial component of a mixed use project may be located internal to the project or along the boundary; if externally located, internal access roads and service access shall be provided so as not to promote strip commercial development along external collector and arterial roadways. 5. Parking lots shall be dispersed throughout the project. No one parking lot shall provide more than 40 percent of the required off - street parking. Parking garages shall have no restrictions on percentage of required parking that may be accommodated; however, commercial uses only shall be permitted on the ground floor. This requirement shall not apply to individual parcels less than 5 acres in size. 6. At least 30 percent of the gross area of mixed use projects shall be devoted to useable open space, as defined in LDC section 4.02.01 B. This requirement shall not apply to individual parcels less than 5 acres in size. MIXED USE 'PROJECT - TIME LIMITATIONS MUP approval shall expire and any residential density bonus units shall be null and void if any of the following occur: 1. MUP approval shall expire if SDP not submitted within six (6) months of MUP approval by the BCC. 2. The SDP is not deemed sufficient for review within 30 days of submittal. 3. The SDP under review is deemed withdrawn or cancelled pursuant to section 10.02.03 B.4.a. 4. The SDP is considered no longer valid, pursuant to section 10.02.03 B.4.b. and c. LDC section 2.03.07.N.3.d and 2.03.07 1.3.d. Agenda Item No. 8H November 28, 2006 To qualify for up to 12 dwelling units per acre, projects shall comply with the following criteria. (The density of up to 12 dwelling units per acre is only applicable until the bonus density pool has been depleted). ► The project, if located in the Bayshore Mixed Use District, shall be within either the Neighborhood Commercial or Waterfront Subdistricts and shall be a mix of commercial and residential uses. ► The project, if located in the Gateway Triangle Mixed Use District, shall be a mix of commercial and residential uses. Base density shall be as per the underlying zoning district. ► For proposed projects outside the Coastal High Hazard Area (CHHA) are in addition to the eligible density bonus. ► For proposed projects within the CHHA, only the Affordable Housing Density Bonus is allowed in addition to the eligible bonus density units. ► For projects located in the Gateway Triangle Mixed Use District the properties must be lying south of Davis Blvd. and west of Airport- Pulling Road. ► The project shall comply with the standards for mixed use development set forth in the Gateway Triangle Mixed Use Overlay District or the Bayshore Mixed Use District. ► For projects that do not comply with the requirements for this density increase, their density is limited to that allowed by the Density Rating System and application FLUE Policies. LDC Section 2.03.07 N.3.e and 2.03.071.3.e Once a property owner, through an MUP approval, elects to develop or redevelop a mixed use project under the Bayshore Neighborhood Commercial (BMUD -NC)or Waterfront (BMUD -W) Subdistricts; or the Gateway Triangle Mixed Use Subdistrict (GTMUD -MXD), then the property shall be developed in compliance with all provisions of the overlay and cannot revert back to the underlying zoning district. *R. R-0 `Y, °��'t?i.•'i,}?' .�- �.,�%C � �icdi ` � �''�i 't j ` ,g„nd tNovetr�:)er 28 2(?U6 . . c 1,}�r._�` ' tr�`� , ;u, _;J Page 23 df:L85 _ a �1 J ! fJ pp M , .r MUP 2006 -AR -10052 REV: 1 frcyif� PROJECT 2006070016 DATE: 7/7/06 DUE: 7/21/06 N A P L E S Treviso Bay Marina Club Bayshore Mixed Use District Mixed Use Project Application The Treviso Bay Marina Club ("Marina Club') is a mixed use project that will be built from the renovation of the existing Guifshore Marina, located at 3470 Bayshore drive in Naples and will serve as an amenity to the Treviso Bay residential development. The Marina Club will continue to be used as a Dry Storage facility with up to 158 dry boat storage slips/bays (which is the same number of slips that may exist at the current facility). It is anticipated that it may accommodate boats up to 40 feet in length. The Marina Club will include a boater's club facility and (2) residential living units above grade. The residential units may be used for a dock master, as guest units or for other residential purposes. The Marina Club architecture and intended use is consistent with the intent of the Bayshore Overlay District. The style of architecture reflects a Floridian Vernacular. This is evident from the Clock Tower you see on approach, to details such as gable roofs, louvered shutters, decorative brackets, roof railings, metal roofs, lapped siding, etc. As the building wraps the corners on the north and south sides, boat storage will covered and therefore, concealed from street and adjacent neighborhood view. All support services, equipment storage, boat cleaning, light maintenance and other necessary ancillary elements of the Marina Club will also be enclosed. Recognizing the scale of the project, the exterior articulation of the building responds to massing reduction while incorporating the architecture described above. yk r :r 5150Tani: 23 X649. 300 *'E' 239.6'1' 5900 34103 au,.TrevisoBay.com Agenda Item No. 8H November 28, 2006 Page 24 of 85 COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE DEPT. OF ZONING & LAND DEVELOPMENT REVIEW NAPLES, FLORIDA 34104 wWW.COLUERGOV.NET 091111h (239) 403 -2400 FAX (239) 643 -6968 MIXED USE PROJECT APPLICATION (MUP) MUP AR NUMBER PROJECT NAME PROJECT NUMBER MUP- 2006 -AR- 10052 REV: 1 DATE PROCESSED PROJECT 2006070016 COORDINATING PLANNER DATE: 7/7106 DUE: 7/21/06 Above to be completed by staff`' APPLICANT / OWNER INFORMATION ADDRESS: !30q e0V*A%& tl 4 101 city 1'�ie +Lr>M state_ zip -%4110 1 PHONE# T.,C21 - ( SCA!1 CELL# FAX# 2Aa 1 -'S4e- E-MAIL ADDRESS fn ft&L #P M $t-� t� W . Cc rv^+ OwNER(S) NAME: PHONE# f2" 74O — Cam _ CELL #fi•G2'� � -?SQr, g'7 FAX E-MAIL ADDRESS: ek M-• a u e. pI PROPERTY LOCATION t PROJECT NAmr=`' �F' %--/1'S• Ti_.aLrsY t`'�,�1Z1 M/�. G1•.V i If this protect is located in a PUD or it has a Conditional Use or a Variance approved, please indicate the PUD name ^ E and /or CU or Variance Application Request # t4fA Resolution # M SECTION/TOWNSHIP /RANGE: 1 Or- _,,,ts'Q.�I 2SE PROPERTY I.D.# 41k 4-T %.#i-6 o K> SUBDIVISION NAME: 1-4 V LF 15P ties UNIT BLOC , __LOT �t 4 61 LOCATION OF SUBJECT PROPERTY (proximity to closest major intersection or road). —S4_1 O L�6u— 1 U. Q&& Ld . 'yl tug DO-- B&—m owft a_ L-4kie-vilEw P �✓ir "'�� I �L,a7 Current Zoning Decignatio Type of Deveelopme Proposed: � 19 �E Total Area of Protect: # Unift Density.► /` ��� Non- Residential Sq Ft: Psi,. C 0.7 ADJACENT ZONING'/LAND USE ZONING LAND USE Nortt,c -< -[fin u1J- F4 ��F•+►t Fes- b - P m ��, - FL2 c"_,�,,,n R.0 t �a►l � Si ea c r+ aL East - M UP - W C.. M � �-- South cA=AmdcJ -►X-1 / R.n+F -row CiMuiD i�C �„ .r►�RC.t.►L west t2:m r= - t V o - RZ Gi.Esst c9 t � aL t w Heil a d ce ify the application to be compiete and accurate. ��RE � GElri'T o 'CE MUP- 2006 -AR -10052 REV:1 PROJECT 2006070016 DATE: 7/7/06 DUE: 7/21/06 This instrument prepared without benefit of title examination or title opinion by: MICHAEL 3, VOLPE, ESQUIRE Robins, Kaplan, Miller & Ciresi, LLP 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 WARRANTY DEED 3574535 VRi 31 2r Ite5 006 HCMID 1A 01PICIAL HCOIIDS Ike LLFIjcP=q)f1j5 03/11/2005 et 02 :11H 8119111. BIOCI, C11U CONS 5050000.00 HC PEE 27.00 DOC -.70 35350.00 Beta: POMI ii im IT U 5801 PILICAI BAY BID 1300 1APIN PL 34108 2781 THIS INDENIURE, made this 10th day of Match, 2005, between GULF SHORES MARINA, L.L.C., A Florida Limited Liability Company, whose address is 3470 Bayshore Drive, Naples, Florida 34112, GRANTOR, and VK HOLDINGS TREVISO BAY MARINA, LLC, a Florida Limited Liability Company whose Taxpayer ID Number is 20- 1138294, and whose address is 19275 W. Capitol Drive, Suite 100,. Brookfield, Wisconsin 53045, GRANTEE. (Wherever used herein, the terms "Grantor' and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations..) WITNESSETH, That said Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby aclmowledged, has granted, bargained and sold to the said Grantee, forever the following described land, situate, lying and being in Collier County, Florida, to -wit: PARCEL A Lots 27 and 28, Block 4 and Lots 1 and 2, Block 5, Gulf Shores, according to the plat thereof, recorded in Plat Book 4, Page 50, of the Public Records of Collier- County, Florida. PARCEL B Lots 3 and 4, Block 5, Gulf Shores, according to the plat thereof, recorded in Plat Book 4, Page 50, of the Public Records of Collier County,"Florida. PARCEL C Lot 25, Block 4, Gulf Shores, according to the plat thereof, record in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. PARCEL D Lot 26, Block 4, Gulf' Shores, according to the plat thereof, recorded in Plat Book 4, Page 50, of the Public Records of Collier County, Florida. Parcel Identification Number 48173280007 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Word 65028345 3 OR; 3751 da Uo.8H November 28, 2006 Page 26 of 85 SUBJECT TO covenants, easements and other restrictions common to the subdivision, and real estate taxes for the year 2005 and all subsequent years. and 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 WIINESS WHEREOF, the said Grantor has caused these presents to be signed in its name by its Co- Managers the day and year first above written. Signed, sealed and delivered in our presence: Signed, sealed and delivered in our presence: GULF SHORES MARINA, L.L.C., A Florida Limited Liability Company (awA t --' ++ .[ a. BrB.'BL,� \, B.L. ! V V' 4V.L4X ! with full power, and authority to bind the Company GULF SHORES MARINA, L.L.C., A Florida Limited Liabilip Company n1 `(SEAL) EP C. MAIN, as Co- Manager with full power and authority to bind the Company Oft, 375 g�tt,1 . *** i�nb 5 Z 2006 Page 27 of 85 STAIE OF FLORIDA COUNTY OF COLLIER the foregoing instrument was acknowledged before me this - day of March, 2005, by KENNETH A. MAIN, H, as Co- Manager, of GULF SHORES MARINA, L.L.C., a Florida Limited L- bility Company, who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the person(s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath- My }�RNPiEls _ CARIOiTA B. MENAHD Signature 1W MMY COMION # DD 17310 EXPIRES December 22,2oo6 (Type or print name of Notary) STATE OF FLORIDA .COUNTY OF The foregoing instrument was acknowledged before me this %p —" day of March, 2005, by STEPHEN C. MAIN, as Co- Manager, of GULF SHORES MARINA, L.L.C., a Florida Limited Liability Company, who is personally known to me or who has produced (type of identification) as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the persons) executing this instrument was personally known to me. If the words in the parenthetical "did not' air, not circled, then the person(s) executing this instrument did take an oath_ My Commission Expires: —' Signature CARLOiTA S. MENM .`_ MY COAUSSION # D0173310 ',. EXPIRES: December 22, 2006 �f � �` ea�ddTlru Nobry Pwlic Ilndannt�n Word 6502834S.3 (Type or print name of Notary) Agenda Item No. 8H November 28, 2006 MUP- 2006- AR- 1002ge 28 of FCEV: 1 PROJECT 2006070016 DATE: 7/7/06 DUE: 7/21/06 LETTER OF AUTHORIZATION I hereby authorize C. Matt Joyner, P.A. Architects to serve as Agent in the permitting process for the Treviso Bay Marina submittal VK Holdings Treviso Bay Marina, LLC A Florida Limited Liability Company By: Name: Sanjay Kuttemperoor Title: Vice President Address: 19275 West Capitol Drive Brookfield, Wisconsin 53045 Tele: 1- 262- 790 -6000 Ptdr: da STATE OF COUNTY OF CD (,tie t- The foregoing instrument was acknowledged before me this cQU day of xa AQ , 2006, by Sanjay Kuttemperoor who is personally known to me or had produced as identification and who did (did not) take an oath. ............................ iTACY LEIGH .. FULTS COnrM OD027�31,4 S © � (SEAL) s tmvmo� C 4 ,,�`-s'"' (Typed, printe r stamped name of Notary) Agenda Item No. 8H November 28. 2006 Page 29 of 85 CONSENT OF MANAGER OF VK MEMBER HOLDINGS, LLC The undersigned, as the manager of VK MEMBER HOLDINGS, LLC, a Florida limited liability company (the "Company "), whose principal place of business is located at 19275 W, Capitol Drive, Brookfield, WI 53045 -2710 hereby adopts and consents to the following resolutions pursuant to the provisions of the Operating Agreement of the Company. WHEREAS, the undersigned deems it in the best interests of the Company to delegate the authority to individuals on behalf of the Company to sign documents and take actions they deem to be in the best interests of the Company NOW, IHEREFORE, BE II RESOLVED, that each of the duly appointed officers of the Company consisting of the President and each Vice President, of the Company are authorized for and on behalf of the Company, to execute and deliver- such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and such other documents that each of them deems to be in the best interests of the Company. The signature of either the President or any one of the Vice Presidents of the Company appearing on any of'the foregoing shall be conclusive evidence of the Company's approval thereof'. FURIHER RESOLVED, that the current officers of the Company are: Vincent Kuttemperoor• President Sanjay Kuttemperoor, Vice President Ajay Kuttemperoor Vice President Sanjay Kuttemperoor• Secretary FURIHER RESOLVED, that the foregoing delegation of authority is not exclusive and that the undersigned manager reserves the right to exercise his authority as manager notwithstanding this delegation of authority.. the undersigned manager hereby ratifies and approves any such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and other documents executed by Vincent Kuttemperoor as President, Sanjay Kuttemperoor as Vice President and/or Ajay Kuttemperoor as Vice President prior to the date of this consent and affirms that they are the valid and binding obligations of the Company.. That the foregoing resolutions and the authority thereby conferred shall remain in full force and effect until the Company's notice to the contrary in writing to such person and any third person who has relied thereon, and such person may conclusively presume that such resolutions and signatures are in effect. IN WITNESS WHEREOF, the undersigned manager has executed this consent as of the 1 sr day of , 2005 V" I Vincent Kuttemperoor, Manager R EV r/r V. 2 L MUP- 2006 -AR -10052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA Agenda Item No. 8H November 28, 2006 Page 30 of 85 CONSENT OF MANAGER OF VK HOLDINGS TREVISO BAY MARINA, LLC The undersigned, as the manager of VK HOLDINGS TREVISO BAY MARINA, LLC, a Flotida limited liability company (the "Company "), whose principal place of business is located at 19275 W. Capitol Drive, Brookfield, WI 53045 -2710 hereby adopts and consents to the following resolutions pursuant to the provisions of the Operating Agreement of the Company. WHEREAS, the undersigned deems it in the best interests of'the Company to delegate the authority to individuals on behalf' of the Company to sign documents and take actions they deem to be in the best interests of the Company., NOW, IHEREFORE, BE II RESOLVED, that each of the duly appointed officers of the Company consisting of the President and each Vice President, of the Company are authorized for and on behalf of the Company, to execute and deliver such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and such other documents that each of'them deems to be in the best interests of'the Company. The signature of'either the President or any one of the Vice Presidents of the Company appearing on any of the foregoing shall be conclusive evidence of'the Company's approval thereof:. FURIHER RESOLVED, that the current offrcets of the Company are: Vincent Kuttemperoor President Sanjay Kuttemperoot Vice President Ajay Kuttemperoor Vice President Sanjay Kuttemperoor Secretary FURTHER RESOLVED, that the foregoing delegation of authority is not exclusive and that the undersigned manager reserves the right to exercise his authority as manager notwithstanding this delegation of authority. the undersigned manager hereby ratifies and approves any such agreements, instruments, guaranties, notes, mortgages, pledges, banking documents, loan documents, offers to purchase, deeds, plats, and other documents executed by Vincent Kuttemperoor as President, Sanjay Kuttemperoor as Vice President and/or Ajay Kuttemperoor as Vice President prior to the date of this consent and affirms that they are the valid and binding obligations of the Company.. That the foregoing resolutions and the authority thereby conferred shall remain in full force and effect until the Company's notice to the contrary in writing to such person and any third person who has relied thereon, and such person may conclusively presume that such resolutions and signatures are in effect.. IN11 WIINESS WHEREOF, the undersigned manager f has executed this consent as of'the day o r4 &wy•r11 , 20or Vincent Kuttempemor, Manager DEPARTMENT OF THE Afi ]ACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATOR) OFFICE 1520 ROl :4L PALM SQUARE BOULEIARD. SUITE 310 FORT MYERS FLORIDA 33919 March 2, 2005 Regulatory Division South Permits Branch /West Permits Section Fort Myers Regulatory Office SAJ- 2003 -7585 (LOP -CDC) MUP- 2006 -AR -10052 PROJECT 42006070016 Gulf Shores Marina, LLC DATE: 8/15/06 C/o Kenneth A. Main 11, Manager CAROLINA VALERA 3470 Bayshore Drive Naples, Florida 34112 Dear Mr Main: Agenda Item No. 8H November 28, 2006 Page 31 of 85 REV. 2 This is in reference to your request for a permit to perform work in or affecting waters of the United States. Upon recommendation of the Chief of Engineers; pursuant to Section 10 of the Rivers and Harbors Act of 1899, a ate a dhorizad to replace the existing marginal dockage along the seawall at Gulf S fires Marina, w11fh Toa Ing , marginal docks along the seawall.tThe project is located on 1.48 acres of uplands, on air unnamed manmade canal and terminal basin that lead to Haldeman Creek, to Naples Bay, in Section 14, Township 50 South, and Range 25 East, at 3470 Bayshore Drive, Naples, Florida Latitude: 26° 07' 16" North, Longitude: 81' 46' 15" West The floating docks would be identical on each side of the canal and basin and would be 112' x 5', plus an 8' x 15' platform with a 4' x 15' ramp leading to it, for a total of approximately 240 linear feet (1,380 square feet) of over -water structures. The Standard Manatee Construction Guidelines of 2001 shall be used. In accordance with the enclosed project plans (Attachment A — 8 pages dated 12 April 2004), Department of Environmental Protection Permit Number 11-0177-46-002- ES04 (Attachment B — 4 pages), General Conditions ( Attachment C — 4 pages), Specia Conditions (Attachment D — 1 page), "Standard Manatee Construction Conditions" (Attachment E — 5 pages), Self- Certification Statement of Compliance (Attachment F— 1 Page), and As -Built Certification (Attachment G — 3 Pages); which are incorporated in, and made a part of, the permit. Enclosed is a Notice of Authorization (yellow placard), which should be displayed at the construction site. When you begin work you must notify the District Engineer's representative, in writing, at the letterhead address of: Agenda Item No. 8H November 28, 2006 Page 32 of 85 SAJ- 2003 -7585 (LOP -CDC) Gulf Shores Marina 2 a. The date of commencement of work; b. The dates of work suspensions and resumptions if work is suspended over a week; and; c The date of final completion. If the work authorized is not completed on or before March 2, 2010 , this authorization, if not previously revoked or specifically extended, shall cease and be null and void You are hereby advised that you may accept or appeal this permit.. Enclosed is a combined appeal options and request for appeal form (2 pages) that identifies your rights and options regarding the administrative appeal of this decision Any objections to the enclosed permit must be received by the District Engineer within 60 days of the date of this letter, or you will forfeit your right to appeal the permit in the future. Attached is a two -page customer service survey form. If you have any comments on the service you have received during the evaluation of this application, please return - the survey to the letterhead address BY AUTHORITY OF THE SECRETARY OF THE ARMY: L1, i Z5 Ro ert M. Carpen _r'' C lone!, U.S.. y District Engineer THIS PERMIT CONTAINS 7 ATTACHMENTS, TOTALING 26 PAGES Attachment A — PERMIT DRAWINGS (8 Pages dated 12 April 2004) Attachment B — WATER QUALITY CERTIFICATION (Florida Department of Environmental Protection permit #11-0177046-002) in accordance with the General Condition number 5 on page 2 of this DA permit — 4 Pages) Attachment C — GENERAL CONDITIONS (4 pages) Attachment D — SPECIAL CONDITIONS (1 page) Attachment E - STANDARD MANATEE CONSTRUCTION CONDITIONS (5 pages) Attachment F — SELF - CERTIFICATION STATEMENT OF COMPLIANCE (1 Page) Attachment G - AS -BUILT CERTIFICATION (3 Pages) - Copy furnished (w /o enclosures) Agenda Item No. 8H t � r -. - ai�,+.J„ s � � �,r.. T # a-.h, w +r M J s"'��z?T ka+'i , ��.r,, ,r �y�.y �4M .�s'rh`4'��}z"�G".�a4r »"�'w��o .`��. ��t�•5� #' �P �'3i rS. rTM'i "v >^�•r, -+t�.S. a "1�re.1'�.��' �F"S %' '"f ,. isnr'. n!%Y'T;,� �� ..� 4 ,t �� *p 7� ��rr �t i:,i h'a 7 �r��Q�`��..' ,c , 4T.' @���� '. ;� yu:... .+� � ��+"4�'.,� "t�i;�.ti ®�'�il�`�7,• � °i*'4\ � +� c I v >l,y7i1✓. '?'.''i Ya EvP y'r.a:� y •�� s J:"4i y:+....yc -fi,k, 1.^An+ �.r•.:r: '..' +.k.T'•'" ? t k i!"'_r4M: J.Er`� TMk 'N �, W,_e t Leah- �, � o-• :,. + y a`��iy� J }*� �j �"'+ `Cir. ,a.. y,�i�,• ,. f 7 ��._ `ad �` ,„ { ' {' �",'fi7 ��S..7Z� ,'��a^_,'tw °r, •r'� �� T JI m+�xiv` i is�.' li,r"i #fib. ^"'4i' �.. f7 �i_e� �� �i,� a � fi''{7'�t'�1 -� `I!r iiy xtF�;r• -�iy' t' ar i.u4�r�,Ll".C�17��:�1y�{ ,n �N•:.. t'{i „1 r«y }.Y 1 . .tY h� •:.� y. M�?�. v�...,$ ,.:�4�'',�,+ - .:iti <h.�',i. M'...�y ,h1�7. ^, i ....J ,.•$.,r'�yr,! ry,Jr'. .Irjn�'A"'Fh �,..!4.� s1. �«iw.'W .r'I'�� ''�ffi'A i�,+Y1kM'.. , F�++s ., '. r:•�..•el±�•���.°`..i'.r .'.',4�ai ..y' -e ,r:.iK.: tiw M' 1pplicant: Gulf Shores Marina, LLC File Number: SA.T -200; -7585 Dat u ap U �tiached is: See ection belo A; i INITIAL PROFFERED PERMIT (Standard Permit of Letter of permission) A PROFFERED PERMIT (Standard Permit of Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL, DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E 'EGTION I' fibe foIlawsng identifies �our�11 sand �)atroixs.iegaidilig an dmmislrafiue appeal bfrthe.abbve ' ^ I .. r recision. Addrtio:nal ii forinadbn�na.y be found �at-http ��I1S Ce 2TIIly 2ii11 %III t/fLIIIt1lons /CW/C66WO /Ie or ; :ores reaulatibris a�:33 :CF'RPait 531 �. ,.. ; ,� v `' ' ;t INiTI_^AL PROFFERED PERMIT: You may accept or object to the permit.. ACCEPT: If you received a Standard Permit, you may 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 you accept the pen-nit in its entirety, and waive all rio-lits to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. h OBTECT: If you object to the permit (Standard or L'OP) because of certain terms and conditions therein, you may request that the permit be modified accordingly You mast complete Section II of this form and return 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: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify, the permit having determined that the permit should be issued as previously written After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. 3: PROFFERED PERMIT: You may accept of appeal the permit ACCEEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization If vcu received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature or the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved . jurisdictional determinations associated with the permit. APPE.,k : If you choose to decline the proffered permit (Standard or LOP) because of certain terrns and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this orm and sending the form to the division engineer Iris form must be received by the division engineer within 60 days of the date of this notice PERMIT DENLA.L: You may appeal the denial of a permit under- the Corps of Engineers .Administrative .4ppeal Process Dy completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice D: .? PPROVFD fURISDICTIONAL DETERIVITNATION: You may accept or appeal the approved TD or prop -ide new information • ACCEPT: You do not need to notify the Corps to accept an approved TD Failure to notify the Corps within 60 days of the dare of this notice, means that you accept the approved ID in its entirety, and waive all rights to appeal the approved TD • k?PE.AL: if you disagree with the approved JD, you may appeal the approved ID under the Corps of Engineers Administrative .4p peal Process by completing Section I1 of this form and sending the form to the division engineer Ihis form must be receNed by The division engineer within 60 days of the date of this notice E.- PRELLMINARY TURISDICTIONAL DETERMINATION: You do not need to respond to the Corps aiding the preliminary JD the Preliminary ID is not appealable If you wish, you may request an appio,, ed JD <<, hich may be appealed), by contacting the Corps district for further instruction. .k1so you may provide nev, information for further consideration by the Corps to reevaluate the .TD enda Item No. SH ;ECTION II - REQ.UEST:FOR`APPEAL .or OBJECTIONS TO 1"NNiNITIAL- PROFFERED PEKE 3 of 8 :E =SONS FOR :=1I H kT, OR OB MCTIONS: (Describe your reasons for appealing the decision or your objections to an iitia! proffered permit in cleat concise statements You may attach additional information to this form to clarifj where your reasons IT objections are addressed in the administrative record ) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for "o record of the appeal conference of meeting, and any supplemental information that the review officer has determined is need to clarif) the administrative reccrd Neither the appellant not the Corps may add new information or analyses to the record However, VOL! May orevide additional information to clarify the location of irformation that is alreadv in the administrative record. 1-)0 NIT OF CONTACT FOR ( INFOR If you have juesrions re?ard in- this decision and/or the appeal process you may coma'-" ti1r Skip Bergmann (telephone 239- 334 -1975) U S Army Corps of Engineers, 7acksonville District Fort ivlyeis Regulatory Office 1520 Royal Palm Sauaie Boulevard; Suite .310 Fort Mvers, Florida 33919 MATJON: If you only have questions regarding the appeal process you may also contact: Mr Charles Schnepel (telephone 513- 769 -7071) US Army Corps of Engineers, Jacksonville District Iampa Regulatory Office 10I 17 Princess Palm Drive. Suite 130 Tampa, Florida 33610 1 1GriT OF EN- RY: ,'cur signature below `rants the right of entry to Corps of Engineers personnel. and any government consu:rans io conduct ir;vestiQatiors of the project site during the course of the appeal process You will be provided a 15 dad notice of anN. site investi_ation, and will have the opportunity to participate in all site investigations. T) ate: Siz:.atuII- of appellant or Telephone number: Agenda Item No. 8H November 28, 2006 Page 36 of 85 NOTICE OF AUTHORIZATION ,,t� .< ...F ".�.. 'i.' �.� R. to — ' \2`;.t/1 ct P 9T, 11 - } 4 >: %� 'c, jti ..a p :r9 tl�ij`_ '`�pt•,il ri ' : -- Q :Y3' c I_,IH�iCJl4i;i;'trr �J,�'�•`ir;L. `� :; C.i I D _ >. i'o I S5 �_' (i .. i i •_ =: 'S, rte: � .. �` rZ to q L rlltR 4 *r. 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Q V Z Z O N ,Q z 0 Q U O O m 0 0 N d Lol 1107 m m 3&180 3UGHSAVe -TIL ON-anwe :jW8 W¢ W F m M� 7w�a o� to. f }-- Not •••�,■�y, i 1- mow•- �`�'�r- y Jill a. Q V Z Z O N ,Q z 0 Q U O O m 0 0 N d leb Bush Governor Agenda Item No. 8H November -28, 2006 Department of Page 49 of 85 Environmental Protection South District P.O. Box 2549 David B.. tuvhs Fort Myers, Florida 33902.2549 Secretary SUBMERGED LANDS AND ENVIRONMENTAL RESOURCE PROGRAM ENVIRONMENTAL RESOURCE PERMIT REV. 2 MUP- 2006 -AR -10052 CERTIFIED MAIL NO.. 7003 1010 00041397 2109 PROJECT #2006070016 RETURN RECEIPT REQUEMTED DATE, 8/15/06 CAROLINA VALERA PERMITTEE/AUTHORIZED ENTITY: A & D Enterprises of Naples Inc. c/o I& Michael Hawkins Turrell & Associates Inc.. 3584 Exchange Ave Suite B Naples Florida 34104 Permit/Authorization Number: 11- 0177046 -002 Date of Issue: December 22, 2003. Expiration Date of Construction Phase: December 22, 2008 County: Collier Project: construct 1,381 sq. ft. of commercial dock for an existing marina facility This permit is issued under the authority of Part IV of Chapter 373, Florida Statutes (F.S.,), and Title 62, Florida Administrative Code (F.A,C.). The activity is not exempt from the requirement to obtain a Environmental Resource Permit. Pursuant to Operating Agreements executed between the Department and the water- management districts, as referenced in Chapter, 62- 113, F C., the Department is responsible for- reviewing and taking final agency action on this activity.. The State of Florida herein notifies the U.S. Army Corps of Engineers and any other interested parties that this permit is issued under the "net improvement" provision of Section 403.918(2)(b), Florida Statutes, and does not constitute a Federal Water Quality Certification. Where applicable (such as activities in coastal counties), issuance of the environmental resource permit also constitutes a finding of consistency with Florida's Coastal Zone Management Program, as required by Section 307 of the Coastal Management Act.. The Title and Land Records Section, Department of Environmental Protection, has reviewed the location of the proposed project as described in the above referenced application and has determined that the project, as described, does not involve the use of'sovereign submerged lands. Accordingly, no further authorization will be required from the Submerged Lands and "More Protection, Less Process" Printed on recycled paper.. Agenda Item No. 8H November 28, 2006 Page .50 of 85 Penmittee: Mr.. Keith Main H / A&D Enterprises of Naples Inc. Permit No. 11 -0177046 -002 Page 2 of 11 Environmental Resources Program, designated agent to the Board of Trustees of the Internal Improvement Trust Fund, pursuant to Chapter 253.77, F.S. A copy of this authorization also has been sent to the U.S. Army Corps of Engineers ( USACOE) for review. The USACOE may require a separate permit_ Failure'to obtain this authorization prior to construction could subject you to enforcement action by the USACOM You are hereby advised that authorizations also may be required by other federal, state and local entities. This authorization does not relieve you from the requirements to obtain all other required permits and authorizations. . The above named Permittee is hereby authorized to construct the work shown on the application and approved drawing(s), plans and other documents attached hereto or- on file with the Department and made a part hereof. This permit is subject to the limits, conditions, and locations of work shown in the attached drawings, and is also subject to the attached 1 -19 General and 1 -14 Specific Conditions, which are a binding part of this permit. You are advised to read and understand these drawings and conditions prior to commencing the authorized activities, and to ensure the work is conducted in conformance with all the terms, conditions and drawings. If you are utilizing a contractor, the contractor also should read and understand these drawings and conditions prior to commencing the authorized activities. Failure to comply with all drawings and conditions shall constitute grounds for revocation of the permit and appropriate enforcement action. Operation of the facility is not authorized except when determined to be in conformance with all applicable rules and with the general and specific conditions of this permit /certification/authorization, as specifically described below. ACTIVITY DESCRIPTION: Is to_000119luat ' •iced 1X rub i' mi ' ftwPXft One !r' 0!100 .02 ACTIVITY LOCATION: Located 2818 Lakeview Drive, Collier County, Section 14, Township 50 South, Range 25 East, Class Ill Waters GENERAL CONDITIONS: 1. All activities authorized by this permit shall be implemented 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 a violation of Part Four of Chapter 373, Florida Statutes (F.S.). Agenda Item No. 8H November 28. 2006 . Page 51 of 85 Permittee: Mr. Keith Main H / A &D Enterprises of Naples Inc. Permit No. 11- 0177046 -002 Page 3 of 11 2_ This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete perrmt.shall be available for review at the work site upon request by the Department staff. The permittee. shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit.. 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 violations of'state water quality standards_ Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within seven (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 permitted 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- Six of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), unless a project- specific erosion and sediment control plan is approved as part of the permit, Thereafter, the perraittee 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 Department of the anticipated construction start date within thirty (30) days of the date that this permit is issued. At least forty -eight (48) hours prior to commencement of the activity authorized by this permit, the permittee shall submit to the Department an "Environmental Resource Permit Construction Commencement" notice (Form No. 62- 343.900(3), Florida Administrative Code (F.A.C.)) indicating the actual start date and expected completion date. 5.. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the Department on an annual basis utilizing an "Annual Status Report Form" (Form No. 62.- 343..900(4), F..A,C).. Status Report Forms shall be submitted the following June of each year. 6. Within thirty (30) days after cotnpladon of construction of the permitted activity, the permittee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law utilizing the supplied "Environmental Resource Permit As -Built Certification by a Registered Professional" (Form No. 62- 343.,900(5), F.A..C.).. The Statement of completion and certification shall be based on on -site observation 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 Department that the system is ready for inspection. Additionally, if deviations from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations note_ Both the original and revised specifications must be clearly shown. The plans must be clearly labeled as "as- built" or Agenda Item No- 8H November 28, 2006 Page 52 of 85 Permittee: W. Keith Main H / A&D Enterprises of Naples Inc. Permit No. 11 -0177046-002 Page 4 of 11 "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: until the pemaittee has complied with the requirements of condition number six (6) above, has submitted a `1%gtiest for Transfer of Environmental Resource Permit Construction Phase to Operation Phase" (Form 62- 343900(7), F.A.C.); the Department determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the Department 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 -- August 1995, 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 Department, the permittee, shall initiate transfer of permit to the approved responsible operation entity if different from the permittee. Until the permit is transferred pursuant to Section 62- 343.110(1)(d), RA.C.., the permittee shall be liable for compliance with the terms of the permit. 8.. Each phase or independent portion of tho 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 by 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 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 with this permit, such easement or deed restriction must be recorded in the public records and submitted to the Department along with any other final 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 Water- Management District -- August 1995, prior to lot or unit sales or prior to the completion of the system, whichever occurs fast. Other documents concerning th e establishment and authority of the operation entity must be filed with the Secretary - of State where appropriate_ For those systems which are proposed to be maintained by the county or municipal entities, final operation and maintenance documents must be received by the Department 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 permittee remaining liable for carrying out maintenance 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 Department in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. Agenda Item No. 8H Novel -nber 23, 2006 .Page 53 of 85. Permittee: Mi. Keith Main 111 A &D Enterprises of Naples Inc. Permit No 11 -0177046 -002 Page 5 of 11 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations 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, F.A.C. 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'Tiustees of the Internal 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 authorization from the Board of Trustees prior to commencing activity on sovereignty lands or other state owned lands. 13. The permittee is advised that the rules of the South Florida Water- Management District require the permittee to obtain a water use permit from the South Florida Water Management District prior- to construction dewatering, unless the work qualifies for a general permit pursuant to subsection 40E- 20.302(4), F_A.C., also known as the "No Notice" rule.. 14. The permittee shall hold and save the. Department harmless from any and A damages, claims, or- liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by this permit. 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 Department in writing within 30 days of any sale, conveyance, or other 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 Section 62- 343.130, 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, Department authorized staff with proper identification shall have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit_ 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate Department office. Agenda Item No.. 8H November 28, 2006 Page 54 of 85 ry Permittee: I& Keith Main II I A&D Enterprises of Naples Inc. Permit No. i 1 -0 177046 -002 Page 6 of 1 I 19. The permittee shall immediately notify the Department in writing of any previously submitted information that is later, discovered to be inaccurate. SPECIFIC CONDITIONS: MANATEE PROTECTION: The permittee shall comply with the following manatee protection construction conditions: a.. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees., All construction personnel ii-6 responsible for observing water - related activities for the presence of manatees. b. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees, which are protected under the Marine Mammal Protection Act of 1972, The Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act., C. Siltation barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entrapment. Baniers must not block manatee entry to or exit from essential habitat. d. All vessels associated with the construction project shall operate at no wake/idle speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four--foot clearance from the bottom., All vessels will follow routes of deep water whenever possible.. e. If a manatee is sighted within 100 yards of the project area, precautions shall be implemented by the permittee and the contractor to ensure protection of manatees. These precautions shall include not operating any equipment closer than 50 feet to a manatee, and immediately shutting down equipment if a manatee comes within 50 feet of the equipment. Activities will not resume until the manatees have departed the project area of their own volition. f. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at 1- 888-404 -FWCC (1- 888-444- 3922). Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1- 904_232 -2580) for North Florida or in Vero Beach (1- 561 - 562 -3909) for South Florida, g.. Temporary signs concerning manatees shall be posted prior to and during all construction/dredging activities.. All signs are to be removed by the permittee upon completion of the project.. A sign measuring at least three feet by four feet which reads "Caution; Manatee Area' shall be posted in a location prominently visible to water related construction crews.. A second sign Aaenda ,item. No. 8H Novemb.er 28, 2006 Page 55 of 85 Permittee: Ml•, Keith Main If / A&D Enterpiises of Naples Inc. Peimit No. 11- 0177046 -002 Page 7 of I 1 shall be posted if vessels are associated with the construction and shall be placed visible to the. vessel operator.. The second sign shall be at least 81/2 inches by I I inches and read: Caution.- Manatee Habitat. Idle speed is required if* operating a vessel in the construction area. All equipment must be shutdown if a manatee comes within 50 feet of the operation. Any collision with and/or injury to a manatee shall be reported immediately to the FWC Hotline at 1- 888 - 404 -FWCC (1- 888 - 404 - 3922).. The U.S., Fish and Wildlife Service should also be contacted in Jacksonville (1- 904 -232- 2580). for North Florida or in Vero Beach (I -561-562-3909). for- South Florida. Specific information on obtaining these signs may be obtained by contacting the Department or . FWC at (850) 922 -4330. CONSTRUCTION: 2., The Department of Environmental Protection Fort Myers District office, P. O. Box 2549, Fort Myers, FL 33902 -2549 shall be notified in writing 48 hours prior to commencement of work. 3. Best management practices (primarily turbidity screens) for erosion and turbidity control shall be implemented and maintained at all times during construction and operation of the permitted activity to prevent siltation and turbid discharges in excess of State water standards pursuant to Rule 62 -302, F_A.C.. The Permittee shall be responsible for ensuring that erosion and turbidity control devices and procedures are inspected and maintained daily during all phases of construction authorized by this permit until all areas that were disturbed during construction are sufficiently stabilized to prevent erosion, siltation, and turbid discharges.. 4- The permittee shall use concrete and or PVC wrapped pilings wheat indicated on the attached permit drawings for the floating docks authorized by this permit. Any CCA- treated pilings associated with the petmitted structure shall be wrapped with impermeable plastic or PVC sleeves in such a manner as to reduce the leaching of deleterious substances from the pilings. The sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least F above the seasonal high water line and shall be maintained oven the Iife of the facility., 5.. Within 30 days of construction completion, the Permittee shall submit to the Department a detailed report describing the completed construction and including as -built drawings showing all structures and bathymeuy of the project area. The submitted drawings shall be plan and cross - sectional view drawings, fully scaled and dimensioned, signed and sealed by a registered professional engineer, showing the entire project area. These drawings shall clearly indicate the deviations from the permit drawings attached to this permit. OPERATION: Agenda Item No. 8H November 28, 2006 Rage. 56 of 85_ Permittee: Mr. Keith Main II / A &D Enterprises of•Naples Inc. Permit No. 11 -0177046 -002 Page 8 of 11 6. The permittee shall install and maintain a display that provides information on the characteristics of manatees and the potential threat to the endangered species from boat operation. Permittee agrees to install and replace the signs in the event the signs fade or become damaged, and maintain these signs for the life of the facility. Permittee shall install, and display signs'withiri 30 days prior to completion of construction. The number, type, and procedure for installation should be in accordance with the handout "Permanent Manatee Signs", which can be obtained from the'.. Bureau of Protected Species Management, OES -BPS, 620 S. Meridian Street, Tallahassee Florida 32399 -1600 (phone: 850- 922 - 4330).. 7. The permittee shall install and maintain a literature display to distribute (at no charge) the "Collier County Manatee Protection Zone" booklets to boaters using the docking facility., The booklets are available free of charge from the Florida Inland Navigation District (561-627-3386). 8. All future authorized replacement pilings for support of the floating docking structures shall be non -CCA- leaching (recycled plastic, concrete, greenheart, or wrapped with impermeable plastic or- PVC sleeves in such a manner as to eliminate the leaching of deleterious substances from the pilings into the water column and sediments). The PVC sleeves shall be installed concurrently with the installation of the pilings, shall extend from at least 6" below the level of the substrate to at least 1' above the seasonal high water line and shall be maintained over the life of the facility. 9. Disposal of fish wastes in the water shall be prohibited for the life of the facility. 10 Facilities other than those stated herein shall not be constructed without an approved modification of this permit., 11.. All required submittals such as certifications, monitoring reports, notifications, etc., shall be submitted to the Florida Department of Environmental Protection, South District Office, P.O. Box 2549, Fort Myers, FL 33902 -2549. All submittals shall include the project name and indicated per-mit number when referring to this project. 12.. The permittee shall provide written notification to the Department's Fort Myers District office, P. O.. Box 2549, Fort Myers, FL 33902 -2549 within 72 hours of construction completion.. 13.. The following measures shall be taken by the permittee whenever, turbidity levels within waters of the State surrounding the project site exceed state water quality standards established pursuant to Rule 62 -302, F..A.C.: a.. Immediately cease all work contributing to the water quality violation. b. Modify the work procedures that were responsible for the violation, install more turbidity containment devices, and repair any non - functioning turbidity containment devices. C_ No4fy the DEP South District office at (239) 332 -6975 within 24 hours of the time the violation is first detected. 14.. Operation of the permitted facility shall comply with applicable State Water- Quality Standards, namely: Agenda Item No. 8H. November 2 , 2006 Page 57 of 85 Perinittee: Mr. Keith Main 11 / A&D Enterprises of Naples Inc. Permit No. 11 -0177046 -002 Page 9 of 11 62- 301500 — Surface Waters: Minimum Criteria, General Criteria 62- 302.530 — Table: Surface Water- Quality Criteria. RIGHTS OF AFFECTED PARTIES This permit is hereby granted. This action is final and effective on the date filed with the Clerk of the Department unless "a sufficient petition for an administrative hearing is timely filed under Sections 120.569 and 120.57 of the Florida Statutes as provided below.. If a su fficient petition for an administrative hearing is timely filed, this action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process.. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective = `: until further order of the Department- Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administtative hearing or request for an extension of time have expired. Mediation is not available., A person whose substantial interests are affected by the Department's action may petition for an administrative proceeding ( hearing) under Sections 120.569 and 120.37 of the Florida Statutes. The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000. Under Rule 62- 110.106(4) of the Florida Administrative Code, a person whose substantial interests are affected by the Department's action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000, before the applicable deadline. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 29- 106.205 of the Florida Administrative Code,. In accordance with Rules 28- 106.111(2) and 62410.106(3)(a)(4), petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3) of the Florida Statutes, must be filed within 21days of receipt of the written notice, whichever occurs first_ Under Section 120..60(3) of the Florida Statutes, however, any Agenda Item No. 8H November 28, 2006 Page 58 of 85 Permittee: Mr:. Keith Main 11 / A&D Enterprises of Naples Inc. Permit No. 11-0177046-M Page 10 of 11 person who has asked the Department for• notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The petiti oner shall mail a copy of the petition to the applicant at the address indicated above at the timer of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57 of the Florida Statutes_ A petition that disputes the material facts on which the Department's action is based must contain the following information: (a) The name and address of each agency 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 petitioner's substantial interests are or will be affected by the agency determination; (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 the ultimate facts alleged, including the specific facts that the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific Rules or Statutes that the petitioner contends require reversal or- modification of the agency's proposed action; and (g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency's proposed action. A petition that does not dispute the material facts on which the Department's action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule 28- 106.301.. Under Sections 120.569(2)(c) and (d) of the Florida Statutes, a petition for administrative hearing must be disrhissed by the agency if the petition does not substantially comply with the above requirements or- is untimely filed. This permit constitutes an order of the Department Subject to the provisions of paragraph 120,.68(7)(a) of the Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek,judicial review of the order under Section 120.68 of the Florida Statutes, by the filing of a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399 -3000; and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal.. The notice of appeal must be filed within 30 days from the date when the order is fled with the Clerk of Agenda item No. 8N Nbvernber 28, 2006 Paae 59 of 85 Perrnittee: Mr.. Keith Main II / A&D Enterprises of Naples Inc. Permit No. 11- 0177046 -002 Page 11 of 11 the Department., The applicant, or any party within the meaning of Section 373.114(1)(a) or 373.4275 of the Florida Statutes, may also seek appellate review of the order before the Land and Water' Adjudicatory Commission under Section 373.114(1) or 373.4275 of the Florida Statutes, . Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department., Executed in Fort Myers, Florida STATE OF FLORIDA DEPARTMENT OF ENV]RONMENTAL PROTECTION � ZJ Jo k I lehart Acting Director of District Management JMI/L AB /MlWpa Enclosures: 4 pages attached 6 drawings attached Copies furnished to: U..S S. Army Corps of Engineers, Fort Myers, log # 4052 Florida Fish and Wildlife Conservation Commission, Division of Law Enforcement Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Collier County Property Appraiser CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit, including all copies were mailed before the close of business on December ag . 2003, to the above listed persons. FLING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52(9), F,S., with the designated Department clerk, receipt of which is hereby acknowledged. + 12,12 7,1 Q 3 Cleric Date PROTECT: Agenda Item No. SH ember 28, 2006 Form k2- 343.9o0f31. F.A.. Page 60 of 85 Form Title: Construction Commencement Notice late, October 3. 1999 ENVIRONMENTAL RESOURCE PERMIT Construction Commencement Notice PHASE: I hereby notify the Department of Environmental Protection that the construction of the surface water management system authorized by Environmental Resource Permit No. has commenced / is expected to commence on 200 , and will require a diu4tion of approximately _ months weeks , days to complete. It is understood that should the construction term extend beyond one year, I am. obligated to submit the Annual Status Report for Surface Water Management System Construction- PLEASE NOTE: -If the actual construction commencement date is not known, Department staff'should be so notified in writing in order- to satisfy permit conditions. Permittee or Authorized Agent Phone Title and Company Address Date Agenda Item No. 8H November 28, 200.6 Page 61 of 85 Form $ 62-a43.900f41. F.A.C. Form TWe: Annual Status Reeart Date: October 3. 1995 ENVIRONMENTAL RESOURCE PERMIT ANNUAL STATUS REPORT FORM Florida Department of Environmental Protection Permit No. Project Name: County: Phase: The following activity has occurred at the above referenced project during the past year, between June 1, 19 and May 30,19_. Permit Condition / % of Completion Date of anticipated Date of Activity Completion Completion (Use Additional Sheets As Necessary) Benchmark Description (one per major control structure): Print Name Permittee's or Authorized Agent's Signature Phone Title and Company Date This form shall be submitted to the above referenced Department Office during June of each year for activities whose duration of construction exceeds one year. Agenda Item No. 8H November 28, 2006 Form C�a-S. 62 ,of 85 Form T1tle: As-B mt ..mss+:.. -a- a Date. October a.1 994 _ ENVIRONMENTAL RESOURCE PERMIT AS -BUILT CERTIFICATION BY A. REGISTERED PROFESSIONAL Permit Number: Project Name: . I hereby certify that all components of this surface water management system have been built substantially in accordance with the approved plans and specifications and are ready for inspection Any substantial deviations (noted below) from the approved plans and specifications will not prevent the system from functioning as designed when properly maintained and operated. These determinations are based upon on -site observation of the system conducted by me or by my designee under my direct supervision and/or my review of as -built plans certified by a registered professional or other appropriate individual as authorized by law. Name (please print) Company Name Company Address Signature of Professional Florida Registration Number Date City, State, Zip Code Telephone Number - (Affix Seal) Substantial deviations from the approved plans and specifications: (Note: attach two copies of as -built plans when there are substantial deviations) Within 30 days of completion of the system, submit two copies of the form to: Agenda.Etem No. 8H Mrmrrrm 28.2006 Form #62 343.9oof71 EA 9,.�Page 63 of 86 . Form.Titlo: Reauesttor7raee f r t2Overation a asa -: � �• Date: October 3. 1995 REQUEST FOR TRANSFER OF ENVIRONMENTAL RESOURCE PERMIT CONSTRUCTION PHASE TO OPERATION PHASE (To be completed and submitted by the operating entity Florida Department of Environmental Protection It is requested that Department Permit No, _ authorizing the construction and operation of'a surface water management system for the below mentioned project be transferred from the construction phase permittee to the operation phase operating entity. PROJECT: _ FROM: Name :, Address: City: State: Zipcode: TO: Name: Address: City: State: Zipcode: The surface Water management facilities are Nearby accepted for operation and mainteaaace in accordance with the engineers certification and as outlined in the restrictive covenants acid articles of incorporation for the operating entity. Enclosed is a copy of the document transferring tide of the operating entity for the common areas on which the surface water management system is located. Note that if the operating entity has not been previously approved, the applicant should contact the Department staff prior to filing for a permit transfer.. The undersigned hearby agrees that all terins and conditioas of the permit and subsequent modifications, if any, have been reviewed, are understood and are hearty accepted. Any proposed modifications shall be applied for and obtained prior to such modification. Operating Entity Name Title Telephone _ Enclosure: () Copy of'recorded transfer of title surface water- management system O Copy of plat(s) () Copy of recorded restrictive covenants, articles of incorporation, and certificate of incorporation CD LO 0 co Nall O W H a A fa z 3 0 14 1>01 1 LJ. � s m Q a m C1 z 2 1v p PA a rI W J LL EL v! '" OC U LL 0 0 t� ku 5 q "a�fm � � O .�.. cd S L V o —Al Wh o a� 4 y �wx 2 (7 � O D E UyF OF 11 ��e. 8H � SENT BY: THE PHOENIX ENVIRDNMENTAL GROUP; 850 878 2383; +r _. AUG-18-04 3: 01P M; Ag t� a / r. „�vem er -8, 2606 - -' -- Apge 65 of 85 VtdP DA- FISH AN- �UWIN Y_ RrlA13R2'$, DC PwwteoL J Wu.DUFE CONSER ATION RODNRY A"FxTO SAMBAT.1-4M S.A. •1[E¢jL%M tmaml ratrn BeS4 We= DAVry F-MFMAN St. r6u sh c8 a rrM n. MUM;), U wft Mwjur ?1MUR J NR[ 13M, Axdt ml RSoaa*ko Dkeo v Mi. Pamela Ammon Departmam of FanvironmenW Protection South District P.O. Box 2549 Ft. Myers, F7ocida 33902 -2S49 Dear Ms, Ammon, JOHN D. Rioon WCHARD A. C088= Jaeksonvtlle Thn"M aL MY n SUNUDO MO719craDAMM jW September 18, 2003 RECEIVE SE? 2 2 D.E.P. - South Ro: Manatee Impact Review, File No, 1I- 0177046-OO2,ESO4, A,dtD Eateaprises/Gulf Shores Maria, Haldeman Creek, Collier County. The Office of E nviroamental Smices of the Florida Fish and Wrldlifo Conservation Commissian has mviowed this application, and provides the following eommeuis. A copy of this letter will be scat to the V.S. Army Corps ofFnginews, Jadmonvitle District, in compliance with the Fish and Wddlifa Coor&xtation Act. Tbo applicant proposes to modify a docking faciay at an odsting site. The project site is located in a canal approximately 03 antes south of Haldeman Creek and 0.7S miles wmesst of the awdisft of 8 wet � t:I 41), and l�aaC ail � `�y' � � dr Sgps &W a temporary, t mo p WZL Ae a�Ptlf aas tf impacts to native habitat resoutroes such as submerged squatic vegetation are anticipated, we would Glee the opportunity to reavalwRe the project with additional information concerning the loss of habitat wcpected. It is our reo=znendation that the following measures, if they are made conditions of the permit; vn11 satisfy the requirements of373.414(lxa) 2, Flotida Statutes: 1- The standard manatee construction conditions shall be followed for all in -water construction, affEP CM sangt Ma ldfau Saur- Tsaabxm" • PL. - 32379 -1600 REV. 2 •,ww.R°rldeaza:a:ad;M MUP- 2006 -AR -10052 PROJECT #2006070016 DATE: 8 /15/06 CAROLINA VALERA N IN!lilll! ZIP �Q z � Z N 6 N U N O t11 X LL 0 Z 11J � � •per.{, 1+G� y LCJ� Q 4 J 3: 4 if c R �e a B _Q I z 3 0 9' 0 g U _Z iii. co Q g ��o �� Aq g iw z �O�+ N o �lX N 5 11 xo� g� V �.- z o= �y o z 'o 22: z CO mz aa0aa��� LU LL }��oMix O cr - -ag D 00 00�)U t/JLU0. 0 0� � .. N N �°dt�c ap�FrOn Rm a z °0 0 049V0 C ~� 1 al o � a d m.c 0� �I ^C •� J 'd 1 O iQ0 c lu z CL co x r 00ui N LU x LL- J o Z p b uj O a o 0 b/ R Q Z L1. �5 L d 3 0 z CD j LLLr y 3. c. C4 I i W G (� � O w z Ix W . o ZLL�z ry a SjL� Hr o_ oz wu�u°i�°j0"� LL Zg=`�w3 J -4 9 0-j ff Og<a 9 c � � oz��Zsoo��0 (9 o J N cs �o c� i wc� w ,a p=: o�a 3ar - :rFrn A Q v q za oaooaaoaa � co 0 o c, F 00 $ � �'• x t}' L6 3Nil 3NI'l 3NIl�U.2i3dOZid �� Nbi�dl$�- - �Mdliitidl2{ 3NI1.U2i3d02�d –' ��. o —zs� 0 Z 0 Y i st I, • �� •• •• 1� • • • ' , • LL loom 11 .. j rr U • r•• j `�o I s ! • � • a r r ►e zoom I s < LO I� 10 i 6' I(D a� i as `i U :j :. V; 0� 2 OZ °d2 O�� U. u U� o_ O �g � °r° � ti pay' Z Uz' ��jwa�0� .•-y ��d�a�d z gig - q CL Eli zo�►- U) U �pmp0�< co �z��ooWt3t�..o 0 M g " �aIa z0 000000000 b L6 U ui Y U O C (.7 Z Q O i LL �3 8 to Q MZ LL. Q C U W o E— 0 v/ UL J (D V �N N y z d o � wk �qao o � r tv v p ` � a d tLtor - M SENT BY: THE PHOENIX ENVIRONMENTAL GROUP; 850 878 2383; AUG t8 04 3:01PM; A its No. 8H ___.___ _._...,.,...,, .r.+a► r.�c�pvem er8, 2006 Flue 7n of Rr, M F R,IDA- FISH AN. ARM EDWIN P. R;DUMTS, DC I'ewxweoL 1W LDLIFE CONSER ATION RUDIVRtrRAMUM SANDX&T, rAUPR H.A. "IMWCY" tk[ia,�t PAYS 13eCh ;v.*. OAVW y- URWI&N bt. rst.►.ybors Ms. Paatela Ammon D%urUWM of F,aviroarnerttel Protection South District P.O. sox 2549 Ft. Mytra, Florida 33902 -2549 Dear Ms, Ammon, Joan D. ROOD 1uC ffARDA. CORR= JuksonvMs TAW" xU M OF FROTl�C 8rr 1 =M JrAl Segttmber 18, 2003 REC FVF SE, 2 2 D.E.P. - SWA Re: Manatee Impact Review, File No, 1I- 0177 046- 002-FiSO4, A&D EnterpriecadGulf Shores Mannar, I3aldewan Creek, Collier County. The Office of 1?nvirOnctental Services of the Florida Fish and Wildao Con„arvation Coaamissioa has reviewed this application, and provides the following eomraents. A copy of this letter will be scat to the V.S. Aamy Corps ofMlgineers, Ja&sonville District, in compliance with the Fish and Vurddlife Coordination Act, Tbc applicant proposes to m(x* a docking facility at an m bting site„ The project site is located in a canal approximatcly 0,5 :rules south cfHaldenw Creek and 0.75 miles west of the Tataiami TraO (U.S F3ivay 4I ), aea>seacat ary aotslU► c consisting of 8 wet fts,w . M »d: slips ad a ter"OmY, F'�o� arse. i° e a pfilcu�t owes ` If impacts to aativo habitat resources such as submerged aquatic vegetation are anticipated, wo would like the opportunity to travaluate the Project Vft additional information concerning the loss of habitat ,c tOcd. It is our recommendation that the following measured, if they are made conditions of the permit, will satisfy the requirements of373.414(Ixa) 2, FiOlrida Statutes: L The standard mu=se construction conditions shall be followed for all In -water construction, 6W Noun% Asertaha sneer *TVUAtraates • Fl.. 32b7 -1 Goo REV. 2 Mr+v,w..Ro:idaas. :crerae:c�.ory MUP- 2006 -AR -10052 PROJECT #2006070016 DATE: 8/15/06 CAROLINA VALERA Agen 'a Item No-ISH November 28, 2006 Page 71 of 85 SENT 8Y: THE PHOENIX ENVIRONMENTAL GROUP; 850 878 2383; AUG -16 -04 3:02PM; PAGE 3/3 ..,., 4•,00ir was JUMSON ENGINEERING 87591 P.009 Ms_ Pamela Ammon September 18, 2003 Page Z 2 The permittee shalt install and maintain a display that provides information on the characteristics of manatees and the potential threat to this endangered species fom boat operation: Permittee agrees to install and replace lice signs in the event the signs We or become damaged, sad maintain these signs fot the life of the facility. Permittee shall install and display signs within 30 days prior to cwnplction of construction. The number type, and procedure for installation sbouldbe in accordance with the handout "Perrnaner Manatee Signs", which can be obtained from the Bureau of Protected Species Management, OES -BPS, 620 S. Meridian Street, Tallahassee, FL 32399 -1600 (phone 8501922- 4330). 3. A literature display is installed to distribute (at no charge) the "Collier Canty Manatee Protection Zones" booklets to boaters using the docking facility- Tice booklets arc available free of ebwp from the Florida bland Navigation District (561- 627 -3386) or from Collier County. The above - mentioned recommeadRdOw are considered trec essary in order for this prof« to not significantly affect the conservation of wildlife. Please notify this office of the results of this manatee impact review by copy of the Intent to issue or Deny, and the final agency action Please do not hesitate to call meat (650) 922 -4330 if you have any questions, .. Sincerely, A ,W RiCh&rCj., Bnvim=cntal Specialist Bureau of Protected SpepesManaBtment Division of Wildlife 1AR c.,D"mocu�+m.vucv E°`� rsba�M.rr�.arw.eoa cc: U.S, Army Carps of EnOneers, Jacksonville Mr, aria Ptidgeou, USFWS -Tampa I& Nfiebad iiawkim p_�,p - Sash o;�ria Agenda Item No. 8H SENT 8Y: THE PHOENIX ENVIRONMENTAL GROUP; 850 878 2383; AUG -18 -04 3:02PM; NovFAQ56MA, 2006 UUMSON ENGINEERING #7591 P.Oo9 Page 72 of 85 M& Pamela Ammon September 18, 2003 Page 2 2. Tile permitter shall install and maintain a display that provides information on the characteristics of manatees and the potential threat to this endangered species from boat operation: Permittee agrees to install and replace the signs in the event the signs fade or become damaged, and maintain theso signs for the life of the fam'lity. Peremoc shall install and display sigr� within 30 days prior to completion of constructiaa The nu bar, type, and procedure for installation should be in accordance with the handout "Permanen Manatee Signs", which can be obtained from the Butcau of Protected Species Management, 0ES BPS, 620 S. Meridian Street, Tallahassee, TL 32399 -1600 (phone 850/9224330). 3. A literature display is installed to distribute (at no charge) the "Collier Cqunty Manatee Protection Zones" booklets to boaters using the docking facility. The booklets aro available free of charge from the Florida Inland Navigation District (561- 627 -3386) or from Collier County. The above - mentioned recommendations are considered xcessary in order for this projec to not significantly affect the conservation of wildlife. Please notify this office of tho results of this manatee impsa review by copy of the Intent to issue of Deay, and the final agency action. Please do not hesitate to call me at (650) 922 -4330 if you have any questions. Sincerely, Aare Richards, Environmental Specialist Bureau ofProtected Species Management Division of Wildlife /AR Ccvlrr&v*c%coww A^oFikrprbwowracmusera -Trinu..aoc CC: U.S. Army Corps ofEtz neeM Jacksonville Mr. BriartPridgeoa, USFWS -Tampa Mr. Micbael Hawkins RECEIVED $V,22W D.E.P. - Soulh Diwet Deborah L. Russell Elmer C. Wheeler 2667 Lakeview Drive Naples, FL 34112 October 30, 2006 Aaeno'a Item No. 8H November 28, 2008 Page 73 of 85 Collier County Commissioners Caroline Valera, Principal Planner Collier County Government Center Community Development 3301 E. Tamiami Trail 2800 N. Horseshoe Drive Naples, FL 34112 Naples, FL 34104 RE: Gulfshore Marina Redevelopment Proposed Rezoning of Lots 25 and 26, Block 4, and Lots 3 and 4, Block 5, Gulf Shores, Collier County Dear County Commissioners and Ms. Valera: We are writing to express our concerns about the proposed rezoning of Lots 25 and 26, Block 4, and Lots 3 and 4, Block 5, Gulf Shores Subdivision. Please note that we are not expressing any concern about the proposed rezoning of Lots 27 and 28, Block 4, and Lots 1 and 2, Block 5. There is an important distinction between these lots that we think has been overlooked. We are enclosing the following exhibits with this letter for your review: Exhibit 1 - Zoning Map Dated November 17, 2005, from the County's Website This zoning map shows the zoning of the referenced property as of November 17, 2005. As you can see, Lots 3 and 4, Block 5, and Lots 25 and 26, Block 4, are currently zoned RMF -6. Only Lots 27 and 28, Block 4, and Lots 1 and 2, Block 5, are currently zoned C- 4. Exhibit 2 - Notice of Neighborhood Information Meeting This is a copy of the Notice sent to the homeowners of the Gulf Shores Subdivision. Please note the highlighted portion of this Notice. It states that the property owner is petitioning to rezone the property from Commercial (C -4) to Mixed Use (MUP). Nowhere on this Notice does it disclose that the owner is also seeking to rezone the four referenced lots that are currently zoned residential (RMF -6) to Mixed Use. Agenda Item No. 8H November 28, 2006 Page 74 of 85 Exhibit 3 - Aerial View of the Neighborhood from the County's Website The highlighted lots on this aerial view are the four referenced lots that are currently zoned RMF -6. Please note the immediate proximity of the referenced lots to our single family homes. If you owned the single family home on Lot 24, Block 4, or Lot 5, Block 5, would you like your next door neighbor to be a boat storage building? Exhibit 4 - Recorded Deed Restrictions for Gulf Shores Subdivision When the Gulf Shores Subdivision was platted, the developer recorded deed restrictions to ensure that our residential neighborhood would be preserved as a residential neighborhood. Although the lots fronting on Kelly Road (now Bayshore) were platted and zoned to allow commercial uses, the lots fronting on the side streets of the subdivision were restricted to residential uses. As a buffer between the single family homes fronting on the side streets and the commercial buildings fronting on Kelly Road, the two lots on each side street closest to the commercial property were deed restricted to permit single family or multi family use. Although the deed restrictions of the referenced lots allow multi- family use, they impose the same setback requirements as those that are imposed on the single family lots. These are spelled out in Paragraph A of Section I. "No building shall be located nearer to the front line of a lot than 25 feet." (Please see the highlighted portion of the deed restrictions.) The purpose of these deed restrictions is to protect our residential neighborhood from the types of activities that would create noise, traffic, congestion or other conditions that would lessen the comfort and quiet enjoyment to which we, the single family homeowners, are entitled. When we attended the Neighborhood Meeting at the East Naples Library on September 7, the rezoning request was again characterized as a request to rezone commercial property to multi -use. We have no problem with the commercial property being rezoned to mixed -use, but we object to rezoning the residential property to mixed -use if the new use will disrupt the character of our residential neighborhood. We invite you to look back at the minutes from the Collier County Commissioners' Meeting when the Bayshore Zoning Overlay was first adopted. The original proposed zoning overlay allowed mixed -use on the referenced lots. This was vigorously opposed by the residents, including us. At the last hearing before the County Commissioners, we presented the Commissioners with an enlarged current aerial photograph of the property so that each of the Commissioners could see how a large marina building on the four residential lots would impact the adjacent single family homeowners. As a result of the Agenda item No. 8H November 28. 2006 Page 75 of 85 neighborhood opposition, the Bayshore Zoning Overlay adopted by the Commissioners did not allow mixed -use on the four referenced lots. The residential zoning and use was maintained. We are disappointed that we, the homeowners of Gulf Shores Subdivision, again have to fight this battle. And we are disappointed with how the zoning request is being presented to the public by the developer, by the press and by County Staff. This is not a request to rezone commercial property. The current commercial zoning allows the proposed use. This is a request to rezone residential property to allow a commercial use. The proposed use of the residential lots would allow a commercial boat storage building on lots that are zoned for residential use and deed restricted for residential use. In closing, let us clarify that we would like to see a new marina building on the site of Gulf Shores Marina, but not at the expense of the single family homeowners on Lakeview and Riverview. Our residential streets are subject to a 25 foot front yard setback. At the meeting, we inquired as to whether the site plan could be re- worked to comply with the deed restrictions. The developer responded that the marina has to make economic sense for him, and the proposed plan makes it economically feasible for his company to build the new marina. In cases where courts have considered deed restrictions, the courts have consistently stated that no case is exclusively controlled by economic considerations. Even in the face of changed circumstances, the courts have held that a deed restriction should not be set aside unless the change in conditions is so radical that the essential purpose of the restriction has been destroyed. Gulf Shores Subdivision was developed as a residential neighborhood. Although our neighborhood is finally experiencing an economic boom, the character of our neighborhood has not changed. We would welcome the opportunity to further discuss our concerns with you, with County Staff or with the developer. Lakeview Drive is our home. ' cerely, Deborah L. Russell Elmer C. Wheeler cc: Sanjay Kuttemperoor, Esq. David Woodworth AnnMarie and Brian Shimer r Cif Lo �0co -V O p co N ~ � �� a) n c > N O <z d ']H10 o\�Z Tio and & w M J O a mg t I n ]01 W M�tPF M c t ILN -.4 r- Ltt -26 [ -Lt F r E� z O rr9@ z O it 2 O �VF O Q O S N W 9 �3iy U O CL a z Ipl Q < I W U Q Z Z Z 1 I � I 1 I _ ! I a 1 1 1 I _ JNINOZ :NOISIAI2J 1SVI (1�y uM] ol j°or GtJ 1W O �� ara a . - MOM. mcm NEW ']H10 o\�Z Tio and & w M J O a mg t I n ]01 W M�tPF M c t ILN -.4 r- Ltt -26 [ -Lt F r E� z O rr9@ z O it 2 O �VF O Q O S N W 9 �3iy U O CL a z Ipl Q < I W U Q Z Z Z 1 I � I 1 I _ ! I a 1 1 1 I _ JNINOZ :NOISIAI2J 1SVI (1�y uM] ol Aaenda Item No. 8H November 28, 2006 IE <XH 1817' p Paoe 77 of 85 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Treviso Bay Marina, LLC represented by Chris Gray of VK Holdings, on: Thursday, September 7, 2006 at 6:00 PM at East Naples Library 8787 Tamiami Trail East Naples, FL Regarding Subject Property: Gulfshore Marina 3470 Bayshore Drive Naples, Florida Along Bayshore Drive, between Riverview Dr. and Lakeview Dr. �- ill, U ovs 1 DJ im.&M i r LOCATION MAP ZONING MAP PETITION aYUP- 2656- AR. 16652 Nil it � C>t l WEd 111111E IMP. Nip 11701 11111111111M. i Nil 10litil•� 1�1��01 Moos M MIN �i�1�1a1�1��w� � �Iillalllllll it I INS IIIIIlL11l�i1i111111_I� - .1111111111111 ■1�1111111�111 11111111! "11111111111 = �_ It11111C.�.�3.�t11111 3111111115011111111111 S IMMIN LOCATION MAP ZONING MAP PETITION aYUP- 2656- AR. 16652 Agenda Item No. 8H November 28, 2006 Page 78 of 85 The property owner is petitioning Collier County to rezone the property from Commercial (C -4) to Mixed Use (MUP) to allow for the redevelopment of a new marina facility with dry slips, amenity center and residential space. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend 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 October 7, 2006 to: Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Administration 2800 North Horseshoe Drive Naples, Florida 34104 (239) 213 -2948 Fax: (239) 403 -2395 Lindabedtelyon @colliergov.net Agenda Item No. 8H _ November 28, 2005 Page 79 of 85 NEIGHBORHOOD INFORMATION MEETING The public is invited to attend a neighborhood meeting held by Treviso Bay Marina, LLC represented by Chris Gray of VK Holdings, on: Thursday, September 7, 2006 at 6:00 PM at East Naples Library 8787 Tamiami Trail East Naples, FL Regarding Subject Property: Gulfshore Marina 3470 Bayshore Drive Naples, Florida Along Bayshore Drive, between Riverview Dr. and Lakeview Dr. �MIVMU-ffle. m kPI `.� -�t O 11 qM3 2 z "a r �1 LOCATION MAP ZONING MAP PETITION EfJ YP_ :aoa. &R. 10552 N1,11 W1,I InIQ EIJI �1111"Il��I•f MAN _ r ■���FORM I== !1!1lt1111�111111111 ='tom - nlilllllllllll � Illitllll�11111111111= ■L#l1111110111 IILlIIIIC.�:�3:�111111� `I111lIlll�i111111!l11� LOCATION MAP ZONING MAP PETITION EfJ YP_ :aoa. &R. 10552 Agenda Item No. 8H November 28, 2006 Page 80 of 85 The property owner is petitioning Collier County to rezone the property from Commercial (C -4) to Mixed Use (MUP) to allow for the redevelopment of a new marina facility with dry slips, amenity center and residential space. WE VALUE YOUR INPUT Business and property owners, residents and visitors are welcome to attend 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 October 7, 2006 to: Linda Bedtelyon Community Planning Coordinator Community Development & Environmental Services Administration 2800 North Horseshoe Drive Naples, Florida 34104 (239) 213 -2948 Fax: (239) 403 -2395 Lindabedtelyon @colliergov.net Print Map Agenda Item Page I o l November 28, 2006 Page 81 of 85 ® 2004. Collier County Property Appraiser. While the Collier County Property Appraiser is committed to providing the most accurate and up-to -date information, no warranties for the data herein, its use, or its Interpretation. EXH113i1 http:/ / maps. co llierappraiser .comlwebmaplmapprint.aspx ?title = &orient =LANDS CAPE &p aper =LE... 9/7/2006 IMAGE01 : FL -06 -9598 08/31/2006 03:57:57pm DOC: OR 22/74 t o► " 74 406= ' DES OF 83MICTIONS Agenda Item No, 8H November 28, 2006 PeIof4 of 85 Pa g This Deed of Restrictions, mad.^. this =day of 1957, between S.B. AI,LENDORF and C.E. SHELL, and r7EBME RDLL, developers, of the County of Collier, State of Florida, parties of the first part; and all future owners, parties of the second pert, of Blocks I through 7 inclusive of GULF SHORES according to a map or plat recorded in Plat Book _1� _, Page _10-1 an file and recorded in the Public Records of Collier County, Florida. SECTION I - RSSIONTIAI, The following described blocks and lots shall be zoned residential to wit: All of Block 7; All of Block 6; Lots 6 through 15 inclusive of Block 5; Lots 6 through 23 inclusive of Block 4; Lots 6 through 19 inclusive of Block 3; Lots 6 through 16 inclusive of Black 2; Lots 6 through 14 inclusive of Block 1. The Seller's will ponvey said land to the purchaser subject to the following use restrictions which shall run with the land, (A) The land shall be used for residential purposes only and no more than one residence, and customary outbuildings shall be erected on any one lot; provided that nothing herein contained shall be con- strued to prevent the grouping of two or more lots, or one lot and parts of other lots, for the erection of one residential unit, and in the event of such grouping the building set -beck lines shall apply to the perimeter of the grouped property. go building shall be located nearer to the front line of a lot than 25 feet, nor neerer'to the side lines than 6 fe*t, and the setback from the property lisle in the back yard shall, be at least 20 feet. (B) 411 buildings must b'e greeted of new materials and no build- ings of any character shall be moved onto the land; prov4ded that Developer may naive tUs requiro"n. t by vritten insttukeat vhen sstisfied that the and In keepting •with the se iqi j2s Y arm s N44t. ' ldJth fib. g 9a 1 .a--�F , i•� 10� • r. " .sit :: containim leas slew m ; . .. .°• i,..t i�:rt� .._ .. «.. :'JJ. ..... ?�.a Z'Wz EXH /arnr 8 IMAGE01 : FL -06 -9598 08/31/2006 03:57:57pm DOC: OR 22/74 Agenda Item No. 8H November 28, 2006 Page 83 of 85 Page 2 of 4 Me Kl A. 1 i Open porches, carports, and garagse• shall not be considered in computing Sach area. Wo corrugated metal roofs shall be used nor shall the exterior malls of any building be covered with sheet metal or building paper, felt, roll roofing or other similar material. The gain residential unit must be erected grior to or simultaneously with, the erection of any other structures. The outside of any house must be completed within six months of the time the structure is begun. The above restrictions pertaining to the quality of the building in Paragraph B shall also apply to any covered boat -house or dock. (C) Use of the land for an automobile trailer park is expressly prohibited. Nor shall any automobile trailer be parked on the land. (D) No outside toilets are permitted. All residential units must contain adequate interior plumbing for waste water and sewage which must be disposed of by septic tank, cr other means, meeting the requirements prescribed by the health authority having jurisdiction thereof. (E) No trash or sewage shall be dumped or drained into any canal. (F) No dock or other structure shall extend into any canal more than 5 feet from property line. (G) All boat slips dug into lots shall be bulkheaded within 90 days after they are dug unless written permission to the contrary is obtained from Developers. s3=10K 11 'T1 y1► ILLY �--- The following listed lots shall be included in this Multi- Family District to Witt Lots 3, 43 and 5 of Block 1: Lots 3,4,5, 19,20, and 21 of Block 2; Lots 3,!+,5,24 and 21 and 22 of Book 3: Lots 3,14,5,24,25,26 of Block Lots 3,4,5 of Block 5- (1, This disLrict shall permit dupiez's but each dwelling unit in every two family dwelling shall not contain less than 450 square feet. (2) The minimum inside floor dimension of any three unit apartment s*-e11 be °14 :quare test. (3) Xo building shall be located nearer to the front lot Agenda Item No. 8H November 28, 2006 IMAGE01 : FL -06 -9598 08/31/2006 03:57:57pm DOC: OR 22/74 Page of �f 85 OR' 22 76 line of a lot than 25 feet nor nearer to the side lines than 6 feet. (4) All restruc:aons net forth in B,C,D,E,F, and G in Uction I RESIDENTIAL, shall apply and be part of this section. SECTION III BU8INP•.83- C0)0MHCIAL -MTBl This Section shall cover the folloviug described lots to .pit: ,ots 1 and � or Block 1, Lots .,2,22 and L3 of Block c; Lots 3, 2, c; sn4 24 of Blo:k 3; Lots 1 and 2, 27 and 28 of B1vcX 4; Lots 1, and 'd of Block 5. (1) This district shall permit the usual rmtsil businesses classified as district H, I, I -2, I -B, ?, and Y under the regular 2:r,,lss City Zoning Ordinances but prchibSting lumber yards, and other offensive types of businesses. (2) No motel unit in this district shall contain ;ess than 150 square feet inside floor dimension nor shall any orfieo or store cpcco contain less than 440 square feet inside fluor dimensions. (j) All .restrictions set forth in B,'., D, E, V and G in Section I RESIDENTIAL shall apply and be part of this section. SECTION IV �HHM AND $NMP=t;EflT (A) These covenants are to run with the land and shall be binding on all parties and all person claiming under them. for a period of twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of twenty (20) years ualsss an instrument signed by a majority of the than owners of the lots has been recorded agreeing to change said covenants in whole or in part. (B) Enfornement shall be by proceedings at law or in equity against any person 0�7 Persons violating or attempting to violate =7 covenant either to restrain violation or to recover damages. IMAGE01 : FL -06 -9598 08/31/2006 03:57:57pm DOC: OR 22/74 Agenda Item No. 8H November 28, 2006 Page 85 of 85 Page 4 of 4 sery (C) Invalidation of any one of these covena;tts by judgement or court order ahall in no wise affect any of the other provisions which shall remain in full foroe and effect. IS WITNWS, Grantora have hereunto set their handz and seals, this / day of , 1957. Signed, Dialed and delivered is presence of: ..�5/ _i. i STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duty qualified to take acknowledit& nts, personally - Appeared S.B. ALLEMOW., E.E. SNELL, ano 'JEBSTER HULL tc me known to be the per :ons in and who executed the foregoing instrument a:sd ackrtovledged berorc a -e IrAt they executed the same. WITNESS my bV and offic aI seal In the County and State last aforesaid this ,1' day of , A.D. 1957. p My Commis sion expires: l:aysfS`l 1.059 ^� BenjajnlnR Green Parlcs o ' Notary Public v e, STATE OF FLOWK T th `OKM hue taa aoo�a nes „_ -_ _ -_JM or March co soon wJili�y ' Agenda Item No. 81 November 28, 2006 Page 1 of 513 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. CONSIDERATIONS: Section 10.02.13.13 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 report 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.D, then the PUD 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 term 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 PUD to PUD 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 corrected 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 Agenda Item No. 81 November 28, 2006 Page 2 of 513 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 Commercial/Neighborhood Village Center Uses that are located within the Recreational Center/Neighborhood 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 Management 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 Transportation Plan. Consistency with the Collier County Land Development Code (LDC): Section 10.02.13.D of the LDC requires the Board of County Commissioners (BCC) to make formal findings to support 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 BCC Page 2 of 6 Agenda Item No. 81 November 28, 2006 Page 3 of 513 1. The PUD and the Master- Plan are consistent with the current Growth Management Plan, including, but not limited to, density, intensity and concurrency requirements (LDC 10.02.13.D. 6. b. i); and No changes to the GMP have been adopted that would make the previously approved PUD inconsistent to the density and intensity requirements, however the project is no longer consistent with the current Conservation and Coastal Management Element consistency requirements. This PUD preserve location is inconsistent with GMP 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 (USAGE) approve the PUD's permit but without the flow -way. However, pursuant to the current guidance in the GMP 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 zoning (LDC 10.02.13.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 will not, by itself or in conjunction with other development, place an unreasonable burden on essential public facilities (LDC 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 flow -way 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 GMP policy 6.2.4. (1) and (2), environmental staff has deemed this petition inconsistent to the GMP. However, the PUD's document contains language to address other public facilities. As mentioned earlier any inconsistencies with the GMP and LDC will be corrected at submittal of the first application for development order (plans or plat). Staff Comments: The subject property is located north 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 Olde 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 property is Mirasol PUD approved for 799 residential dwelling units at a gross density of 0.51 units an acre which abuts the eastern edge of Heritage Bay DRI. PUDEX -06 -AR -9610 Terafina PUD September 26, 2006 BCC Page 3 of 6 Agenda Item No. 81 November 28, 2006 Page 4 of 513 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] permit 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 stormwater 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 Bank. 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 22.51 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 permit also states the permittee 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 forth 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 permitting 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 Corps 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 permits understands that the preserves now have to conform 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 permits 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 8.1.17 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 BCC Page 4 of 6 Agenda Item No. 81 November 28, 2006 Page 5 of 513 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 GMP is a multi - faceted document designed to serve as the County's guide for future growth and development. The GMP 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 GMP 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 GMP 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 Immokalee 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 Development on the future Logan Boulevard north of Immokalee 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 comprehensive 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 10.02.13.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 current Conservation and Coastal Management Element consistency requirements of the GMP ; and • The PUD Document and the Master Plan are no longer consistent with the current 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 BCC Page 5 of 6 Agenda Item No. 81 November 28, 2006 Page 6 of 513 • 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 BCC Page 6of6 Agenda Item No. 81 November 28, 2006 Page 7 of 513 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 81 Item Summary: This item was continued from the November 14, 2006 BCC meeting, and is further requested to be continued indefinitely. 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 Monies, is requesting two 2- year PLO 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 PLO and east of Dual Creek.. in Section 16, Township 48 Scuth, Range 26 East. Collier County, Florida. Meeting Date: 11/2612006 9.00.00 AM Prepared By Melissa Zone Principal Planner Date Community Development & Zoning & Land Development Review 10126!20061:10:04 PM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1012612006 2:31 PM Approved By Ray Bellows Chief Planner Date Community Development & Zoning & Land Development Review 1DI2612006 2:36 PM Environmental Services Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 10126120064:46 PM Approved By .—�.,. Marlene Stewart Executive Secretary Date Community Development & Community Development & 10/2612006 5:05 PM Environmental Services Environmental Services Admin. Approved By Donald L. Scott Transportation Planning Director Date Transportation Services Transportation Planning 10!3012006 10:15 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1013012006 4:17 PM Approved By Susan Murray, AICP Zoning & Land Development Director Date Community Development & Zoning & Land Development Review 10/3112006 1:03 PM Environmental Services Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. ti/3I2D06 1:04 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1113/2006 5:20 PM FoCD 0 6 C) z N O 00 00 N L C � <z Z eu O E- 4 W U O J RI a� >'q a� nrx m im n i -T -I >'q a� nrx m im V7 z 0 N W Z 0 F- U 0 0 a x w 0 d Z tl� gig UO [[ 8� oerunoa wrnsm sse'vo vna w B Z SP1 U n P W W ann>,rwe rkoos KIWI— enn .wxra> r +tm SNM 561Nd1] F� i� 7v Tj tl mns q g i V7 z 0 N W Z 0 F- U 0 0 a x w 0 d Z Agenda Item No. 81 November 28, 2006 Page 9of513 RESOLUTION 06- A RESOLU'T'ION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, REQUESTING TWO 2 -YEAR PUD EXTENSIONS FOR THE TERAFINA PUD (ORDINANCE 04 -15) WHICH IS SCHEDULED TO SUNSET ON MARCH 9, 2007, EXTENDING THE CURRENT PUD APPROVAL TO MARCH 912011; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Terafina PUD, Ordinance 04 -15 adopted on March 9, 2004, is subject the provisions of Section 10.02.13.1), of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Districts together with their respective Master Plans; and WHEREAS, the Terafina PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, The Board of County Commissioners has reviewed the PUD and has determined 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 fully set forth herein, 2. This Resolution shall constitute evidence of compliance with the review requirements of Section' 10,02.13.1) of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to March 9, 2011; at the end of which tune the owner shall submit to the procedures in LDC Section 10.02.13.D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second, and majority vote. Done this day of 12006, ATTEST; BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY FLORIDA By: , Deputy Clerk Apl 'over to form nel -1a1 sufficiency: irffte} A. latzkow Assist nt unty Attorney By: FRANK HALAS, CHAIRMAN COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV NET Agenda Item No. 81 November 28, 2006 Page 10 of 513 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 PROJECT #2002050014 DATE: 4127106 MELISSA ZONE NAME OF APPLICANT(S) KEVIN RATTERREE, VICE PRESIDENT OF G.L. HOMES OF NAPLES II CORPORATION, THE GENERAL PARTNER OF G.L. HOMES OF NAPLES ASSOCIATES II, LTD. ADDRESS 1600 SAWGRASS CORPORATE PARKWAY SUITE 300 CITY: SUNRISE STATE FLORIDA ZIP 33486 TELEPHONE # 954 753 -1730 CELL # E -MAIL ADDRESS: KEVIN. RATTERREE .GLHOMES COM AX # 954 575 -5240 NAME OF AGENT ROBERT DUANE ADDRESS 950 ENCORE WAY CITY NAPLES STATE FL _ZIP 34110 TELEPHONE # 239 254 -2049 CELL # FAX # 239 254 -2099 E -MAIL ADDRESS :_ BOBDUANEna HMENG COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PUD Extension Application Agenda Item No. 81 November 28, 2006 Page 11 of 513 Ely "°''"1%,.r I, rx COMPLETE THE FOLLOWING FOR ALL ASSOCIATION (S) AFFILIATED WITH THIS PETITION PROVIDE ADDITIONAL SHEETS IF NECESSARY, NAME OF HOMEOWNER ASSOCIATION: OLDS CYPRESS PROPERTY OWNERS HOME ASSOCIATION MAILING -ADDRESS: MS CAROL WtLSEY PRESIDENT 889 111TH 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: OLDS CYPRESS MASTER MAILING ADDRESS MS. SANDY HOULDSWORTH ASSOCIATION MANAGER 4501 TAMIAMI 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 1 15 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 --N/A Agenda Item No. 81 November 28, 2006 Page 12 of 513 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 Lid. By: G.L. Homes of NaRles II Corporation General Partner (See attached affidavit) PUD Extension Application Agenda Item No. 81 November 28, 2006 Page 13 of 513 STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, the undersigned' Notary Public, personally appeared N. Maria Menendez (the " Affiant"), to me well known to be the person who made and subscribed the following Affidavit, who, upon being first by me duly swom on oath, deposed and said as follows: 1. Affiant Is the Vice President of G.L. HOMES OF NAPLES II CORPORATION, a Florida corporation, the sole general partner of G.L. HOMES OF NAPLES ASSOCIATES 11, LTD., a 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 "Corporation "), having an address of 1600 Sawgress 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 ( "Florida Holding"), 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 partners of the Partnership are: (a) G.L. HOMES OF FLORIDA LIMITED CORPORATION, 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 corporation ( "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 take Boulevard, Suite 250, Minneapolis, Minnesota 55437. (1) The sofa 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 Afflant's knowledge and belief It is true, correct, and complete, Affiant further declares that Affiant has the authority to execute this Affidavit on behalf of the Partnership. S. 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 Affiant's personal assets on account hereof. 6. This affidavit Is being given to correct an in inadvertent inaccuracy contained in paragraph 3(b) of the Affidavit previously delivered to ColiFsr County In connection with that certain application for a Development Order Extension for the Terafina PUD by the Partnership, a copy of which Is attached hereto as Exhibit "K. Agenda Item No. 81 November 28, 2006 Page 14 of 513 G.L. HOMES OF NAPLES ASSOCIATES tt, LTD., a Fioride limited partnership G.fr, ItQML NAPLES ll CO PG}RATION, 2 Florid corporation, it e oral Pgr1ne ' By: / �I�c Marj,� �ne4nde, z„jVi g President.,, , SWORN TO AND SUBSCRIBER before me thisljst day of March, 2006. Name: Notary Public, State FOT o rjdQ ' Commission No.: o�Y vGf Anna St Personally known to me, or Commission # 00454514 Produced identification. Commission July 25, 2009 OF f'.- aoren9 troy �nin • lrswv,a, Y,c BCfi'Se6;ttt9 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 N /A Agenda Item No. 81 November 28, 2006 --- Page 15 of 513 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/ - g. Date subject property acquired ® leased ❑ Term of lease 5/512003 yrs. /mos. If, Petitioner has option to buy, indicate the following: Date of option: N/A 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. rt ONO .r _x twos -. k `xi��r �Eex- 's<-i7 �` �.r�_..� MON Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum i" to 400' scale) if required to do so at the pre - application meeting. ` NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. PLTD Extcnsion Application Sedion /Township /Range 16 _ 148S / 26E Lot: Block: Subdivi Agenda Item No, 81 November 28, 2006 Page 16 of 513 Plat Book Page #: property I.D. : 00183600000 Metes & Bounds Description: All of Section 16 Townshia48S R 26E Collier County FL less and except the westerly 80 ft. thereof. Size of property: 5280 ft. X 5260 ft = Total Sq. Ft 2,777,280 Acres 636.8 Address /general location of snbiect property One inile north of Tmmokalee Road north of the Olde Cypress PUD and east of Quail Creek y �c �r`- •";z3,ar::• ._ x - t'�"4 -u..._ _ �.�'r ¢, Ta�� x" ! �� �y,.��t�"su� ra. Zoning Land use N PUD Parklands Vacant S PUD /Olde Cypress Residential /Golf Course E PUD Marasol Vacant W PUD _Quail West / Golf Course Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section /Township /Range N/A Lot: Block: Subdivision Plat Book Page #: Property 1.1) Metes & Bounds Description: Has this Master Plan received any previous extension(s)? ❑ YES N 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? ❑ YES ® NO If YES, please provide a copy of the approved phasing schedule. PUB Extension Application Agenda Item No. 81 November 28, 2006 Page 17 of 513 Has the Master Plan sunsetted? ❑ YES ® NO If NO, please indicate the date that it will be sunsetted: March 9 2007 and explain why the Master Plan will be allowed to sunset: The PUD is not proposed to sunset 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. Terafina was originally rezoned by ordinance 01 -71 and subsequently rezoned by ordinance 04 -15 Is the extension requested for: ❑ the entire original development, or ❑ phase(s)? If for phases, please indicate the phase number(s): Please explain how the Master Plan remains consistent with the current Comprehensive Plan, including density, intensity and concurrency requirements. 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 Agenda Item No. 81 November 28, 2006 Page 18 of 513 Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. include any additional materials and documentation in support of the request. Deed Restrictions_ The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use Petitions on the subiect property. To your knowledge, has a public hearing been held on this property within the last year? ❑ Yes ® No If so, what was the nature of that hearing? A Developer Contribution Agreement is scheduled to ao before the S.C.G. in 2006 for this P.U.D. Hearing will ikel 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 "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six i6l 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 10.03.05.Q.) GENERAL INSTRUCTIONS Application information must be clearly printed or typed. All material must be legible and completed in full. All requirements must be submitted as indicated below, unless otherwise determined during the pre - application meeting. GENERAL APPLICATION To be completed in full. PRE - APPLICATION MEETING NOTES Provide copies of notes taken at pre - application meeting PROJECT NARRATIVE Provide a written statement describing how the criteria listed in subsection 10.02.12 of the Land Development Code have been met. PUD Extension Application Agenda Item No. 81 November 28, 2006 ADDRESSING CHECKLIST FORM Page 19 of 513 - Must be completed and approved by the Addressing Department, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403 -2482, FAX (239) 659 -5724 PUD DOCUMENT Original PUD approval ordinance. FEES Required fee in the amount of $1,000.00 per current Fee Schedule. Check shall be made payable to: Collier County Board of Commissioners. AERIAL PHOTO Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Sold aerial shall identify plant and /or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07). OWNER /AGENT AFFIDAVIT Affidavit signed by owner authorizing agent to act as representative. Must be signed and notarized. WARRANTY DEED A copy of the last recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. MASTER PLAN Master plan no larger that 24" X 36 ", drawn to a maximum scale of 1 Inch equals 400 feet, [and one reduced 8 1/2" X 1 1" copy] depicting the following: it all existing and proposed structures and the dimensions thereof ' provisions for existing and /or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site) ' all existing and /or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled] ■ required yards, open space and preserve areas ' proposed locations for utilities (as well as location of existing utility services to the site ' proposed and /or existing landscaping and buffering as may be required by the County PUD Extension Application OTHER Agenda Item No, 81 November 28, 2006 After initial review of the request, staff will determine what if any additional information age 513 required to substantiate the request. The applicant's agent will be notified. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees PUD Extension Application Agenda Item No. 81 November 28, 2006 13 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET No. of Copies 11 ►1 �1 ►f r•:1 /1 .1 11 : /1 Completed Application Pre - Application Meeting Notes Master Plan 24" X 36" Master Plan 8 1 /s" X 11" (See Exhibit A in Ordinance 04 -15) Approved PUD Ordinance (Ordinance 04 -15) Warranty Deed or Contract For Sale (See Exhibit 8 in Ordinance 04 -15) Owner /Agent Affidavit, signed & notarized Aerial Photos with Habitat Areas Identified (See FLUCCS & wefland aerial) Addressing Checklist Required Fees (See enclosed check # 00000814) EIS (older than 5 years ok for this purpose per environmental reviewer) Traffic Impact Statement (See 2001 traffic 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 on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent /Applicant Signature Date PUD Extension Application 1 ORDINANCE NO. 04—j5__ AN ORDINANCE AMENDING .ORDINANCE NUMBER 91 -102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8616N AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS TERAFINA PUD, FOR PROPERTY LOCATED APPROXIMATELY 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. 7._ r- .1 J Z) n AgInW4AV November 28, 2006 Page 22 of 513 WHEREAS, Robert L. Duane of Hole Montes, Inc., representing GLH Development LLLP, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 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 Number 8616N, as described in Ordinance Number 91 -102, the Collier County Land bevelopment Code, is hereby amended accordingly. SEMQN TWO: Ordinance Number 01 -71, known as the Terafina PUD, adopted on November 27, 2001, by J the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Page 1 of 2 PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4/27106 MELISSA ZONE 1 Agenda Item No. 81 November 28,'2006 Page 23 of 513 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 gt day of Mitt'Cn , 2004. ATTEST,- •. Di111�VtjrTOCK, CLERIC m'•. Rtt4 "rr t�Iftn 1�1a..- �iproved;as to l orm and Legal Sufficiency Marjoti . Student Assistant County Attorney PUDZ- 2003- AR4328/R olsp BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: O'a�.t1 J-1-4z DONNA FIALA, CHAIRMAN Page 2 of 2 This ordinance filed with the Secretory of Stole's Offic,-e, _t�h�e is cloy af� ,-'2Da : I and acknowledgement of that filing received Ihhiso day of —• p c� Agenda Item No. 81 November 28, 2006 Page 24 of 513 TERAFINA A PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 1995087 REVISED BY HOLE MONTES ON JULY 25, 2003 REVISED BY HOLE MONIES ON NOVEMBER 29, 2001 REVISED BY COLLIER COUNTY ON OCTOBER 23, 2001 REVISED AUGUST 9, 2001 REVISED JULY, 2001 REVISED JUNE, 2001 REVISED FEBRUARY, 2001 DECEMBER, 2000 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. _� { —15 Amendments & Repeals _ 01 _ "1 Exhibit "A" F:1PUD Documents\Terafinao -I I- 04dean.doc I TABLE OF CONTENTS Agenda Item No. 81 November 28, 2006 Page 25 of 513 Exhibit A - PUD Master Plan Exhibit B — Legal Description Exhibit C — Cross Section of Shared Buffer Area between the Olde Cypress PUD and Terafina is FAPUD Docummis\Tcrafina\3 -1 1- 04c]can.doc Page SECTION I ... Statement of Compliance ................................ ..............................3 SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control ........ ............................... ..............4 SECTIO III N Statement of Intent and Project Description ......................................... 5 � p SECTION IV General Development Regulations.... ................. ..............................b SECTION V Preserve Area Requirements...... ..................... .............................16 SECTION VI Permitted Uses and Dimensional Standards for Residential Development......................... ............................................... .............................18 SECTION VII Permitted Uses and Dimensional Standards for the Recreation Center andCommercial Uses ...................................... .............................22 SECTION VIII, Development Commitments .............................. .............................27 I 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 is FAPUD Docummis\Tcrafina\3 -1 1- 04c]can.doc Agenda Item No. 81 November 28, 2006 Page 26 of 513 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 - district as depicted on the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with the Future Land Use Element of the Collier County Management Plan, which allows up to four (4) dwelling units per acre at this location or a maximum of 2,586 dwelling units. The proposed density is based on the original acreage contained in the PUD (646 acres at the time ofthe initial zoning approval) prior to the dedication of +9.2 acres for the extension of Logan Boulevard along the Terafina Logan Boulevard road frontage. The total number ofdwelling units proposed is eight hundred and fifty (850) on +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 asset forth in Objective 3 of the Future Land 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 of the Drainage Sub - Element of the Public Facilities Element. 7. All final development orders for this project are subject to the Collier County ConcurrencyManagement 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 feet of Convenience Commercial/Neighborhood Village CenterUses located within the Recreational Center/Neighborhood Village Commercial Centerdepicted on the PUD Master Plan is consistent with the Future Land Use Element PUD Neighborhood Village Center Subdistrict. F:v'UD Documcnts\Tcraiinal3 -1 E- 44clean.doc Agenda Item No. 81 November 28, 2006 -Page 27 of 513 SECTION II F PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PHYSICAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CON'T'ROL 2.1 Property Ownership The property to be rezoned is owned by. GLH Development, L.L.L.P. By: G.L. Homes of Naples Associates II, Ltd., the General Partner of GLH Development, L.L.L.P. By: G.L. Homes ofNaples 11 Corporation, the General Partner of G.L. Homes of Naples Associates II, Ltd. 2.2 Loa] Description The property to be rezoned is described as follows: Section 16, Township 48 South, Range 26 East, Collier County, Florida, less and except the west 80' thereof (conveyed to Collier County by that certain Warranty 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 of 1 -75, and 1 mile north of Immokalee Road. Phvsical Description The subject property is vacant at the time of the application for rezoning. This site currently drains from the northeast to the southwest. Soil types on the site are (3) Malafar Fine Sand; (7) I mmokalee Fine Sand; (14) Pineda Fine Sand and Limestone Substratum; (21) Boca Fine Sand; and (25) Boca, Rivieria, Limestone Substratum, and Copeland Fine Sands, depressional (16) Oldmar Fine Sand (10) 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 "Terafna 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 PUD zoning on the subject property. 4 FAPUD Documents \Terafina\3- 11- 04ciean.doc SECTION III STA'T'EMENT OF INTENT AND PROJECT DESCRIPTION 3.1 Introduction Agenda Item No. 81 November 28, 2006' Page 28 of 513 It is the 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 (LDC). The purpose of this Document is to set forth the regulations for the future development ofthe project that meet accepted planning principles and practices, and implement the Collier County Growth Management Plan. 3.2 Project Description The project contains 636.8 acres and includes land area for residential development including preservation areas comprising ( ±277.74 acres). The maximum number of dwelling units permitted is eight hundred fifty (850). The project will 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 community residents, including convenience commercial uses. Access will be provided from an existing sixty -foot (60') wide easement (recorded in O.R. Book 2429, Pages 0275 -0282 of the Public Records of Collier County Florida) that runs from Immokalee Road north to the southern property limits of the Terafina project, from there accesswill 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 01 -71 (the original Terafina PUD Ordinance) located along the westernproperty Iine thus providing access to the south to Imnlokalee Road and future access for lands located to the north. 3.3 Land Use Plan and Project 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 "A ". The PUD 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 permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within. this Document. B. The anticipated time of build-out of the project is approximately eight (8) years from the time of issuance of the first building permit, or 2011. However, actual build -out will depend on market conditions. 5 F-PUD Documents \Terafina\3- 11- 04cican.doc Agenda Item No. 81 November 28, 2006 Page 29 of 513 SECTION IV 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 Terafzna 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 Teraf na 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 Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. 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 Terafina PUD 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 be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC. E. Unless specifically waived through any variance or waiver provisions of any other applicable regulations, the provisions of those regulations not otherwise provided for within this PUD remain in full force and effect. In the event of conflict between the provisions of this PUD and the LDC, the provisions of this PUD shall govern. Items not specifically regulated by this PUD Ordinance shall comply with the provisions of the LDC. 4.2 Site Clearing and Drainage Clearing, grading, carthwork, and site drainage work shall be performed 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, shall 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 6 FAtPUD Doeumentsl' cmrinal3 -I 1- 04clean.doc Agenda Item No. 81 November 29­2606' Page 30 of 513 shall be counted toward the Countys open space and the retention of native vegetation requirements. '... ' 4.4 Proiect Plan Approval Requirements Exhibit "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 bythe PLTD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 32 of the LDC. Prior to the recording of the final subdivision plat, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building 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 of land occur, Section 3.3 of the LDC shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.5 Provision for Off -site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on -�� buildable portions of the project site, there is a surplus of earthen 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, wherebyofisite removal shall not exceed ten 00) percent of the total volume excavated up to a maximum of 20,000 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 of Section 3.5 of the LDC are applicable. 4.6 Lake Excavation and Set Back Reouirements 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 structures 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. 7 FA1PUD Documents\Tcrafinal3 -1 I- 04clean.doc Agenda Item No. 81 November 28, 2006 Page 31 of 513 4.8 Polling Places Polling places shall be provided in accordance with Subsection 3.2.8.3.14 of the LDC. 4.9 Native Vegetation The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. The preserve areas depicted on the PUD Master Plan comprise a total of (277.74 acres or forty -three (43) percent of the total site area and exceed the minimum preservation area requirement of twenty -five (25) percent. 4.10 Omen Space in addition to the areas designated on the PLID Master Plan as buffers and lakes, open space will be allocated within each 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 spade areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC. 4.11 Archaeological Resources The developer shall be subject to Subsection 2.2.25.8.1 of the LDC pertaining to archaeological -� resources in the event 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. 4.13 Architectural and Site Design Standards Development of commercial facilities within the recreation center shall meet the requirements of Division 2.8 of the LDC. 4.14 Signage 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 Terafina Planned Unit Development Ordinance shall govern. 2. For the purpose of the Terafina Planned Unit Development Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 8 FAPUD Docutnents\Tcrafnal3 -1 k- 04ctean.doc Agenda Item No. 81 November 28, 2006 Page 32 of 513 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. 4. All signs shall be located so as not cause sight line obstructions. 5. All internal project rights- of- waymaybe utilized fordecorative landscaped entrance featnres 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, and architectural style. All signage shall be of a pedestrian scale and shall be of a uniform 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 of the development. The sign shall be set back a minimum of 50 feet from the southern and/or 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) 10 feet. 3. Boundary markers maybe lighted provided all lights shall be shielded in a manner that prevents direct glare onto adjacent roadways or residences. C. Project 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 feet. If the 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 14 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. FAPUD Documents\Terafinal3 -1 1- 04ctean.doc Agenda Item No. 81 November 28, 2069 Page 33 of 513 D. Construction Entrance Signs `.._J 1. One sign, a maximum of 20 square feet is size, shall be permitted at each construction entrance, to identify the entrance as a construction vehicle entrance. No building permit is required. E. Internal Signs I . 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 house, or recreational areas. Individual signs shall be a maximum of S square feet per side in size, or signs maintaining a common architectural theme maybe combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of S. feet. There shall be no maximum number ofpermitted 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 W ", Or similar verbiage. No building permit 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. Signage within community recreation tracts shall 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. The 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 23 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 LDC. 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 Housin The owner of the subject property shall provide to 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) IO FAPUD DocumentsWerafina\34 t- Nclean,doc Agenda Item No. 81 November 28, 200'6' Page 34 of 513 prior to the dedication of f9.2 acres for the extension of Logan Boulevard along the Terafna Logan 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 terms and conditions the County deems necessary to achieve the goals of the work force housing program. 4.18 SidewalkOikepaths A. -.-Pursuant to Subsection 3.2.8.3.17 of the LDC and the following, sidewalksNke paths provisions shall be permitted as follows: 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 pathway on one side ofthe street and a five foot (5') pathway on the other side of the street, or in the altemative a five foot (5') wide pathway on both sides of the street, which may meander in and out of the right -of -way. 4.19 Streets and access improvements A. Street Right of Way Width Street right of way width: The minimum right of way width to be utilized for local streets and cul -de -sacs shall be fifty (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 (1,000) 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 / Sales Centers./ Sales Offices / Construction Offices A. Construction Offices 1. A temporary use permit shall 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 LDC. The Zoning Director may extend the temporary use permit for a time period equal to the date of the issuance of the last certificate of occupancy for the project, 's Ii F -APUD Documcnts\Tcrafinal3 -1 1- 04clean doc _Agenda. Item. No..$l November 28, 2006 Page 35 of 513 2. The model homes may use septic tanks orholding tanks forwaste disposal subject to permitting under Rule 64E06, Florida Administrative Code and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. Model Homes Sales Centers, and Sales Offices 1. Model homes, sales centers, and sales offices shall be permitted principal uses throughout Terafina PUD. 2. Model homes shall be "wet" or "dry" facilities. a. "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 1 of the LDC. 3.- Temporary use permits for model sales centers and sales offices that are located in permanent structures, other than dwelling units and dry model homes, shall not be required. 4. Temporary use permits for (a) model sales centers, (b) sales off ices 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 homes.shall be required. a. The temporary use permit shall be issued initially for a period of four (4) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with Section 2.7.4 of the LDC, except where the model sales center, sales office, or wet model home is single family detached structures 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. S. A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent 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 of a permanent structure which is other than a dwelling unit, a site development plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a conceptual site plan (CSP) which addresses the requirements of Subsection 2.6.33.4.1.11 of the LDC, or a site improvement plan, depending on the extent of the work required. All other dwellings unit types require SDP approval. 6. A maximum oftwelve(12) model homes shall be permitted within thisdevelopment prior to final plat approval as permitted above. Model homes to be located within a detached single- family dwelling unit may be approved following administrative approval of a plat 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. 12 FAPUD Docurnents %Terafina\3 -1 1 -04ctean.doe Agenda Item No. 81 November-2$;-2&06- Page 36 of 513 7. Unoccupied or dry model homes shall be permitted only in conjunction with an approved site development plan for a model sales center which provides adequate -= parking to support the models). Temporary use permits for occupied (wet) model homes shall require a conceptual site plan which addresses the requirements of Subsection 2.6.33.4.1.11 of the LDC. 8. These structures may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64BO6, Florida Administrative Code and may use potable or irrigation wells prior to the availability ofthe central utility system. Whenthecentral utility system is available, connection to the central system shall be made. 9. All other applicable provisions of the LDC pertaining to model homes, sales centers, sales offices, and construction office shall apply. 4.21 Changes and amendments to PUD Document or PLJD'Master Plan Changes and amendments maybe 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 maybe made by the developer in connection with any type of development or permit application required by the LDC. 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 determined 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: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Terafina PUD Document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1 of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following 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 of rights -of -way, other than a relocation of access points to the PUD, 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 Directorof a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval. Such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 13 FAPUD Documents\TerafmW -I E- 04elcan.doc Agenda Item No. 81 Novembur' 2"8; "2006' Page 37 of 513 4.22 Landscape Buffers Berms. Fences. and Walls Landscape buffers, berms, fences, and walls are generallypermitted as a principal use throughout the Terafina project. The following standards shall apply. A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms: 4:1 2. Ground covered berms: Internal to project -- 3:1. 3. Rip -rap berms: 1:1 with geotextile mat. 4. Structural walled berms: vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. Ifthe fence or wall is constructed on a landscaped berm, the wall shall 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. C. Entry gates, columns.and control gates and structures shall be limited to a maxirnrun height of thirty-five (3 5) feet at the proj ect entrance. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Terafina 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. D. 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, as F measured at the point of encroachment. E. A thirty (30) foot wide shared buffer shall be provided between the Terafina project and the Olde Cypress project to the south outside of the flow way areas depicted on the PUD Master Plan in accordance with Exhibit "C" of this Ordinance. 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, alongwith plans showing the locations and cross - sections of the fill storage areas shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty -five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 4.24 General Permitted Uses . Certain uses shall be considered general permitted uses throughout the Terafina 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 of the common infrastructure or are considered community facilities. 14 FAPUD Documents \Terafinal3- 11 -04ciean_doc Agenda Item No. 81 November 28, 2005 Page 38 of 513 A. General Permitted Uses: 1. Essential services as set forth under Subsection 2.6.9.1 of the LDC. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. 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 wails subject to the standards set forth in Section 4.22 of this PUD ordinance. 9. Stock pile storage subject to the standards of Subsection 3.5.7.10.10 of the LDC. 10. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD, as determined by the Board of Zoning Appeals. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or sidewalk or edge ofpavem ent 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. 2. Minimum distance between unrelated structures — twelve feet (12') 3. Maximum height of structures — See Table 1, 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 ten (10) foot setback from the property line. F:tPUD Documcros\Teratinal3 -1 1- odclw.doc 15 lD SECTION V PRESERVE AREA REQUIREMENTS 5.1 PURPOSE Agenda Item No. 81 November 28, 2006 Page 39 of 513 The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A ", PUD Master Plan. 5.2 PERM17MD 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, shall be erected, altered or used, or land used, in whole or part, for other than the following structures in accordance with Policy 6.2.6 of the Conservation and Coastal Management Elerneint of the Growth Management Plan: A. Permitted Principal Uses and Structures 1. Passive recreation areas, boardwalks and recreational shelters; - 2. Biking, hiking and pervious nature trails; _ f 3. Water management structures; 4. Mitigation areas; 5. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses of this PUD as determined by the Zoning Board of Appeals. B. Development Standards: 1. Minimum Yard Requirements a. Principal structures shall be required to have a minimum setback of twenty -five (25) feet from preserve areas. 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 twenty -five (25) foot setback will be maintained for principal structures from wetland areas. I6 FAPUD Documertls \TeratinaU.11- 04clean.doc } Agenda Item No. 8[ November 28, 2006 Page 40 of 513 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 ofthat 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 HeiLht Twenty five (25) Feet FAPUD Documents \Terafina\3 -1 t- 04clean.doc W1 Agenda Item No. K November 28, 2006 Page 41 of 513 SECTION VI ._. - PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT 6.1 Puraose The purpose of this Section is to identifypermitted uses and development standards for areas within the Terafina PUD designated for residential development on the PUD Master Plan, Exhibit "A ". 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. Dwelling units may be single family or multifamily. 6.3 General Description The PUD Master Plan designates the following 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-04-Way acres 7.11 _ 4. Lakes 4. 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 Struchires No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family detached dwellings 2. Zero -lot line dwellings 3. Two - family and duplex dwellings 18 FafUD DoeumentstTerafinal3 -1 1- 04c]can.doc Agenda Item No, 81 November 28; 200J6 Page 42 of 513 4. Single family attached and townhouse dwellings S. Multi - family dwellings, including garden apartments 6. Recreational facilities such as parks, play grounds, and pedestrian sidewalks/bikepaths - 7. Model homes and sales centers 8. 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. Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal residential uses permitted 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. FAPUD Docwnents \Terafina\3- 11- 04clean.doe [l d" y �.f Agenda Item No. 81 November 28, 2006 Page 43 of 513 6.5 Development Standards TABLE l DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI- .AMIL STANDARDS FAMILY LOT FAMILY FAMILY FAMII,Y DETACHED LINE & ATTACHED DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 S.F. 3,000 U. per I AC S.F. d.u. Minimum Lot Width 50 35 45 30 100 Front Yard Setback 20 15 15 20 20 rinci al and accessory uses Side Yard Setback 6.0 0 or l2 0 or 6 0 or 12 .5 BH Rear Yard Setback:_Principal 20 20 20. 20 25 — lots back to back. Rear Yard Setback: Principal 10 t0 10 10 l5 — lots abutting lakes easement areas and common open space areas Rear Yard Setback .Accessory 10 10 10 10 10 Structures 5 5 5 Rear Yard Setback: accessory 5 5 pools and spas$) — lots back to back. Rear Yard Setback: accessory 3 3 3 3 3 screen enclosures — lots back to back. 3 Rear Yard Setback: accessory 3 3 3 3 pools and spas") — lots abutting lakeB easement areas and common open s ace areas Rear Yard Setback: accessory 0 0 0 0 0 screen enclosures — lots abutting lakeer easement areas and common o en s ace areas 35 35 35 Maximum Building Hei t 35 35 Distance Between Structures N/A N/A N/A 10 .5 DH Floor Area Min. SF 1600 1400 1200 1200 1200 Preserve Area Setback: 25 25 25 25 25 Principal Structures Preserve Area Setback: 10 10 10 10• 10 Accesso Structures All distances are in feet unless ottierwise notea. BH = Building Height FAPUD Documents\Terafinal3 -1 1- 04clean.doe Agenda Item No. 81 November 28, 2006 Page 44 of 513 Notes 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 still maintained. 3. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ... twelve (12) foot sideyard. 4. Setbacks shall be measured from the back of the sidewalk to the face of the garage door and shall be no Iess 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. All development lots/units shall meet Sections 2.4.6 and 2.4.7. respectively, of the LDC standards for minimum landscape and buffers_ A. Building height shaII be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof, and to the mean height Ievel between eaves and ridge ofgable, hip or gambrel roof. Accessory buildings shall be limited to a height of twenty -five (25) feet above grade. B. 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 harmonious 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 between different housing types meeting at a minimum the standards of Division 2.4, Landscaping of the LDC. 3. Separation of housing types by common amenities. C. 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. D. Only single family detached and zero lot line dwelling units are permitted along the southern property line adjacent to the Olde Cypress PUD, outside the flow -way depicted on the PUD Master Plan. 21 FAPUD D0cumenLq%7- eraf3na13 -I i- o4clean.doc Agenda Item No-8.1. November 28, 200 Page 45 of 513 SECTION VII l; ^ PERMITTED USES AND DIMENSIONAL STANDARDS FOR RECREATION CENTER/NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES 7.1 Purpose -- The purpose of this Section is to identify permitted uses and development standards for areas within Terahna PUD designated on the Master Plan as "Recreation Center I Neighborhood Village Center". 7.2 General Description The approximate acreage of the 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 the LDC. The Recreation Center/Neighborhood Village Commercial Center is designed as a mixed use area which will accommodate a variety of active recreational and personal services for the Terafina residents and guests. 7.3 Permitted Uses and Structures No building or structure, or part thereof shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Recreational facilities and structures such as pools, fitness facilities, clubhouse, community buildings, playgrounds, piayfields, and tennis courts. $. Commercial uses permitted in Section 7.4(G) of this Document. C. Permitted accessory uses and structures I. Accessory uses and structures customarily associated with principal uses permitted 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 of this PUD as determined by the Zoning Board of Appeals. 7.4 Developmenl 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 FAPUD Docurn "tfferafina\3- 11- 04dean,doc Agenda Item No. 81 November 28' MMM" Page 46 of 513 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 preserve area. Accessory structures shall have a minimum of a ten 00) foot setback. H. Maximum hei t of structures — Fifty (50) feet; except clock towers or similar architectural features which shall be permitted up to sixty -five (65) feet. 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 of 5,000 square feet of gross leaseable floor area for commercial uses is permitted within the Recreational Center/Neighborhood Village Commercial Center. G. The requirements for the Recreation Center/Neighborhood Village Commercial Center component of the PUD are set forth as follows: 1. Land area requirement. Commercial uses shall not exceed a maximum of 5,000 square feet of gross leaseable floor area in the Recreation Center/Neighborhood Village Commercial Center. 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. Permitted Commercial uses as set forth in Subsection 2.2 20.4.7.1.3.1 of the LDC in effect as of the date of adoption of this PUD Ordimance• Major Cate o Specific uses: a. Groups 6021 -6029 Commercial banks - Drive- through facilities are nrnhiibifed . 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. ft: maximum floor area. f: Group 5411 Grocery stores, except frozen food and freezer plants, 10,000 sq. ft. maximum floor area. Group 5421 Fish, meat, and seafood markets FAPUD Documents tTemfina\3- 11- 04clean. doe 23 Agenda Item No_ 81 November 28, 2005 Page 47 of 513 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 stops. 1. Groups 5611 -5661 Apparel and accessory stores - 2,500 s . ft. maximum floor area. m. Group 5735 Record and prerecorded to a stores. n. Group 5812 Eating places, except caterers and industrial and institutional rood service establishments, dinner theaters, drive -in restaurants and restaurants with drive - through facilities. o. Group 5921 Liquor stores. p. Grou 5947 Gift, novelty, and souveniL!tqps. q. Group 5949 Sewing, needlework, and piece Dods stores. r. Group 5992 Florists s. Group 7212 Agents for laundries and drycleanerrs only. t. Group 7215 Coin - operated laundries and dry cleanin . u. Group 7219 Diaper - service, and garment alteration and repair shops only._ v. Group 7231 Beauty shops, except beauty schools and cosmetolo schools. w. Group 7241 Barber shops, except barber eolle es. x. Group 7299 Depilatory salon, electrolysis, massage parlor, shopping service for individuals, and tanning salons onl . y. Group 7349 Housekeeping and maid service only. z. Group 7841 Video tape rental. aa. Group 799] Ph ical fitness facilities bb. Groups 8011 -8021 Offices and/or clinics of physicians, and offices and/or clinics of dentists. cc. Group 8041 Offices and clinics ofchiro ractors. 4. Permitted on- Commercial uses: In addition to the above commercial uses, the Recreation Center/Neighborhood Village Commercial Center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center. 24 FAPUD DocumentskTeraSnW- 11- ©4dcan.doc _ Agenda Item No. sl November 28, 2006 Page 48 of 513 5. Unified plan of development and common ownership. The Recreation Center / —� Neighborhood Village Commercial Center shall be a unified, and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center. 6. Locational criteria and functional operation. The following locationaI criteria and functional operating characteristics shall characterize the Recreation Center/Neighborhood Village Commercial Center: a. The Recreation Center/Neighborhood Village 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 shall be located, a minimum of 660 feet from the nearest external roadway providing access to the PUD. The Center shall be located a minimum of 330 feet froin the perimeter boundaries of the PUD. b. The Recreation Center/Neighborhood Village Commercial Center shall be located within a 1,760 radius of 40 percent of the total number of approved residential units. C. The Recreation Center/Neighborhood Village Commercial Center shall be pedestrian - friendly. This :Weans 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. Off- street parking and design. In recognition of the pedestrian- friendlydesign of the Recreation Center/Neighborhood Village Commercial Center, as required in section 2.2.20.14.5.c. of the LDC, the number of required off -site parking spaces shall only be 50 percent of that required by section 2.3.16 of the 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 shall be designed in accordance with the provisions of division 2.3 and 2.4 of the LDC. 8. Dcs� guidelines. The Recreation Center/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 otherwise excepted or required herein. 9. Signs. A unified sign plan shall be submitted and made apart of the approval for the Recreation Center/Nei gllborhood Village Commercial Center Site Development Plan. The approved unified sign plan will establish signage specifications and will therefore become the sign regulations that will apply to the Recreation Center/Neighborhood Village Commercial Center. The unified sign plan shall adhere to Section 2.8.3.6.2.1 of the LDC, except that pole signs are prohibited. Signs shall be designed so that their size and location are pedestrian - oriented. 25 F,TUD ]J ocumnntslTerafinal3- 11- 04clean.doc Agenda Item No. 81 November 28, 2M6 Page 49 of 513 10. Phasing of development. The construction of up to 5,000 square feet of permitted commercial uses at the option of the developer is allowed within the Recreation Center/Neighborhood Village Commercial Center at such time as the developer determines that there is a demand for limited commercial uses in the market place. F APUD Documents\Tcrafinal3 -1 1 -04cfean.doc 26 SECTION VIII DEVELOPMENT COMMITMENTS 8.I Environmental Standards Agenda Item No. 81 November 28, 2008 Page 50 of 513 The purpose of this Section is to set forth the environmental commitments of the project developer. A. Vegetative preserve areas depicted on the PLJD Master PIan 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 shall be designated as preservation areas on all construction plans and shali be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. B. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Department Staff. C. Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 of th LDC. For this site, a minimum of 277.74 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 Environmental Services Department Staff for review and approval prior to final site plan/canstruction 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 Commission (FFWCC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a habitat management plan for these protected species shall be submitted to Environmental Services Department Staff for review and approval prior to final site plan/construction plan approval. F. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals to which said regulations relate. G. Portions of the 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 oast in the Marisol PUD District to improve water management function in the general area and to lessen flooding. II. All principal structures shall have a minimum setback of 25 feet from the boundary of ar, preserve. Accessory structures and all other site alterations shall have a minimum 10 -foot setbacl I. All Category I invasive exotic plants, as defined by the Florida Exotic Pest PIant Council, shall be removed from within preserve areas and subsequent annual removal of these plants j (in perpetuity) shall be the responsibility of the propert y owner. 27 FAPUD Documents \Terafinai3- 11- 04clean.doc Agenda Item No. 81 November 28, 2006 Page 51 of 513 8.2 Transportation Requirements 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. 0l - 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. 4 C. Internal access improvements shall 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 Uniform 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 shall provide turn lanes at the project entrance prior to the issuance ofthe 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 of traffic 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 County. H. An additional twenty (20') feet of right -of -way shall be provided along the western edge of the Terafina project to provide for a total of eighty (80') feet of right -of -way along the extension of Logan Boulevard. A sixty (69) foot right -of -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 of platting or within ninety (90) days of the request of Collier County. I, The Terafina PUD 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 Terafina project at the time that the four- laning of Immokalee Road is complete up to C.R. 951. 8.3 Utility Reauirernents The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 28 F:\PUD Docurnents%Tcrarinal3 -1 1- o4ciean.doc Agenda Item No. 81 Novem15er- 28;'2ZG06' Page 52 of 513 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. 0l -156, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 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 the pump station with appropriately located valves to penWt for simple redirection of the project's sewage, when 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 well house. These sites will be spaced a minimum of %, of a mile apart. These facilities shall be located along the eastern edge of the Logan Boulevard right -of -way or, in the alternative, along a 30 foot easement along the northern property line shared with the Parklands PUD, if feasible. An easement or easements for these areas shall be conveyed to Collier County Utilities Department upon request. 8.4 Engineering Reguircments A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department, B. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services. staff prior 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. FA\PUD Documenls\TeruGnal3 -3 t- D4clean.doc 29 Agenda Item No, 81 Noven -&F :Z6 2006 Page 53 of 513 D. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County 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 development 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 maybe 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) permitting which is required for the subject property. D. A surface water management permit 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 "Amended and Restated Flow -way Agreement" between Imcollier Joint Venture, a Florida general partnership, as assignee of J.D. Nicewonder, GLH Development, LLLP, as successor in title to Robert Vocisano 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 shall be provided, The playground shall be located within the recreation area depicted on the PUD Master Plan. FAPUD r)ocumcnts\Teraftna\3 -1 t- 04cican.doc 30 Agenda Item No. 81 November 28, 2006 Paae 54 of 513 0 o i» r M M A j P H M M M M M M M 10 r e tl < • Nr W � a h ;.0 !l: •.• ti ?�!. �.� Ls• t. .1 Y..: k t�"c1s �. i' � + •y;�c n r7� ;r l 1^rFq'rii�yfF'r' •r'j r i�'Jt ' t, t` tj'}' X` ��i1 '�b.i'pi�Y+��'i�a�t;.�tMi''�J ,t K r► o ..L tf. A 'S1" ;ric `rix� li ;fi ; ;F.' alt• +s:a 1 ve$' `u'+itti$: '1s &i! rr i F2„ s r � ` ?r .,+,.� rC � i; t.,,it � a'�`N� .1; 0511kr . � . 14 r� }`lIuP si , i S" p v.e .ate k +3 er.+n. y y `e.. of t aRfr YJF. C �� 1 s Y• r r ;•� �r,t. �,( ih w.zmt; r #13 0. 3y •" {'�`� ,Y1• ,,,} ti �A Y: Kit ,L Y' k °-i� ` ok i• i, ,��}" r� +t. ] � S• � • �.5• . -� i',f b }� =' p h=�, s'4xc's:•fs � .i".+ �,tt':�.,,. '�k" �..�' � #� _%.. �t}} ► e t.,.. r. 3'• `;1 .'- ''r § ';t � dt1" ti :�` �5 �' 4:.f , � �' +..t v'� ��;r�a ry =..j ��Y � SS.� -•,r „� r � �•:�:�� ,� ci f..�s'! %ti! Li. r K4Zis�> S /l: .2 �y 72 y av Y� ty t :' . i Lj 4t +� f+� i +�.., • X . {t �Yr Rx • 1 •i.'A, �r e '�� ^;l':t' t' 36�' s; l'•.• ✓:t"� }�: c 'T. +" K•i'?f: ,.. i h l.�l }J +..�f -i'' i r,•� `_��` r�'r.' rys 5°ti ^� f s K .. +1 a ••�'�-r. 'Y• ''i:T r s. >. ��'J�� ^F i ,Lt * :rI r rr~rr` MCI r 4 cs i O a� cr T :F C) -_I/ Agenda Item No. 81 November 28, 2006 Page 55 of 513 EXEUff 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 THE STATE BOARD OF EDUCATION IN DEED RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND EXCEPTING THE WEST 84 FEET. ` W' "99Ml9950MtZL \PUD\EXH[0rrB- LEGALDESCRMONAoc Agenda Item No. 81 November 28, 2006 .E, Paae 56 of 513 .,.; This instrument prepared by: Timothy G. Hains, Esq. QUARLES & BRADY LLP 4501 Tamiami Trail North, Suite 300 Naples, Florida 34103 S - 10.50 recording S 11 41. A 0 documentary stamps Property ID Number. 00183600000 3178685 OR: 3284 PG: 1227 >u mnm u uncm 11sc os ot• cmut cm, n 05107121al at 11:659 Dual 1. 6MOC!<, cm Mn 15111514.11 W tts 11.56 66-.76 111211.21 milts 2.61 )rcpt: gtfTitist s owl 1161 TMIM Tt 11301 nits n 31113 3661 SPECIAL WARRANTY DEED THIS INDENTURE, made this 5t6 day of May, 2003, between Robert Vocisano, as Trustee tinder Land Trust Agreement dated May 24, 1995, whose mailing address is: 4100 Golden Gate Parkway, Naples, Florida 34116, {the "Grantor"}, and GLH Development, L.L.L.P., a Florida limited liability limited partnership, whose mailing address is: 1401 University Drive. Suite 200, Coral Springs. Florida 33071 (the "Grantee"). WITNESSETH. that said Grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee. and Grantee's successors and assigns forever, the following described land, situate, lying and being in Collier County, Florida, to -wit: All of Section 16, Township 48 South, Range 26 East, Collier 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 current and subsequent years. 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 Avenue North, Naples, Florida 34102. THIS DEED is an absolute conveyance and said Grantor will wattattt and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under said Grantor, but apinst none other. TO HAVE AND TO HOLD the same, in fee simple forever. TOGETHER WITH all the hereditaments and appurtenances thi:teunto belonging or in anywise appertaining to the property hereby conveyed. QDNA"90514.2 n x 0 .. V ^sM <r � a d l� x �f m Ion �;r Cc-xP am) .14 I 2'Lav�tEet�icx � ._r�A>u.t 85^ w j CrK O U �.t D CO u E'er 0 Agenda Item No, 81 November 28, 2006' Page 57 of 513 ...Agell�a_Lterl�lo_.3.1 November 28, 2006 Page 58 of 513 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 County Commissioners of Collier County, Florida, this 12th day of March, 2004. DWIGHT F. BROCK Clerk of Courts and. Clerk Ex- officio t6 Board of County Commissioners =` y: Maureen Kenyot�� Deputy Clerk 61617 s s 707, , 03 M C Nov W � RE91VID d c29��tiZEZZ2��� ORDINANCE NO. 2004- 69 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. Agenda Item No. 81 November 28, 2006 Page 59 of 513 E5am 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 was 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 A. The Title of Ordinance Number 04 -15, the Terafina PUD, is hereby amended to read as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 9-1 192 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH 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 KNOWN AS TERAFINA PUD, FOR PROPERTY LOCATED APPROXIMATELY ONE MILE NORTH OF IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL CREEK SUBDIVISION AND NORTH OF THE OLD CYPRESS PUD, M SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 637 ACRES; PROVIDING FOR THE REPEAI, OF ORDINANCE NUMBER 01 -71, THE FORMER TERAFINA PUD; AND BY PROVIDING AN EFFECTIVE DATE. B. The text of Ordinance Number 04 -15, the Terafina PUD, is hereby amended to read as follows: Words 4fue44hFeo#h are deleted; words underlined are added. Page 1 of 2 Agenda Item No, 81 November 28, 2006 Page 60 of 513 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 day of //L7/oOe / 12004. A ATT N r Vie' "), BOARD OF COUNTY COMMISSIONERS " '� tk COLLIER COUTY, FLORIDA DWiQ[At ie' ' BY: _ DONNA IALA, CHAIRMAN Approvea as r toam ru Legal Sufficiency''; )?�tiUir.iezcC Macjori M. Student Assistant County Attorney 5E- 2004- AR- 5777/R B /sp Words sty► < throjigh are deleted; words underlined are added. Page 2 of 2 This ordinance filed with thse: Secretary of State's Tfice the. /2' _ day of XAUCA7tl1G"74�0-y and ocknow!edgement of thct. filing rece. ed this AM day of Deputy Ck k Agenda Item No. 81 November 28, 2006 Page 61 of 513 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 Clerk of Courts Ex- officio to County Commiss'ycip' " ti By: Linda A. Hon' 'er•• Deputy Clerk• '�i #�4` Agenda Item No. 81 November 28, 2006 PaaP 62 of 513 We /I, _G .L. Homes of Naples Associates 11 Ltd By G L 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. We /I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We /I further authorize -- Robert L. Duane, AICP - - - -_ to act as our/my representative in any matters regarding this Petition. Signature of Property Owner ----------------------------- Typed or Printed Name of Owner Signature f Property Owner _ G•L- �r„�.Ec of /�i¢r�S .[ Gri!°o�i,4/i�ioA!� � G�'� /�tiG aF �• L- I�Mit of �/,g�/,E1 mss a��.e ?mil' �� LTA . --------------- - - - - -- Typed or Printed Name of Owner The foregoing instrument ms ack}�ov�,iedged before me this _ day of 200----, , Vr%�_/Ctc�, ter-r - -- -__who is personally known to me or has produced --- ------- ----- ----- - - - -as identification. State of Florida County of A~ 9XVA)44,3 ......... .... .. . "p11ryj ..... .. ......... ................. TERRY LILLIAN Commission # D00212596• ` E)glres 6!14!2007 a Bonded through =(.t�432 +254)w..FloNa Notary AAssn., Imo.. PUb Extension Application 6-G-n- 4re f t�o Public - State of Florida) J'4L'1_1 71� ---- - - - - -- ----------- (Print, Type, or Stamp Commissioned Name of Notary Public) SPECIAL WARRANTY DEED THIS INDENTURE, made this Jr'� day of as Trustee under Land Trust Agreement dated May 24, Golden Gate Parkway, Naples, Florida 34116, (the L,L.L.P., a Florida limited liabilittY -i University Drive, Suite 200, Coral � n Ftor�da WITNES5ETH, t and other good and va)ua receipt whereof is hereby and Grantee's successors being in Collier County, F: All of Section 16, T and,except the West May, 2003, between Robert Vocisano, 1995, whose mailing address is: 4100 "Grantor l and GLN Development, Whose mailing address is: 1401 e „Grantee "). for and in con ' era ion of the sum of Ten Dollars, as t cantor 'n h Id paid by said Grantee, the a ec� ed nd sold to the said Grantee, er h f jl w esc 'bed land, situate, lying and ibtp 48 South, Rnn''g`C -j s�, Collier County, Florida, less $flj t thereof. �(\ Subject to covenants, easeme� esta and reservations of record but without reimposing same; existing zoning and governmental regulations; real estate taxes for the current mid subsequent years. 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 Avenue North, Naples, Florida 34102. THIS DEED is an 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 other. 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. QBNAP13905 t 4.2 PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE AM Aenda Item No. 81 3178685 OR: November 28, 2006 3284 PGVeJ2 �7 513 RECORDED is 011ICIAL RECORDS of COLLIII COt1 T, 1L 05/07/2003 at 08;05AK DVIG1t'P E. 81OCK, CL111 This instrument prepared by: CONS 15891514:00 Timothy G. Hains, Esq, REC 111 10.50 QUARLES & BRADY LLP DOC-.70 111241.20 COPIES 2.00 4501 Tamiami Trail North, Suite 300 Iota: Naples, Florida 34103 QUAR1I3 i OMY 4501 ?AKIAKI TR K 1340 $ 10.50 recording KhRIS IL 34103 3040 $ 11 41- 0 documentary stamps Property ID Number: 00183600000 SPECIAL WARRANTY DEED THIS INDENTURE, made this Jr'� day of as Trustee under Land Trust Agreement dated May 24, Golden Gate Parkway, Naples, Florida 34116, (the L,L.L.P., a Florida limited liabilittY -i University Drive, Suite 200, Coral � n Ftor�da WITNES5ETH, t and other good and va)ua receipt whereof is hereby and Grantee's successors being in Collier County, F: All of Section 16, T and,except the West May, 2003, between Robert Vocisano, 1995, whose mailing address is: 4100 "Grantor l and GLN Development, Whose mailing address is: 1401 e „Grantee "). for and in con ' era ion of the sum of Ten Dollars, as t cantor 'n h Id paid by said Grantee, the a ec� ed nd sold to the said Grantee, er h f jl w esc 'bed land, situate, lying and ibtp 48 South, Rnn''g`C -j s�, Collier County, Florida, less $flj t thereof. �(\ Subject to covenants, easeme� esta and reservations of record but without reimposing same; existing zoning and governmental regulations; real estate taxes for the current mid subsequent years. 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 Avenue North, Naples, Florida 34102. THIS DEED is an 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 other. 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. QBNAP13905 t 4.2 PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE AM Agenda Item IVVV-I v- s---- OR: 3284 PG; P1f4*-if j13 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: Print t Robert Vocisno,as Tiustee under Land Trust Agreement dated May 24, I995 76ht name: Cot) STATE OF FLORIDA COUNTY OF COLLIER The foregoing inskru en was ckYv ged b for m thi v`day of April, 2003, by Robert Vocisano, as T ste�f !. 1` n fat May 24, 1995. He is personally known to me, r �� , µ�� l � �� ,rtPntt tin d who did tzot take an oath. L cc) (SEAL)o , PUBLIC ame: •Sdt+nitJE },�Qy��4RQ COMMISSION EXPIRES: QBNAP13905 14.2 • r iPoem& iiWaffix HEMDUCKHR WRAYV * 4J S i � r te Ito *,.ta im - �jevnrtmr'nt of i§#u#r Agenda Item No, 81 November 28, 2006 ..Page 65 of 513 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 under FAX audit number 804000148665 and this certificate issued -fn accordance with section 15.16, Florida Statutes, and authenticated by the code noted below. The document number of this corporation is A02000000415. Authentication Code: 904A00046606- 072309- A02000000415 -1/1 213 PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE 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 �Pm#rzr� of�ftzfe Late Agenda Item No. 81 �,, November 28, 2006 rnuL �.�s�� -�.. Page 66 of 513 of 110r iDa ilpPurimpnt of #ittie 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, 2092. The document number of this Limited Partnership is A0200D000415. I further certify said Limited Partnership has paid all filing fees due this office through December 31, 2004, and its status is active. I further certify that this is an electronically transmitted certificate authorized by section 15. 16, Florida Statutes, and authenticated by the code, 9D4AD0046606- 072304- A02000000415 --1f1, noted below. Authentication Code: 904A00046606- 072304- A02000000415 -1J1 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 e ;�. A� 1�3rcrriarg of #tttt PAGE W ^ RCVD AT 712312004 9:06:50 AM Maslem Dayllflht 71mel' SVR:FTLPIE6110' DNIS :4001 ^ CSID:Depactmen[ 0 state r Agenda Item No. 81 No��9 &67 006 ARTICLES OF MERGER OF GLH DEVELOPMENT, L.L.L.P. INTO G.L. HOMES OF NAPLES ASSOCIATES 11, 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 its principal office, jurisdiction and entity type for each party are as follows: 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 11, 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 limited 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 q, 2004. SIXTH: The Articles of Merger comply and were executed in accordance with the laws of the State of Florida. SEVENTH: The Surviving Partnership has obtained the written consent of G.L. Homes of Naples Associates It Corporation, to serve as the general partner of the Surviving Partnership pursuant to Section 620.202(2), Florida Statutes. FTL: 12415 67:1 S�000 /VYG &S3 Agenda Item$ No. 81 D 4 % o 2a� f � IN WITNE �VVHEREOF, the undersigned have executed these Articles of Merger as of the day of July, 2004. GLH DEVELOPMENT, L.L.L.P., a Florida limited liability limited partnership By: G.L. Homes of Naples Associates 11, Ltd., a Florida limited partnership, its general partner By: G.L. Homes of Naples Ii Corporation, a Florida corporation, its general partner Richard' M. No alk, Vice President G.L. HOMES OF NAPLES ASSOCIATES 11, LTD., a Florida limited partnership, By: G.L. Homes of Maples 11 Corporation, a Florida corporation, its general partner By: Richard M. Norwalk, Vice President FTL: 12 415 67:1 //Q(-/aoo1Y- 8 6 ( 53 ` Agenda Item No. 81 I 640 gNpv r 2 , 2006 t.. _ QQ ! 0 La +9ag'� 619of 513 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 and jurisdiction of each merging party are as follows: 1. GLH DEVELOPMENT, L.L.L.P., a Florida limited liability limited partnership (the "Terminating Partnership "). 2. G.L. HOMES OF NAPLES ASSOCIATES' Ii, LTD., 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 effective, 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 limited 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, Suite 200, Coral Springs, Florida 33071, document number P02000030560. FTL: 1241567-1 l �D C3 �' Agenda Item No. 81 November 28, 2006 Pa e70of513 Agenda Item No. 10A 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 Immokalee 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. CONSIDERATION: 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 Immokalee. The road improvements include building a two lane roadway in an ultimate four lane cross - section. The Developer, based on 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 1, 2006. The Developer has advertised the construction plans for bid with the bid closing scheduled for late April. The Developer is responsible for the design and construction costs of the project up to the amount of the impact fees with any excess cost (above the current $7,528,875 impact fee credit) to be paid back to the Developer by October 1, 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 of Immokalee Road (north of Olde Cypress). FISCAL IMPACT: 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 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 exhibit C attached to the DCA). GROWTH MANAGEMENT: This project is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE Agenda Item No. 81 November 28, 2006 Page 71 of 513 Agenda Item No. 10A April 11, 2006 Page 2 of 42 RECOl WINDA,TION: 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, Transportation Planning Director Attachment: Agreement for Road Impact Fee Credits Agenda Item No. 81 Nov tuber 28, 2006 Agenda Item 2 of 513 April 1l, b Page 3of42 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10A Item Summary: Recommendation 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 Immokelee Road in exchange for vesting and Impact fee credits. (Norman Feder, Administrator, Transportation Services) Meeting Date: 4/1112006 9:00:00 AM Approved By Transportation Services Admin 313412006 4:26 PM Norm E. Fader, AICP Transportation Division Admintstrator p Date Transportation Services Transportation services Admin, 313012006 4:17 PM County Manager's Office Office of Management &Budget Approved By Approved By Sharon Newman 9 Supervisor Accountin Su P Date Transportation Services Transportation Services Adnrin 3!3012006 4:20 PM 413/2006 11:27 AM Approved By Approved By Dale A. l3athon, P.E, er Prinici al Project Manager P 1 9 Date Date Transportation Engineering and 3/3012006 4:22 PM Transportation Services Construction Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 313412006 4:26 PM Approved By OMB Coordinator Administrative Assistant Date County Manager's Office Office of Management &Budget 313112006 8:23 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney Count Attorney Office Y 413/2006 11:27 AM Approved By Mark Isackson st Budget Analyst g y Date County Manager's Office Office of Management &Budget 4!312006 2 :43 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 41312000 7:23 PM cnmmissioners Agenda Item No. 81 November 28, 2006 Page 73 of 513 Agenda Item W. 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 1I, 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 11 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." RECITALS: 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 between Vanderbilt Beach Road and Immokalce Road [hereinafter described as the "Project "] as set forth in a conceptual description and graphic rendering attached hereto in CompositeExhibit "A" and "A -11'; and WHEREAS, Developer is the fee owner of certain lands, (hereinafter referred to as "Terafna "), described and graphically rendered in Composite Exhibit 11I3" and "13- 1", 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 Agenda Item No. 81 November 28, 2006 Page 74 of 513 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 approval a Final Certified Estimate of Probable Costs to design and construct the Project prepared 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 from 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 WI- 1EREAS, 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 transportation network; and ' iXrHEREAS, 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 of 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. 81 November 28, 2006 Page 75 of 513 -- 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.01 -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 shall 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 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. WHEREAS, it is anticipated that the time for build -out of the Terafina Development will exceed five [5] years for concurrency purposes, and the parties agree that good cause exists for an automatic five [5] year extension of the initial five [5] year vesting period provided, Developer substantially adheres to the Phasing Schedule as determined 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 approved by the Collier 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 convey or cause to be conveyed the contribution to the County in conformance with the County's transportation standards, procedures, ordinances and regulations; and Agenda Item No. 81 November 28, 2006 Page 76 of 513 Agenda Item tio. 14A April 11, 2006 Page 7 of 42 Wl- IEREAS, 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 convey or 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 are true and correct and shall be ftilly incorporated herein and form part of the basis for this Agreement, the parties agree as follows; 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 Thousand 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 for said governmental entity's review and approval; A. For purposes of establishing the amount of the "Surety" (as hereinafter defined) and the "Road Impact Fee Credit Amount" (as hereinafter defined), a Final Certified Estimate of Probable Costs prepared by Developer's design engineer ( "Professional Engineer ") which shall set forth the estimated cost (including, without limitation, the cost of any and all labor, materials, design, testing, filing fees, permit fees, mitigation costs, construction and engineering inspection services, and any and all other ancillary costs and expenses) of construction necessary to complete the Project in accordance with the "Plans and Specifications" (as hereinafter defined). After the Final Certified Estimate of Probable 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 and the 4 Agenda Item No. 81 November 28, 2006 Page 77 of 513 Agenda Item No, 10A AprI1 11, 2006 Page 8 of 42 County. The Final Certified Estimate of Probable Costs shall not include any of the costs, fees or other monies paid and /or incurred 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 governmental entities, Developer shall not change, revise or modify the Plans and Specifications without the prior written consent of said governmental entities. C. On or before the date on which Developer submits its application for the right -of -way use permit, Developer shall procure, 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, notwithstanding 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 than ten (10) days prior to making such draw, and the County shall only be permitted to use the drawn Surety funds towards the completion of the Project in accordance with the terms of this Agreement. 4. Developer shall have the right to (i) once per quarter 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 the date on which the Project has been completed and accepted by the County. 5. Developer shall not have any obligation to either increase the amount of the Surety to an amount greater than One Hundred Fifteen Percent (115 %) 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 amount 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 Agenda Item No. 81 November 28, 2006 Page 78 of 513 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. 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 Surety with the amount of Road Impact Fee Credit Amount earned being equal to the amount of monies drawn by the County against the Surety from time to time, and/or (c) the payment of any and all monies by Developer to the County in the event the County is unable to collect on the Surety and the County seeks and receives payment from Developer in lieu of the Surety. Tile 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. Until such time as the Project is constructed, completed and tendered to the County for acceptance, Developer shall indemnify 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 County Risk Management Guidelines as attached hereto as Exhibit "T' ".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 road impact fees utilized above the actual cost of construction. Any over - payment of credits by the County shall be reimbursed to the County within ninety [90) days after the County's demand for the same after completion of the Project, if it determines more road impact fee credits were utilized than the Developer was entitled to receive. Developer therefore shall pay all the road impact fees above the actual cost of construction of the Project. Agenda Item No. 81 November 28, 2006 Page 79 of 513 Agenda Item No. 10A April 11, 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 shall 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 shall 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 Development 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 provided - Developer 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) year vesting period expires. If the total road impact fees needed for the Terafina Development exceeds the cost of the Project, Developer shall 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 issued 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 of the Project and acceptance of the same by the County or the earlier termination of this Agreement. 13, The County shall utilize its best efforts 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. Agenda Item No. 81 November 28, 2006 Paae 80 of 513 Agenda Item No. 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 Developer under the terms of this Agreement. 18. Developer represents, warrants and covenants to the County 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. Developer is a limited partnership duly formed 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 Developer has been duty 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 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 or 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 construction industry. Agenda Item No. 81 November 28, 2006 Page 81 of 513 Agenda Item No. 10A Apri! 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 fi•om 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 are no actions at law, suits in equity or any other proceedings 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 perform its obligations tinder, 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 the County for the County to continue 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; 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. Agenda Item No. 81 November 28, 2006 Page 82 of 513 Agenda Item go. 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 formed 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 Fee Credit Amount to Developer, (ii) vest the Teraf na Development with traffic concurrency for 850 residential units for the initial five [51 year vesting period and the five [51 year extension vesting period pursuant to the terms set forth in this Agreement, (iii) issue the Certificate of Public Facilities Adequacy for the initial five [51 year vesting period and the five [5l 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 of this 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 of Default ": A. A breach by Developer to comply with any of the terms or conditions of this Agreement by which 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 the 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 ") commitment by the Defaulting Party in specific detail and the Defaulting Party has failed to cure said Default within thirty (30) days after receipt of the Default Notice ("Cure Period "); provided, however, if the Default is one not reasonably able to be cured within the Cure 10 Agenda Item No. 81 November 28, 2006 Page 83 of 513 Agenda Item No. 10A April 11, 2006 Page 14 of 42 Period [the term "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 posting 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 tinder this Agreement, and (iii) 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 of the Project, (iv) to complete the Project in accordance with the terms and conditions of this 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, iD Agenda Item No. 81 November 28, 2006 Page 84 of 513 Agenda Item No. 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 coneurrency 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] the actual amount of money expended by Developer in connection with the design, permitting, construction and completion of the Project, plus [2] any amount received by the County from the Surety and /or Developer; provided however, if at, or any time subsequent to, Developer having committed an Event of Default after posting surety the sum ofnumbers [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 Terafina Development as set forth in paragraph one herein, then the Terafina Development shall become and remain permanently vested for 850 residential units for traffic coneurrency 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 for such extension pursuant to and consistent with the provisions of Section 10.02.13.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; (1) 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 the 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 the 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. The 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 with any law, 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 No. 81 November 28, 2006 Page 85 of 513 Agenda Item N-o. 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 file an action for injunctive relief 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 to the parties for enforcement of this Agreement. 29. The Road Impact Fce Credit Amount identified herein shall run with the Terafina Development as described in Composite Exhibit "B" and "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 Amount is exhausted or otherwise no longer available, It shall be Dcvcloper's obligation to notify the County that an Impact Fee Credit is available, 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 Road 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 or availability of the 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 Agenda Item No. 81 November 28, 2006 Page 86 of 513 Agenda Item No. 10A ApriI1 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 Terafna 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 parties acknowledge that the contributions herein characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way, 36. The Road Impact Fee Credit Amount shall only be for contributions made to the transportation network to accommodate growth 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, Transportation Administrator Transportation Administration 2885 South Horseshoe Drive Naples, Florida 34104 14 Agenda Item No. 81 November 28, 2006 Page 87 of 513 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, 8`h 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 Sawgrass 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 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. All of the parties to this Agreement have participated filly in the negotiation and preparation hereof and, accordingly, this Agreement shall not be more strictly construed against any one of the 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 reconstrued as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 15 Agenda Item No. 81 November 28, 2006 Page 88 of 513 Agenda Item No. 10A April 11, 2006 Page 18 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 or 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 County. All persons engaged in any of the work or services performed pursuant to this Agreement on behalf 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 County 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 parties to this Agreement is to give its consent, decision, determination or 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 of said fifteen [15 %] percent are caused by changes or modifications to the Project as requested by the County from time to time after the County has approved and accepted the Final Certified Estimate of Probable Costs of the Project. HIM Agenda Item No. 81 November 28, 2006 Page 89 of 513 Agenda Item No. 10A April 11, 2006 Page 20 of 42 17 Agenda Item No. 81 November 28, 2006 Page 90 of 513 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 Terafina 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 "F ": The County Risk Management Guidelines Exhibit "G": Road Impact Fee Credit Ledger Exhibit "H ": Alternative Dispute Resolution Procedures 18 Agenda Item No. 81 November 28, 2006 Page 91 of 513 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: Attest: DWIGHT E. BROCK, Clerk By: _ Deputy Clerk AS TO DEVELOPER: WITNESSES: Print Name: Print Name: E BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, By: _ Frank Halas, Chairman G.L. HOMES OF NAPLES ASSOCIATES 11, LTD,, A FLORIDA LIMITED PARTNERSHIP By: G.L. Homes of Naples 11 Corporation A Florida Corporation, its General Partner By: Name: Title: Date: Agenda Item No. 81 November 28, 2006 Page 92 of 513 Agenda Item No. 10A April 11, 2006 Page 23 of 42 STATE OF FLORIDA COUNTY OF BROWARD 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 instrument 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 and official seal in the County and State last aforesaid this day of . 2006, (SEAL) Name; Approved as to form and legal sufficiency: Assistant County Attorney Kr /teraftna/dea2ndversion.icr0109 06 20 NOTARY PUBLIC (Type or Print) My Commission Expires: = !N, IM112 el " LITA! 10 FA 11: a = Agenda Item No. 81 Agenda Item No, 81 November 28, 2006 Page 97 of 513 Agenda Item No, 10A April 11, 2006 Page 28 of 42 EXHIBIT C Preliminary Estimate of Probable Cost Design $ 890,000 Construction $ 7,650,000 Construction Engineering/Inspection $ 450,000 Total $ 8,990.000 25 Agenda Item No. SI 21 Agenda Item No. 81 Agenda Item No. 81 Agenda Item No. 31 J. • ��. .� m ,cs ': tMC -i FCH %YCi .} 1- Nc iY 2SS �Y:L Lim _ 1� Q�4X 30 Agenda Item Ito. 81 lea DOWNS 5,S Agen daAi�tern HO 6 *t Agenda Item No. 81 November 28, 2006 3 33: Agenda Item No. 81 Agenda Item No. 81 Agenda Item No. 81 8 Agenda Item No. 81 November 28, 2006 Both parkas mint wsdertakc4lf ADR m faith ei . g# Ff/7#olo�JDispute Cimcoluhon ProexWurr -39 Agenda Item No. 81 November 28, 2006 PUDEX- 2006 -AR -9610 Page 112 of 513 PROJECT #2002050014 DATE: 4/27/06 MELISSA ZONE ARTERIAL CORRIDOR ANALYSIS FOR IMM OKALEEROAD (Livingston Road to Collier Boulevard) PROJECT NO. 0.10812 PREPARED BY: Metro Transportation Group; Inc. 12651 McGregor Boulevard, Sitite.4.403 Fort Myers Florida 33.919 941 - 278 = 3090. September 26, 2001 CONTENTS I. INTRODUCTION II. BACKGROUND III. ANALYSIS IV, ARTERIAL LEVEL OF SERVICE DETERMINATIONS V. CONCLUSION I Agenda Item No. 81 November 28, 2006 Page 113 of 513 Agenda Item No. 81 November 28, 2006 Page 114 of 513 1. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted a corridor analysis for Immokalee Road in response to Collier County staff's concern about the future traffic conditions on Iinniokalee Road. This analysis is based on the traffic conditions that are anticipated to be present on Immokalee Road after the construction of the Terafina and Mirasol 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 corridor is illustrated on Figure 1. II. BACKGROUND Immokalee Road is currently being widened to a four -lane roadway from just east of I -75 through Collier Boulevard. In addition, should the upcoming Yz penny sales tax referendum be approved, Immokalee Road between 1 -75 and Airport Road will be widened to six lanes. Both of these projects were assutned to be completed by the analysis year selected for this report.. The analysis year utilized for this analysis was 2005. This 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 I -75 West Ramp I -75 East Ramp Oakes Boulevard Laurel Oaks Elementary School Gulf Coast High School Collier Boulevard. Page I Agenda Item No. 81 November 28, 2006 Page 115 of 513 Several new traffic signals were assumed to in place at the time of build -out of the two residential developments. These include the following intersections: Northbrook Drive Logan Boulevard Extension (Oide Cypress Entrance) Pebblebrook Drive ( Mirasol Entrance) Therefore, for this analysis, there were a total of eleven (11) intersections included in the analysis. 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 Tmmokalee Road within Section 16, Range 26E, Township 48S in Collier County. Terafina is proposed to contain 340 single - family units and 510 multi- family units upon completion in 2005. Terafina will have direct access to the Logan Boulevard extension, which is currently called Olde Cypress Drive on the north side of Immokalee Road. The vehicle trips associated with the Mirasol development was referenced from the Traffic Impact Statement (TIS) prepared by Vanasse & Daylor, LLP dated January 11, 2001. Mirasol is located to the north of Immokalee Road within Sections 10, 15, and 22, Range 25E, 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 Immokalee Road opposite Pebblebrook Drive as well as to the extension of Collier Boulevard north of Imm6kalee Road. As previously noted, it was assumed that the intersection of Pebblebrook 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. The Districtwide System, Planning 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 Imtnokalee Road corridor between Livingston Road and Oakes Page 2 Agenda Item No. 81 November 28, 2006 Page 116 of 513 Boulevard. The traffic volumes indicated on the illustration for the 2004 Design Hour Turning Movements for the 6- Signal Alternative were utilized in order to obtain background traffic conditions for the Immokalee 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 Immokalee Road was assumed, and an annual growth rate of 5.51% was assumed for the ramp volumes of 1 -75. Traffic from the recently constructed Pebblebrook Lakes development (Richland 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 Immokalee Road at Collier Boulevard. Pebblebrook Lakes is located within Section 27, Range 26E, Township 48S in Collier County. Pebblebrook Lakes is under construction and is proposed to contain 300 single - family dwelling units, 100 multi - family dwelling units and 231,000 square feet of commercial area. This development will have access to Immokalee 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 of Irrunckalee Road and Collier Boulevard. In addition, the traffic volumes indicated in the intersection analysis contained in the Pebblebrook Lakes TIS for the Imnokalee Road/Pebblebrook Drive intersection were utilized in this corridor analysis. Pebblebrook Drive will align opposite the Mirasol residential site access drive. A copy of the Pebblebrook Lakes intersection analysis for Immokalec Road/Collier Boulevard and Immokalee Road/Pebblebrook Drive are included iur the Appendix of this report for reference. The 2001 Olde Cypress DRI Monitoring Report prepared by Metro, dated May 29, 2001 was also referenced in this analysis. The Olde Cypress development is located on the Page 3 Agenda Item No. 81 November 28, 2006 Page 117 of 513 north side of Immokalee Road within Sections 20 and 21, Township 48S, Range 26E in Collier County, Florida. OIde Cypress Drive, or the Logan Boulevard extension, will provide the Olde 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 Olde Cypress development will not be completed by the time Terafina 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 Immokalee Road. Olde Cypress is proposed to contain 1,000 dwelling units upon completion, as well as a golf course and some commercial uses. It was assumed that 50% of the Olde Cypress development would be completed by the year 2005. Therefore, lialf of the Olde Cypress trips were distributed onto Immokalee Road and are included in the background traffic. III• ANALYSIS In order to analyze the Imrriokalee 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 Immokalee Road in SYNCHRO'' 5. The second method is based on performing a Highway Capacity Manual Arterial Analysis utilizing the Highway Capacity Software, HCS 2000. In both cases, Immokalec Road was analyzed based on the following scenarios: I 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 Teraina and Mirasol development traffic was distributed to the surrounding roadway network based on the FSUTMS distribution analysis, as completed by Metro in the Traffic Impact Analysis for the Terafina development. Page 4 Agenda Item No. 81 November 28, 2006 Page 118 of 513 As previously discussed, Metro assumed traffic signals at the following intersections: Livingston Road The Strand 1 -75 West Ramp 1 -75 East Ramp Northbrook Drive Oakes Boulevard Olde Cypress Drive/Logan Boulevard Extension Laurel Oaks Elementary School Gulf Coast High School Mirasol/Pebblebrook Drive Collier Boulevard. These 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 OR SERVICE DETERMINATIONS Metro utilized the arterial analysis package SYNCHRCP 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® utilizes the methods of the 2000 Highway Capacity Manual to calculate capacity and arterial analysis. In addition to the SYNCHRO® Analysis, Metro also conducted an analysis utilizing the more familiar Highway Capacity Software (HCS), developed by McTrans which also implements the methodology of the 2090 Highway Capacity Manual. The timings of each signal along the study corridor were optimized in order to provide efficient progression of traffic along Immokalee Road, Protected left turn phasing was not utilized on the cross street approach unless there were heavy through traffic volumes or other conditions warranted such phasing. Left turns from the arterial were only allowed on the protected phase at each location. Page 5 Agenda Item No. 81 November 28, 2006 Page 119 of 513 Based on SYNCHROe' and HCS methods utilized to analyze the Immokalee 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 Immokalee Road based on the SYNCHRO@ and HCS 2000 analyses performed for all four traffic scenarios. Table I Arterial Level of Service Immokalee Road 2005 Traffic Conditions I i ?< x. 1. I ry {rvK A, r4 { & =,,;.,t�, r -�t�YI , +1,,r ;ti )) ,t,. (��. {ail & Lir[i!S L i� �Hytk i 3 9. }11 �K ICi J �1� y; }Jr3f1 �'1;1 Lt 1,} 1 .j StgilT� ��� tt �lr�r: .ii1L <��11 {trT b . FL j} �li„tk (, +. lt} I ' -r J L ,r_ ry if � �- i t • 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 Immokalee Road Corridor 2005 Traffic Conditions ,F ,TGG 1/ , Y �ti! -- f.yt.r s� t y � G!#.'�__, A47.1L) 6�1'll i.i lll� li 4 � lC~ 111 l�� 3 � [ �. iii 3kk�i.1 I�� {t \91i* w 1 - t •� � 1 if � �- i t • man 1 1 tt i i � . - ; t � III■ ,I,�_ � ■ -al WN / L 1 C : ■ Page 6 Agenda Item No. 81 November 28, 2006 Page 120 of 513 V. CONCLUSION Based on the analysis conducted by Metro, the Immokalee 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 SYNCHRCP 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, lntersection 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 information collected by Metro from other sources regarding background traffic conditions are contained in the Appendix of this report for reference. \\c:\oiwsv2�npoxWoo Pagc 7 I Agenda Item No. SI November 28, 2006 Page 121 of 513 APPENDIX Agenda Item No. 81 November 28, 2006 Page 122 of 513 TRAFFIC VOLUMES Agenda Item No. 81 November 28, 2006 Page 123 of 513 DISTRICTWIDE SYSTEMS PLANNING FOR FIRS 2004 SIX - SIGNAL ALTERNA'T'IVE TURNING MOVEMENT COUNTS E/ k / \ / \ k q _ 2 2 \ / a > k 2 k R � � � \ 7 % k � u o a li 2 � $ �0 ol g C4 00 � @� f-� /03 22 8 � � ■ �� l O 2 ■ #it <C4 e e y o � ■ D § ' a E � 2 C14 C14 _ � Go, e ��r 2 §$ m a �» a E § k z k § Ra: ^0 mE ƒ �� . $ �2 g� �z A eat m I co m^ 7 C E § % 2 n J � 7 2 \q \R e m � � Q� . U') ° E k � � ) q _ Cep ol /2 $ § \m U7 Ol to C4 z � L: $ ƒ R _ $ ;a cil ! ce) �G - gE Of � - t o ■ �f . ��� Agenda Item No. 81 November 28, 2006 Page 125 of 513 PEBBLEBROOK. LAKE'S SYNCHRO - OUTPUT: IMMOKALEE ROAD @,) C.R. 951 0 Agenda Item No. 81 November 28, 2006 Lanes, Volumes, Timings Page 126 of 513 2. Immokalee Rd & CR-951 8/3112001 Total Lost Time (s) 4.0 VONA Trailing Detector (ft) 0 .T. 6N -ME "t .9 Lane Util. Factor 0.95 4.0 4.0 4.0 4.0 4,0 Nu 0 0 0 0 0 fflegaziamm .00 1.00 0.95 1.00 1.00 NOW-11, "M Fit Protected 0.950 - 0.950 Ni Fit Permitted _ 0.950 b N 0H W 908 �3 'A Right Turn on Red Yes Yes Headway Factor 1.00 1.00 1.00 1.00 1.00 1.00 ,�nitial (q) 10.0 110.0 7.0 . 10.0 10.0 .10.0 0.36 0.36 0.60 0.60. 0.33 0.33 JAHN "WWW'"AAW-1v Uniform Delay, d1 33.7 1.6 .32.4 10.7 32.0 17.2 51,0 51.0 27.0 51.0 42.0 42.0 XMO. W, W, a 9 1 "A a SN' WON ME Approach LOS C C C 3.0 3.0 3.0 3.0 - 3.0 3.0 Laa Laa' Lead Recall Mode None None None None None Max , 1111131T . I a V Actuated g/C Ratio 0.36 0.36 0.60 0.60. 0.33 0.33 JAHN "WWW'"AAW-1v Uniform Delay, d1 33.7 1.6 .32.4 10.7 32.0 17.2 LOS C A E 8 C C XMO. W, W, a 9 1 "A a SN' WON ME Approach LOS C C C Queue Length 95th (ft) 482 53 #440 101 355 #578 R' 60th Up Block Time (%) 6.. gt&iC _q aw Turn Say Length (ft) PM PEAK-Provided timings Synchro 5 Report Page I VANASSFORT-ST51 i':.. � lY�:' '.� i'..'.. �' �- ,.. ... - .. . ...'� � .: .. .'. .. ... � l.._........_L. ._..0 .. .� .....�...�.. u r ., �..:.3:;.� ��Y ,� .. :_. . 3� > >i_ Agenda Item No. 81 November 28, 2006 Page 128 of 513 PEBBLEBROOK LAKES SYNCHRO 5 OUTPUT: IMMOKALEE ROAD WESTERN RESIDENTIAI, ACCESS Agenda Item No. 81 November 28, 2006 Page 130 of 513 IMMO►KALEE ROAD CORRIDOR OR TURNING MOVEMENT COUNT MAPS Agenda Item No. 81 November 28, 2006 Page 131 of 513 2005 BACKGROUND TRAFFIC CONDITIONS v 3g 3 n 0 2 m x-135 E-5 _ The Strand T . 25 J O •J 0-y O J Oo N W N UWIi p�11 h `Y 1 -75 Southbound Ramp y 1 -75 Northbound Ramp 'x-725 x--560 236-- T 225- -y 0' cD O o tr cn Northbrook Drive �f,o Oakes Boulevard 65T> 40—y ° M p < -25 x- 110`0° 25 1 I f 225—y ° S 0 N 0 0 n Agenda Item No. 81 November 28, 2006 Page 132 of 513 O (D O D3 O CL " -285 <-75 Livingston Road 135 105_ 60-y ° cc`n x-135 E-5 _ The Strand T . 25 J O •J 0-y O J Oo N W N UWIi p�11 h `Y 1 -75 Southbound Ramp y 1 -75 Northbound Ramp 'x-725 x--560 236-- T 225- -y 0' cD O o tr cn Northbrook Drive �f,o Oakes Boulevard 65T> 40—y ° M p < -25 x- 110`0° 25 1 I f 225—y ° S 0 N 0 0 n Agenda Item No. 81 November 28, 2006 Page 132 of 513 n e a n m i 0 w cD cu M O w o, w C> co � F---15 Logan Boulevard Extension s 22 15--� N rn o 3 a cn m X 0 w a x-10 Laurel Oaks Elementary School ,� :5 10—� ch (n 5- y U1 Gulf coast High School 50-� owb 20-y cn o� 4 a n� a� S� ti p Agenda Item No, 81 November 28, 2006 Page 133 of 513 z N O TNM L M ^� co LL Q Z 'Agenda Item No. 81 November 28, 2006 Page 135 of 513 2005 TRAFFIC INCLUDING TERAFINA ONLY Agenda Item No. 81 November 28, 2006 2005 Irnmokal egjq8j1d6 of 513 Arterial Level of Service with Terafina only Arterial Level of Service- EB Immokalee Road Wirigstdn Road ff 45 w-.5 14.0 47.5 0.3 264 C The Strand 11 45 37.6 3.4 41.0 0.4 35.1 A 1-75 So6thbound Ramol 45 27.,4 21.3 48.7 0.3 19.5 D 1-75,korthbound Rampll 45 10.9 9.2 20.1 0.1 17.9 0 Nbrithbrook Dr1V;e 11 45 27.1 10.0 37,1 U 25.3 C Oakes Boulevard H 45 17.5 16.8 34.3 0.2 16.9 D L00'ain B'dUlevard Exte It 45. 56A .6, -68.7 0.7 36.7 A Laurei Oaks Elementa 11 4 1 5 53.0 0.5 53.5 0.7 44.6 A iGU'UC.*t-:Hiqh S'cho 11 - ' 45 28'.0 0.8 28.8 0.3 35.4 I Pe Drive 11 bb lebro6k'd 45 66.3 5.6 1011.9, 1.2 42.5 A C .41-954 -: - 11 A 45 0-D: 1.7 44.7 .0.5 3$,1 -.A Total 11 430.4 95.9 526.3 4.9 33.2 a Arterial Level of Service: WB Immokalee Road Mirasol Site Access it 45 43.0 9.1 52.1 0.5 32.7 6 -G �!H igh 306 11 45 .13.42- 1 .4 135.6 1.2 82.0 B Laurel Oaks Elementa It 45 28.0 0.9 28.9 0.3 35.3 A !_Ogikniti&66va'rd Exite 11 45 510 2315 7.6.5 0.7 311.2 B Oakes Boulevard 11 45 56.1 8.2 64.3 0.7 39.2 A NoAhbrbokbrive 11 45. 17`5 5 3A 20.6 0,2 28.1 .6 1-75 Northbound Rampll 45 27.1 17.5 44.6 0.3 21.0 D 145 SoOfhb6und Ramol 45:. 10.s 3:7 .1 4.6 0.1 24.7 0 The 0 n*d*' 4.5 27.4 4.2 31.6 0.3 30.0 B Livingston Road .11 45 ..37.6 10.3 47.9 0.4 30.1 6 Total H 474.8 87.0 561.8 4.9 31.7 B RLP Synchro 5 Report 912712001 Page I METROTFOR4-FF51 Agenda Item No. 81 November 28, 2006 Page 137 of 513 2005 TRAFFIC INCLUDING- TFR.A.FINA, AND_ MIRASUL 2005 - Arterial Level of Service Arterial Level of Service. EB Immokalee Road Agenda Item No. 81 November 28, 2006 Immokalee AbW 38 of 513 with Terafina & Mirasol 1-75 Northbound Rampli 45 t', •- It. " I.Ir -� W.' 9 1 Of P", V 10 n,"'. 1 100-01. PH 0"k-l".10- 41 Oakes Boulevard 11 45 17.5 25.4 42.9 0.2 115 E -XK laurel OaG�ks Elementa fl 45 53.0 0.5 53.5 0.7 44.6 A 4 . 0 100.3 1.2 43.2 A Total 11 430.4 129.8 560.2 4.9 31,2 B Arterial Level of Service: WB Immokalee Road Mirasol Site Access 11 48 Laurel Oaks Elementa If 45 Oakes. Boulevard 11 45 "I ON- 0.5 28.5 0.3 35.8 A 13.6 69.7 0.7 36.2 A 1-75 Northbound Rampli - - - --- .3 C T_ he Strand If 26.1 C Total It 436.9 113.2 550.1 4.9 32.4 B RLP Synchro 5 Report 9/27/2001 Page I METROTFOR4-FF51 Agenda Item No. 81 November 28, 2006 Page 139 of 513 2005 BACKGROUND 'TRAFFIC CONDITIONS Agenda Item No. 81 November 28, 2006 Page 140 of 513 2005 Immoka(ee Road 2: Immokalee Road & Livingston Road Background Traffic Conditions ovement- _ . EBL _ 8OX- , EIJR: WOO W13T WBR NB Lane Configurations 11 W r 11 ttt r M +tt r N) "t r Ideal Flow (vphpi) 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 Lane Utii, Factor 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 Fri 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 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Fit Permitted 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 (perm) 3433 5065 1583 3433 5085 1583 3433 5085 1583 3433 5085 1 583 Volume (vph) 310 2315 125 60 1775 135 105 75 _ 60 135 75 265 Peak -hour factor, PHF 0.92 0492 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 337 2516 136 65 1929 147 114 82 65 147 82 288 Lane Group Flow (vph) 337 2516 136 65 1929 147 114 82 65 147 82 288 Turn Type Prot Perm Prot Perm Prot Perm Prot Perm Protected Phases 5 2 1 6 3 8 7 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 18.8 81.8 81.8 4.0 67.0 67.0 8.3 9.5 9.5 8.7 9.9 9.9 Effective Green, g (s) 18.8 81.8 81.8 4.0 67.0 67.0 8.3 9.5 9.5 8.7 9.9 9.9 Actuated g/C Ratio 0.16 0.68 0.68 0.03 0.56 0.56 0.07 0.08 0.08 0.07 0.08 0.08 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 10 3.0 3.0 3.0 Lane Grp Cap (vph) 538 3466 1079 114 2839 884 237 403 125 249 420 131 v/s Ratio Prot 0,10 c0.49 0.02 c0.38 0.03 0.02 0.04 0.02 v/s Ratio Perm 0.09 0.09 0.04 0.18 v/c Ratio 0.63 0.73 0.13 0.57 0.68 0.17 0.48 0.20 0.52 0.59 0.20 2.20 Uniform Delay, d1 47.3 12.0 6.7 57.2 18.9 12.9 53.8 51.7 53.1 53.9 51.3 55.0 Progression Factor 1.00 1.00 1.00 1.03 0.48 0.47 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 2.3 1.4 0.2 5.8 1,1 0.3 1.5 0.3 3.9 3.7 0.2 563.4 Delay (s) 49.6 13.4 6.9 64.6 10.2 6.4 55.3 52.0 56.9 57.6 51.6 618.5 Level of Service D R A E B A E D E E D F Approach Delay (s) 17.2 11.6 54.7 369.1 Approach LOS B B D F fr)fier;�e tfc�rt::SUr�ma,, _ __ HCM Average Control Delay 47.6 HCM Level of Service D HCM Volume to Capacity ratio 0.83 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 72.8% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 1 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 141 of 513 2005 Immokalee Road --,q: Immokalee Road & The Strand Background Traffic Conditions Me' e've cent• EBL BU EBR . W.% WILT ,Wf49 NBL NBT NBA 8% SOT SBR Lane Configurations W r t r Vi + r 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 Lane Util. Factor 1.00 0.91 1.00 1.00 0.91 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 Said. Flow (prot) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1863 1583 Flt 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 Satd. Flow (perm) 1770 5085 1583 1770 5085 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 160 2315 60 10 1780 25 55 5 10 25 5 135 Peak -hour factor, PHF 0.92 0192 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj, Flow (vph) 174 2516 65 11 1935 27 60 5 11 27 5 147 Lane Group Flow (vph) 174 2516 65 11 1935 27 60 5 11 27 5 147 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 15.3 95.8 95.8 2.0 82.5 82.5 10.2 10.2 10.2 10.2 10.2 10.2 Effective Green, g (s) 15.3 95.8 95.8 2.0 82.5 82.5 10.2 10.2 10.2 10.2 102 10.2 Actuated g/C Ratio 0.13 0.80 0.80 0.02 0.69 0.69 0.08 0.08 0.08 0.08 0.08 0.08 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 � .ane Grp Cap (vph) 226 4060 1264 30 3496 1088 119 158 135 119 158 135 's Ratio Prot c0.10 c0.49 0.01 c0.38 0.00 0.00 v/s Ratio Perm 0.04 0.02 0.04 0.01 0.02 0.09 v/c Ratio 0.77 0.62 0.05 0.37 0.55 0.02 0.50 0.03 0.08 0.23 0.03 1.09 Uniform Delay, d1 50.6 4.8 2.5 58.4 9.5 6.0 52.5 50.4 50.6 51.2 50.4 54.9 Progression Factor 0.98 1.40 0.46 0.80 0.46 0.34 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 10.7 0.5 0.1 5.6 0.5 0.0 3.3 0.1 0.3 1.0 0.1 103.3 Delay (s) 60.6 7.3 1.2 52.2 4.9 2.0 55.8 50.5 50.8 52.2 50.5 158.2 Level of Service E A A D A A E D D D D F Approach Delay (s) 10.5 5.1 54.7 139.2 Approach LOS B A D F Into e s fici Sunrrfa . HCM Average Control Delay 13.6 HCM Level of Service B HCM Volume to Capacity ratio 0.66 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 65.3% ICU Level of Service 6 c Critical Lane Group ALP Synchro 5 Report 9/28/2001 Page 2 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 142 of 513 2005 lmmokalee Road 4: lmmokalee Road & 1 -75 Southbound Ramp Background Traffic Conditions Movetnerat:;= pL g. T FBFt WBL WRT W13A NBL .. NBT N13R SBL. SBT . - q R Lane Configurations 011 r I Tt ff 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 Lane Util. Factor 0.86 1.00 1.00 0.95 0.97 0.88 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Flt Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 6408 1583 1770 3539 3433 2787 Flt Permitted 1.00 1.00 0.95 1.00 0.95 1.00 Said. Flow (perm) 6408 1583 1770 3539 3433 2787 Volume (vph) 0 2025 340 195 1090 0 0 0 0 560 0 725 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 Adj. Row (vph) 0 2201 370 212 1185 0 0 0 0 609 0 788 Lane Group Flow (vph) 0 2201 370 212 1185 0 0 0 0 609 0 788 Turn Type Free Prat custom custom Protected Phases 2 1 6 7 Permitted Phases Free 7 4 Actuated Green, G (s) 50.7 120.0 20.0 74.7 37.3 37.3 Effective Green, g (s) 50.7 120.0 20.0 74.7 37.3 37.3 Actuated g/C Ratio 0.42 1.00. 0.17 0.62 0.31 0.31 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 2707 1583 295 2203 1067 866 v/s Ratio Prot c0.34 c0.12 0.33 0.18 v/s Ratio Perm 0.23 0.28 v/c Ratio 0.81 0.23 0.72 0.54 0.57 0.91 Uniform Delay, d1 30.5 0.0. 47.3 12.9 34.6 39.7 Progression Factor 0.53 1.00 0.80 0.19 1.00 1.00 Incremental Delay, d2 2.3 0.3 6.9 0.8 0.7 13.3 Delay (s) 18.3 0.3 44.7 3.3 35.4 53.0 Level of Service 8 A D A D D Approach Delay (s) 15.7 9.5 0.0 45.3 Approach LOS 8 A A D brie: eEL4i _iprri$ HCM Average Control Delay 21.8 HCM Level of Service C HCM Volume to Capacity ratio 0.83 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 71.0% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 912812001 Page 3 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 143 of 513 .-2005 Immokalee Road • lmmokalee Road & 1 -75 !Northbound Ramp Background Traffic Conditions WST . WRA NBL NOT Lane Configurations 11 tt ftf r M re 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 Lane Util. Factor 0.97 0.95 0.91 1.00 0.97 0.88 Frt 1.00 1.00 1.00 0.65 1.00 0.85 Flt Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (prot) 3433 3539 5085 1583 3433 2787 Flt Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (pears) 3433 3539 5085 1583 3433 2787 Volume (vph) 850 1735 0 0 995 505 290 0 225 0 0 0 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 924 1886 0 0 1082 549 315 0 245 0 0 0 Lane Group Flow (vph) 924 1866 0 0 1082 549 315 0 245 0 0 0 Turn Type Prot Freecustom custom Protected Phases 5 2 6 3 8 Permitted Phases Free 3 8 Actuated Green, G (s) 48.0 96.1 44.1 120.0 15.9 15.9 Effective Green, g (s) 48.0 96.1 44.1 120.0 15.9 15.9 Actuated g/C Ratio 0.40 0.80 0.37 1.00 0.13 0.13 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 10 3.0 3ne Grp Cap (vph) 1373 2834 1869 1583 455 369 ,rls Ratio Prot 0.27 c0.53 0.21 c0.09 0.09 v/s Ratio Perm 035 vlc Ratio 0.67 0.67 0.58 0.35 0.69 0.66 Uniform Delay, d1 29.6 5.1 30.5 0.0 49.7 49.5 Progression Factor 1.16 1.05 0.98 1.00 1.00 1.00 Incremental Delay, d2 0.8 0.8 1.1 0.5 4.5 4.5 Delay (s) 35.1 6.1 30.9 0.5 54.2 54.0 Level of Service O A C A D D Approach Delay (s) 15.7 20.7 54.1 0.0 Approach LOS B C O A tnte>s Rio m r j ;1 HCM Average Control Delay 21.6 HCM Level of Service C HCM Volume to Capacity ratio 0.67 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity utilization 67.8% ICU Level of Service B c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 4 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 144 of 513 2005 Immokalee Road 6: Immokalee Road & Northbrook Drive Background Traffic Conditions Movemont. ., EL_ JwBT, - ESR WBL MT. WSR NBL NBT NBR $6L:: Lane Configurations 11 ft r 1) tt r I r t r Ideal Flow (vphp1) 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 Lane LICH. Factor 0.97 0.95 1.00 0.97 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 Fit 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 Said. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1563 1770 1863 1583 Fit 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 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 180 1710 70 110 1285 40 60 5 40 110 5 155 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 196 1859 76 120 1397 43 65 5 43 120 5 168 Lane Group Flow (vph) 196 1859 76 120 1397 43 65 5 43 120 5 168 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 13.0 83.9 83.9 9.0 79.9 79.9 15.1 15.1 15.1 15.1 15.1 15.1 Effective Green, g (s) 13.0 83.9 83.9 9.0 79.9 79.9 15.1 15.1 15.1 15.1 15.1 15.1 Actuated g/C Ratio 0.11 0.70 0.70 0.08 0.67 0.67 0.13 0.13 0.13 0.13 0.13 OJ3 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) 372 2474 1107 257 2356 1054 177 234 199 177 234 199 v/s Ratio Prot c0.06 c0.53 0.03 0.39 0.00 0.00 v/s Ratio Perm 0.05 0.03 0.05 0.03 0.09 0.11 v/c Ratio 0.53 0.75 0.07 0.47 0.59 0.04 0.37 0.02 0.22 0.68 0.02 0.84 Uniform Delay, d1 50.6 11.4 5.7 53.2 11.1 6.9 48.1 46.0 47.1 50.1 46.0 51.3 Progression Factor 0.76 0.49 1.10 0.92 0.38 0.19 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.0 1.7 0.1 1.1 0.9 0.1 13 0.0 0.5 9.9 0.0 26.5 Delay (s) 39.6 7.3 6.4 50.2 5.1 1.3 494 46.0 47.7 60.0 46.0 77.8 Level of Service D A A D A A D D D E D E Approach Delay (s) 10.2 8.5 48.6 69.9 Approach LOS B A D E irit�r;���igt�k • .� 1 HCM Average Control Delay 14.9 HCM Level of Service B HCM Volume to Capacity ratio 0.75 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 78.1% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9128/2001 Page 5 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 145 of 513 2005 Immokalee Road Immokalee Road & Oakes Boulevard Background Traffic Conditions -,.* - ---t #r 4- k' "4\ I fir` ,� "4/ MowA rrlent : .,.. 1r11� ��a;:: f=f3M WtfL . YYtS�. VVIStf IVCS.L•? Np :l . lVCihf 610t_ ? '1 �vC i_. Lane Configurations M it r M ft it t r I t r 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 Lane Util. Factor 0.97 0.95 1.00 0.97 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 Fit 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 (prat) 3433 3539 1583 3433 3539 1583 1770 1863 1563 1770 1863 1583 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 1.00 0.74 1.00 1.00 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1378 1863 1563 1378 1863 1583 Volume (vph) 145 1500 290 205 1065 100 250 25 225 100 25 120 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 Adj. Row (vph) 158 1630 315 223 1158 109 272 27 245 109 27 130 Lane Group Flow (vph) 158 1630 315 223 1158 109 272 27 245 109 27 130 Turn Type. ' Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 10.1 70.2 70.2 10.7 70.8 70.8 27.1 27.1 27.1 27.1 27.1 27.1 Effective Green, g (s) 10.1 70.2 70.2 10.7 70.8 70.8 27.1 27.1 27.1 27.1 27.1 27.1 Actuated g/C Ratio 0.08 0.59 0.59 0.09 0.59 0.59 0.23 0.23 0.23 0.23 0.23 0.23 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 m ine Grp Cap (vph) 289 2070 926 306 2088 934 311 421 357 311 421 357 ./s Ratio Prot 0.05 c0.46 c0.06 0.33 0.01 0.01 v/s Ratio Perm 0.20 0.07 c0.20 0.15 0.08 0.08 We Ratio 0.55 0.79 0.34 0.73 0.55 0A2 0.87 0.06 0.69 0.35 0.06 0.36 Uniform Delay, d1 52.6 19.2 12.9 53.2 15.0 10.8 44.8 36.5 42.6 39.1 36.5 39.2 Progression Factor 0.72 0.40 0.35 1.23 0.44 0.11 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.5 2.2 0.7 7.3 0.9 0.2 22.8 0.1 5.4 0.7 0.1 0.6 Delay (s) 39.5 9.9 5.3 73.0 7.5 1.4 67.6 36.6 48.0 39.7 36.6 39.8 Level of Service D A A E A A E 0 D D D D Approach Delay (s) 11.4 16.9 57.2 3915 Approach LOS B B E D HCM Average Control Delay 20.6 HCM Level of Service C HCM Volume to Capacity ratio 0.80 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 83.1% ICU level of Service D c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 6 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 146 of 513 2005 Immokalee Road 8: l mmokalee Road & Laurel Oaks Elementary School Background Traffic Conditions i ---* -* -,* 'k- - t 10� .V mev,eMonl::: _ .,:. : _ EE3f;: ..E�.T_ �Bf� 1NBL W$1 WBR NBl :.. ST.:. f�lj�R. SOL S81` SBR Lane Configurations tt +t r 4, 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 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.91 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.98 Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1664 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.91 Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1392 1583 1532 Volume (vph) 5 1455 5 5 955 5 10 0 5 5 0 10 Peak -hour factor, PHF 0.92 0492 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 5 1582 5 5 1038 5 11 0 5 5 0 11 Lane Group Flow (vph) 5 1582 5 5 1038 5 0 11 5 0 16 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 Actuated Green, G (s) 1.4 99.1 99.1 2.4 100.1 100.1 6.5 6.5 6.5 Effective Green, g (s) 1.4 99.1 99.1 2.4 100.1 100.1 6.5 6.5 6.5 Actuated g/C Ratio 0.01 0.83 0.83 0.02 0.83 0.83 0.05 0.05 0.05 Clearance Time (s) 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 Lane Grp Cap (vph) 21 2923 1307 35 2952 1320 75 86 83 v/s Ratio Prot 0.00 c0.45 0.00 c0.29 v/s Ratio Perm 0.00 0.00 0.01 0.00 c0.01 We Ratio 0.24 0.54 0.00 0.14 0.35 0.00 0.15 0.06 0.19 Uniform Delay* d1 58.8 3.3 1.8 57.8 2.3 1.7 54.1 518 54.2 Progression Factor 1.52 0.24 0.00 0.65 0.26 0.18 1.00 1.00 1.00 Incremental Delay, d2 4.1 0.5 0.0 1.8 0.3 0.0 0.9 0.3 1.1 Delay (s) 93.7 1.3 0.0 39.7 0.9 0.3 55.0 54.1 55.4 Level of Service F A A D A A E. D E Approach Delay (s) 1.6 1.1 54.7 55.4 Approach LOS A A D E late rw t. HCM Average Control Delay 2.0 HCM Level of Service A HCM Volume to Capacity ratio 0.51 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 6.0 Intersection Capacity Utilization 60.4% ICU Level of Service 6 c Critical lane Group RLP Synchro 5 Report 9/28/2001 Page 7 tv1ETROTFOR4+F51 Agenda Item No. 81 November 28, 2006 Page 147 of 513 2005 Immokalee Road 1: Immokalee Road & Gulf Coast High School Background Traffic Conditions fiosremeni IrEi., rT Es3i . VV81- Wt3T NVIR . t�IBL _ NBT NBA SBL SST... $'F3R Lane Configurations I tt r t¢ r 4 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 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Fri 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.90 Flt Protected 0.95 1.00 1100 0.95 1.00 1.00 0195 1.00 0.99 Said. Flow (prot) 1770 3539 1583 1770. 3539 1583 1770 1583 1651 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 0.94 Said. Flow (perm) 1770 3539 .1583 1770 3539 1583 1385 1583 1575 Volume (vph) 10 1440 5 5 885 5 50 0 20 5 0 15 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 Adj. Flow (vph) 11 1565 5 5 962 5 54 0 22 5 0 16 Lane Group Flow (vph) 11 1565 5 5 962 5 54 22 0' 0 21 0 Turn Type Prot Perm Prot Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 5.6 96.9 96.9 1.3 92.6 92.6 9.8 9.8 9.8 Effective Green, g (s) 5.6 96.9 96.9 1.3 92.6 92.6 9.8 9.8 9.8 Actuated g1C Ratio 0.05 0.61 0.81 0.01 0.77 0.77 0.08 0.08 0.08 Clearance Time (s) 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 ane Grp Cap (vph) 83 2858 1278 19 2731 1222 113 129 129 v1s Ratio Prot 0.01 c0.44 0.00 c0.27 0.01 v/s Ratio Perm 0.00 0.00 c0.04- 0.01 v/c Ratio 0.13 0.55 0.00 0.26 0.35 0.00 0.48 0.17 0.16 Uniform Delay, di 54.9 4.0 2.2 58.9 4.3 3.1 52.7 51.3 51.3 Progression Factor 0.90 0.04 0.01 1.09 0.19 0.05 1.00 1.00 1.00 Incremental Delay, d2 0.6 0.7 0.0 6.8 0.3 0.0 3.2 0.6 0.6 Delay (s) 49.9 0.8 0.0 70.9 1.1 0.2 55.8 51.9 51.9 Level of Service D A A E A A E D D Approach Delay (s) 1.1 1.5 54.7 51.9 Approach LOS A A D D HCM Average Control Delay 3.2 HCM Level of Service A HCM Volume to Capacity ratio 0.54 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 53.3% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9128/2001 Page 8 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 148 of 513 2005 Immokalee Road 10: Immokalee Road & C.R. 951 Background Traffic Conditions EBL .:.E 17 • ;EI H WBL. WBT WBR. NBL :.• NBT Lane Configurations r 1) t r I t F 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 Lane Util. Factor 0.95 1.00 0.97 0.95 0.97 1.00 Fit 1.00 0.85 1.00 1.00 1.00 0.85 Flt Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 3539 1583 3433 3539 3433 1583 Flt Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Satd. Flow (perm) 3539 1583 3433 3539 2736 1583 Volume (vph) 0 1135 220 355 485 0 845 0 660 0 0 0 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 Adj. flow (vph) 0 1234 239 386 527 0 .375 0 717 0 0 0 Lane Group Flow (vph) 0 1234 239 386 527 0 375 0 717 0 0 0 Turn Type Prot Free Prot Perm Perm Free Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases Free 6 8 Free 4 4 Actuated Green, G (s) 63.0 120.0 24.0 91.0 21.0 120.0 Effective Green, g (s) 63.0 120.0 24.0 91.0 21.0 120.0 Actuated g/C Ratio 0.52 1.00 0.20 0.76 0.18 1.00 Clearance Time (s) 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1858 1583 687 2684 479 1583 Ws Ratio Prot c0.35 c0.11 0.15 v/s Ratio Perm 0.15 c0.14 0.45 v/c Ratio 0.66 0.15 0.56 0.20 0.78 0.45 Uniform Delay, di 20.8 0.0 43.3 4.1 47.3 0.0 Progression Factor 0.05 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.3 0.1 1.1 0.2 8.2 0.9 Delay (s) 2.4 0.1 44.3 4.3 55.5 0.9 Level of Service A A D A E A Approach Delay (s) 2.1 21.2 19.7 0.0 Approach LOS A C B A HCM Average Control Delay 12.6 HCM Level of Service B HCM Volume to Capacity ratio 0.66 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 653% ICU Level of Service B c Critical Lane Group RLp Synchro 5 Report 9/28/2001 Page 9 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 149 of 513 - 2005 Immokalee Road 0: Immokalee Road & Mirasol Site Access Background Traffic Conditions Mov. @(Vent 13L . `� !#k4K M .Wt ;l:- W,Mi NOL- '- ,.:N441 Ntsht . 'Pt4L Lane Configurations tt F I tt in t r t f 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 Lane Util. Factor 0.95 1.00 1.00 0.95 1.00 1.00 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Fit Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 3539 1583 1770 3539 1770 1583 Flt Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Satd. Flow (perm) 3539 1583 1770 3539 1410 1583 Volume (vph) 0 1365 80 10 845 0 -55 0 5 0 0 0 Peak -hour factor, PHF 0.92 002 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 1484 87 11 918 0 60 0 5 0 0 0 Lane Group Flow (vph) 0_1484 87 11 918 0 60 0 5 0 0 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Penn Protected Phases 7 4 3 8 2 6 Permitted Phases 4 8 2 2 6 6 Actuated Green, G (s) 62.5 62.5 1.5 68.0 44.0 44.0 Effective Green, g (s) 62.5 62.5 1.5 68.0 44.0 44.0 Actuated g/C Ratio 0.52 0.52 0.01 0.57 0.37 0.37 Clearance Time (s) 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 ane Grp Cap (vph) 1843 824 22 2005 517 580 ./s Ratio Prot c0.42 0.01 c0.26 v/s Ratio Perm 0.05 c0.04 0.00 v/c Ratio 0.81 0.11 0.50 0.46 0.12 0.01 Uniform Delay, d1 23.7 14.6 58.9 15.2 25.1 24.1 Progression Factor 0.18 0.11 0.79 0.52 1.00 1.00 Incremental Delay, d2 2.3 0.0 16.1 0.2 0.5 0.0 Delay (s) 6.6 1.6 62.6 8.1 25.6 242 Level of Service A A E A C G Approach Delay (s) 6.3 8.8 25.5 0.0 Approach LOS A A C A ,37A HCM Average Control Delay 7.7 HCM level of Service A HCM Volume td Capacity ratio 0.51 Actuated Cycle Length (s) 120.0 Sum of lost'lime (s) 8.0 Intersection Capacity Utilization 51.0% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 10 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 150 of 513 2005 Immokalee Road 32: Immokalee Road_& Loan Boulevard Extension Background Traffic Conditions c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 11 METROTFOR4 -FF51 Movement.:;: L- : E $.T, 1580: W8L_. WBT WQH: NBL NOT .�NBR 813E 58;T 3�R Lane Configurations tt jr tt r t r I t r 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 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 025 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 11583 1770 3539 1583 1770 1863 1583 1770 1863 1583 Flt 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 Said. Flow (perm) 3433 3539 1583 1770 3539 1583 1392 1863 1583 1392 1863 1583 Volume (vph) 285 1305 35 35 865 80 220 15 100 65 15 235 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 310 1418 38 38 940 87 239 16 109 71 16 255 Lane Grout Flow (vph) 310 1418 38 38 940 87 239 16 109 71 16 255 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) 16.0 61.5 61.5 5.2 50.7 50.7 41.3 41.3 41.3 41.3 41.3 41.3 Effective Green, g (s) 16.0 61.5 61.5 5.2 50.7 50.7 41.3 41.3 41.3 41.3 41.3 41.3 Actuated g/C Ratio 0.13 0.51 0.51 0.04 0.42 0.42 0.34 0.34 0.34 0.34 0.34 0.34 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) 458 1814 811 77 1495 669 479 641 545 479 641 545 v/s Ratio Prot c0.09 c0.40 0.02 0.27 0.01 0.01 v/s Ratio Perm 0.02 0.05 c0.17 0.07 0,05 0.16 v/c Ratio 0.68 0.78 0.05 0.49 0.63 0.13 0.50 0.02 0.20 0.15 0.02 0.47 Uniform Delay, d1 49.5 23.8 14.6 56.1 27.2 21.2 31.2 26.0 27.7 27.2 26.0 30.8 Progression Factor 1.25 0.83 1.27 1.20 0.56 0.54 1.00 1.00 1.00 i.00 1.00 1.00 Incremental Delay, d2 27 1.6 0.0 4.7 0.8 0.1 3.7 0.1 0.8 0.7 0.1 2.9 Delay (s) 64.7 21.4 18.6 72.0 16.0 11.6 34.8 26.1 28.5 27.8 26.1 33.6 Level of Service E C B E 4 B C C C C C C Approach Delay (s) 28.9 17.7 32.6 32.1 Approach LOS C B C C HCM Average Control Delay 26.2 HCM Level of Service C HCM Volume to Capacity ratio 0.68 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 72.5% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 11 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 151 of 513 2005 TRAFIC INCLUDING TERAFINA ONLY Agenda Item No. 81 November 28, 2006 Page 152 of 513 2005 Immokalee Road 2: Immokalee Road & Livingston Road with Tera #Ina only Lane Configurations 1) ttt F M ttt r M W r M + ++ r 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 Lane Util. Factor 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 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 Fit 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 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Fit Permitted 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 (perm) 3433 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Volume (vph) 310 2425 125 75 1830 155 105 75 95 175 75 265 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 Adj. Flow (vph) 337 2636 136 82 1989 168 114 82 103 190 82 288 Lane Group Flow (vph) 337 2636 136 82 1989 168 114 82 103 190 82 288 Turn Type Prot Perm Prot Perm Prot Perm Prot Perm Protected Phases 5 2 1 6 3 8 7 4 Permitted Phases 2 6 a 4 Actuated Green, G (s) 18.8 81.1 81.1 4.0 66.3 66.3 7.0 9.2 9.2 9.7 11.9 11.9 Effective Green, g (s) 18.8 81.1 81.1 4.0 66.3 66.3 7.0 9.2 9.2 9.7 11.9 11.9 Actuated g/C Ratio 0.16 0.68 0.68 0.03 0.55 0.55 0.06 0.08 0.08 0.08 0.10 0.10 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) 538 3437 1070 114 2809 875 200 390 121 278 504 157 v/s Ratio Prot 0.10 c0.52 0.02 c0.39 0.03 0.02 c0.06 0.02 v/s Ratio Perm 0.09 0.11 0.07 0.18 v/c Ratio 0.63 0.77 0.13 0.72 0.71 0.19 0.57 0.21 0.85 0.68 0.16 1.83 Uniform Delay, di 47.3 13.1 6.9 57.4 19.7 13.4 55.0 52.0 54.7 53.7 49.5 54.0 Progression Factor 1.00 1.00 1.00 1.02 0.51 0.79 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 2.3 1.7 0.2 16.6 1.3 0.4 3.7 0.3 40.4 6.8 0.2 399.2 Delay (s) 49.6 14.8 7.1 75.1 11.4 11.1 58.7 52.3 95.1 60.4 49.6 453.2 Level of Service D B A E B B E D F E D F Approach Delay (s) 18.2 13.7 69.5 260.9 Approach LOS B B E F HCM Average Control Delay D 41.0 HCM Level of Service HCM Volume to Capacity ratio 0.90 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 16.0 Intersection Capacity Utilization 76.4 % ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 1 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 153 of 513 2005 Immokalee Road 3: Immokalee Road & The Strand with Terafina only Lane Configurations I Ot r I W r 4 r + F 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 Lane Util. Factor 1.00 0.91 1.00 1.00 0.91 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fit 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.85 Fit 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) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1863 1583 Fit 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 Satd. Flow (perm) 1770 5085 1583 1770 5085 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 160 2475 60 10 1870 25 55 5 10 25 5 135 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 174 2690 65 11 2033 27 60 5 11 27 5 147 Lane Group Flow (vph) 174 2690 65 11 2033 27 60 5 11 27 5 147 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 15.5 96.0 96.0 1.8 82.3 82.3 10.2 10.2 10.2 10.2 10.2 10.2 Effective Green, g (s) 15.5 96.0 96.0 1.8 82.3 82.3 10.2 10.2 10.2 10.2 10.2 10.2 Actuated g/C Ratio 0.13 0.80 0.80 0.02 0.69 0.69 0.08 0.08 0.08 0.08 0.08 0.08 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} 229 4068 1266 27 3487 1086 119 158 135 119 158 135 vls Ratio Prot c0.10 c0.53 0.01 c0.40 0.00 0.00 v/s Ratio Perm 0.04 0.02 0.04 0.01 0.02 0.09 vie Ratio 0.76 0.66 0.05 0.41 0.58 0.02 0.50 0.03 0.08 0.23 0.03 1.09 Uniform Delay, d1 50.5 5.1 2.5 58.6 9.9 6.0 52.5 50.4 50.6. 51.2 50.4 54.9 Progression Factor 1.09 0.66 0.08 0.77 0.38 0.36 1.00 1.00 1.00 1.00 1.00 1.00 incremental Delay, d2 9.1 0.6 0.1 7.0 0.5 0.0 3.3 0.1 0.3 1.0 0.1 103.3 Delay (s) 64.1 4.0 0.3 52.3 4.2 2.2 55.8 50.5 50.8 52.2 50.5 158.2 Level of Service E A A D A A E D D D D F Approach Delay (s) 7.5 4.5 54.7 139.2 Approach LOS A A D F HCM Average Control Delay 11.5 HCM Level of Service B HCM Volume to Capacity ratio 0.69 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 68.6% ICU Level of Service B c Critical Lane Group ALP Synchro 5 Report 9/28/2001 Page 2 MF_TROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 154 of 513 2005 Immokalee Road 4: Immokalee Road & 1 -75 Southbound Ramp with Terafina only Lane Configurations tttt rrt Tt VM ff 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 Lane Util. Factor 0.86 1.00 1.00 0.95 0.97 0.88 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Flt Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 6408 1583 1770 3539 3433 2787 Flt Permitted 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (perm) 6408 1583 1770 3539 3433 2767 Volume (vph) 0 2185 340 210 1185 0 0 0 0 595 0 725 Peak -hour factor, PHF 0.92 0192 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 2375 370 228 1288 0 0 0 0 647 0 788 Lane Group Flow (vph) 0 2375 370 228 1288 0 0 0 0 647 0 788 Turn Type Free Prot custom custom Protected Phases 2 1 6 7 Permitted Phases Free 7 4 Actuated Green, G (s) 51.3 120.0 20.0 75.3 36.7 36.7 Effective Green, g (s) 51.3 120.0 20.0 75.3 36.7 36.7 Actuated g/C Ratio 0.43 1.00 0.17 0.63 0.31 0.31 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 2739 1583 295 2221 1050 852 vls Ratio Prot c0.37 c0.13 0.36 0.19 v/s Ratio Perm 0.23 0.28 v/c Ratio 0.87 0.23 0.77 0.58 0.62 0.92 Uniform Delay, d1 31.2 0.0 47.8 13.1 35.6 40.3 Progression Factor 0.62 1.00 0.86 0.27 1.00 1.00 Incremental Delay, d2 3.2 0.3 9.8 0.9 1:1 15.5 Delay (s) 22.6 0.3 51.1 4.5 36.7 55.9 Level of Service C A D A D E Approach Delay (s) 19.5 11.5 0.0 47.2 Approach LOS B B A D ACM Average Control Delay 24.4 HCM level of Service C iCM Volume to Capacity ratio 0.87 ,otuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 itersection Capacity Utilization 75.5% ICU Level of Service C Critical Lane Group Synchro 5 Report ?001 Page 3 ?OTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 155 of 513 2005 Immokalee Road imrnokalee Road & 1-75 Northbound Ramp with Terafina only ,A , '`t i. .t-• k 4\ I fir" Lane Configurations 11 t' W F 11 FF 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 Lane Md. Factor 0.97 0.95 0.91 1.00 0.97 0.88 Frt 1.00 1.00 1.00 0.85 1.00 0.85 Flt Protected 0.95 1.00 1.00 11.00 0195 1.00 Satd. Flow (prot) 3433 3539 5085 1583 3433 2787 Fit Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (perm) 3433 3539 5085 1583 3433 2787 Volume (vph) 850 1930 0 0 1105 520 290 0 255 0 0 0 Peak -hour factor, PHF 0.92 0492 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adl. Flow (vph) 924 2098 0 0 1201 565 315 0 277 0 0 0 Lane Group Flow (vph) 924 2098 0 0 1201 565 315 0 277 0 0 0 Turn Type Prot Free custom custom Protected Phases 5 2 6 3 8 Permitted Phases Free 3 8 Actuated Green, G (s) 45.0 95.1 46.1 120.0 16.9 16.9 Effective Green, g (s) 45.0 95.1 46.1 120.0 16.9 16.9 Actuated g/C Ratio 0.38 0.79 0.38 1.00 0.14 0.14 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 .ane Grp Cap (vph) 1287 2805 1953 1583 483 393 v1s Ratio Prot 0.27 00.59 0.24 0.09 00.10 v/s Ratio Perm 0.36 v/c Ratio 0.72 0.75 0.61 0.36 0.65 0.70 Uniform Delay, di 32.1 6.3 29.8 0.0 48.8 49.2 Progression Factor 1.17 1.28 0.57 1.00 1.00 1.00 Incremental Delay, d2 1.1 1.1 1.2 0.5 3.2 5.7 Delay (s) 38.8 9.2 18.2 0.5 51.9 54.8 Level of Service D A B A D D Approach Delay (s) 18.2 12.5 53.3 0.0 Approach LOS B B D A HCM Average Control Delay 20.2 HCM Level of Service C HCM Volume to Capacity ratio 0.74 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 74.4% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 4 METROTFOR4 -1=F51 Agenda Item No. 81 November 28, 2006 Page 156 of 513 2005 immokalee Road 6: Immokalee Road & Northbrook Drive with Terafina only Lane Configurations 1) tt F M Tt r _'� t r v/s Ratio Prot t r ideal .Flog (vphpl) 1900 . 1900'. 1900: 19 }0 1900. 19Q0 . 1900 1900 1900 1900 . low 19oo 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 Util. Factor 0.97.. , 0:95 1 „00 . :097 0.95 1;QQ. .100 1.00. 1.00 1,00 1.OQ, -L:QO 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 :. Q 951 1.00 _ 1,OQ' 0.95: 1.00 .1.00. 0.95. 1.00 : 1:00 Satd. Flow (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 Ftt`Peirrtitted-. 0.95 1180. 1:00. ; 0 95 1.Q0 . 1 : 0l; 1.00 1-.Q0 0.75 1.OG 1.00 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1405 1863 1583 1405 1863 1583 Vglume(vpty %$R .: 'l4 i1V . 1430 E Peak -hour factor, P.HF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adi :; Fto+n! (!�ph) . 196 2 03 ='7 120` :153:3: 4Q, '. -.. >65 5. '43 120 5 16$ Lane Group Flow (vph) 196 2103 76 120 1533 43 65 5 43 120 5 168 Turn:Type :: Prai E'erm Pew Perm Perm: Perm Berm Protected Phases 5 ,�.- 2 , ,Pot 1 . _ 6 : 8 4 Permittod'Phases _ 6 8: 8 4 4 Actuated Green, G (s) 12.0 96.8 86.8' 7.0 81.8 81.8 14.2 14.2 14.2 14.2 14.2 14.2 ffective:Green, g(s} i2 Q t35 s 88 7:Q. 8;1,.8: 818 .. i4:2 4;2 . 14:2 14:2 i4:2 14.:Q Actuated g/C Ratio 0.10 0.72 0.72 0.06 0.68 0.68 0.12 0.12 0.12 0.12 0.12 0.12 C1�arance Titrte. (s) 4 b 4,02 ::4 A 4 Q ; 4i0` 4.0 4.0 , 4:0 40 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 iC+llveragernrf tier: -y -. 7 o wra tivl of sets: HCM Volume to Capacity. ratio 0.80 Adtuat -Cyole Lengttl (s9:: 12U b Sum :Qf'lgst tm:.(s) 8.0 Intersection Capacity Utilization 84_.8% ICU Level of Service D C 060 Ga l: Lade: Group_ v/s Ratio Prot cO.06 cO.59 0.03 0.43 0.00 0.00. v!e ttio Peitri' :> 0.03 We Ratio 0.57 :O.B 0.82 0.07 A 0.60 0.64 0.04 0.39 0.02 0.23 0.72 0.02 0.90 Uniform Retay d1::1 s. ; tie, :::551 1017 '•_: �6 2:. `. 4$.9; 0. 8 >' 4.9 51.0 :2 Progression Factor 0.81 0.81 2.08 1.14 0.27 0.23 1.00 1.00 1.00 1.00 1.00 1.00 I creirtieratal ge)ay;, d2' 1,6 .2 `. '(i 1.... t3. ' 1.0 Qi . , 1 5. ` 0 0 ' 0 6 14.4. O Q 3$ 2 Delay (s) 43.4 :. 11.3 1 10. 66.4 3.9 1.5 50.4 46.8 48.6 65.4 46.8 90.4 1,evdF ©f,erVioe D _ 8 .R D D E Q t~ Approach Delay (s) 13.9 6.3 49.6 79.4 E iC+llveragernrf tier: -y -. 7 o wra tivl of sets: HCM Volume to Capacity. ratio 0.80 Adtuat -Cyole Lengttl (s9:: 12U b Sum :Qf'lgst tm:.(s) 8.0 Intersection Capacity Utilization 84_.8% ICU Level of Service D C 060 Ga l: Lade: Group_ N 2005 7: Immokalee Road & Oakes Boulevard Agenda Item No. 81 November 28, 2006 Page 157 of 513 Immokalee Road with Teraflna only Lane Configurations 11 tt r 1) tt r '3 t IT t F Weal 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 Lane Util. Factor 0.97 0.95 1.00 0.97 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 3433 3539 1583 1770 1863 1583 1770 1863 1583 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 1.00 0.74 1.00 1.00 Satd. Flow (perm) 3433 1583 3433 3539 1583 1378 1863 1583 1378 1863 1583 Volume (vph) 145 _3539 1725 290 220 1195 100 250 25 250 100 25 120 Peak -hour factor, PHF 0.92 0192 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 158 1875 315 239 1299 109 272 27 272 109 27 130 Lane Group Flow (vph) 158 1875 315 239 1299 109 272 27 272 109 27 130 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 10.0 72.0 72.0 10.0 72.0 72.0 26.0 26.0 26.0 26.0 26.0 26.0 Effective Green, g (s) 10.0 72.0 72.0 10.0 72.0 72.0 26.0 26.0 26.0 26.0 26.0 26.0 Actuated g/C Ratio 0.08 0.60 0.60 0.08 0.60 0.60 0.22 0.22 0.22 0.22 0.22 0.22 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) 286 2123 950 286 2123 950 299 404 343 299 404 343 v/s Ratio Prot 0.05 c0.53 c0.07 0.37 0.01 0.01 v/s Ratio Perm 0.20 0.07 c0.20 0.17 0.08 0.06 v/c Ratio 0.55 0.88 0.33 0.84 0.61 0.11 0.91 0.07 0.79 0.36 0.07 0.38 Uniform Delay, d1 52.8 20.4 12.0 54.2 15.2 10.3 45.9 37.4 44.5 40.0 37.4 40.1 Progression Factor 0.84 0.68 0.41 1.34 0.52 0.49 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.4 3.7 0.6 15.2 1.0 0.2 29.5 0.1 11.9 0.8 0.1 0.7 Delay (s) 46.0 17.5 5.5 88.1 9.0 5.2 75.4 37.4 56.3 40.7 37.4 40.8 Level of Service D B A F A A E D E D D D Approach Delay (s) 17.8 20.2 64.5 40.4 Approach LOS B C E D HCM Average Control Delay 25.4 HCM level of Service C HCM Volume to Capacity ratio 0.89 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 90.4% ICU Level of Service E c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 6 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 158 of 513 2005 immokalee Road 8: Immokalee Road & Laurel Oaks Elementary School with Terafina only . ......... � -0- � f- � � t Lane Configurations I tT r tt r 4 If + 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 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.40 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.91 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.98 Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1664 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.91 Satd. Ffow (perm)_ 1770 3539 1583 1770 3539 1583 1392 1583 1532 Volume (vph) 5 1485 5 5 1040 5 10 0 5 5 0 10 Peak -hour factor, PHF 0.92 002 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 5 1614 5 5 1130 5 11 0 5 5 0 11 Lane Group. Flow (vph) 5 1614 5 5 1130 5 0 11 5 0 16 0 Turn Type Prot Perm Prot Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 Actuated Green, G (s) 2:2 100.1 100.1 1.4 99.3 99.3 6.5 6.5 6.5 Effective Green, g (s) 2.2 100.1 100.1 1.4 99.3 99.3 6.5 6.5 6.5 Actuated g/C Ratio 0.02 0.83 0.83 0.01 0.83 0.83 0.05 0.05 0.05 Clearance Time (s) 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 Lane Grp Cap (vph) 32 2952 1320 21 2929 1310 75 86 83 v/s Ratio Prot 0.00 c0.46 0.00 c0.32 v/s Ratio Perm 0.00 0.00 0.01 0.00 c0.01 We Ratio 0.16 0.55 0.00 0.24 0.39 0.00 0.15 0.06 0.19 Uniform Delay, di 58.0 3.0 1.7 58.8 2.6 1.8 54.1 53.8 54.2 Progression Factor 0.97 0.19 0.07 1.01 0.37 0.35 1.00 1.00 1.00 Incremental Delay, d2 1.7 0.6 0.0 5.5 0.4 0.0 0.9 0.3 1.1 Delay (s) 58.2 1.1 0.1 65.0 1.3 0.6 55.0 54.1 55.4 Level of Service E A A E A A E D E Approach Delay (s) 1.3 1.6 54.7 55.4 Approach LOS A A D E 2.0 HCM Level of Service A HCM Average Control Delay HCM Volume to Capacity ratio 0.53 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 61.3% ICU Level of Service B r, Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 7 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 159 of 513 2005 immokalee Road 9: Immokalee Road & Gulf Coast High School with Terafina only -* -0. ---* f '�- -*\ t r` '-. � W Lane Configurations 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 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.90 Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.99 Satd. Flow (prat) 1770 3539 1583 1770 3539 1583 1770 1583 1651 Flt Permitted 0.95 1.00 1.00 0.95 0.00 1.00 0.74 1.00 0.94 Satd Flow (perm) 1770 3539 1583 1770 3539 1583 1385 1583 15.75 Volume (vph) 10 1480 5 5 985 5 50 0 20 5 0 16 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 11 1609 5 5 1071 5 54 0 22 5 0 16 Lane Group Flow (vph) 11 1609 5 5 1071 5 54 22 0 0 21 0 Turn Type Prot Perm Prot Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 2.2 96.9 96.9 1.3 96.0 96.0 9.8 9.8 9.8 Effective Green, g (s) 2.2 96.9 96.9 1.3 96:0 96.0 9.8 9.8 9.8 Actuated g/C Ratio 0.02 0.81 0.81 0.01 0.80 0.80 0.08 0.08 0.08 Clearance Time (s) 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 Lane Grp Cap (vph) 32 2858 1278 19 2831 1266 113 129 129 v/s Ratio Prot 0.01 c0.45 0.00 c0.30 0.01 v1s Ratio Perm 0.00 0.00 c0.04 0.01 v/c Ratio 0.34 0.56 0.00 0.26 0.38 0.00 0.48 0.17 0.16 Uniform Delay, di 58.2 4.1 2.2 58.9 3.4 2.4 52.7 51.3 51.3 Progression Factor 0.91 0.20 0.18 1.25 0.38 0.05 1.00 1.00 1.00 Incremental Delay, d2 5.5 0.7 0.0 6.8 0.4 0.0 3.2 0.6 0.6 Delay (s) 58.5 1.5 0.4 80.5 1.7 0.1 55.8 51.9 51.9 Level of Service E A A F A A E D D Approach Delay (s) 1.9 2.0 54.7 51.9 Approach LOS A 11 A D D OWN 11 3.8 HCM Level of Service A HCM Average Control Delay HCM Volume to Capacity ratio 0.56 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 54.5% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 8 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 160 of 513 2005 Immokalee Road 10: Immokalee Road & C.R. 951 with Terafina only Lane Configurations +T r M ft r 1) + r I t r 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 Lane Util. Factor 0.95 1.00 0.97 0.95 0.97 1.00 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Flt Protected 1.00 1.00 0.95 1.00 0.95 1.00 Said. Flow (prot) 3539 1583 3433 3539 3433 1583 .Fit Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Satd. Flow (perm) 3539 1583 3433 3539 2736 1583 Volume (vph) 0 1140 240 355 495 0 380 0 660 0 0 0 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Ad]. Flow (vph) 0 1239 261 386 538 0 413 0 717 0 0 0 Lane Group Flow (vph) 0 1239 261 386 538 0 413 0 717 0 0 0 Turn Type Prot Free Prot Perm Perm Free Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases Free 6 8 Free 4 4 Actuated Green, G (s) 67.0 120.0 18.3 89.3 22.7 120.0 Effective Green, g (s) 67.0 120.0 18.3 89.3 22.7 120.0 Actuated g/C Ratio 0.56 1.00 0.15 0.74 0.19 1.00 Clearance Time (s) 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 1976 1583 524 2634 518 1583 v/s Ratio Prot c0.35 c0.11 0.15 v/s Ratio Perm 0.16 WAS 0.45 v/c Ratio 0.63 0.16 0.74 0.20 0.80 0.45 Uniform Delay, di 18.0 0.0 48.5 4.6 46.5 0.0 Progression Factor 0.09 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.0 0.2 5.4 _ 0.2 8.3 0.9 Delay (s) 2.6 0.2 53.9 4.8 54.8 0.9 Level of Service A A D A D A Approach Delay (s) 2.2 25.3 20.6 0.0 Approach LOS A 11 C C A 11 HCM Average Control Delay 11g; 111 14.1 HCM Level of Service i B HCM Volume to Capacity ratio 0.68 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 67.0% ICU Level of Service B c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 9 METROTf-OR4- -f-F51 Agenda Item No. 81 November 28, 2006 Page 161 of 513 2005 Immokalee Road 30: Immokalee Road & Mirasol Site Access with Terafina only Lane Configurations Vi tt F I tT F I ? F 11 T F 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 Lane Util. Factor 0.95 1.00 1.00 0.95 1.00 1.00 Frt 1.00 0.85 1.00 1.00 1.00 0.85 Pit Protected 1.00 1.00 0.95 1.00 0195 1.00 Satd. Flow (prot) 3539 1583 1770 3539 1770 1563 Flt Permitted 1.00 1.00 0.95 1.00 0.76 1.00 Satd. Flow (perm) 3539 1583 1770 3539 1410 1583 Volume (vph) 0 1395 80 10 900 0 55 0 5 0 0 0 Peak -hour factor, PHF 0,92 Q.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 1516 87 11 978 0 60 0 5 0 0 0 Lane Group Flow (vph) 0 1516 67 11 978 0 60 0 5 0 0 0 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) 64.0 64.0 1.5 69.5 42.5 42.5 Effective Green, g (s) 64.0 64.0 1.5 69.5 42.5 42.5 Actuated g/C Ratio 0.53 0.53 0.01 0.58 0.35 0.35 Clearance Time (s) 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 Lane Grp Cap (vph) 1887 844 22 2050 499 561 v/s Ratio Prot c0.43 0.01 60.28 v/s Ratio Perm 0.05 60.04 0.00 v/c Ratio 0.80 0.10 0.50 0.48 0.12 0.01 Uniform Delay, di 22.9 13.8 58.9 14.7 26.1 25.1 Progression Factor 0.25 0.13 0.96 0.56 1.00 1.00 Incremental Delay, d2 2.2 0.0 15.9 0.2 0.5 0.0 Delay (s) 7.9 1.9 72.5 8.4 26.6 25.1 Level of Service A A F A C C Approach Delay (s) 7.5 9.1 26.5 0.0 Approach LOS A A C A HCM Average Control Delay 8.6 HGM Level of Service A HCM Volume to Capacity ratio 0.52 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 51.9% ICU Level of Service A c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 10 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 162 of 513 2005 Immokalee Road 32: Immokalee Road & Logan Boulevard Extension with Terafrna only Lane Configurations 11 t? F ft F I + r T r 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 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 Fit 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 Flt 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 Satd. Flow (perm) 3433 3539 1583 1770 3539 1583 1392 1863 1583 1392 1863 1583 Volume (vph) 575 1305 35 35 865 160 220 15 100 105 15 385 Peak -hour factor, PHF 0.92 Q.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 1418 38 38 940 174 239 16 109 114 16 418 Lane Group Flow (vph) 625 1418 38 38 940 174 239 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) 29.7 61.3 61.3 4.6 36.2 36.2 42.1 42.1 42.1 42.1 42.1 42.1 Effective Green, g (s) 29.7 61.3 61.3 4.6 36.2 36.2 42.1 42.1 42.1 42.1 42.1 42.1 Actuated g/C Ratio 0.25 0.51 0.51 0.04 0.30 0.30 0.35 0.35 0.35 0.35 0.35 0.35 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) 850 1808 809 68 1068 478 488 654 555 488 654 555 v/s Ratio Prot c0.18 c0.40 0.02 c0.27 0.01 0.01 v/s Ratio Perm 0.02 0.11 0.17 0.07 0.08 0.26 v/c Ratio 0.74 0.78 0.05 0.56 0.88 0.36 0.49 0.02 0.20 0.23 0.02 0.75 Uniform Delay, dl 41.5 24.0 14.7 56.7 39.8 32.9 30.5 25.5 27.2 27.5 25.5 34.4 Progression Factor 0.76 0.53 .0.15 0.84 0.60 0.60 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.8 1.3 0.0 9.1 8.2 0.4 3.5 0.1 0.8 1.1 0.1 9.1 Delay (s) 33.4 14.0 2.2 56.8 32.0 20.1 34.0 25.6 27.9 28.7 25.6 43.5 Level of Service C e A E C C C C C C C D Approach Delay (s) 19.6 31.0 31.8 39.9 Approach LOS B C C D HCM Average Control Delay 26.5 HCM Level of Service C HCM Volume to Capacity ratio 0.78 Actuated Cycle Length (s) ' 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 75.2% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 11 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 163 of 513 Zoos TRAFFIC INCLUDING TERAFIN.A. AND MIRASO►L Agenda Item No. 81 November 28, 2006 Page 164 of 513 2005 Immokalee Road 2: fmmokalee Road & Livingston Road with Terafina & Mirasof Lane Configurations 171 ttt jr M +tf r 1) tt4 F n W _ r Ideal Flow (vphpi) 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 Lane Util. Factor 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 1.00 0.97 0.91 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 5085 1583 3433 5085 1583 3433 5085 1583 3433 5085 1583 Fit Permitted 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 (perm) 3433 5085 t583 3433 5085 1583 5085 1583 3433 5085 1583 Volume (vph) 310 2550 125 100 1910 185 _3.433 105 - -75 130 220 75 265 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 Adj. Flow (vph) 337 2772 136 109 2076 201 114 82 141 239 82 288 Lane Group Flow (vph) 337 2772 136 109 2076 201 114 82 141 239 82 288 Turn Type Prot Perm Prot Perm Prot Perm Prot Perm Protected Phases 5 2 1 6 3 8 7 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 14.0 77.1 77.1 6.0 69.1 69.1 6.0 10.1 10.1 10.8 14.9 14.9 Effective Green, g (s) 14,0 77.1 77.1 6.0 69.1 69.1 6.0 10.1 10.1 10.8 14.9 14.9 Actuated g/C Ratio 0.12 0.64 0.64 0.05 0.58 0.58 0.05 0.08 0.08 0.09 0.12 0.12 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) 401 3267 1017 172 2928 912 172 428 133 309 631 197 v/s Ratio Prot 0.10 c0.55 0.03 c0.41 0.03 0.02 c0.07 0.02 v/s Ratio Perm 0.09 0.13 0.09 0.18 v/c Ratio 0.84 0.85 0.13 0.63 0.71 0.22 0.66 0.19 1.06 0.77 0.13 1.46 Uniform Delay, d1 51.9 16.9 8.4 55.9 18.2 12.4 56.0 51.1 55.0 53.4 46.8 52.5 Progression Factor 1.00 1.00 1.00 0.96 0.66 1.31 1.00 1.00 1.00 1.00 1.00 1.00 incremental Delay, d2 14.6 3.0 0.3 6.0 1.2 0.4 9.2 0.2 95.0 11.4 0.1 233.6 Delay (s) 66.5 19.8 8.7 59.9 13.2 16.6 65.2 51.4 150.0 64.8 46.9 286.1 Level of Service E B A E B B E D F E D F Approach Delay (s) 24.2 15.6 97.3 167.1 Approach LOS C B F F HCM Average Control Delay 38.0 HCM Level of Service D HCM Volume to Capacity ratio 0.95 Actuated Cycle Length'(s) 120.0 Sum of lost time (s) 16.0 Intersection Capacity Utilization 80.4% ICU Level of Service D c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 1 M ETROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 2005 1mmokaIele'a5W of 513 3: 4mmokaiee Road & The Strand with Mirasol only __-* _10. -,j, 'r 4- A-_ 4\ 1. 4/ Lane Configurations ttt r Ot r - t r t r 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 Lane Util. Factor 1.00 0.91 1.00 1.00 0.91 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) 1770 5085 1583 1770 5085 1583 1770 1863 1583 1770 1863 1583 Fit 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 Satd Flow (perch) 1770 5085 1583 1770 5085 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 160 2495 60 10 1915 25 55 5 10 25 5 135 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 Adj. Flow (vph) 174 21712 65 11 2082 27 60 5 11 27 5 147 Lane Group Flow (vph) 174 2712 65 11 2082 27 60 5 11 27 5 147 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 15.4 96.0 96.0 1.8 82.4 82.4 10.2 10.2 10.2 10.2 10.2 10.2 Effective Green, g (s) 15.4 96.0 96.0 1.8 82.4 82.4 10.2 10.2 10.2 10.2 10.2 10.2 Actuated g/C Ratio 0.13 0.80 0.80 0.02 0.69 0.69 0.08 0.08 0.08 0.08 0.08 0.08 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) 227 4068 1266 27 3492 1087 119 158 135 119 158 135 v/s Ratio Prot c0.10 c0.53 0.01 c0.41 0100 0.00 v1s Ratio Perm 0.04 0.02 0.04 0.01 0.02 0109 vk Ratio 0.77 0.67 0.05 0.41 0.60 0.02 0.50 0.03 0.08 0.23 0.03 1.09 Uniform Delay, dl 50.6 5.1 2.5 56.6 10.0 6.0 52.5 50.4 50.6 51.2 50.4 54.9 Progression Factor 1.12 0.57 0.08 0.79 0.49 0.45 1.00 1.00 1.00 1.00 1 M 1.00 Incremental Delay, d2 9.2 0.5 0.0 6.8 0.5 0.0 33 0.1 0.3 1.0 0.1 103.3 Delay (s) 65.7 3.5 0.3 53.3 5.4 2.7 55.8 50.5 50.8 52.2 50.5 158.2 Level of Service E A A D A A E 0 D D D F Approach Delay (s) 7.1 5.6 54.7 139.2 Approach LOS A A D F HCM Level of Service B HCM Average Control Delay 11.6 HCM Volume to Capacity ratio 0.70 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 69.1% ICU Level of Service B c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 2 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 166 of 513 2005 immokalee Road 4: (immokalee Road & 1 -75 Southbound Ramp with Terafina & Mirasol Lane Configurations 1"T F I tt 11 FF Ideal Flow (vphpi) 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 Lane Util. Factor 0.86 1.00 1.00 0.95 0.97 0.88 Fit 1.00 0.85 1.00 1.00 1.00 0.85 Fit Protected 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (prot) 6408 1583 1770 3539 3433 2787 Flt Permitted 1.00 1.00 0.95 1.00 0.95 1.00 Satd. Flow (perm) 6408 1583 1770 3539 3433 2787 Volume (vph) 0 2395 340 230 1320 0 0 0 0 630 0 725 Peak -hour factor, PHF 0.92 0.02 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 0 2603 370 250 1435 0 0 0 0 685 0 788 Lane Group Flow (vph) 0 2603 370 250 1435 0 0 0 0 685 0 788 Turn Type Free Prot custom custom Protected Phases 2 1 6 7 Permitted Phases Free 7 4 Actuated Green, G (s) 54.1 120.0 18.6 76.7 35.3 35.3 Effective Green, g (s) 54.1 120.0 18.6 76.7 35.3 35.3 Actuated g/C Ratio 0.45 1.00 0.16 0.64 0.29 0.29 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 Lane Grp Cap (vph) 2889 1583 274 2262 1010 820 v/s Ratio Prot c0.41 c0.14 0.41 0.20 v/s flatio Perm 0.23 0.28 We Ratio 0.90 0.23 0.91 0.63 0.68 0.96 Uniform Delay, di 30.5 0.0 49.9 13.1 37.3 41.7 Progression Factor 0.63 1.00 1.39 0.11 1.00 1.00 Incremental Delay, d2 3.9 0.3 26.5 1.0 1.8 22.3 Delay (s) 22.9 0.3 95.8 2.5 39.2 64.0 Level of Service C A F A D E Approach Delay (s) 20.1 16.3 0.0 52.4 Approach LOS C B A D HCM Average Control Delay 26.8 HCM Level of Service C HCM Volume to Capacity ratio 0.92 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 81.1% ICU Level of Service D c Critical Lane Group Ri_P Synchro 5 Report 9128/2001 Page 3 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 167 of 513 2005 lmmokalee Road i'mmokalee Road & 1 -75 Northbound Ramp with Terafina & Mirasoi -.4 -,, --v 4�- *- 4\ t /* 1* 1 -V Lane Configurations Tivi tT TTT F IM FF 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 Lane UUI. Factor 0.97 0.95 0.91 1.00 0.97 0.88 Frt 1.00 1.00 1.00 0.85 1.00 0.85 Fit Protected 0.95 1.00 1.00 1.00 0.95 1.00 Satd.'Fiow (prot) 3433 3539 5085 1583 3433 2787 Flt Permitted 0.95 1.00 1.00 1.00 0.95 1.00 Satd. Flow (perm) 3433 3539 5085 1583 3433 2787 Volume (vph) 850 2210 0 0 1260 545 290 0 290 0 0 0 Peak -hour factor, PHF 0.92 0.82 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 924 2402 0 0 1370 592 315 0. 315 0 0 0 Lane Group Flow (vph) 924 2402 0 0 1370 592 315 0 315 0 0 0 Turn Type Prot Free custom custom Protected Phases 5 2 6 3 8 Permitted Phases Free 3 8 Actuated Green, G (s) 42.0 94.8 48.8 120.0 17.2 17.2 Effective Green, g (s) 42.0 94.8 48.8 120.0 17.2 17.2 Actuated g1G Ratio 0.35 0.79 0.41 1.00 0.14 0.14 Clearance Time (s) 4.0 4.0 4.0 4.0 4.0 Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 ine Grp Cap (vph) 1202 2796 2068 1.583 492 399 _es Ratio Prot 0.27 c0.68 0.27 0.09 c0.11 vIs Ratio Perm 0.37 vlc Ratio 0.77 0.86 0.66 0.37 0.64 0.79 Uniform Delay, di 34.7 8.2 28.9 0.0 48.5 49.7 Progression Factor 0.70 0.94 0.51 1.00 1.00 1.00 Incremental Delay, d2 1.6 1.9 1.2 0.5 2.8 10.0 Delay (s) 26.0 9.7 15.8 0.5 51.3 59.6 Level of Service C A B A D E Approach Delay (s) 14.2 11.2 55.5 0.0 Approach LOS B B E A HCM Average Control Delay 17.6 HCM Level of Service B HCM Volume to Capacity ratio 0.85 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 84.1% ICU Level of Service D c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 4 METROTF0134 -FF51 2005 G: fmmokalee Road & Northbrook Drive Agenda Item No. 81 November 28, 2006 Page 168 of 513 lmmokalee Road with Terafina & Mirasol Lane Configurations 11 ft r tt F + r + r 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 Lane Util. Factor 0.97 0.95 1.00 0.97 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. Flaw (prot) 3433 3539 1583 3433 3539 1583 1770 1863 1583 1770 1863 1583 Flt 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 Satd. Flow (perm) 3433 3539 1583 3433 3539 1583 1405 1863 1583 1405 1863 1583 Volume (vph) 180 2250 70 110 1590 40 60 5 40 110 - 5 155 Peak -hour factor, PHF 0.92 092 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 196 2446 76 120 1728 43 65 5 43 120 5 168 Lane Group Flow (vph) 196 2446 76 120 1728 43 65 5 43 120 5 168 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 12.0 89.1 89.1 5.0 82.1 82.1 13.9 13.9 13.9 13.9 13.9 13.9 Effective Green, g (s) 12.0 89.1 89.1 5.0 82.1 82.1 13.9 13.9 13.9 13.9 13.9 13.9 Actuated g/C Ratio 0.10 0.74 0.74 0.04 0.68 0.68 0.12 0.12 0.12 0.12 0.12 0.12 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) 343 2628 1175 143. 2421 1083 163 216 183 163 216 183 v/s Ratio Prot c0.06 c0.69 0.03 0.49 0.00 0.00 v/s Ratio Perm 0.05 0.03 0.05 0.03 0.09 0.11 v/c Ratio 0.57 0.93 0.06 0.84 0.71 0.04 0.40 0.02 0.23 0.74 0.02 0.92 Uniform Delay, di 51.5 12.9 4.2 57.1 11.7 6.2 49.2 47.0 48.2 51.3 47.0 52.5 Progression Factor 1.06 1.47 1.76 0.96 0.14 0.07 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, d2 1.2 4.1 0.1 24.9 1.3 0.0 1.6 0.0 0.7 15.8 0.0 43.4 Delay (s) 55.8 23.0 7.4 79.7 2.9 0.5 50.8 47.1 48.9 67.1 47.1 95.8 Level of Service E C A E A A D D D E D F Approach Delay (s) 24.9 7.7 49.9 83.2 Approach LOS C A D F HCM Average Control Delay 22.4 HCM Level of Service C HCM Volume to Capacity ratio 0.89 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 94.3% ICU Level of Service E c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 5 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 169 of 513 20Q5 Immokaiee Road l-mmokalee Road & Oakes Boulevard with Terafina & Mirasol Lane Configurations M ft T t 0 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 Lane Util. Factor 0.97 0.95 1.00 0.97 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 1.00 035 1.00 1.00 0.85 Fit 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 3433 3539 1583 1770 1863 1583 1770 1863 1583 Fit Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 1.00 0.74 1.00 1.00 Satd Flow (perm) 3433 3539 1583 3433 3539 1583 1378 1863 1583 1376 1863 1583 Volume (vph) 145 2005 290 240 1370 100 250 25 280 100 25 120 Peak -hour factor, PHF 0.92 0192 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Adj. Flow (vph) 158 2179 315 261 1489 109 272 27 304 109 27 130 Lane Group Flow (vph) 158 2179 315 261 1489 109 272 27 304 109 27 130 Turn Type Prot Perm Prot Perm Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 4 Actuated Green, G (s) 10.0 74.0 74.0 10.0 74.0 74.0 24.0 24.0 24.0 24.0 24.0 24.0 Effective Green, g (s) 10.0 74.0 74.0 10.0 74.0 74.0 24.0 24.0 24.0 24.0 24.0 24.0 Actuated g/C Ratio 0.08 0.62 0.62 0.08 0.62 0.62 0.20 0.20 0.20 0.20 0.20 0.20 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 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 _Vehicle ine Grp Cap (vph) 286 2182 976 286 2182 976 276 373 317 276 373 317 s Ratio Prot 0.05 c0.62 c0.08 0.42 0.01 0.01 v/s Ratio Perm 0.20 0.07 c0.20 0.19 0.08 0.08 v/c Ratio , 0.55 1.00 0.32 0.91 0.68 0.11 0.99 0.07 0.96 0.39 0.07 0.41 Uniform Delay, d1 52.8 22.9 11.0 54.6 15.2 9.5 47.8 39.0 47.5 41.7 39.0 41.8 Progression Factor 0.82 0.61 0.17 1.17 0.88 0.54 1.00 1.00 1.00 1.00 1.00 1.00 Incremental Delay, 02 1.0 12.3 0.4 24.2 1.2 0.2 49.8 0.1 39.1 0.9 0.1 0.9 Delay (s) 44.3 26.3 2.2 88.0 14.6 5.2 97.6 39.0 86.7 42.6 39.0 42.7 Level of Service D C A F B A F D F D D D Approach Delay (s) 24.5 24.3 89.5 42.3 Approach LOS C C F D HOM Average Control Delay 32.6 HCM Level of Service C HCM Volume to Capacity ratio 0.99 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 99.4% ICU Level of Service E C Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 6 METROTFOR4 -FF51 Agenda Item No. 81 2005 ImmokaBw g W of 5113 8: I�mmokalee Road & Laurel Oaks Elementary School with Terafina & sol -* - -� � � I- 4\ t 1* -V Lane Configurations I tT r tt r 4 e 4+ Ideal Flow (vphpi) 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 Lane Utit. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.91 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 1.00 0.98 Satd. Flow (prat) 1770 3539 1583 1770 3539 1583 1770 1583 1664 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.91 Said. Flow (perm) 1770 3539 1583 1770 3539 1583 1392 1583 1532 Volume (vph) 5 1785 5 5 1250 5 10 0 5 5 0 10 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 Adj. Flow (vph) 5 1340 5 5 1359 5 11 0 5 5 0 11 Lane Group Flow (vph) 5 140 5 5 1359 5 0 11 5 0 16 0 Turn Type Prot Perm Prot, Perm Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 8 4 Actuated Green, G (s) 1.4 100.1 100.1 1.4 100.1 100.1 6.5 6.5 6.5 Effective Green, g (s) 1.4 100.1 100.1 1.4 100.1 100.1 6.5 6.5 6.5 Actuated g/C Ratio 0.01 0.83 0.83 0.01 0.83 0.83 0.05 0.05 0.05 Clearance Time-(s) 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 Lane Grp Cap (vph) 21 2952 1320 21 2952 1320 75 86 83 v/s Ratio Prot 0.00 c0.55 0.00 c0.38 v/s Ratio Perm 0.00 0.00 0.01 0.00 c0.01 v/c Ratio 0.24 0.66 0.00 0.24 0.46 0.00 0.15 0.06 0.19 Uniform Delay, dl 58.8 3.7 1.7 58.8 2.7 1.7 54.1 53.8 54.2 Progression Factor 0.83 0.15 0.00 1.21 0.21 0.18 1.00 1.00 1.00 Incremental Delay, d2 3.9 0.8 0.0 5.4 0.5 0.0 0.9 0.3 1.1 Delay (s) 52.8 1.3 0.0 76.4 1.0 0.3 55.0 54.1 55.4 Level of Service D A A E A A E D E Approach Delay (s) 1.6 1.3 54.7 55.4 Approach LOS A A D E HCM Average Control Delay 1.9 HCM Level of Service A HCM Volume to Capacity ratio 0.63 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 70.3% ICU Level of Service C c Critical Lane Group RLP Synchro 5 Report 9/28/2001 Page 7 METROTFOR4 +1751 Agenda Item No. 81 November � 28, 2006 220095, Immokale@Pfjl�71 of 513 °- Immokalee Road & Gulf Coast High School with Terafina & Mirasol rrr.w Ir...� ��rr ter.++. i■ Lane Configurations 5.7 HCM Level of Service A HCM Volume to Capacity ratio 0.66 ` '�` i� - L'► 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 Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00 Fr# 1.00 1.00 0.85 1.00 1.00 0.85 1.40 0.85 0.90 Fit Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.95 11.00 0.99 Said. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1651 Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.74 1.00 0.94 Satd Flow (perm) 1770 3539 1583 1770 3539 1583 1385 1583 1575 Volume (vph) 10 1790 5 5 1185 5 50 0 20 5 0 15 Peak -hour factor, PHF 0.92 0.t92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Ad]. Flow (vph) 11 1946 5 5 1288 5 54 0 22 5 0 16 Lane Group Flow (vph) 11 1946 5 5 1288 5 54 22 0 0 21 0 Turn Type Prot Perm Prot Perm Perm Perm Protected Phases 5 2 1 6 8 4 Permitted Phases 2 6 8 4 Actuated Green, G (s) 1.4 96.7 96.7 1.4 96.7 96.7 9.9 9.9 919 Effective Green, g (s) 1.4 96.7 96.7 1 A 963 96.7 9.9 9.9 9.9 Actuated g/C Ratio Q.01 0.81 0.81 0.01 0.81 0.81 0.08 0.08 0.08 Clearance Time (s) 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 1.ane Grp Cap (vph) 21 2852 1276 21 2852 1276 114 131 130 ; Ratio Prot c0.01 c0.55 0.00 .0.36 0.01 v/s Ratio Perm 0.00 0.00 c0.04 0.01 v!c Ratio 0.52 0.68 0.00 0.24 0.45 0.00 0.47 0.17 , 0.16 Uniform Delay, d1 59.0 5.0 2.3 58.8 3.6 2.3 52.6 51.2 51.2 Progression Factor 0.95 0.07 0A4 0.82 2.09 2.30 1.00 1.00 1.00 Incremental Delay, d2 17.1 1.0 0.0 4.8 0.4 0.0 3.1 0.6 0.6 Delay (s) 73.1 1.4 0.1 53.2 7.9 5.2 55.6 51.8 51.8 Level of Service E A A D A A E D O Approach Delay (s) 1.8 8.0 54.5 51.8 Approach LOS A A D D HCM Average Control Delay 5.7 HCM Level of Service A HCM Volume to Capacity ratio 0.66 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 12.0 Intersection Capacity Utilization 63.8% ICU Level of Service D c Critical Lane Group FILP Synchro 5 Report 9128/2001 Page 8 METROTFOR4 -FF51 Agenda Item No. 81 2005 IMM - 006 o9f 513 10: Immokalee Road & C.R. 951 w i t h T e r tal n ral U1 las'd 2 Lane Configurations 11 ft r 11 tt r M t r 1 f r Ideal; F16W (V 190.01 1900; 19.40: 1900. 19w, 1*9()0, Igo() 1900 190,0. 1900_- Igm, 1990 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 Latle Utll.�:Vtqt& 1-pp 0 ;-9 0 IiO Q ; 0.97 0.95 1.00. 0.97; 1.00 1.00,-; 1.00.- I-.00 1.00 Frt 1.00 1.00 0.85 1.00 1.00 0.86 1.00 1.00 0.85 1.00 1.00 0.85 24.5 -245 Actuated g1C Ratio 0.08 0.55 1.00 .60, . ." - 1 .09 '-00 1 . 0.95.... . 1. 1-.00 -1';00 Said. Flow (Prot) 1770 3539 1583 3433 3539 11583 3433 1863 1583 1770 1663 1583 Vehicle Extension (s) 3.0 3.0 HCM Volume to Capacity ratio . 0 Q A 'f. 09 3.0 3.0 OJ5: -00 Actuated -Y -400-4 P 0 Satd. Flow (Perm) 1770 3539 1583 3433 3539 1583 2685 1863 1583 1392 1863 1583 Peak-hour factor, PHF Adt Fl jivn(uph) :: Lane Group Flow (vph) 1t4 r z 0.92 0.92 0.92 '73- 124 71 1245 272 I 41 0,92 0.92 0.92 0.92 386, 11'- 451, 386 543 11 451 9 0.92 16, 16 .6% 0.92 717 717 S., 0.92 5 20r. 0.92 22 0.92 �8 38 V yp Perm 0,45, F v/c Ratio 0.50 Protected Phases 5 2 0.04 1 6 0.06 8 4 A 383, '38"1 Free. Ag 6.. 0.75 1.00 Free. 4. 1,00 4 Actuated Green, G (s) 9.6 65.4 1 1 20.0 18. . 1 73.9 73.9 24.5 . 24.5 120,0 24.5 24.5 24.5 Effective; Green; 0.2 54,5 10.7 8.9 65.4 120 .0 : 18,41 1.3 9 73-19'. 24'5:' 24.5 12.0.,0 24.5 24.5 -245 Actuated g1C Ratio 0.08 0.55 1.00 0.15 0.62 0.62 0.20 0.20 1.00 0.20 0.20 0.20 38.6 :4 4 ��'q 4;0- 4.0 40 . - 4.0 4- . P Vehicle Extension (s) 3.0 3.0 HCM Volume to Capacity ratio 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 Actuated -Y -400-4 P 0 -5 3-. 1-2 nj 15a "380. -3 .3 v/s Ratio Prot 0.04 c0.35 c0.11 0.15 0.01 0.01 V O 1 C 0,45, QPO v/c Ratio 0.50 0.65 0.17 0.75 0.25 0.01 4.82 0.04 0.45 0.02 0.06 0.12 A 383, '38"1 �38 5 Ag Progression Factor 0.82 0.75 1.00 1.00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 7. '.O.q: Q;b 0.1 Delay (s) 45.6 16.6 0.2 54,5 10.7 8.9 65.4 38.4 0.9 38.2 38.5 39.1 E D A �D D D Approach Delay (s) 14.3 28.7 22.2 ' 38.6 D. Otr 0. 'Zw .14. WE HCM Volume to Capacity ratio 0.70 Actuated -Y -400-4 P 0 1-2 nj 12.0, Intersection Capacity Utilization 74.911/6 IOU Level of Service C P, r, & Q 0" 0 1 RLP Synchro 5 Report 9/28/2001 Page 9 METROTFOR44FF51 Agenda Item No. 81 November 28, 2006 2005 immokalee Rte 173 of 513 30;Anmokalee Road & Mirasol Site Access with Terafina & Mirasol Lane Configurations I ft Rrgt ) ft. F 11 f r I T F Ideal-Ffovr- (uph�l) 1900 1900 . 1900 '1900 :1.0 MO :19U0. .1900 1900 1900. 1900 1,900 Total Lost time (s) 4:0 4.0 4.0 4.0 4.0 4:0 4.0 71.1 4.0 4.0 44.4 4.0 Marie lifit FaOtoc. 1 'Qi) t) 5 140 1:00 : t3 QS 10 , : 1.5 .44 44 1.00 1100 35:4 1:00 Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.29 0.85 1.00 0.29 0.85 FIt Ardte'oted, 4t? 40 1:04 p:05 1:40 ii0 t):15 4.0 1:{i0 : 0:95 3.0 1:00 Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1770 1583 1770 1583 F.,l i?e�rri(t1 ':.; 0; 5 i:40 1`;00 '0:95 #'tlS? # Qb -Q: :. 1.00 0,7t . 1:00 Satd Flow (perm) 1770 3539 1583 1770 3539 1583 1410 1583 1410 1583 Vol lt71`.({�hj `. 2b i�4 �1�0t1 15 Q 185 Peak -hour factor, PNF 0.92 .. 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Aijs fl9V±( (f) 19 t17 11 10i G f'02 '0. 0 5 f 6 0 201 Lane Group Flow (vph) 283 1549 87 11 1016 82 60 0 5 16 0 201 ,. frgt_ I.errr► Rrgt r/F io Prot firm• Perm : Perin 'Perm Perm Protected Phases 7 4 C 3 8 34.5 0.:00 2 0.68 6 Pei't�i(tted°Phm e$: :- . 0:50 0.78 0.14 0.14 •4 �ff #rx Gila�l1 4i` v17rr �1Q, ` 2 6. 6 Actuated Green, G (s) 28.2 71.1 71.1 1.5 .4 44.4 35. 35.4 35.4 35.4 E3ff lvPJ`Ql tl rg ?($). 2$'2 1 1 71:::1 : 1.5 .44 44 97.5 21.8 7.5 31.9 35:4 35.4 35:4 4ctuated g/C Ratio 0.23 0.59 0.59 0.01 0.37 0.37 0.29 0.29 0.29 0.29 1eal3e Ties() 44 4t? 40 4 0 1x04 t?,: 40 4.0 40 Vehicle "Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 iA �'7.. tl.',$$. fi4'I C.7 .:.,.' ' •:.' r/F io Prot 0.16 c0.44 ICU Level of Service A 0.01 c0.29 30.2 34,8 C C 34.5 0.:00 f/c Ratio 0.68 0.74 0.09 0:50 0.78 0.14 0.14 0.01 �ff #rx Gila�l1 4i` v17rr �1Q, ` a `YA1.1 X9;9 'rogression Factor 0.67 0.23 0.11 ..` 1.39 0.57 0.30 1.00 1.00 i1t1�tit1>Rd(8fy�Z:4 1 '1 Q:0 i5�>� ; ass Cog "1> r`Cff7 . 0 0 May (s) 31.4 5.0 1.2 97.5 21.8 7.5 31.9 30.0 kpgroach Delay (s) 8.8 21:5 31.7 ;lS:l -ds G :tJ ,Lv f28/2001 IETROTFOR4 -FF51 416. 0.01 '1-1Nfl;i ice B 11CM Volume to Capacity ratio 0.65 0.43 ld(Ityr;I:LtH(s) 10:0 . Setif tost"�tCrid ?(s) 8:0 itersection Capacity Utilization 59.6% ICU Level of Service A 010 :d 6 ,Lv f28/2001 IETROTFOR4 -FF51 416. 0.01 Ol13 0.04 0.43 30:2 -34_:2 1.00 1,00 010 :d 6 30.2 34,8 C C 34.5 C' Synchro 5 Report Page 10 Agenda Item No. 81 2005 fmm N eem r�2 2006 tg4�rbf 513 32: Immokalee Road & Logan Boulevard Extension with Terafina & Mirasol Lane Configurations M tt F tt F t F t r 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 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 Fit 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 Flt 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 Satd. Flow (perm) 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 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 Adj. Flow (vph) 625 1x679 38 38 1141 174 239 16 109 114 16 418 Lane Group Flow (vph) 625 1679 38 38 1141 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 g/C Ratio 0.23 0.58 0.58 0.03 039 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/s Ratio Prot 0.18 c0.47 0.02 c0.32 0.01 0.01 v/s Ratio Perm 0.02 0.11 0.17 0.07 0.08 0.26 v/c Ratio 0.79 0.81 0.04 0.64 0.84 0.28 0.61 0.03 0.24 029 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 D C C D C E Approach Delay (s) 15.1 28.0 40.6 61.8 Approach LOS B C D E HCM Average Control Delay 26.5 HCM Level of Service C HCM Volume to Capacity ratio 0.85 Actuated Cycle Length (s) 120.0 Sum of lost time (s) 8.0 Intersection Capacity Utilization 80.7% ICU Level of Service D c Critical Lane Group RLP Synchro 5 Report 9/2812001 Page 11 METROTFOR4 -FF51 Agenda Item No. 81 November 28, 2006 Page 175 of 513 ncS 2000 ARTERIAL ANALYSIS DATA SHEETS Agenda Item No. 81 November 28, 2006 Page 176 of 513 2005 BACKGROUND TRAFFIC CONDITIONS Agenda Item No. 81 HCS2000: Urban Streets Release 4.1 November 28, 2006 Page 177 of 513 e1 Transportation Group, Inc. 26b1 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941 -278 -3090 Fax: 941- 278 -1906 -Mail. OPERATIONAL ANALYSIS nalyst: RLP gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour rban Street: Immokalee Road irection of Travel: East -bound ur_isdiction: Col �y ier County nalysis Year: 2005 - Terafina & Mirasol roject ID: Job 010812 escription of Arteria nalysis period length 0.25 hr Length Urban Free of street flow Running ?g. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road The Strand 1 -75 Southbound Ramp 1 -75 Northbound Ramp Northbrook Drive Oakes Boulevard Logan Boulevard Extension Laurel. Oaks Elementary School Gulf Coast High School. 3 Pebblebrook Drive 1 C.R. 951 2 3 1 3 0.40 2 45 37.6 1 0.26 2 45 26.8 2 0.10 2 45 10.9 3 0.26 2 45 26.8 4 0.16 2 45 17.4 5 0.70 2 45 59.4 6 0.66 2 45 56.4 7 0.28 2 45 28.3 8 1.20 2 45 138.0 9 0.47 2 45 42.2 10 0.50 2 45 44.0 11 ntersection Delay Estimates =_g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 0.642 0.822 3267 4 1.000 3.0 0 9.3 0.0 A -120.0 ,.20.0 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 Arterial 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 (sec) (sec) (sec) (sec) (mi) (mph) 1 37.6 9.3 0.0 46.9 0.40 30.7 B 2 genda I$�m No. 81 120.0 0.617 0.967 2182 4 0.312 3.0 0 17.0 0. ovembeF28, 2006 120.0 0.583 0.788 2064 4 0.167 3.0 0 12.2 0-0 Page i�'8 of 513 120.0 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 0.47 31.7 B 1 11 44.0 13.4 0.0 57.4 0.50 31.3 3 2 3 4 4 5 5 Arterial 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 (sec) (sec) (sec) (sec) (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 0610 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 0 10 42.2' 11.1 0.0 53.3 0.47 31.7 B 1 11 44.0 13.4 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 otal travel speed, Sa = 3600 x (y) /(x) = 30.9 mph otal urban street LOS (Exhibit 15 -2) = B Intersection Files in the Analysis 1: K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @Livingston.HCS 2: K: \2001 \08 \12\ HCS \w.Terafina. and .Mirasol \Immokalee @The.Strand.HCS 3: K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @I- 75.SB.HCS 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.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.Terafina.and. Mirasol \Immokalee @Gulf.Coast.HS.HCS D: K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @Mirasol.HCS 1: K: \2001 \08 \12 \HCS \w.Terafina.and.Mirasol \Immokalee @951.HCS ,2: 3: HCS2000: Urban Streets Release 4.1 et Transportation Group, Inc. 2651 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941- 278 -3090 -Mail: Fax: 941 - 278 -1906 roject ID: Job.010812 Agenda Item No. 81 November 28, 2006 Page 179 of 513 OPERATIONAL ANALYSIS nalyst: RLP .gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour 'rban Street:- Immokalee Road -irection of Travel: West -bound arisdiction: Collier County nalysis Year: 2005 - Terafina & Mirasol roject ID: Job.010812 Agenda Item No. 81 November 28, 2006 Page 179 of 513 Description of Arterial nalysis period length 0.25 hr Length Urban Free of street flow Running ?g. Cross street name segment class speed time Section (mi) (mph) (sec) Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -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 3 .i Intersection Delay Estimates 3g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type f.ac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) - -120.0 0.576 0.687 2928 4 1.000 3.0 0 11.9 0.0 B '_20.0 0.682 0.609 3466 4 0.668 3.0 0 3.6 0.0 A 120.0 0.639 0.614 2262 4 0.759 3.0 0 6.4 0.0 A 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 0.808 3.0 0 9.1 0 .�ovembe(-?8, genda It m No. 81 120.0 0.420 0.610 1495 4 0.825 3.0 0 24.3 2006 0 • page 1f80 of 513 120.0 0.830 0.340 2952 4 0.758 3.0 0 0.1 0.Q' A 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 E 5 17.4 3.6 0.0 21.0 0.16 27.4 C 3 6 59.4 9.1 0.0 68.5 0.70 .36.8 A 7 56.4 4 0.0 80.7 0.66 29.5 B 8 28.3 0.1 0.0 5 0.28 35.6 A 9 138.0 0.1 0.0 138.1 1.20 Arterial Level of Service Intersection Files in the Analysis 1: K:\ 2001 \08 \12 \HCS \Background .only \Immokalee@Livingston.HCS 2: K:\ 2001 \08 \12\ HCS\ Background .only \Immokalee @The.Strand.HCS 3: K: \2001 \08 \12\ HCS\ Background .only \Immokalee @I- 75.SB.HCS 4: K :\ 2001 \08 \12 \HCS\ Background .only \Immokalee @I-- 75.NB.HCS 5: K: \2001 \08 \12 \HCS\ Background .only \Immokalee @Northbrook.HCS 6: K:\ 2001 \08 \12 \HCS\ Background .only \Immokalee@Oakes.HCS 7: K: \2001 \08 \12\ HCS\ Background .only \lmmokalee @Logan.HCS 8: K: \2001 \08 \12\ HCS \Background .only \Immokalee @Laurel.Oaks.HCS 9: K: \2001 \08 \12 \HCS \Background. only \Immoka]_ee @Gulf.Coast.HS.HCS 0: K: \20n1 \08 \12\ HCS\ Background .only \Immokalee @Mirasol.HCS 1: K:\ 2001 \08 \12\ HCS\ Background .only \lmmokalee @CR.951.HCS 2: 3: 4: 5: 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 (sec) (sec) (sec) (sec) (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 33.5 B 1 11 44.0 7.0 0.0 51.0 0.50 35.3 A 2 3 4 5 ,otal travel time (x) = 590.9 sec '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 \HCS \Background .only \Immokalee@Livingston.HCS 2: K:\ 2001 \08 \12\ HCS\ Background .only \Immokalee @The.Strand.HCS 3: K: \2001 \08 \12\ HCS\ Background .only \Immokalee @I- 75.SB.HCS 4: K :\ 2001 \08 \12 \HCS\ Background .only \Immokalee @I-- 75.NB.HCS 5: K: \2001 \08 \12 \HCS\ Background .only \Immokalee @Northbrook.HCS 6: K:\ 2001 \08 \12 \HCS\ Background .only \Immokalee@Oakes.HCS 7: K: \2001 \08 \12\ HCS\ Background .only \lmmokalee @Logan.HCS 8: K: \2001 \08 \12\ HCS \Background .only \Immokalee @Laurel.Oaks.HCS 9: K: \2001 \08 \12 \HCS \Background. only \Immoka]_ee @Gulf.Coast.HS.HCS 0: K: \20n1 \08 \12\ HCS\ Background .only \Immokalee @Mirasol.HCS 1: K:\ 2001 \08 \12\ HCS\ Background .only \lmmokalee @CR.951.HCS 2: 3: 4: 5: Agenda Item No. 81 November 28, 2006 Page 181 of 513 2005 'TRAFFIC INCLUDING TERAFINA ONLY HCS2000; Urban Streets Release 4.1 etro Transportation Group, Inc. 2651 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941- 278 -3090 -Mail: Fax: 941- 278 -1.906 roject ID: Job 010812 Description of Arteria nalysis period length 0.25 hr Agenda Item No. 81 November 28, 2006 Page 182 of 513 eg. Cross street name OPERATIONAL ANALYSIS nalyst: RLP gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour rban Street: Immokalee Road irection of Travel: East -bound urisdiction: Collier County nalysis Year: 2005' - Terafina & Mirasol roject ID: Job 010812 Description of Arteria nalysis period length 0.25 hr Agenda Item No. 81 November 28, 2006 Page 182 of 513 eg. 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 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -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 3 Pebblebrook Drive 0.47 2 45 42.2 10 L C.R. 951 0.50 2 45 44.0 11 2 3 5 Intersection Delay Estimates :?g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.642 0.822 3267 4 2.000 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. 600 0.855 2123 4 0.507 3.0 0 13.3 0. genda It No. 81 ovember 8, 2006 120.0 0.511 0.760 1808 4 0.401 3 .0 0 18.4 0 Page 1 3 of 513 120.0 0.834 0.529 2952 4 0.564 3.0 0 0.1 0.0 A 1.20.0 0.807 0.545 2858 4 0.834 3.0 0 0.2 0.0 A 0 120.0 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 1.20 31.3 B 0 10 42.2 10.2 0.0 52.5 0.47 32.3 B 3 44.0 22.1 0.0 66.1 0.50 27.2 C 2 4 , 3 5 4 5 Arterial Level of Service Inter. Running control. Other .eg. Sect. time delay delay (sec) (sec) (sec) Sum of Sum of Arterial time by length by Arterial LOS by section section speed. section (sec) (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 1 11 w_ 44.0 22.1 0.0 66.1 0.50 27.2 C 2 , 3 4 5 ,otal travel time (x) = 587.7 sec 'otal length (y) = 4.99 miles otal travel speed, Sa = 3600 x (y) /(x) = 30.6 mph otal urban street LOS (Exhibit 15 -2) = B 1: 2: 3: 4: 5: 6: 7: 8: 9: 0: 1: 2: 3: 4• 9; •�_ Intersection Files in the Analysis K: \2001 \08\12 \HCS \w.Terafina .only \Immokalee @Livingston.HCS K:\2001 \08 \12\ HCS \w.Terafina .only \Immokalee @The.Strand.1-ICS K: \2001 \08 \12 \HCS \w.Terafina .only \Immokalee @I- 75.SB.HCS K: \2001 \08 \12\ HCS \w.Terafina.only \Immokalee @I- 75.NB.HCS K: \2001 \08 \12\ HCS \w.Terafina .only \Immokalee @Northbrook.HCS K: \2001 \08 \12 \HCS \w.Terafina .only \Immokalee @Oakes.HCS K :\ 2001 \08 \12 \HCS \w.Terafina .only \Immokalee @Logan.HCS K:\ 2001 \08 \12\ HCS \w.Terafina.only \Immokalee @La- urel.Oaks.HCS K: \2001 \08 \12\ HCS \w.Terafina.onl.y \Immokalee @Gulf.Coast.HS.HCS K :\ 2001 \08 \12\ HCS \w.Terafina.only \Immokalee @Mirasol.HCS K: \2001 \08 \12 \HCS \w.Terafina .only \Immokalee @CR.951.HCS HCS2000: Urban Streets Release 4.1 atro Transportation Group, Inc. 2651 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 zone: 941 -278 -3090 -Mail. Fax: 941- 278 -1906 roject ID: Job 010812 aalysis period length eg. Cross street name ription of Arterial 0.25 hr Livingston Road The Strand I -75 Southbound Ramp 1 -75 Northbound Ramp Northbrook Drive Oakes Boulevard Logan Boulevard Extension Laurel Oaks Elementary School Gulf Coast High School 3 Pebblebrook Drive I C.R. 951 2 3 4 5 Agenda Item No. 81 November 28, 2006 Page 184 of 513 Length Urban Free. of street flow Running segment class speed time Section (mi) (mph) (sec) 0.40 OPERATIONAL ANALYSIS �zalyst: RLP gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 aalysis Time Period: P.M. Peak Hour rban Street: immokalee Road irection of Travel: West -bound arisdiction: Collier County nalysis Year: 2005 - Terafina Only roject ID: Job 010812 aalysis period length eg. Cross street name ription of Arterial 0.25 hr Livingston Road The Strand I -75 Southbound Ramp 1 -75 Northbound Ramp Northbrook Drive Oakes Boulevard Logan Boulevard Extension Laurel Oaks Elementary School Gulf Coast High School 3 Pebblebrook Drive I C.R. 951 2 3 4 5 Agenda Item No. 81 November 28, 2006 Page 184 of 513 Length Urban Free. of street flow Running segment class speed time Section (mi) (mph) (sec) 0.40 2 45 37.6 1 0.26 2 45 26.8 2 0.10 2 45 10.9 3 0.26 2 45 26.8 4 0.16 2 45 17.4 5 0.70 2 45 59.4 6 0.66 2 45 56.4 7 0.28 2 45 28.3 8 1.20 2 45 138.0 9 0.47 2 45 42.2 10 0.50 2 45 44.0 11 ntersection Delay Estimate ag Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 120.0 0.553 0.686 2809 4 1.000 3.0 0 13.8 0.0 B 120.0 0.666 0.564 3487 4 0.669 3.0 0 3.2 0.0 A 120.0 0.627 0.561 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 27.3 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 0 ,gg=da I m No. 81 be 8, 2006 120.0 0.302 0.853 1068 4 0.776 3.0 0 44.2 0. Page 5 of 513 120.0 0.828 0.374 2929 4 0.406 3.0 0 0.0- 0.0 -'20.0 0.800 0.366 2831 4 0.935 3.0 0 0.1 0.0 A 0 20.0 0.600 0.446 2123 4 0.938 3.0 0 7.7 0.0 A 1 120.0 0.600 0.245 2123 4 0.895 3.0 0 6.5 0.0 A 2 0.28 35.6 A 9 138.0 0.1 0.0 138.1 1.20 3 B 0 10 42.2 7.7 0.0 49.9 0,47 33.9 B 4 44.0 6.5 0.0 50.5 0.50 35.6 A 2 5 3 Arterial 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 (sec) (sec) (sec) (sec) (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 1.7.3 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 9 138.0 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 2 3 4 5 ,otal travel time (x) = 610.0 sec '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 \lmmokalee @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 \Immokalee @Logan.HCS 8: K:\ 2001 \08 \12\ HCS \w.Terafina.only \Immokalee @Laurel.0aks.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 \lnunokalee@CR.951.HCS 2: 3: 4- r Agenda Item No. 81 November 28, 2006 Page 186 of 513 2005 TRAFFIC INCLUDING MIRASOL ONLY HCS2000: Urban Streets Release 4.1 :t. Transportation Group, Inc. ,651 McGregor Boulevard,-Suite 4 -403 )rt Myers, FL 33919 tone: 941- 278 -3090 Mail: Fax: 941 - 278 -1906 OPERATIONAL ANALYSIS talyst: RLP fency /Co.: Metro Transportation Group tte Performed: 9/26/2001 talysis Time Period: P.M. Peak Hour -ban Street: Immokalee Road . rection of Travel: East -bound trisdiction: Collier County ,alysis Year: 2003 - Terafina Only oject ID: Job 010812 scription of Arteria ,alysis period length 0.25 hr Agenda Item No. 81 November 28, 2006 Page 187 of 513 Length Urban Free of street flow Running !g. Cross street name segment class speed time Section {mi) (mph) (sec) Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -75 Southbound Ramp 0.10 2 45 10.9 3 I -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 C.R. 951 0.50 2 45 44.0 11 g Cycle Green v/c length ratio ratio C g/C X 120.0 0.676 0.743 110.0 0.800 0.640 .20.0 0.427 0.794 120.0 0.792 0.724 120.0 0.723 0.796 Mint, Lane cap. c 3437 4068 2898 2805 2560 arsection Delay Es PVG Arr. I if type fac- Input AT for 4 1.000 4 0.590 4 0.724 4 0.510 4 0.616 --imates Unit Init. Cntrl. ext. queue delay (sec) (veh) (sec) 3.0 0 5.4 3.0 0 0.2 3.0 0 26.9 3.0 0 0.5 3.0 . 0 2.7 Other Inter. delay LOS (sec) 0.0 A 0.0 A 0.0 C 0.0 A 0.0 A Arterial Level of Servic Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by gig. Sect. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) 1 37.6 6.9 0.0 44.5 0.40 32.4 B 2 26.8 Agenda Item No. 81 120.0 0.602 0.880 2129 4 0.459 3.0 0 13.8 0. ONovembi- 28, 2006 120.0 0.533 0. 863 1885 4 0.354 3 . 0 0 18.9 0.0 PageB88 of 513 120.0 0.834 0.626 2952 4 0.388 3.0 0 0.2 0.0 A 120.0 0.806 0.646 2852 4 0.741 3.0 0 0.4 0.0 A l 120.0 0.567 0.732 2005 4 0.718 3.0 0 13.5 0.0 B L 120.0 0.555 0.611 1964 4 0.605 3.0 0 12.4 0.0 B 11 l 44.0 12.4 0.0 56.4 0.50 31.9 B 3 1 i Arterial Level of Servic Inter. Sum of Sum of Arterial Running control. Other time by length by Arterial LOS by gig. Sect. time delay delay section section speed section (sec) (sec) (sec) (sec) (mi) (mph) 1 37.6 6.9 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 r 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 1 10 42.2 13.5 0.0 55.7 0.47 30.4 B 11 l 44.0 12.4 0.0 56.4 0.50 31.9 B ?tal travel time (x) = 584.1 sec ?tai length (y) = 4.99 miles ?tal travel speed, Sa = 3600 x (y) /(x) = 30.8 mph ?tal urban street LOS (Exhibit 15 -2) = B Intersection riles in the Analysis K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @Living8ton.HCS K.:\ 2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @The.Strand.HCS K: \2001\08 \12\ HCS \w.Mirasol.only \Immokalee @1-- 75.SB.HCS K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @I- 75.NB.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol .only \lmmolcalee @Northbrook.HCS K: \2001\08 \12\ HCS \w.Mirasol .only \Immokalee @Oakes.HCS K: \2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Logan.HCS K: \2001 \08 \12\ HCS \w.Mirasol. only \Immokalee @Laurel.Oaks.HCS K: \2001 \08 \12 \HCS \w.Mirasol. only \Immokalee@Gulf.Coast.HS.HCS K:\ 2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Mirasol.HCS K: \2001 \08 \12\ HCS \w.Mirasol .only \Immokalee@CR.951.HCS HCS2000: Urban Streets Release 4.1 e Transportation Group, Inc. 2651 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941 --278 -3090 Fax: 941278 -1906 -Mail: OPERATIONAL ANALYSIS .nalyst: RLP ,.gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour trban Street: Immokalee Road 'irection of Travel: West -bound urisdiction: Col }ier County analysis Year: 2005 - Background Iroject ID: Job 010812 scription of Arter nalysis period length 0.25 hr eg. Cross street name Livingston Road The Strand I -75 Southbound Ramp I -75 Northbound Ramp Northbrook Drive Oakes Boulevard Logan Boulevard Extension Laurel Oaks Elementary School Gulf Coast High School 0 Pebblebrook Drive 1 C.R. 951 .2 3 4 .5 Length Urban Free of street flow Running segment class speed time (mi) (mph) (sec) Agenda Item No. 81 November 28, 2006 Page 189 of 513 Section 0.40 2 45 37.6 1 0.26 2 45 26.8 2 0.10 2 45 10.9 3 0.26 2 45 26.8 4 0.16 2 45 17.4 5 0.70 2 45 59.4 6 0.66 2 45 56.4 7 0.28 2 45 28.3 8 1.20 2 45 138.0 9 0.47 2 45 42.2 10 0.50 2 45 44.0 11 tersection Delay Estimate eg Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) ­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 Vt�p,m No. 81 0 . genda ovembef 28, 2006 120.0 0.386 0.810 1365 4 0.700 3.0 0 32-6 0-0 Page Va0 of 513 :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 0.1 0.0 138.1 1.20 31.3 B 10 42.2 32.8 0.0 3 0.47 22.6 C 11 44.0 5.6 0.0 49.6 0.50 36.3 4 5 Running eg. Sect. time (sec) 0 1 2 3 4 5 Arterial Level of Servic Inter. Sum of control. Other time by delay delay section (sec) (sec) (sec) Sum of Arterial length by Arterial LOS by section speed section (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 10 42.2 32.8 0.0 75.0 0.47 22.6 C 11 44.0 5.6 0.0 49.6 0.50 36.3 A otal travel otal length otal travel otal urban 1: 2: 3: 4: 5: 6: 7: 8: 9: 0: 1: 2: 3: 4: 5: time (x) = 619.5 (Y) = 4.99 speed, Sa = 3600 x (y) /(x) = 29.0 street LOS (Exhibit 15 -2) = B sec miles mph Intersection 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 @The.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 \lmmokalee @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 \Immokalee @Oakes.HCS K: \2001 \08 \12\ HCS\ w. Terafina. and.Mirasol \Immokalee @Logan.HCS K:\ 2001 \08 \12 \HCS \w.Terafina. and. Mirasol \immokalee @Laurel.Oaks.HCS K: \2003. \08 \12 \.HCS \w.Terafina. and. Mirasol \Immokalee @Gulf.Coast.HS.HCS K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol\Immokalee @Mirasol.HCS K :\ 2001 \08 \12\ HCS\ w. Tera. fina .and.Mirasol \Immokalee @951.HCS Agenda Item No. 81 November 28, 2006 Page 191 of 513 2005 TRAFFIC INCLUDING BOTH TERAFINA AND MIRASOL HCS2000: Urban Streets Release 4.1 :tio Transportation Group, Inc. !651 McGregor Boulevard, Suite 4 -403 )rt Myers, FL 33919 lone: 941- 278 --3090 -Mail: Fax: 941 - 278 -1906 PERATIONAL ANALYSIS talyst: RLP fency /Co.: Metro Transportation Group tte Performed: 9/26/2001 talysis Time Period: P.M. Peak Hour -ban Street: Immokalee Road .rection of Travel: East -bound ►risdiction: Col ier County ialysis Year: 200 - Mirasol Only •oject ID: Job 010812 3 Description of Arterial Lalysis period length 0.25 hr !g. Cross street name Length Urban Free of street flow segment class speed (mi) (mph) Running time (sec) Agenda Item No. 81 November 28, 2006 Page 192 of 513 Section Livingston Road 0.40 2 45 37.6 1 The Strand 0.26 2 45 26.8 2 I -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 C.R. 951 0.50 2 45 44.0 11 ersection Delay Estimates g Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT -tor (sec) (veh) (sec) (sec) 120.0 0.659 0.766 3352 4 1.000 3.0 0 6.9 0.0 A 120.0 0.800 0.667 4068 4 0.554 3.0 0 0.2 0.0 A 120.0 0.430 0.807 2915 4 0.693 3.0 0 26.9 0.0 C 120.0 0.794 0.755 2811 4 0.487 3.0 0 0.6 0.0 A 120.0 0.732 0.823 2589 4 0.572 3.0 0 2.5 0.0 A tal travel time (x) = 580.8 sec tal length (y) = 4.99 miles tal travel speed, Sa = 3600 x (y) /(x) = 30.9 mph tal urban street LOS (Exhibit 15--2) = B .Intersection 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 @The.Strand.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \lmmokalee @I- 75.SB.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @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 \Immokalee @Oakes.HCS : K: \2001 \08 \12\ HCS \w. Terafina: and .Mirasol. \lmmokalee @Logan.HCS : K:\2001 \08 \1.2 \HCS \w.Terafina. and. Mirasol \Immokalee @Laurel.Oaks.HCS : K:\ 2001\ 08 \12\HCS \w.Terafina.and.Mirasol \Immokalee @Gulf.Coast.HS.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @Mirasol.HCS : K: \2001 \08 \12 \HCS \w.Terafina.and:Mirasol \Immokalee @951.HCS Agenda Item No. 81 120.0 0.617 0.967 2182 4 0.312 3.0 0 17.0 0 . 0 Novemt%r 28, 2006 120.0 0.583 0.788 2064 4 0.167 3.0 0 12.2 0.0 Pag (B193 of 513 120.0 0.834 0.637 2952 4 0.520 3.0 0 0.2 0.0 A ``'0.0 0,806 0.661 2852 4 0.729 3.0 0 0.4 0.0 A ,0.0 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 (sec) (sec) (sec) (sec) (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) = 580.8 sec tal length (y) = 4.99 miles tal travel speed, Sa = 3600 x (y) /(x) = 30.9 mph tal urban street LOS (Exhibit 15--2) = B .Intersection 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 @The.Strand.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \lmmokalee @I- 75.SB.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and. Mirasol \Immokalee @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 \Immokalee @Oakes.HCS : K: \2001 \08 \12\ HCS \w. Terafina: and .Mirasol. \lmmokalee @Logan.HCS : K:\2001 \08 \1.2 \HCS \w.Terafina. and. Mirasol \Immokalee @Laurel.Oaks.HCS : K:\ 2001\ 08 \12\HCS \w.Terafina.and.Mirasol \Immokalee @Gulf.Coast.HS.HCS : K: \2001 \08 \12 \HCS \w.Terafina. and .Mirasol \Immokalee @Mirasol.HCS : K: \2001 \08 \12 \HCS \w.Terafina.and:Mirasol \Immokalee @951.HCS Agenda Item No. 81 HCS2000 : Urban Streets Release 4.1 November 28, 2006 Page 194 of 513 etro Transportation Group, Inc. 2651 McGregor Boulevard, Suite 4 -403 ort Myers, FL 33919 hone: 941- 278 -3090 Fax: 941 - 278 -1906 -Mail: OPERATIONAL ANALYSIS malyst: RLP .gency /Co.: Metro Transportation Group ate Performed: 9/26/2001 nalysis Time Period: P.M. Peak Hour frban Street: Immokalee Road 'irection of Travel: West- -bound urisdiction: Collier County ,nalysis Year: 200 - Background Iroject ID: Job 010812 Description of Arteri nalysis period length 0.25 hr eg. Cross street name Livingston Road The Strand 1--75 Southbound Ramp 1 -75 Northbound Ramp Northbrook Drive Oakes Boulevard Logan Boulevard Extension Laurel Oaks Elementary School Gulf Coast High School 0 Pebblebrook Drive 1 C.R. 951 .2 3 4 .5 Length Urban Free of street flow Running segment class speed time Section (mi) (mph) (sec) 0.40 2 45 37.6 1 0.26 2 45 26.8 2 0.10 2 45 10.9 3 0.26 2 45 26.8 4 0.16 2 45 17.4 5 0.70 2 45 59.4 6 0.66 2 45 56.4 7 0.28 2 45 28.3 8 1.20 2 45 138.0 9 0.47 2 45 42.2 10 0.50 2 45 44.0 1.1 ntersection Delay Estimates eg Cycle Green v/c Lane PVG Arr. I Unit Init. Cntrl. Other Inter. length ratio ratio cap. if type fac- ext. queue delay delay LOS C g/C X c Input AT for (sec) (veh) (sec) (sec) 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. 602 0. 613 2129 4 0.726 3.0 0 9.0 0. �genda ovembe 200fi Ir58o'f No. 81 120. 0 0. 442 0.707 1563 4 0 . V 55 3 .0 0 24 .2 0 Page 513 120.0 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 1.301 4 0.918 3.0 0 31.9 0.0 C 120.0 0.621 0.235 2197 4 0.634 3.0 0 5.3 0.0 A 2 0.0 138.1. 1.20 31.3 B 0 10 42.2 31.9 0.0 74.1 3 22.8 C 1 11 44.0 5.3 0.0 49.3 0.50 36.5 A 4 5 Arterial 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 (sec) (sec) (sec) (sec) (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 1 11 44.0 5.3 0.0 49.3 0.50 36.5 A 4 5 otal travel time (x) - 611.0 sec otal length (y) = 4.99 miles Dtal travel speed, Sa = 3600 x (y) /(x) = 29.4 mph Dtal urban street LOS (Exhibit 15 -2) - B Intersection Files in the Analysis 1: K:\ 2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @Livings ton. HCS 2: K: \2001 \08 \12 \HCS W.Mirasol. only \Immokalee @The.Strand.HCS 3: K: \.2001 \08 \12 \HCS \w.Mirasol .only \Immokalee @I- 75.SB.HCS 4: 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 :\ 200.1 \08 \12\ HCS \w.Mirasol.only \Immokalee @Logan.HCS 8: K: \2001 \08 \12 \HCS \w.Mirasol. only \Immokalee @Laurel.Oaks.HCS 9: K: \2001 \08 \12\ HCS \w.Mirasol.on1.y \Immokalee @Gulf. Coast.HS.HCS 9: K: \2001 \08 \12\ HCS \w.Mirasol .only \Immokalee @Mirasol.HCS L: K: \2001 \08 \12 \HCS \w.Mirasol .only \Immokalee@CR.951.HCS 2: 3: L. PUDEX- 2006 -AR -9610 PROJECT #2002050014 DATE: 4127/06 MELISSA ZONE EPWIRONMENTAL IMPACT STATEMENT TERAFINA Agenda Item No. 81 November 28. 2006 Page 196 of 513 SEC 16, TWP 48S9 RNG 26E COLLIER COUNTY, FLORIDA Revised February 2001 PREPARED BY: TURRELL & ASSOCIATES, INC. 3584 EXCHANGE AVE. SUITE B NAPLES, FL 34104 Agenda Item No. 81 November 28, 2006 TE &RU of 513 Environmental Impact Statement SEC 16 TWP 48S RMG 26E Revised 02/05/0 l 3.8.5.1 APP111cant Information: 1. Responsible agent who wrote EIS and his education_ and iob 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 Vocisano 1100 5'' Ave. South, Suite 201 Naples, 33901 3. Affidavit of proof of authorized agent. Please reference PUD submittal by Hole Montes and Associates. 3.8.5.2 Development and Site Alteration Information: 1. Description of proposed land use. The project is a mixed use residential (approximately 850 units) and golf course community (one eighteen hole course) with appropriate supporting infrastructure (surface water management, roadways and utilities). fart of the prop ject site will be utilized as a - preserve In conjunction with neighboring ro erties to a leviate a seasonal upstream o irrg pro em. ater will be directed into the Cocohatchee canal to the south in a regionally significant activity designed to assist water management efforts in the Bonita Springs I North Collier area, 2. Legal Description of site. Please reference 1:.Y BIT #2, legal description. 3. Location and address description. The project is located In Morth Maples, one mile north of Immokalee Road and approximately I '/z miles east oft -75. 3.8.5.3 Mapping and Support Graphics: 1. General Location Map. Please reference Exhibit #3, location. map. 1 agenda Item No. 81 November 28, 2006 Page 198 of 513 TERAFINA Environmental Impact Statement SEC 16 TIVP 48S RNG 26E Revised 02/05/01 2. Aerial photo of site with boundaries delineated. Please reference Exhibit 94, aerial. 1 3. Topographic map sho*ing upland contours. Please reference USGS Quad. Map and BBLS topographic survey grid results, Exhibit #S. 4. Existing land use of site and surrounding 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 Parklands development to the north and Mirasol to the east. Both are proposed residential and go r communities and both are currently submitted to SF' VAM for Environmental Resource Permitting. To the south is the Old Cypress residential community and to the west is Quail West. 5. Soils map. Please reference Exhibit #6, Soils map and descriptions. b. Drainage plan. Please reference Exhibit #7, Water Management Plan. 7. Development plan including phasing program, service area of existini; and proposed yublic facilities, and existing 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 County Treatment Plant. T.I.S. 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 Categories: 3.8.5.4.1 Bio- Physical 1. Air Onality. a. Changes in level of air pollutants as defined by current regulations. Air pollution Renerated by constructio.ttities tnay_cvnslst of dust from- -- - , 2 Agenda Item No. 81 November 28, 2006 Page 199 of 513 TERAFEVA Environmental Impact Statement SEC 16 TWP 48S MG 26E Revised 02/05/01 earthmoving activities and operation ofheavy machinery. Some smoke may result from the open burning ofdebris. In addition, air pollution levels may be temporarily elevated by exhaust fumes generated by construction related equipment and, in the longer term, added to by automobile emissions from future residents. b. Number of people that will be affected by air pollution resulting from the ro'ect. No airpollution will be generated by this project that is in contradiction to State standards. As a result, it is not anticipated that anyone will be affected directly. C. Procedures that will be used to reduce adverse impacts of air pollution. Water will be sprayed where necessaryfor dust control. Any open burning, if deemed feasible, will be dependent upon dally 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 Ouality. a. Cha des in levels and types of water pollution as defined by current regulations. Water quality is not expected to be degraded as a result of this project. Stormwater 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. Wetland preserve areas will be protected by siltation barriers. Road drainage. Runoff from road areas will be connected and directed into grassed retention areas and via pipes into the on -site surface wafer management system. Please also reference EXHIBIT V, Water Management Plan. Sheet flow. Sheet flow of water across the site will be maintained through the flow -way preserve area proposed. Flaw -way design will allowflows matching existing conditions so as to not adversely affect existing wetlands during normal storm events. The flow -way design is such that extra conveyance is provided across the site during extreme storm events. This added conveyance will provide flood relief to the Bonita Springs areas that have been prone to flooding over the past several years. Agenda Item No. 81 November 28, 2006 Page 200 of 513 TER4FINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 62/05/01 Lots and building areas that are located adjacent to lakes or mitigation/preserve areas will be graded such that the back half will sheet flow across grassed lawn into the on -site lakes_ Please also reference EXHIBIT #7, Water Management Plan. Rear lot line/buildine site drainage. Lots and building areas that are located adjacent to lakes or mitigation/preserve areas will be graded such that the back half will sheet flow across pervious ground into the lakes or preserve areas. Interconnection of the water management system will occur as follows: Interconnection will occur through a series of lakes, pipes, and swales. Water will then flow into the local drainage pattern via the Cocohatchee Canal or the proposed flow -way system. Please reference EXHIBIT #7, Water Management Plan. b. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. There are no restricted or precluded water uses anticipated due to pollution levels resultingfrom this project. C. Person affected by water pollution resulting from the proiect. The project is not expected to generate water pollution in contradiction to state standards. d. Proiect designs 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 ofstakedfilter cloth or hay bales at the wetland/upland interface during construction. Preserving and enhancing the existing flow -way will mean sheet flow water from off -site will not come into contact with developed areas. Control elevation of the drainage basins will ensure adequate pre - treatment of stormwaters before said waters enter the local drainage pattern. 3. Physiography and geology a. A description of soil types found in the roiect area. Please reference Exhibit #6, Soils map and descriptions. 4 Agenda Item No. 81 November 28, 2006 Page 201 of 513 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 b. Areal extent of proposed topographic modification througb excavation, dredging and fiiiGne. 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 flooding. The Flow -way component of this project will actually help to alleviate upstream flooding problems. d. Modifications to natural drainage 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 210 acres in the eastern part of the site as a flow -way preserve connected to adjacent properties to the east and south. The flowway will consist of native vegetation as well as an excavated channel lake system that will help to alleviate floodingproblems by increasing the storm stage outflows to more historic levels. This is being coordinated with both the US Army Corps of Engineers and the South Florida Water Management District as it will provide a much needed route for seasonal flows its addition to valuable wetland preserve. The flow -way will serve to restore more natural historic flows to the site as well as to upstream areas. e. Extent of impervious surface and percent of groundwater recharge area to be covered. Impervious surface comprises 155 acres with pervious (groundwater recharge) areas at 491 acres, L Annual drawdown of groundwater level resulting from use. A consumptive use permit will be needed from the SFWMDfor irrigation of the project. Preliminaryftndings indicate that the existingfluctuations in the water table are up to 5 feet difference between wet and dry seasons. No drawdown of local water table levels is expected from the project and will not be allowed under the consumptive use permit. g. Increased siltation in natural water bodies resulting from the roposed use. No permanent increase in siltation is expected to occur in natural water bodies or in the on site ►�etlandc �c axesult.o phis- re ectriStonmwater -wild; __Y Agenda Item No, 81 November 28, 2006 Page 202 of 513 TERAFINA Environmental Impact Statement SEC 16 TWP 48S .RNG 26E Revised 02105/01 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, toed in filter cloth around the wetland boundaries and the use of hay bales where necessary, 4. Wetlands. a. Number of acres of Collier County jurisdictional wetlands by vegetation type, vegetation composition, vegetation 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) mappresenied as Exhibit 118. b. Determine present seasonal high water levels and historical high water levels by utilizing lichen lines or other biological 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 design improveslafYects pre - development hydroperiods resulting from the nroiect. Vie natural hydrologic regime on this site has been considerably altered by development and agricultural practices in the upstream watershed as well ashy berms and development downstream from the project. Where forested wetlands in the east Bonita Springs area were cleared for farming, the water storage capacity was lost such thatproperties in the watershed to the south are artificially inundated during the summer wet season. 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 hydroperiods on the project site but those of the surrounding areas as well. An excavated ribbon of interconnected lakes will be constructed within the preserve area that will increase the conveyance capability of the flow -way during storm events. This conveyance system will be controlled with gate structures to mimic natura�_g�o �n�ater— levation– dur_ing-nor rmd- - —� r 2 Agenda Item No. 81 November 28, 2006 Page 203 of 513 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05 /01 conditions, but will allow increased flow during flooding conditions. The system within the Tergfina preserve will average 200 feet wide and 4 feet deep. A marsh community will be planted within the excavated areas. d. Indicate the protwsed percent of the defined wetlands to be impacted and the effects or proposed impacts on the functions of the wetland Areas Jurisdictional wetlands total 533.1 acres out of a total 646.5 project acres. The proposed activity will impact 280.52 acres which represents 52.6% of total on -rite wetlands. The impacts are incurred through residential development, golf course, lakes, and roads. These impacts represent a permanent loss of wetland function. It must be noted that a lot of the wetlands are transitional 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 infestation of melaleuca has gotten even worse. Most of the native vegetation is stressed or dying due to the altered hydrology and the competition of the increasingly dense melaleuca stands. Under the proposed county guidelines for wetland protection, the impacted wetlands would all fall within the class Il and class III designations. All class I wetlands on the project site are slated for preservation. e. Indicate how the project design minimizes impacts on the wetlands. This 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 Melaleuca 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 ofopen areas and flyway corridors. f* Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County Growth Management Plan. In order to offset adverse environmental impacts resulting from development activities in 280.52 acres of wetlands, the development plan provides for preservation and restoration of the remaining on -site wetlands. The preservation of 247.43 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 natural hydrologic regime the invasion of exotics has reduced the functional value and integrity of all on -site wetlands. All preserved wetlands will be cleared of invasive exotic species and maintained in an exotic (ree gamjhal-are-devoid-o e_ devoid of_remnant tiatiue _ - - -- _ VA Agenda Item No. 81 November 28, 2006 Page 204 of 5113 TER4FINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 vegetation will be planted with appropriate native vegetation. Slash pine, cypress and other canopy species will be utilized as will appropriate mid - story and ground cover plantings. Approximately one million dollars of off- site mitigation credits will also 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 wetland value, the project minimizes its impacts to wetland functions. A combination of on and off-site 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 SFW&D Basis of Review. 5. Upland utilization of wildlife and species of special status. a. Number of acres of uplands by vegetative type, vegetative compositiou . vegetation abundance, and their upland functions. A breakdown of upland community by habitat type, dominant species and acreage is presented in the table and supporting FL UCFCS (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 effects of proposed impacts on the functions of upland areas. Df a total upland acreage of 113.4 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 project design minimizes impacts on uplands. Attempts have been made to preserve the 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 of open areas and flyway corridors, d. Provide a plant and animal skies survey to include at a minimum, species of special status that are known to inhabit b1ftical communities similar to those existing on site and conducted in accordance with the Luidelines of the Florida Game and Fresh Water Fish Commission. Please reference EXHIBIT 99, Threatened and Endangered Species Survey. 8 Agenda Item No. 81 November 28, 2006 Page 205 of 513 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 e. Indicate how the uroiect design minimizes 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 Cite preserved areas of adjacent properties thus maximizing wildlife value. This preserve area will also contain the ribbon lakes that that will help to re- establish the historic outfall rates from this portion of the watershed. 7Iris created marsh and lake habitat will also provide valuable foraging 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 Wildllfe 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 factors. The restoration of the area to native vegetation and to historic water regimes will make the preserves far 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 resources. Not applicable. 7. Noise. a. Describe chances in decibels and duration of noise Qenemted during and after the protect (both day and night) that will exceed Collier County regulations; 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. Post - construction, there should be no additional increase in noise with the exception of that generated by personal automobile use by residents. This is not anticipated to exceed County standards. b. steps that wiU be taken to reduce noise levels d urine and alter the proiei-� and Not applicable, see above. 9 Agenda. Item No. 81 November 28, 2006 Page 206 of 513 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02105 /01 C4 project compliance with Federal Aid Highway Program Manual 7 -3 -3 Not applicable. 3.8.5.4.2 Public Facilities and Services 1. Wastewater Mana eement Wastewater produced by future residents and users of 1he project will be directed by underground pipes and sewers to Collier County's North Regional Waste Water Treatment Facility, approximately three miles to the west — south west on Goodlette- Frank Road. a. Describe existing treatment facilities as to capacity, percent capacity beine used, type of treatment and dearee_of treatment. The 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 of 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 f;Rcilides. Not applicable. b. Describe the character and fate of both liquid and solid effluents. Effluent generated by this project will be limited to that from domesticlresidential use and as described above will be directed via pipe for treatment at the nearest Collier Countyfacility. 2. Water Supply. a. Estimate of average daft potable and non - potable water demands by the rr oiect. Average flow for the project would be 850 units X 2.5 persons/unit X 154 gallons per daylperson = 327,250 gallons per day. Peak flow would be twice average flow low or 654,500 gallons per day Non potable water usage will be dependant on a consumptive use permit filed with the SFWAM 10 Agenda Item No. SI November 28, 2006 Page 207 of 513 TERAFINR Environmental Impact Statement SEC 16 TWP 48S RNC 26E Revised 02 /05 /ol b. Source of the raw water supply. Potable water for the project will be accessed from the existing water mains servicing the plde Cypress development along Immokalee Rd. A spur of the water main was put in place up to the property fine during the construction of the 01de Cypress infrastructure. Non potable wafer will be drawn from underground sources but, as stated earlier, will be dependant on a consumptive use permit filed with the SFWMD. c. Analysis of on -site treatment systems relative to State and County standards. Not applicable. 3. solid Wastes. a. Estimate of average daily volume of solid wastes. Solid waste generation estimates would be 850 units X 2 persons /unit X S lbs /day = 4.25 tons per day. b. Proposed method of disposal of solid wastes. Solid wastes will be handled by Waste Management of Collier County. C. Any plans for recycling. or resource recovery. Curbside newspaper, aluminum can and glass pickup will be available. 4. Recreation and open spaces. a. Acreage and facilities demand resulting from the 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 - development will consist of open space with attractive, native landscape vegetation. Off-site recreational needs will thus be minimized although 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 1700 residents would equate to 2.2 acres of community park space and 4.4 acres of regional park space. b. Amount of public parktrecreation land donated by the developer. None. - — - -- 11 Agenda Item No. 81 November 28, 2008 Page 208 of 513 TERAFINA Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 C. Management plans for any oven wafter areas of one -half acre or more within the orolect. 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 owner's association. Easements for water management areas will be dedicated to the County. C. Plans for recreational development by the developer on dedicated lands. Not applicable. e. Amount of public recreation lands removed from inventory by the new use. None. E Develooment and /or blockage of access to public beaches and waters. None. 5. Aesthetic and Cultural Factors. a. Provide documentation from the Florida Master Site File, Florida Devartment of State and any printed historic archaeological surveys that have been conducted on the project area. Please reference EXHIBIT #10, Master Site File response letter. b. Locate any known historic or archaeological sites and the relationship to the proposed project design. No known archaeological sites exist on the subject property as per EXWBIT #10. C. Demonstrate bow the project design preserves the historic/archaeological integrity of the site. Not applicable. 12 Agenda Item No. 81 November 28, 2006 Page 209 of 513 TERAFINA Environmental impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/41 d. Indicate any natural scenic features that might be modified by the project design- and explain what actions sball be atiliaed 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 little in the way of 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 the flow -way preserve will also enhance wildlife viewing opportunities far the residents. C. Provide the basic architectural and landscaping designs. Architectural and landscape designs will be submitted during the review process to Collier County Project Review Services. The designs will be consistent with what is required by the Land Development Code. 6. Monitoring. a. Describe the desian and procedures of any proposed monitoring during, and after site preparation and development. A wetlands monitoring and maintenance plan will 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 specifically address the following: 3.8,6.1.1 Indicate how the Proposed Project has incorporated the natural. aesthetic and cultural and 3.8.6.1.2 resources and other environmental considerations in the Planning and design of the proposed Proiecttand list the environmental impact(s) of the proposed action and the reasons) that the impacti9) are unavoidable and that the impact(s� -re ffresent the minimum impacts passible to the environmental quality of the site and/or the surrounding area, which might be affected by the proposed use. The proposed Terafina project will provide residential and recreational amenities for Northern Collier County's growing populace while contributing to regional stormwater management efforts. Much of the project in it's current state consists of hydrologically 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 little environmental benefit to the region as a whole. The project has been designed with wider land use foal s_ittlttirtd 13 Agenda Item No. 81 November 28, 2006 r°EN� of 513 Environmental Impact Statement SEC 16 TWP 48S RNG 26E Revised 02/05/01 Environmental impacts will entail a loss of 280.52 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 of 646, these are unavoidable impacts and represent the least possible to result in a financially viable project. 3.8.6.1.3 Provide substantiated alternatives to the proposed proiect so that reasons for the choice of a course of action are clear, not arbitrary or capricious. Alternatives to the project include no action which would result in unfeasible financial burden or search for alternative sites. Given the project's location, surrounded by properties which are currently under development or with plans inplace, 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 significant flow -way preserve. Design and permitting of this feature is occurring in tandem and through the regulatory agencies. 3.8.6.1.1 Immediate short -term and long-term impacts to the environment. Short term impacts will result from the use of mechanized equipment on -site and increased noise levels during construction. Long term impacts include the loss offunetion and wildlife value of 280.52 acres of currently degraded wetlands and 82.16 acres of naturally functioning uplands in addition to the effects of increased population in the subject area with corresponding requirement for electricity, water supply and treatment, tragic considerations and 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 reliefto historicallyjlood prone areas of Bonita Springs and Northern Collier County, 3.8.6.15 Any irreversible and irretrievable commitments of natural resources which would be involved in the Rroposed action should be implemented. 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Z:; '+ •�' F � Agenda Item No. 81 November 28, 2006 Page 213 of 513 PI]DEX- 2006 -AR -9610 REV: 2 Project: 2002050014 Date- 8/7106 DUE.- 8/21106 TERAFINA COLLIER COUNTY LISTED SPECIES SURVEY July 2006 Prepared For: GL Ilonzes 1401 University Drive Suite 200 Coral Springs, Florida 33071 Prepared By: Passarella and Associates, Inc. 9110 College Pointe Court Fort Adyef•s, Florida 33919 (239) 274 -0067 Project No, 03GLH856 Agenda Item No. 0 November --.-_- Page 214of513 TABLE OF CONTENTS page Introduction.,.,_,~,~,,^,,.~,'~,,_~,,~,,.,,,,_,.,,,.,._'___.~~.,__,.,__...\ ,~,.,.'__,,.'^______',,~__._.~,,,.,...l \/ &�appozg.,........~—.~.... .—.~.~~—....... ..—..~..~........—~..~^.. Survey ,,~~.^,,.~._,,,.~.~,,~~.,..,_.^,....7 Ilenu�a—.~--.^..--_.~__._.,,~__ Summary .......................... . ... .... ....................... ....��.....�.....��..�....�.�.�.�.� References..,'~^.,,_.,,,.,,~.,,,,, ...... ^,,, .... .,,~ ... ,,,.,.,_,,,,__,,.__~.___^,-9 1 Agenda Item No, 81 November 28, 2006 Page 215 of 513 LIST OF FIGURES Page Figure 1. Project Location Map ........................................ ............................... Figure 2. Aerial with FLUCFCS overlay .................................... ............................... 11 Table 1. Table 2. Agenda Item No. 81 November 28, 2006 Page 216 of 513 LIST OF TABLES Page Existing Laid Use and Cover Sumuzary ................................ ............................... l Listed Species Observed ....................................................... ............................... 7 iii LIST OF APPENDICES Agenda Item No. 81 November 28, 2006 Page 217 of 513 Page Appendix A. Aerial with FLUCKS and Listed Species Locations ....................................... A -1 iv Agenda Item No. 81 November 28, 2006 Page 218 of 513 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 16, Township 48 South, Range 26 East, Collier County (Figure 1). The parcel is undeveloped, forested land. The surrounding land uses include the Parklands project to the north; Olde Cypress residential neighborhood to the south; the Mirasol project to the east; and the Quail West residential neighborhood to the west. VEGETATION MAPPING Vegetation mapping was previously accomplished using 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 I provides the breakdown 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 Cover Summary 1 r ' i S :1 ,h an, WIM r !fr , r i { L 33 t. 7 �' � �� {�{ �. art ,t', �1• J��;,' 1' rF �,'r �I 'i. � �'i Il ay ' •+ Etf� f i 4�r� Y .l 7 r � � t�. tjI' �,r -. �y -.�.� Ill � ' 1`',�n f. I h , rt�• s� �- r�� �. L IA,�t7(7� w' ' I i� � •�, ., �, ,i c F; r x � + _.... � fig r1 � �! �� �� � I �t r 1 t c �66 l a . t' � �• .1 r a a �'. i �7 � I� IF i a ! if �a {. , 1 .�� y -•, l +r , ,, '� rJ 1 ! . e 's r ^ c r rr,y �.:� r}1 -s i'�� � i• I �P li r.�t ,1 •r , � �+ 1 r + 5 S r t ''. 'I r . ti II .� 1 �' ... 1 t ;r ,1 , �y'y �•Jr �`,,, lY, I.1. .�4 fI .,a Agenda Item No. 31 November 28, 2006 Page 220 of 513 Table 1. (Continued) I+'lu[1CPC�. � � CI CiIC I�er�eltts �CBCrIIQ1 x T' 6259 E3 H dric Pine, Disturbed (50 -75% Exotics j 156.27 24.2 6419 E1 Freshwater Marsh, Disturbed (0 -24% Exotics) 1,31 0.2 6419 F2 Freshwater Marsh, Disturbed (25 -49% Exotics) 0.10 <0.1 740 Disturbed Land 4.42 0.7 f TOTALS 646.49 100.0 Pahuetto Prairie Disturbed (0 -24% Exotics) (FLUCFCS Code 3219 E1) This habitat occupies 2.88± acres or 0.4 percent of the site. The canopy is open or may contain scattered slash pine (Pines ellioith) and melaleuca (Melaleuca quinquenervia). The sub - canopy is open or nlay contain wax - myrtle (tMyrica cerifera), myrsine (Rapanea punctata), melaleuca, and Brazilian pepper (Schinus terebinthifolius). The ground cover is predominantly saw palmetto (Serenoa repens) and also contains rusty lyonia (Lyonia ferruginea.), grapevine (Vitis rotundifolia), and greenbrier (Smilax auriculata). Pine Flatwoods Disturbed (0 -24% Exotics} (FLUCFCS Code 4119 El This habitat occupies 23.04± acres or 3.6 percent of the site. The canopy is dominated by slash pine. The sub - canopy consists of wax - myrtle, myrsine, dahoon holly (Ilex cassine), ear -leaf acacia (Acacia oiuriculiforrnis), and melaleuca The ground cover is saw palmetto. Pine Flatwoods Disturbed (25 -49% Fxotics) (FLUCFCS Code 4119 E2} This habitat occupies 60,23± acres or 9.3 percent of the site. This community is similar to FLUCFCS Code 4119 E1; however, the canopy and sub- canopy consist of 25 to 49 percent melaleuca. Pine Flatwoods (50 -75% Exotics) (FLUCFCS Code 4119 E3) This habitat occupies 21.801: acres 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± acres 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 sp,), rosy camphorweed (Pluchea rosea), little blue maidencane (Amphicarpum nzuhlenburgiania), and scattered saw palmetto. Melaleuca Hydric (FLUCFCS Code 4241) This wetland habitat occupies 309.30± acres or 47.8 percent of the site. The canopy is dominated by greater than 75 percent melaleuca with widely scattered slash pine and cypress (Taxodiurn distichum), The sub - canopy contains melaleuca, slash pine, wax - myrtle, and dahoon holly. The ground cover consists of bare ground with yellow -eyed grass, gulf muhly (A.1uhlenbergia Agenda Item No. 81 November 28, 2006 Page 221 of 513 capillaris), hatpins (Eriocaulon decangulare), rush fuirena (Fuirena scirpoidea), and little blue maidencane. Wax - Myrtle /Willow, Disturbed (0 -24% Exotics) (FLUCFCS Code 4291 E1) This wetland habitat occupies 0.59± acre or 0.1 percent of the 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 torpedograss (Panicum repens), arrowhead (Saggitaria lancefolia), Alligator flag (Thalia geniculata), 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 0.56± acre or 0.1 percent of the site. The canopy is pop ash (Froxinus caroliniana) and willow. The sub - canopy is willow and wax - myrtle. The ground cover is scattered arrowhead, maidencane (Panicum hemitomon), and swamp fern (Blechnum serrulatum). Cypress. Disturbed (0 -24% Exotics) (FLUCFCS Code 6219 El) This wetland habitat occupies 5.09± acres or 0.8 percent of the 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 camphorweed, swamp fern, yellow -eyed grass, beak -rush (Rhynchospora inundata), Tracy's beak -rush (Rhynchospora tracyi), and gulfdwic paspaluzn (Paspalum monostachyum). Deeper ponds within the cypress domes support a ground cover of pickerelweed (Pontederia cordata), arrowhead, and Alligator flag, Cypress, Disturbed (25 -49% Exotics) (FLUCFCS Code 6219 E2) This habitat occupies 18.73± acres or 2.9 percent of the site. This community is similar to FLUCFCS Code 6219 El; however, the canopy and sub - canopy consist of 25 to 49 percent melaleuca and Brazilian pepper. Cypress, Disturbed (50 -75% Exotics) (FLUCFCS Code 6219 E3) This habitat occupies 15.11± 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) (FLUCFCS Code 6249 E1) This wetland habitat occupies 0.56± acre or 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 - myrtle. 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 paspaluzn. Agenda Item No. 81 November 28, 2006 Page 222 of 513 Cypress /Pine /Cabbage Palm Disturbed (25 -49% Exotics) (FLUCFCS Code 624 E2) This habitat occupies 2.53± 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 melaleuca and Brazilian pepper. H dric Pine Disturbed 0 -24% Exptics) (FLUCFCS Code 6259 E1 This wetland habitat occupies 0.82± acre or 0.1 percent of the site. The canopy contains slash pine. The sub- canopy contains slash pine, mclaleuca, and wax - myrtle. The canopy and sub - canopy consist of zero to 24 percent melaleuca. The ground cover includes gulf-dune paspalum, little blue tnaidencane, rosy catnphorweed, beak -rush, and rush fuirena. Hvdric Pine Disturbed (25 -49% Exotics) FLUCFCS Code 6259 E2) This wetland habitat occupies 10.27± 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. Hvdric Pine Disturbed (50 -75% Exotics) (FLUCFCS Code 6259 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 melaleuca. Freshwater Marsh, Disturbed (0 -24% Exotics) (FLUCFCS Code 6412_E This wetland habitat occupies 1.31 acres or 0.2 percent of the site. The canopy is absent. The sub- canopy contains widely scattered wax - myrtle, primrose willow (Ludwigia peruviana), and zero to 24 percent Brazilian pepper. The ground cover includes arrowhead, Alligator flag, and maidencane. Freshwater Marsh Disturbed 25 -49% Exotics FLUCFCS Code 6419 E2 This wetland habitat occupies 0.10± 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 (FLUCFCS Code 740) This upland area occupies 4,421 acres or 0.7 percent of the property. The canopy is open. The sub- canopy contains scattered Brazilian pepper. The ground cover includes dog fennel (Eupatorium capillifolium), ragweed (Ambrosia artemisHfolia), ceasarweed (Urena lobata), sweet broom (Scoparia dulcis), hairy beggar -ticks (Bidens pilosa), sandspur (Cenchrus sp.), srnutgrass (Sporabolis indicus), flatsedge, and bahiagrass (Pospalum notatum). 0 Agenda Item No, 81 November 28, 2006 Page 223 of 513 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, threatened, or species of special concern; and for plant species listed by the Florida Department 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 (Picoidas• borealis), Southeastern American kestrel (Yalco sparverius paulus), bald eagle (Haliaeetus leucocephalus), wood stork (Mycteria americana), gopher tortoise (Gopherus polyphemus) and their commensals, such as the Eastern indigo snake (Dryrnarchon corai.s couperi), gopher frog (Rana areolata), Big Cypress fox squirrel (Sciurus niger avicennia), Florida black bear (Ursus americanus floridanus), and Florida panther (Puma concolor 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 through 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 Melaleuca, Hydric (FLUCFCS Code 4241). An aerial photograph with 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 .US, t .. .5. �,'y..�.! -f,7_ axe;* SLa s 8a f .x.Y.w,7C1"�t"r� f qin,�y .10" ��t1���1�yy12,L' �M t� M' ie ! i.3j�. 1 'y��..'j� -'�ya » 'j AxrQy . _'' 77yy ,r 17�t� `• ...,1 �y bs Y �'FWFN1P'sf 5, �4 Y� Eudoeimus albus White ibis SSC - 4241 FWCC — Florida Fish and Wildlife Conservation Commission USFWS —U. S. Fish and Wildlife Service SSC — Species of Special Concern 7 Agenda Item No. 81 November 28, 2006 Page 224 of 513 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. 9 Agenda Item No. 81 November 28, 2006 Page 225 of 513 REFERENCES Florida Department of Transportation. 1999. Florida Land Use, Cover 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 Agenda Item No. 81 November 28, 2006 Page 226 of 513 APPENDIX A AERIAL WITH FLUCFCS AND LISTED SPECIES LOCATIONS Agenda Item No. 81 November 23, 2006 Paae 227 of 513 SOUTH FLORIDA WATER MANAGEMENT DISTRICT t 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8840 FL WATS 1- 800.432 -2045 • TDD (561) 6972574 Mailing Address; P.O. Box 24680, West Palm Beach, FL 33416.4680 - www.sfwmd.gov October 31, 2006 G.L. Homes of Naples Associates 11, Ltd, 1600 Sawgrass Corporate Parkway -- Suite 300 Sunrise, Fl- 33323 Subject: Addendum to Staff Report Dated October 30, 2006 Application No. 060713 -9, Saturnia Falls (FKA Terafina P.U.D.) Collier County, S16(T48S /R26E Enclosed is an addendum to a staff report sent to you on October 30, 2006, It Is requested that you read 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 consideration on Wednesday, November 8, 2006. Please note, the meeting will be held at the Ocean Reef Club located at 35 Ocean Reef Drive in Key Largo. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions, and /or waivers to; Elizabeth Veguiila, 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 materially from the proposed agency action. Please 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, Robert M. Brown, Director Environmental Resource Regulation Department RMB /gh RECEIVED NOV 0 2 200; CERTIFIED MAIL # 7005 0390 0005 9818 0256 RETURN RECEIPT REQUESTED GO VERXING BOARD EXEcurvF. OFFICE Kevin McCarty, Chair Alice J. Carlson Lennart E. Lindahl, P.E. Carol Attn Wehle, Executive Director lrela M. Bagut, Vice -emir Michael Collins Harldey R. Thornton Miya Burt- Stewart Nicolas J. Gutierrez, Jr., Esq. Malcolm S. Wade, Jr. Agenda Item No. 81 November 28, 2006 Page 228 of 513 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities 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 petition 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- 106.115(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 requirements of Rule 28- 106.104, Fla. Admin, Code. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk 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. • Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P.C. Box 24680, West Palm Beach, Florida 33416. • Filings 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 District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. • Fifings 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. 9112/06 Agenda Item No. 81 November 28, 2006 Page 229 of 513 The following provisions 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) "Receipt of written notice of 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 Goveming 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 Invoiving Disputed Issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1), Fla. Stat., and Rules 28- 106.201 -.217; Fla. Admin. Code. Petitions 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- 106.201, Fla, Admin, Code. Hearings Not Involving Disputed issues of Material Fact The procedure for hearings not involving disputed issues of material fact is 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, 9112106 2 Agenda Item No. 81 November 28, 2006 Page 230 of 513 erp_staff_report. rdf Last Date For Agency Action: 09 -NOV -2006 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project (Jame: Saturnia 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 Modification And ConstructionlOperation Modification) Location: Collier County, S16IT48SM6E Permittee : G.L. Homes Of Naples Associates 11, Ltd. Operating Entity: Saturnia Falls Homeowners Association, Inc Project Area: 646.49 acres Project Land Use: Residential Drainage Basin: WEST COLLIER Receiving Body: COCOHATCHEE CANAL Special Drainage District: NA Total Acres Wetland Onsite: 533.10 Total Acres Wetland Preserved Onsite: 253.04 Total Acres impacted Onsite : 280.06 Total Acres PresvlMit Compensation Onsite: 284.41 Total Acres PresvlMit Compensation Offsite: 154.00 Conservation Easement TG District: Yes Sovereign Submerged Lands: No Sub B� DRAB' Ubject to Governing BQGrd Approval Rin COC Class: CLASS III PROJECT PURPOSE: This application is a request for a modification to an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving a 639.26 -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 onsite and offsite wetlands and a 48" drainage outfall pipe. Apn.no.: 000713 -9 Page 1 of 24 Agenda Item No. 81 November 28, 2006 Page 231 of 513 erp_staff report.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 Exhibits 1.0 and 1.1. The entire project site 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 Cocohatchee Canal. PROJECT BACKGROUND: An Individual Environmental Resource Permit was issued by the Governing Board in May 2002 for this site known at the time as Wildewood Lakes, authorizing the Construction and Operation 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 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 Section 120,573 F.S. After three years, the applicant provided the necessary information to address staffs concerns 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 will 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 modification 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 Issued to modify 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 channel /flow -way known as the Mirasol Flow -way along the eastern side of the project. Special Condition No. 18 ofthe 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 constructed. For purposes of this staff report, the permit issued on 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 letter 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.: 060793.9 Page 2 or 24 Agenda Item No. 81 November 28. 2006 Page 232 of 513 erp_staf[ report.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 application modifies the March 2004 Permit 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 information, wetland impacts end mitigation remain consistent with the March 2004 Permit, however runoff from Logan Boulevard, along the western boundary of the project site will not be directed 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, 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 operation of the operable control 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 slough 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 detention lake system prior to discharging to Cocohatchee Canal through the operable control structures: WCS -1 and WCS -2. Control Structure WCS -1 Is located in Lake 4 discharging to Cocohatchee Canal via a 48" RCP drainage outrall 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 quality 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 50% water quality treatment. To be consistent with the hydroperlod of the wetlands slough located to the east of the project site during dry season/ low flow conditions and to provide flood storage in order to reduce upstream and downstream flood stages in the slough during wet season/ high flow conditions, the operable control structures are scheduled based on the water levels in the wetlands slough. 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' SHEET21) model results (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 tallwater conditions for the design of the SWMS. The model results also indicate that the water level in the slough is below elevation 14.00 ft NGVD approximately 70% of the year. During 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 now southerly through the existing wetland slough to the 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 Agenda Item No. 81 November 28, 2006 Page 233 of 513 erp_ staff report.rdf offsite discharge: to the 48 -inch diameter pipe in Logan Boulevard Right -of -Way through Control Structure WCS -1. The maximum discharge rate under these conditions is 15.28 cfs and will occur to the slough. Based on the slough's hydraulic model results, operation under this condition shall occur approximately 70% of the time on an annual basis. During the wet season / high flow conditions (the water level in the slough is above elevation 14.00 ft NGVD, the SWMS shall 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 rate of 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 bleederldischarge structure with a control elevation of 13.40 feet NGVD. During these conditions, discharge will also occur through the fixed discharge structure on Control Structure WCS -2 with a maximum value of 2.10 cfs. The total discharge rate during the operation in this condition 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 is 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 Control Structure WCS -2. The SWMS is designed to receive runoff from the slough to provide additional flood storage to maintain / reduce upstream and downstream flood stages in the slough during wet season / high flow conditions. Stormwater runoff from the slough shall be routed to the SWMS and discharges through Control 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 levels. The analysis included an evaluation of inundation levels during the 25 year - 3 day storm event and the 100 year - 3 day storm event. The analysis compares the existing conditions and proposed conditions 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 and 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. In addition to the above considerations, the applicant for the Mirasol project (Permit No. 11- 02031 -P / Application No. 060524 -2) analyzed the runoff into 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 flaws into the Cocohatchee Canal. The area evaluated was bounded on the 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 Mirasol Application, The proposed Mirasol Application resulted In a total of 529 cfs entering the Cocohatchee Canal from the combined slough system and Mirasol pass- through system. Under this application, the resultant conditions would result in an additional 13.50 cfs being directed to the Cocohatchee Canal under the Logan Boulevard right -of -way. This results in a total post development flow to the Cocohatchee Canal of 542.50 cfs, 10.50 cfs less than the existing pre - development discharge for the area. App.no.. 060713 -9 Page 4 of 24 Agenda Item No, 81 November 28, 2006 Page 234 of 513 erp_staff report.rdf 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: Al. East Preserved Area - 210.42 acres A2. East Buffer - 5.17 acres A3. East Riprap -1.14 acres A4. North Preserved Area - 28.12 acres A5. North Right -of -way - 4.18 acres B. The land use category "Preserved" totaling 3B.99 acres represents preserved areas which are part of controlled drainage basins. This land use category can be broken down as follows: B1. South Preserved area - 25.97 acres B2. Southeast Preserved Area - 4.19 acres B3. 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 Basin Site Building Coverage •91 Pervious 3.17 Impervious 3.13 Total: T.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 Total: 639.28 646.49 Basin : SITE This Phase Total Basin Building Coverage - -- 73.74 74.65 acres Impervious 46.00 49.13 acres App.no. ; D&0713 -9 Page 5 a! 24 Agenda Item No. 81 November 28, 2006 Page 235 of 513 — erp_staff report.rdf Basin . SITE This Phase Total Basin Lake 86.94 86.94 acres Pervious 144.58 147.75 acres Preserved 38.99 38.99 acres Total: 390.25 397.46 WATER QUANTITY: Discharge Rate: The proposed development's discharge rate Is within the allowable discharge rate previously permitted 0.04 cfslacre (25.60 CSM) in the May 2002 Permit. The allowable discharge rate during the 25 year - 3 day storm event was based on the Cocohatches Canal Plan and Coll ler 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 cis. Discharge Storm Frequency: 25 YEAR -3 DAY Basin Allow Disch Method Of (cfs) Determination SITE 15.9 Previously Permitted Finished Floors : Design Rainfall : 11.1 inches Peak Disch Peak Stage (cfs) ( ft, NGVD) 15.61 15.38 Building Storm Frequency: 100 YEAR -3 DAY Design Rainfall : 13.3 inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation ( ft, NGVD) { ft, NGVD) ( ft, NGVD) SITE 16.05 16.6 N/A Road Design ; Road Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 11.1 inches Basin Peak Stage Proposed Min. Road Crown (ft, NGVD) (ft, NGVD) SITE 15.38 15.7 Parking Lot Design : Parking Lot Storm Frequency: 25 YEAR -3 DAY Design Rainfall 11.1 inches Basin Peak Stage Proposed Min.Parking Elev. ( ft, NGVD) (ft, NGVD) SITE - -` "15.36 16.7 App.no.: 060713 -9 Page 6 of 24 Agenda Item No. 81 November 28. 2006 Page 236 of 513 erp_ staff report.rdf Flood Plain /Compensating Storage: In the existing conditions, the project site provides historic storage for runoff from the eastern part of Lee and Collier Countles during the middle to latter part of the normal rainy season. Inundation in 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 flow 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 effects 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 Tomaseilo Consulting Engineers' SHEET2D model results (Tomasello, 2006) and the Big Cypress Basin's Cocohatchee Canal Phase 4 Improvements (Feng, 1999). The analysis included an evaluation of inundation levels during the 25 year - 3 day storm event and the 100 year - 3 day storm event. The analysis compares the existing conditions and proposed conditions 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 and 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 : Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) ( ft, NGVD) (ft, NGVD) Determination SITE Receiving Body: 397.46 13.4 13.40 Previously Permitted Basin Str.# Receiving Body Site WCS -1 COCOHATCHEE CANAL. (LOGAN BLVD OUTFALL) Site WCS -2 ONSITE AND OFFSITE WETLANDS Discharge Structures: Note: The units for all the elevation values of structures are (ft, NGVD) Bleeders: Basin Str# Count Type Width Height Length Dia. Invert Invert Elegy Angle SITE WCS -1 1 Rectangular Notch 6` .35' 13.4 SITE WCS -2 1 Rectangular Notch 6 .35' 13.4 Culverts: Basin Str# Count Type Width Length Dia. SITE WCS -1 1 _ Reinforced Concrete Pipe 6500' 48" Inlets: Basin Str# Count Type Width Length Dia. Crest Elev. SITE WCS -1 1 Inlet 10.33' 12' 18 Weirs: Basin Str# Count Type Width Height Length Dia. Elev. App.no.: 060713 -9 Page 7 of 24 Agenda Item No. 81 November 28, 2006 Page 237 of 513 erp_staff report.rdf Discharge Structures: Weirs: SITE WCS -1 1 Sharp Crested 9' 15.36 (crest) SITE WCS -2 1 Sharp Crested 20' 15.4 (crest) SITE WCS -2 1 V -Notch 1.39' 1.2' 14.2 (crest) WATER QUALITY: As shown in the table below, the proposed surface water management system provides the water quality volume 49.68 ac -ft, based on the first 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 Protection (DEP) for Dissolved Oxygen (DO) and Iron (Fe), After review of the submitted information, staff has concluded that the proposed project will not contribute to the canal's water quality Impairment. Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality. Construction and daily operation of the project shall be conducted in accordance with Special Conditions No. 20.21 and Exhibits No. 2.21 and 4.0 -4.6 which are Incorporated by reference and shall bo retained in the permit file. Accordingly, no adverse water quality Impacts are anticipated to result from this project. Basin Treatment Method Vol Reci.d Vol Prov'd (ac -ft) (ac -ft) SITE Treatment Wet Detention 49.66 49.68 WETLANDS: The site contains 533.1 acres of wetlands, with 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 site. The onsite 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 (WILDEWOOD LAKES): The mitigation to offset the proposed 273.13 acres of direct wetland impacts involved both onsite mitigation and offsite 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 with the mitigation plan. The connector preserves were not included in the mitigation analysis for offsetting wetland impacts on Wildewood Lake. All wetland and upland preserves were to be placed under a conservation easement. The offsite 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 -8 Page 8 of 24 Agenda Item No, 81 November 28, 2006 Page 238 of 513 erp staff_report.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 activities such as exotic removal, prescribed burning, etc. The permittee 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 25-70 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 listed 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 line, 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 wetland habitats. The five preserves were to be interconnected by box culverts under the proposed roads. These box culverts were designed to provide wildlife crossings to facilitate wildlife movement between preserve areas. The five preserves were connected 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 3.8a - 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 mitigation in CREW. As a result, the applicant has provided a substantial amount 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 (SATURN IA FALLS fka TERAFINA PUD): The total area designated as mitigation In the current modification will remain unchanged from the March 2004 Permit (284.41 acres). These areas are designated as follows: - 146.32 acres Wetland enhancement through hand removal of exotics - 104.24 acres Wetland enhancement through mechanical removal of exotics, grading to wetland App.no.: 080713 -9 Page 9 of 24 Agenda Item No. 81 November 28, 2006 Page 239 of 513 erp staff report.rdf elevations and planting with native vegetation - 0.10 acre Wetland creationfrestoration from uplands 2.48 acres Enhancement of the preserve slough buffer - 31.27 acres Upland Preservation - 284.41 acres Total The wetland enhancement 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 Exhibits 3.1 and 3.2). These marshes will be graded to varying depths to allow for the concentration 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 maintenance schedule, conservation easement, and financial assurance. All other elements of the mitigation plan remain as previously permitted (see Exhibits 3.1 through 3.4). The proposed plan for the onsite mitigation areas In the current modification no longer includes excavation of a flow -way within the mitigation area. As part of the proposed modification, the area previously designated as a flow -way will be placed under a conservation easement and the exotic plant species will be removed in accordance with Exhibit 3AA, However, the previously designated flow -way area will not be counted toward any mitigation credit for the proposed project. The proposed modification of the surface water management 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. This will 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, with the March 2004 Permit, and are not being reported again to FDEP with this application. App.no.. 060713 -9 Page 10 of 24 Agenda Item No. 81 November 28, 2006 Page 240 of 513 erp_staff_reporL rdf Wetland Inventory: CONSTRUCTION MOD -CREW Site Site Slte pre- Development T Poet - Development Id Ty Id Type Melaleuca- Upland Pre AA Acreage Current With Time Risk Pres. Post Adj Functlonai Type (Acres) Wo pros Project Lag (Yrs) Factor Factor Fluccs Delta Gain !Loss cs cs Acreage Current With Time Risk Adj Post 1 OFF 625 Enhancement 154.00 Flue Type Total: 154.00 Project Lag (Yrs) Factor factor Fluccs Wettand Inventory: CONSTRUCTION MOD - Saturnia Falls (fka Terafina PUD) Site Slte 411 Pre - Development 411 Post- Development Id Type Melaleuca- Upland 424 Melaleuca- Wetland 610 Wetland Hardwood Forests 625 Pro AA Acreage Current With Time Risk Adj Post Adj Functional Meialeuca Flue Type (Acres) Wo Pres Project Lag (Yrs) Factor factor Fluccs Delta Gain l Loss C.S. CRT ON 424 Restoration/Creation .10 ENH ON 6AC Enhancement 253.04 1MP ON 610 Direct 279,25 .000 .000 IMP2 ON 641 Direct .61 .000 .000 UPL ON 411 Preservation 31.27 Total: 564.47 •00 Fluccs Code Descri tion 411 Pine Flatwoods 411 Pine Flatwoods - Hydric 411 Pine Flatwoods - Upland 424 Melaleuca- Upland 424 Melaleuca- Wetland 610 Wetland Hardwood Forests 625 Hydric Pine Flatwoods 641 Freshwater Marshes 6AC Cypres - Pine - Meialeuca Endangered Species: This project contains potential habitat for listed weliand- dependent wildlife species such as the Florida panther (Puma concolor coryi), 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.no.: 060713 -9 Page 11 of 24 erp_staff_report, rdf Agenda Item No. 81 November 28, 2006 Page 241 of 513 wetland enhancement and 0.1 acre of wetland restoration /creaticn. In addition, the current modification Includes a proposal to conduct mechanical clearing of exotic plant species and site grading to wetland elevations along with planting of native vegetation within 104.24 acres of the onslte mitigation areas. These areas will 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, the 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 wildlife 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 at 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 the previously proposed flow -way preserves, The FWC had previously requested that a wildlife management plan be coordinated for all of the flow -way preserves associated with Mirasol, Olde Cypress Golf Club and Wildewood Lakes (now known as Saturn(a Fails). Since the flow -way is no longer proposed, no additional wildlife management plan submittals are required in the current modification. Species Potential Occurence Use Types Big Cypress Fox Squirrel Preferred Habitat Preferred Habitat Florida Panther Known Range Red Cockaded Woodpecker Preferred Habitat Wood Stork 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 the SFWMD /BIg Cypress Basin (BOB). The draft Control Structure Agreement between the South Florida Water Management District/ Big Cypress Basin and G.L. Homes of Naples Associates 11, LTD and Saturnia Falls Homeowners Association, inc. 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 District Governing Board_ The applicant has submitted a fully executed 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 areas for the 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 acres of mitigation area (Exhibit 3.6, page 41 of 41). App.no.: 060713 -8 Page 12 of 24 Agenda Item No. 81 November 28, 2006 Page 242 of 513 erp_ staff report.rdf CERTIFICATION AND MAINTENANCE OF THE WATER MANAGEMENT SYSTEM: it is suggested that the permittee retain the services 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 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 Rule 40E- 4.361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E-4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification 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 construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit 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 with 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 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 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 protection 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, : O60713 -9 Page 13 of 24 erp_staff_ report. rd f Agenda Item No. 81 November 28, 2006 Page 243 of 513 RELATED CONCERNS: CERP: The proposed project is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Water Use Permit Status: Water Use permit No. 11- 02053 -W, initially authorized on April 11, 2002 for the Wildewood Lakes project In accordance with Application No, 001218 -25 and modified by letter on March 24, 2004 for the Terafina project in accordance with Application No, 030820 -4, expired on February 28, 2005. The applicant proposes to withdraw Irrigation water from two wells from the Lower Tamiami Aquifer under Water Use Permit No. 11- 02053 -W. Water Use Permit Application No. 0608i0 -5 has been submitted and is being processed concurrently with this project. The applicant has indicated that dewatering is required for construction of this project and wilt 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 without additional dewatering authorization (see Special Condition 19 and Mitigation Work Schedule). This permit does not release the permittee from obtaining all necessary Water Use authorizations) 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 Section 40E- 2.051, FAC. Potable Water Supplier: Collier County Utilities Waste Water System /Supplier: Collier County Utilities Right -Of -Way Permit Status: Right -of -way Permit Application No, 06.0809 -1 has been submitted to the Sig 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 -of -way until the right -of -way occupancy permit is obtained authorizing the proposed work in the District's right -of -way (see Special Condition 16), DRI Status: This project is not a DRI. Historlcal /Archeological Resources: The District received correspondence from the Florida Department of State, Division of Historical Resources during the processing of the previous permit applications for this site indicating that the agency has no objections to the Issuance of the permit. DCA/CZM Consistency Review: 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 01 24 Aaenda Item No. 81 November 28, 2006 Page 244 of 513 erp_staff report.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 copies of correspondence and the staff report. These above - listed individuals are included in the distribution list for this staff report. Pollutant Loading calculations submitted with the application and reviewed by staff appear to be consistent with the information in the September 2003 Evaluation of Alternative Stormwater Regulations for Southwesj Florida report which demonstrate 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 - development conditions. Enforcement: There has been no enforcement activity associated with this application. App.no.: 060713 -9 Page 15 of 24 Agenda Item No. 81 November 28. 2006 arp_staff_report.rdf Page 245 of 513 STAFF RECOMMENDATION: The Staff recommends that the following be issued: Modification of Environmental Resource Permit No. 11- 02055 -P to authorize Construction 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 Teratina 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 onsite and offsite wetlands and a 48" drainage outfall pipe. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached !q% z General and Special Conditions. Subjt to Gvye�nin STAFF REVIEW: V0'J Bow App NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL ENVIRQ NTAL EVAL N SUPERV R Edward Cronyn � 7 Edward Cror yn DIVISION DIRECTOR:, DATE: Anita R. Bain SURFACE WATER MANAGEMENT DIVISION APPROVAL. G�INEERIN EVALUATION ( Pakorn Sutltarnnontr, P.E. App.no.: 060713.9 Page 16 of 24 DATE: Z erp_staf _report.rdf GENERAL CONDITIONS Agenda Item No. 81 November 28, 2006 Page 246 of 513 1. Ali activities authorized by this permit shall be implemented 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 fart IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the work site of the permitted activity. The complete permit 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 prior to commencement of the activity authorized by this permit. 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 during construction, and permanent control measures shalt 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 waterbody exists due to the permitted 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, 1988), Incorporated by reference in Rule 40E- 4.091, F.A.C. 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 is Issued. At least 48 hours prior to commencement of activity 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 status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource /Surface Water Management Permit Construction CompletioriJCertification Form dumber 0881A, or Environmental Resource /Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 08818, incorporated by reference in Rule 40E- 1.659, F.A.C. The statement of completion and certification shall be based on onsite observation 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 permit 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. Ail surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until 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.: 000713.9 Page 17 of 24 erp staff report.rdf GENERAL CONDITIONS Agenda Item No. 81 November 28, 2006 Page 247 of 513 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 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. 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. 8. 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 focal government or other responsible entity. 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 with this permit, 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 Environmental 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 authority 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 documents will result in the permittee remaining liable for carrying out maintenance 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 District in writing 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 authorizations 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 awned 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, F.A,C.. 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 Internal 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 permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A,C., 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, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. App.na.: 060773.9 Page 18 of 24 erp staff_report.rdf GENERAL CONDITIONS Agenda item No. €;I November 28. 2006 Page 248 of 513 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 other transfer of ownership or control of a permitted system or the real property on which the permitted system is located. Ail 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 shalt have permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. if historical or archaeological artifacts are discovered at any time on the project site, the permittee shall Immediately notify the appropriate District service center. 19. The permittee shall Immediately notify the District in writing of any previously submitted information that is later discovered to be inaccurate. App.no.: 060713.9 Pape 19 of 24 Agenda Item No. 81 November 28, 2006 Page 249 of 5.13 erp staff report.rdf 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 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. 3. Operable structures WCS -1 and WCS -2 shall be maintained by the Saturnia Falls Homeowners Association, Inc. in accordance with Exhlbits 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 /Big Cypress Basin, G.L. Homes of Naples Associates it, Inc, and the Satumia Falls Homeowner's Assocation, inc. regarding the operation and maintenance of the structures is fully executed and approved by the District's Governing Board. 4. Discharge Facilities: Structure: WCS -1 1 -9.00' W IDE BROAD CRESTED weir with crest at elev. 15.36' NGVD. 1 - 6.00'W X 0.35'H RECTANGULAR NOTCH with Invert at eiev. 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. 58.00' 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 weirwith crest at elev. 14.20' NGVD. 1- 20' W iDE BROAD CRESTED weir with crest at elev. 15.40' NGVD. 1 - 6.00'W X 0.36H RECTANGULAR NOTCH with invert at elev. 13.40' NGVD. Receiving body: ONSITE AND OFFSITE 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 (horizontal:verticai) 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 elevation to Insure vegetative growth, unless shown on the plans. 9. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 10. 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 submisslon of the certification report, App.no.: 060713 -9 Page 20 of 24 Agenda Item No. 81 November 28, 2006 Page 250 of 513 erp_ staff report.rdf SPECIAL CONDITIONS The location of the elevation reference must be noted on or with the certification report. 111. 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 property 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 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 the adverse impacts. 13. Minimum building floor elevation: 16.60 feet NGVD. 14. Minimum road crown elevation: 15.70 feet NGVD. 15. Minimum parking lot elevation: 15.70 feet NGVD. 16. No work shall occur within the Cocohatchee Canal right -of -way until all necessary right -of -way occupancy permits are obtained authorizing the proposed work in the District's right -of -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 applicant 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. 16. A Water Use Permit for dewatering activities must be obtained for dewatering beyond May 9, 2007. 18. 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 demobilizing 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 include, 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 habitat 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.: O60713 -9 Page 21 of 24 erp staff_reportxdf SPECIAL CONDITIONS Agenda Item No. 81 November 28, 2006 Page 251 of 513 on the plat if the project will be platted. Restrictions for use of the conservation/ common areas shall stipulate: The wetland preservation /mitigation areas, upland buffer zones, and/or upland preservation areas are hereby dedicated as conservation and common areas. The conservation/common areas shall be the perpetual responsibility of the homeowners association and may in 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 permitted 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/nuisarice vegetation removal; excavation, dredging, or removal of soli 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 shall be submitted to the District's Environmental Resource Compliance staff concurrently with engineering certification of construction completion. 25. Prior to any construction, the permittee shall submit the executed agreement, Exhibit 6.00 - 5.06, that provides for operation of W CS 1 and 2 by the Big Cypress Basin. 26. Endangered species, threatened species and/or species of special concern have been observed onsite and /or the project contains suitable habitat for these species. It shall be the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation Commission and /or the U.S. Fish and Wildlife 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 Exhibit Nos. 3.1 through 3.4. The performance bond shalt 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 all 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 non- compliance with the permit. 28. A monitoring program shall be implemented in accordance with Exhibit No. 33 and 3.4. The monitoring program shall extend 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 Initial 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 150% 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 Fails, in accordance with Exhibits 3.3 through 3,5. 30. A mitigation program for Saturnia 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 mitigation areas /preserves on a regular basis to ensure the integrity and viability of those areas as permitted. App.no.: 060713 -9 Pope 22 of 24 erp staff_report.rdf SPECIAL CONDITIONS Agenda Item loo. 81 November 28, 2006 Page 252 of 513 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) immediately following a maintenance activity. Maintenance in perpetuity shall also insure that conservation areas, including buffers, maintain the species and coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not exceed 5% of total cover between maintenance activities, in addition, the permittee shall manage the conservation areas such that exotic/nuisence plant species do not dominate any one section of those areas. 32. The District reserves the right to require remedial measures to be taken by the permittee If monitoring or other information demonstrates that adverse impacts to onsite or offslte wetlands, upland conservation areas or buffers, or other surface waters have occurred due to project related activities. 33. Silt screens, hay bates, turbidity screens /barriers or other such sediment control measures shall be utilized during construction. The selected sediment control measure shall be installed landward of the upland buffer zones around all protected wetlands and shall be properly "trenched" etc, in accordance with Exhibit No. 2. All areas shall 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) shalt be completed in accordance with the worts schedule attached as Exhibit No. 3.5. 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 shalt 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 conservation easement and in accordance with the work schedule shown as Exhibit 3.5, the permittee shall submit for review and approval, two (2) copies of the following: 1. Project map Identifying conservation area(s) 2. Legal description of conservation 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 Compliance Enforcement staff in the District service center where the application was submitted. B) The real estate information referenced in paragraph (a) above shall 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 shall 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 shall record the conservation easement in the public records within 14 days of receiving the District's approval of the real estate information. Upon recordation, the permittee shall submit two certified copies of the recorded conservation easement for the mitigation area and associated buffers and title insurance policy, to the Environmental Resource Compliance staff in the App.no.: 060713 -9 Page 23 of 24 Agenda Item No. 81 November 28, 2006 Page 253 of 513 irp_stat(_report.rdf SPECIAL. CONDITIONS District service center where the application was submitted. E) In the event the conservation 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 (A4 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, NARN with the map units in feet. App,no.: 060713 -0 Page 24 of 24 Agenda Item No, 81 November 28, 2006 Page 254 of 513 Lat 26 1740" BONITA SPRINGS Long 8142' 45" See 16 Town 48 Range 26 PROJECT qMLOCAMONI Ii GOLDEN GATE ............... M sa E PWMW ICU M ...... RW!M DAVS 00 NAPLES . ............. ........... .......•.... I..... .......... .................. I ....... ORIGINAL SUBMITTALL JUL 1 3 NOG LWC SERVICE CENTER MINITY MAP NAPLES AREA MAP K.T.S. APPLICATION Numt5r- 060713- E H 16 1 1 T 1.0 TERAFINA PUD (SATURNIA FALLS) cm � CD C) in _ O aLO NLn �N E to ac: jn CM < z° r CL �C Z 0 U 0 J EXHIBIT l.i c� ch o� o �r z Q L _ N 0 Q z a LO 0 0L N Wo Z I O T O Q LL U f- OW 2 CL ci w� CL U: vi M c� m WA co W (D `m4 W 0) cd 11 Q Cif 00 it 0 cx u. rn�rn Y! 4- 3� a0 �- t) ( W ^w ^L 2 0 QU m U J ert H ft ee 1t .1t x K .Fn cf«bP k W N v a g � .Fn b 4 0 0 a v� zoo a o .{ V d�M 's to 0 to N � H � to N = til 92 uj us W OC tS tr� .Fn cf«bP 4 0 0 a v� zoo a o .{ V d�M 's to 0 to N � H � to N = til 92 uj us W OC tS tr� I; - A � I I , - I - .., 1. ; P rt 7 V, r7- rM LU ihi Agenda Item No. 81 NovembE r Z �,JP06 Page I EO 13 I; - A � I I , - I - .., 1. ; P rt 7 V, r7- rM LU ihi Agenda Item No. 81 - November 28 2 8 " '� �' Paae 2 8 f rt 13 S i b tt Nil 1, g Nil �j Ind a y W lit r > i1 Or ,!!ry e / Z; Via` W '� '.11: all "•�� :{1��: * r of 7 1,15F M®r- w Agenda Item No. 81 Novemb ,rf 3, 06 - I -1 Dage ft� jc% 13 0 INS t1M iii 1 ILI uvruLHoo wa ain Hoivn OW t t all 0:1 -mom . a Cd CCt cn T ,i all �����.•�� irlr«' ;•`''•�" 1'•x'•1 •;,',r,'•1 j'1 ��: ;,' Ft�' r uo.r•.nw , .1 � . � t ' . 1 r _, • ' ,.� . :,,'• .; l' • f: :1.'i.•, ,.;, �• ", .. ; tr.. /r..;. • . + .•r '.l 1. ;�•. • .r •% •,l '••I.�'••'y�'•. 1 ' 1 f .'{ • 1 ".•• _ 1 • 11r •'. `l .� 1, 1'r,•1'•• run tvEW+e _9M rig3 OP4n HU.LVn Agenda Item No. 81 Novembe 2 06 P e s 13 �qln dIC i kilill MA WW . j� ^•.err {� 1 j CA h� \\ jr 111 � •� '. �. ��, Ai8�� -';-' r. all �����.•�� irlr«' ;•`''•�" 1'•x'•1 •;,',r,'•1 j'1 ��: ;,' Ft�' r uo.r•.nw , .1 � . � t ' . 1 r _, • ' ,.� . :,,'• .; l' • f: :1.'i.•, ,.;, �• ", .. ; tr.. /r..;. • . + .•r '.l 1. ;�•. • .r •% •,l '••I.�'••'y�'•. 1 ' 1 f .'{ • 1 ".•• _ 1 • 11r •'. `l .� 1, 1'r,•1'•• run tvEW+e _9M rig3 OP4n HU.LVn Agenda Item No. 81 Novembe 2 06 P e s 13 �qln dIC i kilill MA WW . j� ^•.err {� 1 j CA h g 11' 1 , I 0� fit r �� i�r� �►� BiCF� Xi�r Arai + � �� y 1 r 1 ff t , Ty 7 •,Jovernt ii i11i i' Ire gg �a RagE tl f� aaara•a� a Ito t •l;;}•i '.•�i''L�.'•r fit, t p . • •', t tf. , +�•••t i,• r� .rr" ./. r.. •' '• •� •1 I '•. . _'. wC' i .: .J •.t !. ,;«. •,•r �•:� 1 •; .: •.:r,,'�1••,.• . . •J 'tn: �, 'I.r t`r r t.i,��.• "i,�q�j•�,jr'.�Yi' .�s'•;. �,�Cr' _ r4:�: . °r:r;••.j ✓• /Y •, '. ,': ''r.� „�� .�•• �t•0��.1,'+• fo EAR `� .' .`�n.t . s'��• ••1 �,• ,, rM., C'r:'! 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S i�, l.1 e AI �� � Id �P !4 � �..•��' .f��.r'�1nr •.:7', � 1AlC �' k1l r r1 ®R Agenda Item No. 81 06 Page 2 f ff 5 13 A' (TA, A "ll --------- - - Ai co 1 4 j w t Agenda Item No, 81 November 28. 2006 P Igf 21k of 513 F I �Me ;T M.A 7_1 t' 71 • 12 gl (ID TD \\ Tv I T2 iI rl T (1) X" v 11 TV L It lug -4 1- 1114 , J1. -s IT) MIR Aaenda Item No. 81 N8vemo r 06 Page 13 rx —� � fl � � � � i � I r � � Lit � cos ����� 1 -4 7 I T2 iI rl T (1) X" v 11 TV L It lug -4 1- 1114 , J1. -s IT) MIR Agenda Item No. 81 7 06 13 t.P7,4,be M, � ou 1 t, 4 41' " 1 7 4 red lil jab w 0 Z 9 0 it � A 101ls1 all Ill I'll, All ou 1 t, 4 41' " 1 7 4 red lil jab w 0 Z 9 0 it � A 101ls1 all Ill I'll, 4 a n 4 i C Agenda Item No. SI 8006 Pag v �t� 513 { a v K 02 S 0 c3 a oil II III tld c� C.l� it 1� ,k ` 't[.,. �ir, •[. 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Pi;1rd Approv8I The purpose of this addendum is to replace Exhibit 2.17 in the Staff Report with �"� the attached exhibit. SURFACE WATER MANAGEMENT DEPARTMENT - APPROVAL DIVISION DIRECTOR P.E. Date NATURAL RESOURCE MANAGEMENT DEPARTMENT APPROVAL DIVISION DIRECTOR Anita R. Hain Date ��oco (D -°oar, N O cc U-) co > a. O)o Qz it � k z � 3 d a a x r � mm L � JIR f 1_410J ..i -4 v °I 3 ° S r 2 8 �Y �Y r R ��h m N IlZ 9� J � y V] N �t y V Y �o� O 0 o to � N O E�� 00 Qz At { .. �•� 4 it + i k fi !t ul m-1-111 1�mn%mti i FFI Jai F,F ili I " iii ii! it I l ,l CIM 3 T m,a, .d. t a>a n. f � N i r' ti� Y Y t�Y I y , h ' ;131 M. N ! ;. �� dy 9 fJ � �Q tR >a�+ le i pit 111 . w kr t� f 4 it � d fig` • • i 3 � 4 Y i �� I E ; �I a ti E3 21di � MAN i, us { , 1� 1 l s �I a ti E3 21di � MAN i, us { , G, f Oil r a'1 ' ,•� � u + 0 � i s; i 5 r s 1 S • ii a F Agenda Item No. 81 Novemberf�2(6 Pad 2 iI j 3 � � T sE� i Y t� k 1 I, rfi } ha d Ili r � , got c �tq $ tt d �i E T s._ '1 M -rj54 y 11 A C�z) i; + 1 r k E Agenda Item No. 81 d 06 Pa g 7 O"`.E13 �r 1 s5ir z 1 1 t F��j � of it a �! � � •,� rj i�IF Fl. ,,M i; + 1 r k E Agenda Item No. 81 d 06 Pa g 7 O"`.E13 �r 1 s5ir z 1 1 t F��j � of it a �! � � •,� rj i�IF Fl. w a Q V Q N O R-11 4Cd . ,...1 � r CC UO �o oLn O c� d' N N CD M.0 O7 70 >� !,I" 'q!I[ li LL � I xti ! ft I I i �aa i � lilt i I � I � 1i { I lit IjjjFil, 4 ! F °t I 1 I 31 C 1 C •� # t A fill! 1 Jil e E !,I" 'q!I[ li LL � I xti ! ft I I i �aa i � i I � I � i �2 I� i I lit t R} INN iitl( I I �x I� t lj �I lit i I� f � i I � I I �2 I� i I IjjjFil, 4 ! F °t I 1 I iitl( I I �x I� t lj �I lit i I� f � i I � I I �2 I� i I iitl( I I �x I� t lj �I lit i I� I i I � I 3 , iitl( I I �x I� t lj �I lit i I� I i I � 3 IjjjFil, ! F °t iitl( I I �x I� t lj �I lit i I� i l vJ i I i l vJ ODD OD 7C) t 0) ll cv- n 6: < Z I il P TI, ------------------------ I ". h- Bill 11 < e s s BE BEEN ..... ..... 7:L3 �... •�+u++�+r .: iii% raw ci h yy E \\\ Y o � �\ UUV4�S CiV(1 V U li UV d0 000 260 a00 e W Agenda Item No. 81 November 28, 2006 Page 283 of 513 U e u O 7 u! r•ry.. .. r r, .. li TK41 Ijj= iQ V7l iY is �.s s.4 «enc {!. ➢.i « «ca ➢4 V.E «•«aa, . ➢. LL) Cl .r U 6 f w ➢, > it �= .'sc•..- .. .. 711 '.•i�� .i•; f � i _ >I,�P 111 11111111/1l1111'Jl` y 9 i O r-1 r 32. C7 t? Z a z Q a Z n a w 3 �l nl I w, •N U� 0 w T .•.— .'sc•..- .. .. 711 '.•i�� .i•; f � i _ >I,�P 111 11111111/1l1111'Jl` i T`'r -�1 ar�iriir�iil ,N..:; r 32. C7 t? Z a z Q a Z n a w 3 �l nl I w, •N U� 0 w T Agenda Item No. 81 November 28, 2006 Page 285 of 513 TERAFINA WETLAND MITIGATION /MONITORING /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 646.491- 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± acres of wetland preserves and upland preserves /buffers will be established. This includes 146.32± acres of wetland enhancement through hand removal of exotics, 104.24± acres of wetland enhancement through mechanical removal of exotics, 0.10± acre of wetland created from uplands, 31.271 acres of upland preserve, and 2.48± acres of wetland enhancement preserve (slough) buffer. The wetland mitigation plan includes the establishment of five interconnected preserves within the western portion of the development, a habitat buffer along the north property line, a large 2101 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 connected to the 210± acre preserve (slough) on the eastern third of the property. As part of the, 210± acre preserve (slough), 104.24± 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 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. The wetland mitigation activities will be done concurrently with the construction of the surface water management system for Jhe project. The mitigation areas will be placed under a conservation easement to the SFD. APPLICATION NUWM k ADD/REVISED SUBMITTAL AUG 2 4 2006 L�f V va.�.♦ � .vim v r Passarella and Associates, Inc. ,X #03GLH856 Revised 08123/06...., .., s lsJ� Ir? A � W ! I of 8 Agenda item No. 81 November 28, 2006 Page 236 of 513 MITIGATION PLAN The mitigation plan includes 146.32± acres of wetland enhancement through hand removal of exotics, 104.24± acres of wetland enhancement through the mechanical removal of exotics, 0.10± acre of wetland created from uplands, 31.27± acres of upland preserve, and 2.48± 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 Australia_ n pine with diameter at breast height greater than four inches and apply approved herbicide to cambium; (3) foiiar application of approved herbicide to melaleuca saplings, Brazilian pepper, Australian pine, and downy rose myrtle; and (4) foiiar 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). 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 1, 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. Table 1. Supplemental Planting List '{( f Cypress 1 S{ '' f Taxodiurn ascendens ♦S y c 4f i' 5 ft. Y �" r. VH 3 gal. Must 10 ft. oc. Dahoon Holly Ilex cassine 5 ft. 3 gal. 10 ft. oc. Pop Ash Fraxinus caroliniana 5 ft. 3 gal. 10 ft. oc. Red Maple Acer• rubrun: 5 ft. 3 gal. 10 ft, oc. Slash Pine Pinus ellionii 5 ft, 3 gal. 10 ft. oc. Wax-Myrtle M rica ceri era 3 ft. 1 gal. 10 ft. oc. Gallbe 111ex labs 3 ft. 1 gal. 10 ft. oc. Buttonbush Ce halanthus occidenealis 3 ft. 1 gal. 10 ft. oc. 1103G H8 and Associ(3teS4p�rATION NUMBER if03GLEI85b Revuej 06071,3- 9 -�. AUG 2 4 2006 r 3� N HINT Agenda Item No. 81 November 28, 2006 Page 287 of 513 Table 1. (Continued) f y. .r }�W t ; :y F, r iMl "e "iF tk ll'r +1J�S t t�CF' fa G lC1ExI +jai ' Tir ..�' _iL11 f 1 t VC fS f k AT Fi �IHS•d L�•�1 ♦! ! l Cord grass S artina bakeri 12 in. 2 in. 6 ft. oc. Wire grass 4rlstida stricta 12 in. 2 in. 6 ft. oc. Gulfdune Pas alum Paspalwn monostachyum 12 in. 2 in. 6 ft. oc. Sawgrass Cladium 'amaicense 12 in. 2 in. 6 ft. oc. Mechanical removal of exotics (104.24± 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 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 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 61 �L1 Malcolm 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, - ADD/REVISED SUBMITTAL Passarella and Associates, Inc. 3 o 8 a d 084/(& 0.713- 9 AUG 2 4 2006 Cypress Taxodium distichum 5 ft. 1 gal. 10 ft. O.C. Zone 1 Cord grass S artina baker! 12 in. 2 in. 3 ft.0. . Gulfdune Pas alum Paspalum monostach um 12 in 2 in. 3 ft. O.0 Maidencane Panicum hemitomon 12 in. 2 in. 3 ft. O.C. Pickerelweed Pontederia cordata 12 in. 2 in. 3 ft. O.C. Zone 2 Sa itara Sa ittaria lanci olia 12 in. 2 in. 3 ft. O.C. S ikerush Eleocharis interstincta 12 in. 2 in. 3 ft. O.C. Maidencane Panicum hemitomon 12 in. 2 in. 3 ft. O.C. Saw grass Cladium 'amaicense 12 in. 2 in. 3 ft. O.C. Zone 3 Soft -stem Sch- us validus 12 in. 2 in. 3 ft. O.C. Bulrush Scir us cubensis 12 in. 2 in. 3 ft. O.C. Zone 4 Fireflag Thalia geniculata 12 in, 2 in. 3 ft. Q.C. S atterduck Nyphar luteum 24 in. 1 gal. 15 ft. O.C. Waterlily Nym haea odorata 24 in. 1 gal. 15 ft. O.C. 61 �L1 Malcolm 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, - ADD/REVISED SUBMITTAL Passarella and Associates, Inc. 3 o 8 a d 084/(& 0.713- 9 AUG 2 4 2006 iaenda Item No. 81 November 28. 2006 ?age 288 of 513 Table 3. Upland Preserve Planting List p z Live Oak t efn_ljtse4Ik Quercus vir intana. S ft. 3 gal. 4 r . 10 ft. O.C. Slash Pine Pinus elliottfi 5 ft. 3 gal. 10 ft. O.C. Coco Plum Chr sobalanus icaco 3 ft. 1 gal. 10 ft. O.C. M rsine Ra anae Ruanensis 3 ft. i gal. loft. O.C. Wax-Myrtle M rica ceri era 3 ft. I gal. 10 ft. O.C. Muhly Grass Muhlenber la ca illaris 12 in. 4 in. 6 ft. O.C. Sand Cord rass S artina bakeri 12 in. 4 in. 6 ft. O.C. Saw Palmetto Serenoa re ens 12 in. 4 in. 6 ft. O.C. Wire rass Aristida stricta 12 in. 4 in. 6 ft. O.C. 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 boundary. 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 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 10 -foot centers immediately east of the tree row. MITIGATION SUCCESS CRITERIA 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 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 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 project. If needed, the annual reports will identify specific actions to be taken to improve the conditions within the project area. Sampling APPLICATION NUMBER ADD/REVISED SUBMITTAL ; 74 5 s ct a AUG 2 4 7006 4 of 8 Agenda item No. 81 November 28, 2006 Page 289 of 513 transacts 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 transacts established within the enhancement areas. The location of the monitoring transects are shown on sheet E -7 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 lm 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 Macroinverteb rate Monitoring Qualitative sampling of fish and aquatic macroinvertebrates 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. 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. Monitoring photographs will accompany vegetation data in each report. Passarella and Associates, Inc. -rWAI 5 of a #E03GLH856 Revised 08/23/06 jF� w•. Agenda Item Pilo. 31 November 28, 2006 Page 290 of 513 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. MONITORING 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 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. • Monitoring photographs taken at photo stations within the enhanced wetlands and upland buffers. • Staff gauge 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 construction work whatsoever, except those activities described in this mitigation plan. Passarella and Associates, Inc.' H03GLH856 Revised 08/23/06 t JA_ I k 6 of 8 Agenda Item No. 81 November 28, 2006 Page 291 of 513 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. luring 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. Passarella and Associates, Inc. 7 of 8 3 i#030LH856 Revised 08/23/06 ,, '�� Agenda Item No. 81 November 28, 2006 Page 292 of 613 REFERENCES Bonham, C.D. 1989, Measurements for Terrestrial Vegetation. John Wiley and Sons, New York, New York. Passarella and Associates, Inc. a of u NO3GLH856 Revised 08/23/06 'A � M Agenda Item No. 81 November 28, 2006 Page 293 of 5.13 TERA.FINA WETLAND MITIGATION ACTIVITY SCHEDULE SFWMD PERMIT PERMIT NO.11- 02055 -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. Passarella and Associates, Inc. EXHIBIT L i of i H03G 1t03GLH8 H856 Revised 08/23 /06 Baseline Monitoring Report September 22, 2004 May 31, 2007 Submit Signed Conservation Easement and Other Required Information June 30, 2007 Removal of Exotic Vegetation June 30, 2007 Grading of Mitigation Areas July 31, 2007 Plant Mitigation Area September 30, 2007 Time -Zero Wetland Monitoring Report December 31, 2007 Exotic Maintenance July 31, 2008 Exotic Maintenance November 30, 2008 First Annual Wetland Monitoring Report _ November 30, 2009 Second Annual Monitoring Report November 30, 2010 Third Annual Monitoring Report November 30, 2011 Fourth Annual Monitoring Report November 30, 2012 Fifth Annual Monitoring Report Passarella and Associates, Inc. EXHIBIT L i of i H03G 1t03GLH8 H856 Revised 08/23 /06 Agenda item No. 81 November 28, 2006 Page 294 of 513 South Florida Water Management District Work Schedule Requirements Application No 060713 -9 Page I of 1 Mitigation Plan ID: SATURNIA FALLS r�r z1'� ;d $ 1r� t �i`rSy�Tis� {LJ�pat�� '., e .'�1T�Y, o .n SUBMIT CORRECTED LEGAL DESCRIPTIONS AND SKETCHES FOR 284.41 ACRE 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 31 -DEC-2006 07- MAY -2007 31- MAY -2007 31- MAY -2007 31- MAY -2007 30 -JUN -2007 30 -JUN -2007 31 -JUL -2007 30 -SEP -2007 30 -NOV -2008 30 -NOV -2009 30 -NOV -2010 30 -NOV -20.11 30 -NOV -2012 Exhibit No: 3.5 8 Document prepared by: Agenda Item No. 81 November 28, 2006 Page 295 of 513 Return recorded document to: South Florida Water Management District 3301 Gwt Club Road, MSC West Palm Beach, FL 33406 DEED OI' CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this 5`t' 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 ( "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 defined), and the term "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, lie Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS,, the Grantor desires to construct Satwnia 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 Permit 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 under the District's 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 the 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 "13' is referred to herein as the "Conservation Easement Area "). Forth No. 1191 Standard Passive Recreational Rev, 03/2006 APPLICATION NUMBER Posted: 712006 EXHIBM 4,7 3 a 1 - K ADD /REVISED SUBMITTA OCT - 6 2006 LWC SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 296 of 513 OR. 3122 PG. 2841 JOINDER (joinder of Old* Cypress Master Property Owners Association to granting of Dreinape, Accass and Maintenance Easstnent from Robert Vocleano, as Co- Trustee under Land Trust Agrs*ment dated May 24,1225, Olds Cypress Development, Ltd., a Florida Iimhod partnership, and The Club at Old* Cypress, Ltd., s Florida limited partnership to IMCOLLIER Joint Venture, a Florida general partnership] The undersigned, Oide Cypress Master Property Owners Association, Inc., a Florida not for profit corporation, hereby joins in this Drainage, Access and Maintenance Easement for purposes of acknowledging and consenting to the granting of the easements provided for herein. Witnesses: Olds Cypress Master Nmperty fivjtners Association. Inc., a Florida not -fogio Print Name Print Name: l STATE OF FLORIDA COUNTY OF COLLIER The foreg'O".I nQsttrrurn CypressQ.1 Masttrx' Property Oren person Itirom to me or who r4,� 0) V lodged Wbqo)me y oft . 2002 by of Inc., a Corporation,. on fits U WI`, exalt as identification. Printed Name of Notary Public My Commission Expires: SL" - + -- •i "j 7(., HLDAORNW My c�ur�sioH r oo tmsJi EXPIPES AttY 1.2008 N:CCWUCIMCOWfiER OfgW�DW WVIDraWWP lnpnu EVM and M*tw*rKa EOWTO ldoc EXHIBIT 3.; " /'Y' Agenda Item No. 81 November 28, 2006 Page 297 of 513 OR: 3122 PG: 2848 Exhibit Page L Of � A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 .EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.89'56'49 "E. ALONG THE SOUTH LINE OF TliE SOUTHEAST QUARTER OF SAID SECTION 16, FOR A. DISTANCE OF 549.71 FEET, TO THE POINT OF BEGINNIN.0 OF THE PARCEL, OF LAND HEREIN DESCRIBED; THENCE RUN ' _ � R A DISTANCE OF 1,501.02 I FEET; THE FOR A DISTANCE OF 2,185.7 THENCE RUN 2'37 0E., FOR A OISTA E .81 FEET; 80�T,'1 NC RUN N.89'53'06 "E., FOR DI TAiAI 5 T A POINT ON THE EAST LI R R OF SAID SECTION 16; S 0 ., L N THE EAST UNE OF THE A A 0 S ID 0 O 16 FOR A DIST 2, T AST QUARTER CORN F SAID SECTIO 6; CON11NUE S.0000 ., ALONG TH OF THE SOUTHEAST QUAR SAID SECTION 1 A DISTANCE OF 2,663,03 THE SO CORNER OF SAID .y SECTION 16; („l4 6'49 "W., ALONG THE SOUTH LINE OF SAID R A DISTANCE OF 2.094.65 FEET, TO THE POINT OF BEGINNING;' CONTAINING 210.41 ACRES, MORE OR LESS. THIS PROPERTY 15 SUBJECT TO EASEMENTS. RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEING N.89'56'49 "E. hE&HIBIT 3.b Agenda Item No. 81 November 28, 2006 Page 298 of 513 Exhibit ._ .. OR; 3122 PG; 2849 err r B IT Page -2x- Of 1 1► "L 1 L L• A -r {F'� f1 T Y:. �I N.1/4 CUR. SEC. 16 -49 -26 NORTHEAST COR. S 89.53'06" W 2646.05' so'-1 SEC. 16 -49 -26 L5 f o o � cO o 14 ! a w� :w .a- m N ( R } N CM co Z . / T� � 1 11 \ / ►it LI TTh� 1 • O V 9 EAS 114 CUR., M $EC 16 -49 -E6 (A Q tp T { W x M N 210 /L41 Nc- ► t w D POB w POC 2094.65' Lt S. 1/4 CDR, SOUTH UNE OF THE SOUTHEAST WASFR SOUTHEAST CUR. 9AS1S OF 9EAIWO SEC. 16-46 -26 SEC, 16 -49 -26 N 89056'49" E 2644.36' PRESS Est DE CYPRESS err r B IT Agenda Item No. 81 November 28, 2006 Page 299 of 513 OR: 3122 PG: 2854 Exhibit Page -L Of �L TRACTS A, S AND I OF OLDE CYPRESS, UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 32, PAGES. 1 -11 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. r 4' EXHIBIT 3 4 ' %, Agenda Item No. 81 November 28, 2006 Page 300 of 513 OR; 3122 PG; 2851 Exhibit .,._ Page -A- Of A'L ALL OF SECTION 15, TDVNSHIP 48 SOUTH. PANGE 26 EAST, CC; LIEF COUNTY, FL GRIDA; AND ALL THAT PART OF SECTION 22, TOWN,;H1P 48 SOUTH, RANGE Z6 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FCLLG»'S, THE NORTHEAST 114 OF THE N4ATHVEST 114, AND THE CAST 1: 2 OF THE V£.q''H6E:7 1/4 OF THE NORTHWEST 114, THE WEST 1/2 OF THC SOUTHEAST l.'4 OF THE NORTHtr'EST 116. THE EAST 112 OF THE NORTHWEST 1/4 OF ThE SOUTHEAST 1/4, THE EAST I /i? OF THE SOUTHEAST i/4 OF T;Z NOR THVESr 1i 4, THE NORTHWEST 114 OF THE !j[1i (�� THE WEST 2: ? CF THE NOP, THEAS T 114 OF THE NQRf��I[q rp-ic EAST 1/2 OF THE N S T 1.1,1 4 OF- T;-;E Are, HEA T 114, THE WEST 1. /P Or THE S0' H 1/4 t NCR T AS :,'4, THE EAS T 1/2 OF TH SO i E T ST 114, THE EAST 1/2 17F TH T A F r E S T W �A I 14, THE EAS T 1 /2 CF THE �� T 1,,,a CF THE so CA T 1 THE SOv THWES T 1. d THE WEST HALF Of TH HALF OF FHE � UARTER OF THE SOUTHWEST OUARTER, THE EAST HALF OF THE EASO.AL� ��( �. ST QUARTER OF THE SJU7;4k'!'S7 QUARTER, THE NOR T H 112 OF THE WEST T 1/2 OF THE NOP. THWES T 114 OF T . Y&' SOU THEAS T 1/4, THE SOUTHWEST J/4 OF THE NORTt4WE,: T 1,14 EF THE SOUTHEAST ': 4. THE WEST 112 Or SOUTHWEST i14 OF THE SOL'TUCAST 114, THE WEST 314 OF THE EAST 112 OF THE SOUTHWEST 114 OF Tint "h[4ET AND ALI. THAT PAR)' OF SECTION 10, TOWNSHIP 4B SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORI DA1 LESS AND EXCEPT THE FOLLOWING FOUR c4.) PARCELS 1) THE' SOUTH I/2 OF THE NORTHEAST 114 Or THE NORTHWEST 1/4 R) THE SOUTH 1.12 OF THE SOUTHEAST 114 Or THE SOUTHEAST 1/4 3) THE NORTHEAST 114 CF THE SOUTHEAST 114 17F THE SOUTHEAST )14 4) THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 1M EXHIBIT 5,6 Agenda Item No. 81 November 28, 2006 Page 301 of 513 *** OR: 3122 PG: 2852 * ** Exhibit Page .91- Of Alm_ THE WEST HALF OF' THE NQP. THt rS T OVAP. TES? OF THE OLAp. rER OF SECTl31V cc, TOWNSHIP 48 SOUTH, RANGE' Z6 EAST, COLLIER COUNTY, FLORIDA; ANLI THE 4,E5T HALF OF THE NORTHEAST COART£R or THE S0(,,r rl,,EST G'UA ,,-C uF SECTION Z6, T;;-.',°vSHjp 4R SOUTH, RAGE 26 EAST. CQLLit:R i;OUNTY., FLORIDA, AND T)qE 1,'E5T HALF OF THE S'QUTN.i�EST i:U�+'kT£4 or Th,'E 1vgp wEST O ARTER QF SE'GTiON L'E, TOWNSHIP 48 SOUTH, RANGE Z6 EAR T, COLLiCR CGUNT r, FLGRIVA; .4ND THE EAST HALF" OF THE' £AST HA1. F ,,-r T QUAR T EP. OF THE NOP rHlv'ES T ouAP. T L'R COLLIEP COUNT'r, FL47R1,0A; A.',7 THE WEST YAL F OF T hE EAST H12 nc- SEC r1.N 22; TOWNSHIP �g. S01 r+, Yra GE ST HALF CF THE SOUTN„•CST 48 S5U7H, RANGE E6 CAS T, RTE{? pfi THE ;, L,,AR rCp r R COLIN T Y, FLORIDA; AND EAST HALF OF THE EAST HALF G? OF SECTI ©!J 2c0. TOWNSHIP T r y1JG H, p F THE NQR "H I, EST ONE 4& S HALF OF THE EAST HALF OF TH OF THE NQRTFl1vEST ONE .U�1RT£ UT R Lis �'A L �pl�' S TION 2, TOE T, C N E AS F trip 8 Y, FLQPfCA, j E0 Th£ s SST THE SQL'Tut✓£ST QNE OLJA ?TL,� COUNTY, FL GF?I DA. H, RArr6E 26 CA; T. COLL.IER AND T� c� THE NORTH 1/2 OF THE EAST, COLLIER COUNTY, NORTH 1/2 OF SECTION 11. TOWNSHIP 48 SOUTH, RANGE 86 FLORMIDA. EXi I GES& I T " " /Y' - _- - - -_ -..- __ -- - Agenda Item No. 81 November 28, 2006 Page 302 of 513 FMIIBT► B 950 Erwe Way • Napi9a, Ftaka 34110 • PI*m 239154.2000 , Fax: 239.254,2026 HM PROJECT #1995.087 9116!08 REF. DWG. #B- 5934 -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 SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89'57'00'E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80,00 FEET; THENCE RUN N00'0919'W, FOR A DISTANCE OF 911.72 FEET; THENCE RUN.N74'03`12 'E, FOR A DISTANCE OF 275.63 FEET TO THE PO.,, tNj OF B GIE NNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N19'49'5511N, FOR A DISTANCE OF 171,50 FEET; THENCE RUN N1 2'23'43'E, FOR A DISTANCE OF 173:72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE.TO THE LEFT, HAVING A RADIUS OF 50.00 FEET, THROUGH A CENTRAL ANGLE OF 22.45'13', SUBTENDED BY A CHORD OF 19.73 FEET AT A BEARING OF N01'01'07'E, FOR A DISTANCE OF 19.86 FEET TO THE END OF SAID CURVE; THENCE RUN N10'21'29"W, FOR A DISTANCE OF 102A0 FEET; THENCE RUN N89151'59'E, FOR A DISTANCE OF 69.33 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 64'26'40', SUBTENDED BY A CHORD OF 67.19 FEET AT A BEARING OF N47'39'09'E, FOR A DISTANCE OF 73.68 FEET TO THE END OF SAID CURVE; THENCE RUN N05'21YIIWE, FOR A DISTANCE OF 360.22 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 90.00 FEET, THROUGH A CENTRAL ANGLE OF 88'24'06', 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 POINT OF REVERSE CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 122,04 FEET, THROUGH A CENTRAL ANGLE OF 59.19'24', SUBTENDED BY A CHORD OF 120.79 FEET AT A BEARING OF N51-1 6-05-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 RADIUS OF 168.00 FEET, THROUGH A CENTRAL ANGLE OF 67'11'34', SUBTENDED BY A CHORD OF 174,86 FEET AT A BEARING OF Ni 1.57'24'E, FOR A DISTANCE OF 185,29 FEET TO THE END OF SAID CURVE; THENCE.RUN N45.33'11 "E, FOR A DISTANCE OF 6.13 FEET; THENCE RUN N59.34A0'E, FOR A DISTANCE OF 8.01 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 150,00 FEET, THROUGH A CENTRAL ANGLE OF 57.41'28', SUBTENDED BY A CHORD OF 144.74 FEET AT A BEARING OF N88925'25'E, FOR DISTANCE OF 151.04 FEET TO THE END OF SAID CURVE; THENCE RUN S62.43'61'E, FOR A DISTANCE OF 4.28 FEET; THENCE RUN 868.35'61 "E, FOR A DISTANCE OF 12.88 FEET; THENCE RUN S64'42'04'E, FOR A DISTANCE OF 106.52 FEET; THENCE RUN 685.14'49'E, FOR A DISTANCE OF 141.41 FEET; THENCE RUN N84•02'06'E, FOR ADISTANCE OF 236.30 FEET; THENCE RUN 1386.00AWE, FOR A DISTANCE OF 1 81,27 ev »ru »2anwwawooc N#** • Fat Mym , VW* EXHIBIT 'S.6 �v�y/ Agenda Item No. 81 November 28, 2006 Page 303 of 513 EUIBrr B HM PROJECT 111995.087 9/15108 REF. DWG: RB- 5934.1 FEET; THENCE RUN S63'49'60'E, FOR A DISTANCE OF 144.39 FEET; THENCE RUN S54'S8'04'E, FOR A DISTANCE-OF 82,31 FEET;.THENCE RUN S42022'45'E, FOR A DISTANCE OF f25.18 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 81.23'58', SUBTENDED BY ACHORD OF 130.42 FEET AT A BEARING OF S83'0444'E, FOR .A DISTANCE OF 142.07 FEET TO THE END OF SAID CURVE; THENCE RUN N56'13'17'E, FORA DISTANCE OF 278.93 FEET; THENCE RUN S61.53'65'E, FOR A DISTANCE OF 181.03 FEET; THENCE RUN 821'51'05'W, FOR A DISTANCE OF 219.19 FEET; THENCE RUN $73156 *161W, FOR A DISTANCE OF 97.95, FEET; THENCE RUN N68'08155'W, FOR A DISTANCE OF 47.94 FEET; THENCE RUN $21'51'06'W, FOR A DISTANCE OF 286.15 FEET; THENCE RUN S28'00'0$'W, FOR A DISTANCE OF 422.71 FEET; -THENCE RUN S33 °33'23'W, FOR A DISTANCE OF 88.26 FEET; THENCE RUN 860'24'06'W, FOR A DISTANCE OF 405.24 FEET; THENCE RUN N83'19'09'W, FOR A DISTANCE OF 319.20 FEET; THENCE RUN N79130'60`W, FOR A DISTANCE OF 259.69 FEET; THENCE RUN N76'08'1 6'W, FOR A DISTANCE OF 115.56 FEET TO THE POINT OF BEQINMNg; 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 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89.57'00'E. HOLE MONTE$, INC. �. CERT3 AUTHORIZATION LB R 1772 BY p,.S.M. 85828 THOMAS M. MUR HY STATE OF FLORIDA lN"jM"MAwrr wLpw EXHIBIT " L'y"' Agenda Item No. 81 November 28, 2006 Page 304 of 513 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 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 "W 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. Pu os . 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 areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the Conservation Easement 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 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 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 Permit, 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 of trash, waste, or unsightly or offensive materials; C. Removal or destruction of trees, slimbs, 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 N o. 1191 2 Standard Passive Recreational Rev. 03/2006 APPLICATION NUMBER Posted: 7 / 2 0 0 6 � . 0 6 07 1 3 w 9 y EXHIE31T b L /q, ADDIREVISED SUBMITTAL OCT - 6 2006 LWC SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 305 of 513 C. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; is Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; areas; g. Acts or uses detrimental to such aforementioned retention of land or water 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 Recreational 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. The construction 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; iii. 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 and improvements; and iv. 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. Form No, 1191 Standard Passive Recreation Rev. 03/2006 APPLICATION. NUMBER Posted: o e o.713 ° 9 ADDIREVISED SUBMITTAL OCT --6 2006 LWC SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 306 of 513 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 of the 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 date 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 terms, provisions and restrictions of tlus Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise 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. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights. and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10, Severability. 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 this Conservation Easement is preserved. 11, Terms Conditions Restrictions Purpose. Reference to the terms, 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 notices, consents, approvals or other communications 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 successor -in- interest. Form No. 1191 Standard Passive Recreational Rev. 03/2006 Posted: 712006 EXHIBIT AI�KOATION NUM9214 _. 1060713-4.-g Y/W ADDIREVISED SUBMITTAL r OCT - 6 2006 LWC SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 307 of 513 13.. Modifications. This Conservation Easement may be amended, altered, released or revolted only by written agreement between the parties hereto or their heirs, assigns or successors -in -Mi terest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, 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 that 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 terns of this Conservation Easement; and all mortgages and liens on the Conservation Easement Area, if any, have been subordinated to this 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 5 Standard Passive Recreational Rev. 03/2006 Posted: 7/2006 EXHIBIT Agenda Item No. 81 November 28, 2006 Page 308 of 513 IN WITNESS WHEREOF, Grantor has hereunto set its authorized hand this 5 day of October, 2006. G.L. Homes of Naples Associates II, Ltd., a Florida limited partnership By: G.L. Homes of Naples R Corporation, a Florida corporation, its general partner By; �—. Print Name `� 11. d K 14-11;1_1tk Title: _ Vice President Signed, sealed and delivered in our presence as witnesses: By: Pri t ame: 10l (c" #a J'W1r6W 6,j Print Name: HA+QIXa'.c} lt��SB STATE OF FLORIDA ) ss: COUNTY OF BROWARD On this 5t day of October, 2006 before me, the undersigned notary public, personally appeared Ricoym rA N%(WAL1C, _, the person who subscribed to the foregoing instiament, 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 &he executed the same on behalf of said corporation and partnership and that(Dshe was duly authorized to do so. &She is personally know to me or has produced a ` (state) driver's license as identification. IN Wl -pSS Wj�j hereunto set my hand and official seal. ?� �•�cA`M ?�ti "u:�'fy�y NOTARY PUBLIC, STATE OF FLORIDA z: = lie MDD * ` :V-Aka- i ame: d A_a�. My Commission Exp Form No. 1191 6 Standard Passive Recreational Rev. 03/2006 Posted; 7/2006 EXHIBIT 3,c q`1 Agenda Item No. 81 November 28, 2006 Page 309 of 513 EXHIBIT "A" Legal Description of the Propertx All of Section 16, Township 48 South, Range 26 East, excepting the west 80' thereof. Form No. 1191 7 Standard Passive Recreational Rev, 0312006 Posted: 7/2006 EXHIBIT Agenda Item No. 81 November 28, 2006 Page 310 of 513 EXHIBIT "B" Leval Description of the Conservation Easement Area (see following thirt -two (32) pages] Form No. 1191 Standard Passive Recreational Rev. 0312006 8 EXHIBIT ,L er d"', Agenda Item No. 81 November 28, 2006 Page 311 of 513 3066561 014% 3122 PG; 2843 UCCIDID in 0111cla "coal of co nak calm, It 10/0112002 it 10 :10AN 0#ICIlT 1. 110cil, ell" Wng"M p"WW by Uc 111 ICU and dbrr.00nihpraum b; DOC -170 .70 M611'isw L.13Mrklsici, Esq, Collis 10.00 Cf ackk f3lsttsr A Pow". LLP 5531 Rkipswgc 1 DrWe. Suite 101 RISC 1.00 lets; NapNs, Pbricle 34108 eAlltlCt MUNI is u ?ICI; aR T 18 D AGE, ACCESS AND MAINTENANCE EASEMENT ('Easement') Is granted this 2�y1995 2002, by Robert Vocisano, as- Co•Tr stag Under Land Trust Agreement dated May ypre Devebpment, Ltd., a Florida limited partner", The Club at Otde Cypmea, Ltd., a Florida Ilmtted partnership (heralnaRar Individua#y relarmd to as a'GranW and collec$vWy rafared to as the 'Grantors"), to IMtCOLLtER Joint Ventura, a Florida Qenerel p+ 'ship, ft isucoessora and assigns ('Grantee`). WHEREAS, Grantor Vociaano, as TERAFINA, a portion of which Is d "TWAftna Property): and, nti�l WHEREAS, Grantors the Omens of certain p bpartl aNached hereto and inconwa WHEREAS, GrantS4 Is tlesatbad to Exhibit *C'. attaog Is the owner of certain property known as Ta" hereto and Incorporated herein (the •tt>�'ZuW\jN chla At Dias Cypress, Ltd., are a pd_n ,( which Is der« *ed In Exhibit V as MIRASOL. and more particutarly Lp�mkwftt Estate); and WHEREAS, Gran Grantee are of that chin Amended and Restated F10w6Way AW"m led January . 8"', b J.D. Niaewwtder, Robert Vocbano N Co- Trustee u Trutt y 24, IM, and Oide Cyprean Development, Ltd., a Flcarida thwShip (the " Neamen Y Wit) ( Flove-fty Agreement anterded and restaffed with the Sametary of Ststa's office on May 3.2001); and CIS WHEREAS, the Flow-Way Agreement 000043lates that a Fkwo -Way tar that tam is de0ned in the the Flow-Way Agrasment) shell be constructed ovate tends awned by the parties w4jor "some 0f ft gauss to the Flw*Wsy Agreement, for the mAw bend// Of tine parties thaato and their respec in suovssaors in Me. The construction, operatdon and matnterWrIN of the Fkr*Way is Nao-conWnplated and/or required by the following South Florida Water Management District Environmental Reeouaau Permite, as they may be amended or nwdMW from time to time: ERR 0111.02Qt " (applicable to the Taafkta ProParty), 11 -01232.3 (applicable to 01" Cypress Property), and 11 -Q203" (aWftbt* to tt>e Dominant Estate); and WHfEPZAS, CDrentee deWkes go construct a now way for the drakw p of aurface wafer to the Cocohatahee Lanai, as Contemplated the FIOW Way Agreanent, and therefore desires to obtain 01% Easement from Grantors br the purposes provkied herein. WITNESSETH NOW, THEREFORE, in 0onakderatWn of $10.00 and other good and valuabie+ consideration, the recalpt and suffk�etacy of which Is hereby ackowN dged by Grantor. Grantor hereby covenants and conveys the "bwkV to Grantee: EXHIBIT 3 6 9 """ Agenda Item No. 81 November 28, 2006 Page 312 of 513 OR: 3122 PG; 2894 1. FlecbIl. Gnantwe a(itnawiedge that IM foregoing rectlWa am true end accurate and era Incorporated hentin by rahwence. Z. Arent of t aaemenl, Grontors hecsby grant to Grants% its successors and 651OW3, a Dreinsge, Access. and Maintgnrrrke Essernent ("Easement'} over their respective p"Wwti" des�xibed in the attached Exhibits A & 8 for the purposes provided heroin. 3, f'_l MM . of Egoomentt. The Easement Is for the express purpo" of PfOvkft drainage and scoria fo cxrnetrtictioh, 'operation, repair, maintenance and/or, repWwnant of ttrs Fky*Way (to be constnrcted pursuant to the rerun of the FlovwWay Agreemat (as amw4W), as turther contemplated by South Florida Water Manaprn6nt D►awd Permit #11.02055 -P and Perrnll 01 t- 01232.3 and Pwmk #11- 02031•P, in perpetuity. {: �� ant to Run ya an_d,Denetll Ora tae'e rand. This EaearnenL when combined and utlfsed In •.00niurwAlon with Ihs other aasements to be granted to Grantee for tho constnrctbn, msintenanc^ repair araor replacement of this Flow Way, shalt be appurtenant to, benettt, and run with the title to the Dominant Estate. man Eaaament for the ptxpaates stated harain any communRy deveiofxnent district o responsible for OR or any portion d t3ran , d the Flow -Wey. It is Qw- heVa parpstual two and anjo t responsiblKy for oonstnwtmg. Way (for the benerd of the ins t 1 ire title, as provided. herein. s. adjacent to this Easement Course C Grantors "I not unroawn wittthdd tins aocampibth sar", O IN WITNESS WHEREOF. On n sxem ted by their reprosentatives, there un r BUM. The non - exclusive rights to use Us tfrantsa or grantees successor In titre, to quasFpovernmental. or Private entity tsnance, repair andtor replacement !vA t, that the Dominant Estate Isa tion o sntlty d wpd with the a so or any potion of the Flow - -tt,e fa Grantee, and Its sucosasors In i to access lands Immediately or maintabnkv sag Easement, v construction Easements to t-s katrument or caused the same to be the day and year fiat above wrdten. OLDS CYPRESS DEVELOPMENT. LTD., a Florida Ikttited wuwlhip. By: Otde T t Its By' Paul Hardy President i pernskksr of page interdionaliy leR blank] EXHIBIT 3 6 1'' /"/ Agenda Item No. 81 November 28, 2006 Page 313 of 513 OR; 3122 PG: 2845 THE CLUB AT OLDS CYPRESS, LTD., a Florida Ihnitad partnership, By. Tha Mb at Owe, CyMM, Inc., a Ftorida a its G-in ai P4w%% z---2 ,.r] STATE OF FLORIDA COUNTY OF COLLIER The RofraKt Pw1 N V ntw" adutVM0dWI befaro me tiffs �y o( `� 2002 by of The Club at Hardy as ftskisnt of The Club at Oide Cypress, km, a Plaids co►pwa • Ganerst Pa nw or who Cypnm, Ltd., a Fkx* Limited pwbnm*, on Its bs w, ** 4 krgtirn b ma h u pmduosd-- — A) at ident fcntbn. — __ aMwss�srts � •- ttitt>went�t Notsly fvin*d of Notwy Pubic 3 EXHIBIT �.6 ' %, Agenda Item No. 81 November 28, 2006 Page 314 of 513 0R: 3122 PG: 2846 My Cornmkasbn ExpN+es: STATE OF _ F Lvip r >A COUNTY OF t'.:� 1Fli- yh , 202 �y lbe tom7*Q Instrument was ackwMedged before MOM 1 rr- day Of ROW YocMno. as Ca mat" under Lend mast Agreement dated May 24, 1896. ti is pwmiw ly known to^rne or wtxa has produced ��i' as Ident &Uon. - — "rAe%Pualc l { _r, k- G Printed NWW of NWery k MyComml W Expares: 5 5 _ I . nunr�a>aaa�r MY OMM S510tt I DO 1013" EXp1pE wl" ii. m •.+tn.r»wi u+wn�r. r�R COU�r l� TTT yt7� -may 1��� r.AHIBIT Agenda Item No. $ r2% 0 Muel� je 3 15 9 s]S . h g . .% � ® | � � �� • 4 § � q f 3 n § /. 5 � � o � � � � §§ @■ § � � � � � k ■■m�§ Q �S Na S 1M §�2 CL S | ;3 C; _ a --- � - -�_ -� �•� - -� � � �`.� - -� -- � �IKi� - / U � � $ � &k $ �$ § Q £ d §» § LO _'� � U - 22 & . wWOW -hVC__ *_p _mwm_.�...: ■2an= N11N4 —41 al - ON& 'fl 6Mf NMM 4.1 S .LI im Agenda Item No. 81 November 28, 2006 Paae 316 of 513 N O i 0 cn O Q. ca U N uj d O d z a a. O U U d O N Z U Y K V) K y L QQ O N �t 5. q as I� X�A 950Encore Way 'NW4s,F10434110•PN m: 939.254.2000- Fas:279.254,2075 HM PROJECT # 1995,087 9/15(OB HER DWG. #8.5935.1 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 SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89 057100 1E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR DISTANCE OF 80.00 FEET; THENCE RUN N00'091 9'W, FOR A DISTANCE OF 1,804.74 FEET; THENCE RUN N89180'41'E, FOR A DISTANCE OF 11,909.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;.THENCE RUN N21 "51'05'E, FOR A DISTANCE OF 150.55 FEET TO A POINT ON ACIRC.ULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N27°20'S1'E, A DISTANCE OF 565.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 565.00 FEET, THROUGH A CENTRAL ANGLE OF 15 °51'19', SUBTENDED BY A CHORD OF 165.85 FEET AT A BEARING OF $70.34'48 'E, FOR A DISTANCE OF 158.35 FEET TO THE END OF SAID CURVE; THENCE RUN 800 °58'10'W, FOR A DISTANCE OF 150.04 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS Ni 1.1924'E, A DISTANCE OP-71 5.Q0 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 °01'06', SUBTENDED BY A CHORD OF 186.69 FEET AT A BEARING OF -r N71'19'03"W, FOR A DISTANCE OF 187.42 FEET TO THE POINT Off' 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 48 SOUTH; RANGE,26 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89'57'00E. HOLE MONTES, INC. CERTIF19ATE OF AUTHORIZATION LB N 1772 BY P.S.M. #6628 THOMAS M. MURPH STATE OF FLORIDA ll.%tp )"xl&nww.)3LV0c N 10*1 • Fon Aryan • Woo Agenda Item No. 81 November 28, 2006 Page 317 of 513 UIIIB1T B EXHIBIT 3,6 "/(1 hti °a M ^ � O a H 9 J111DOM KC ""low ujocn - t= 11 &C NP>N Vi Agenda item No. 81 Invamher 28, 2006 r' ge318of513 0 � a rn z 0 ti u y W W a a 4 z a. a U U d Q F- U t5 Y k (n jc OZ Cho %. o �! g= T d H W 0 z J iz U R} °aa i a Way • 020s, FW14 N li0 • P**:239.260.7000 • Fog: 239.251.2075 HM PROJECT #1995.087 9116/06 REF. DWG. #B- 5936 -1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST,.COLUER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89.5T00'E, ALONG THE SOUTH LINE OF SAID SECTION 18, FOR A DISTANCE OF 80.00 FEET; THENCE RUN NDO'09'19'W, FOR A DISTANCE OF 1,739.12 FEET; THENCE RUN N89 °50'41 "E, FOR A DISTANCE OF 2,116.77 FEET TO THE POINT OF gr=gmING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N09.68'1 6'E, FOR A DISTANCE OF 150.04 FEET TO A POINT ON'A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT SEARS NOW26'59'E, A DISTANCE OF 565.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 665.00 FEET, THROUGH A CENTRAL ANGLE OF 19404'65', SUBTENDED BY A CHORD OF 187.30 FEET AT A BLARING OF N88054'32'E, FORA DISTANCE OF 188.17 FEET TO THE END OF SAID CURVE; THENCE RUN S1 8'10'12'E, FOR A DISTANCE OF 99.70 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 275.00 FEET, THROUGH A CENTRAL ANGLE OF 10'51'81% SUBTENDED BY A CHORD OF 52.07 FEET AT A BEARING OF $23 "36'08'E, FOR A DISTANCE OF 52.14 TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT 13EARS N12'37'Oi'W, A DISTANCE OF 715.00 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVETO THE RIGHT, HAVING A RADIUS OF 71 5.00 FEET, THROUGH A CENTRAL ANGLE OF 21.23'09', SUBTENDED BY A CHORD OF.265,33 FEET AT A BEARING OF S8B °04'34'W, FOR DISTANCE OF 288.88 TO THE POINT OF BECaINMNG; CONTAINING 0.78 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.89'57'00'E. HOLE MONIES, INC. CERTIFICATE OF AUTHORIZATION LB 4 1772 BY z 121 �• !s el P.S.M. M6620 THOMAS M. MURPHY STATE OF FLORIDA xunsuntanW?743 0W NOO" • Fat Myna • V°nW Agenda Item No. 81 November 28, 2006 Page 319 of 513 P, IlBIT R cXillal w -s. 6 1 �/ 1hiln 9 'i '118IHX N U 0 °m W AhU*1 A follow -bat — IMC 41 (aS YKN W; 9 a g1H%3 Agenda Item No. 81 November 28, 2006 Paae 320 of 513 0 tn 0 J d U J 4 n. Q U U O h x U � X r� M �z PV WCE 'S ­is 51JE T. aXCL S �i Z �z LAJ 4 a. IM lN.uo wau�n \eeeeae� \ua� \ea figenda_Item No. 81 November 28, 2006 Page 321 of 513 950 ErMt MY W& &1101 Phone: 239.254.2000- Fes: 239,254.2075 HM PROJECT #1995.087 9115106 REF. DWG. #B- 5937 -1 PROPERTY DESCRIPTION: A.PARCEL OF LAND LOCATED IN A PORTION OF SECTION 18, 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 28.EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89 °57'00 "E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N00109'19'W, FOR A DISTANCE OF 1,918.73 FEET; THENCE RUN N8906.0141'E, FOR A DISTANCE OF 2,425.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N20.4744W, A DISTANCE OF 565.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 585.00 FEET, THROUGH A CENTRAL ANGLE OF 33 005'19`, SUBTENDED BY A CHORD OF 321.77 FEET AT A BEARING OF N52'39'37 "E, FOR ADISTANCE OF 328.29 FEET TO THE END OF SAID CURVE; THENCE RUN S35107153'E, FOR A DISTANCE OF 37.75 FEET; THENCE RUN 878'04'481E, FOR A DISTANCE OF 352.09 FEET; THENCE RUN 818.00'31'W, FOR A DISTANCE OF 170.33 FEET; THENCE RUN 823'12'29M1. FOR DISTANCE OF 168.00 FEET; THENCE RUN NGS•4121'W, FOR A DISTANCE OF 408.88 FEET; THENCE RUN S24'1 8'39'W, FOR A DISTANCE OF 124.80 FEET TO A POINT ON A CIRCULAR CURVE. CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N38'35'1 3'E, A DISTANCE OF 175.00 FEET THEREFROM; THENCE RUN NORTHWEVERLY 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 N34'47'30'W,, FOR A DISTANCE OF 101.54 FEET TO THE END OF SAID CURVE; THENCE RUN N18.1912'W, FOR A DISTANCE OF 95.41 FEET TO THE POINT QF BE91NNING, CONTAINING IN 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 157100 "E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB N 1772 BY jaHr1U l . f P.S.M. #5628 THOMAS M. MURP Y STATE OF FLORIDA ,4uM3%mwmwrwswDM N*ts•FatMym •Vaebe -L! EXHIBIT la /yr //,/.p -L °/ Agenda Item No. 81 November 28, 2006 � P 3 ,11131HX3 M '£vo x o V. .1c"OQ Al �i{ (?J in M 6 V7 N O Z Z�F Z o o t s x z a q- 04 a 22 W ca =x D f �5 0 o Li LO Zoe � 4 a ^� in g M O. ti a I M M M O min- 2 O � o In'. ES m WW3� . wx mw.rcu z O ronty, D z Ln to 2 O N co z F Z £L gw M .61,60.00 N f° fL-fyHl WiLLaW A 20 1811 Pi-" -11 OU 40 N O�/ CL U v 1. }W 0 Q t7il x � $ a (.5 m g J � 6 P, Ch o n g a a Q ligi g l4 wA"l A P111-W -WY N -'100L I M{ NNW Wl S- P'NP -A-SW {!0 �+y���iW01•C10f { {l \11{5 \M 22 of 513 950Ewple Way -Haplea:Flwid 3Ht0-Fh";239354 W• Few;Z9.254.2079 HM PROJECT #1995.087 9/16/06 REF. DWG. #B•593B -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 SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89- 57'00 'E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N00.09'19V, FOR A DISTANCE OF 2,830.38 FEET; THENCE RUN N89.5V41'E,.FOR A DISTANCE OF 2,245:83 FEET TO THE POINT OF BONING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN No 1'39'24'E, FORA DISTANCE OF 18,27 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 280.00 FEET, THROUGH A CENTRAL ANGLE OF 22 °22'00', SUBTENDED 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 43.67'57', SUBTENDED BY A CHORD OF 202.14 FEET AT A BEARING OF N81'16'22'E, FOR A DISTANCE OF 207.18 FEET TO THE END OF SAID CURVE; THENCE RUN 318'2742W, FOR A DISTANCE OF 40.81 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 485.00 FEET, THROUGH A CENTRAL ANGLE OF 36'2129', SUBTENDED BY A CHORD OF 318.66 FEET AT A BEARING OF S00'47'02'E, 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 13Y A CHORD OF 524.45 FEET AT A BEARING OF S15.13'45'W, FOR A DISTANCE OF 558.94 FEET TO THE END OF SAID CURVE; THENCE RUN N1840'.12'W, FOR A DISTANCE OF 43.16 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 129.60 FEET, THROUGH A CENTRAL ANGLE OF 21 °32'14', SUBTENDED BY A CHORD OF 48.50 FEET AT A BEARING OF N07024'06'W, FOR A DISTANCE OF 48.79 FEET TO THE END OF SAID CURVE; THENCE RUN NO3'22'01 'E, FOR A DISTANCE OF 144,23. FEET; THENCE RUN N19'S6'28'E, FOR A DISTANCE OF 70.11 FEET; THENCE RUN ND3422'01'E, FOR A DISTANCE OF 60.98 FEET TO THE BEGINNING OF .A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE. RUN NORTHERLY 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 N09.1935'W, FOR A DISTANCE OF 98.51 FEET TO THE END OF SAID CURVE; THENCE RUN N21'4VI I'W, FOR A DISTANCE OF 101.86 FEET; THENCE RUN 688116'49'W, FOR A DISTANCE OF 10.00 FEET; THENCE RUN N21.43'11'W, FOR A DISTANCE OF 110.72 FEET; THENCE RUN N65.08'07'W, FOR A DISTANCE OF 203.30 FEET TO THE POINT OP BEGINNING,. CONTAINING 3.38 ACRES, MORE OR LESS. nainninmenxnr. %LWC Nadu -N OMm-Vorks Agenda Item No. 81 November 28, 2006 Page 323 of 513 QIIIBTT S EXHIBIT 3-6 ""yl HM PROJECT #1995.087 9115108 REF. DWG, NB•5936.1 THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 164 TOWNSHIP 4B SOUTH, RANGE 28 EAST, coLLIER.000NTY, FLORIDA AS BEING N.89.57'00'E, HOLS MONTES, INC. CERTIFICATb.OF AUTHORIZATION LS # 1772 BY � P,S.M. #5928 THOMAS M. MURPHY STATE OF FLORIDA xnrnmrrwmxr.lMDW Agenda Item No. 81 November 28, 2006 Page 324 of 513 EXHIBIT B r.iCHIBIT' 36 s' "yf f X34 Q 1X911r S L)g w En ..g N I� N g N - I='lt dig Plan upi Agenda Item No. 81 r 28, 2006 ,,P $4e 325 of 513 z 0 t= CL C,7 N J Q [•3 Q d 0 0 0 Q 0 N 0 « ') O �b k d qRf �CC A V O a !Z 8 �3 t9 S et m yyy zz TsL 00 Agenda Item No. 81 November 28, 2006 Page 326 of 513 9L1iIBIT 250 U W6 YW • 14P* 1. FO W Jit IU • MW 239.25!.2000 • Fax: 231264 IBIS HM PROJECT #1995.087 9/15106 REF. DWG. #B•5939 -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 SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N894671001E, ALONG THE SOUTH LINE OF SAID SECTION 18, FOR A DISTANCE OF 80.00 FEET; THENCE RUN N00'09'1 9'W, FOR A DISTANCE OF 4,513.65 FEET; THENCE RUN N89'W41'E, FOR A DISTANCE OF 1,310.09 FEET TO THE PONT E BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN 8781331161E, FOR A DISTANCE OF 154.07 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHWESTERLY; THENCE RUN NORTHEASTERLY 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 N56.41'47'E, FOR A DISTANCE OF 195.29 FEET TO THE ENO OF SAID CURVE; THENCE RUN Ni 1'66'48'E, FOR A DISTANCE OF 255.36 FEET; THENCE RUN N00'D6'55'W, FOR A DISTANCE OF 430.98 FEET; THENCE RUN N69'63'U5'E, FOR A DISTANCE OF 150.00 FEET; THENCE RUN S00.06'55'E, FOR A DISTANCE OF 452.01 FEET; THENCE RUN 818.4344'E, FOR A DISTANCE OF 342.98 FEET; THENCE RUN 623'30'35'E, FOR A DISTANCE OF 42.04 FEET; THENCE RUN 603'28'32'E; FOR A DISTANCE OF 77.15 FEET; THENCE RUN SW58108'W, FOR A DISTANCE OF 429.38 FEET; THENCE RUN S03'45'30'W, FOR A DISTANCE OF 152.19 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; 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', SUBTENDED BY A CHORD OF 195.36 FEET AT A BEARING OF 842'35'27'E, FOR A DISTANCE OF 218.42 FEET TO THE END OF SAID CURVE; THENCE RUN'S88'58'24'E, FOR A DISTANCE OF 241.29 FEET; THENCE RUN S50'28'54'E, FOR A DISTANCE OF 74.31 FEET; THENCE RUN 502'47'57'W, FOR A DISTANCE OF 252.97 FEET; THENCE RUN S30.42'30'E, FOR A DISTANCE OF 424.18 FEET; THENCE RUN S59'1T24`W, FOR A DISTANCE OF 154.99 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 22.22'00', SUBTENDED BY A CHORD OF 77.68 FEET AT A BEARING OF S70'28'24'W, FOR A DISTANCE OF 78.07 FEET TO THE END OF SAID CURVE; THENCE RUN.881'39'24'W, FOR A DISTANCE OF 74,51 FEET; THENCE RUN N30.42'30'W, FOR A DISTANCE OF 451.70 FEET; THENCE RUN Sol -29-03-W, FOR A DISTANCE OF 589.01 FEET; THENCE RUN N83'02'17'W, FOR A DISTANCE OF 120.84 FEET; THENCE RUN N0711 1'141E, FOR A DISTANCE OF 394.17 FEET; THENCE RUN A N08-25-28-E, FOR DISTANCE OF 119.31 FEET; THENCE RUN ND0.31'18'E, FOR A DISTANCE OF 180.10 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1,655.20 FEET, THROUGH A CENTRAL ANGLE OF 12'08'29', SUBTENDED BY A CHORD OF 350.09 FEET AT A BEARING OF N05'32'58'W, FOR A DISTANCE OF 350.75 FEET TO THE END OF SAID CURVE; THENCE RUN N11'37'11'W, H.il pm"sunwPP.faL000 Naplaa , Fort Myara • VKko EXHIBIT- V 50 - Agenda Item No. 81 November 28, 2006 Page 327 of 513 manuT B HM PROJECT #1995.087 9115/08 REF. DWG. 1#6.5939 -1 FOR A• DISTANCE-OF 378.71 FEET TO THE POINT QF BEGINNING; CONTAINING 24.22 ACRES, M09E OR LESS,. THIS PROPERTY 13 SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE SOUTH LINE OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA AS BEING N,89 °5T00 "E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB # 1772 BY: A & P.S.M. #5828 THOMAS M. MURPHY 9 7 STATE OF FLORIDA. 1tMM7U M70MNN�TSl.60C r,XHIBIT r+1tow wMOa coos It; Ns rr•n '"s 11 liffilcm Agenda Item No. 81 November 28, 2006 PAQe 328 of 513 ci I� a z 0 a L) 0 w r z o`t.. 0 v U a O U X >k y �T Q k SS n Sr- >COOp� 1 oW � ^�E N z..�C L a 477 Lj m zz as CL ( rr'lst- A•tx•eiu wwn,luttAtoocut�u�i\ a� Agenda item No. 81 November 28, 2006 Page 329 of 513 EUIDIT a 0110 TES UH06CAPE ulplRTM 950 ticawe Stay • Napkt, FMtlda 3i 110 • Phone:.239.251,200D •Fax; 439.25(.2015 HM PROJECT #1995.087 9115106 HER DWG. OB•5940.1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 18, 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 N69.57'00'E, ALONG THE SOUTH LINE OF SAID SECTION 16, FOR A DISTANCE OF 2;845,04 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 16; THENCE RUN N89.561371E, ALONG THE SOUTH LINE OF SAID SECTION 16; FOR A DISTANCE OF 549.60 FEET; THENCE RUN NO3.36'03 "E, FOR A DISTANCE OF 14.84 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N86'3443.4Y, FOR A DISTANCE OF 29,93 FEET; THENCE RUN NO3.36'08 "E, FOR A DISTANCE OF 372.32 FEET; THENCE RUN S86'23'57 "E, FOR A DISTANCE OF 29,67 FEET; THENCE RUN S03.36'03V. FOR A DISTANCE OF 370,08 FEET TO THE POINT OF E� GINNING; 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 28 EAST, COLLIER COUNTY, FLORIDA AS BEING N.89.57'00 "E. HOLE MONTES, INC. CERTIFICATE OF AUTHORIZATION LB 0 1772 BY � A�wh 'A e P.S.M, 45628 THOMAS M. MURPHY / T STATE OF FLORIDA )au »sa"XIM nULDW Nt* • Fart um • Yoram /A /, 9-S 118l Hxq :fie Wllew —Ze v - w: 'Gf 6% MNK awl a jifli a Agenda Item No. 81 November 28, 2006 X330 of 513 N co u, a Z 0 J i^ Z d V d 0 x v Y M V) R o N O # . C4 r' .asbc� M m L�7 3WD �tl 3 N 6 I 1 CL W I� co IZ r in - o B R in \ p Z � Y Z ZJ.:.1J � I•, �W g O Gc -ar-i� x io un tcx r V N :fie Wllew —Ze v - w: 'Gf 6% MNK awl a jifli a Agenda Item No. 81 November 28, 2006 X330 of 513 N co u, a Z 0 J i^ Z d V d 0 x v Y M V) R o N O # . C4 r' L�7 J rz 6 CL 950 Encore Wry • Naples. FWW.y1110 • Pt4 ft. 2n.2b/.2000 • Fix: 239.2ti1,2076 HM PROJECT N1995.087 9/15/06. REF. DWG. #B-5941-1 PROPERTY DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN 889053'05'W, ALONG THE NORTH LINE OF SAID SECTION 18 FOR A DISTANCE OF 1,148.91 FEET; THENCE RUN S14 °42131`W, FOR A DISTANCE OF 61.72 FEET TO THE POINT OE BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE 814.4031'W, FOR A DISTANCE OF 555.22 FEET; THENCE RUN N75'10'28'W, FOR A DISTANCE OF 29.91 FEET; THENCE RUN N14'42'04'E, FOR A DISTANCE OF 547.22 FEET; THENCE RUN N88 °53'05'E. FOR A DISTANCE OF 31.02 FEET TO THE POINT OF BEGINNING; CONTAINING 0.38 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT T0, EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF SECTION 18, TOWNSHIP 48 SOUTH; RANGE 20 EAST,.COLLIER COUNTY, FLORIDA AS BEING 8.89'B3'05'W. HOLE MONTE$, IND. CERT 1772 BY 'e1' �/ P.S.M. 115828 •M htUFtl HY STATE OF FLORIDA 111111711 pfotAw/yfSl, pp� ltaplai • Pal Mpg -Yorke Agenda Item No. 81 November 28, 2006 Page 331 of 513 E1111BIT B EXHIBIT 3'o/ '3 "/ Big p ln in C�a'IJ �F N31Wli0 !SV]I1il1pF1 JO 3H/115V7 I I I� ��rNin }}h W 0 in i z 15 12 °� .. 2 �fy m _ { 3 e BFa .ez sus Ij4 d M 1t 1 I l f Ot g N � Z 1 5 o g 50 as - 000= %I Ws reen :w! 9 aiullo i WE Aoencia Item No 81 co 0 Qi b H Q. U W ..J d d d O U U d a $� I I op , gsig p q v9 Z do .g a 28, 2006 32 of 513 X950 Encore Way - N0001. FlOW 31110 • nOM: 239254,2M-fix; 139.254207S HM PROJECT 81995.087 9/15/06 REF. DWG. RB•5942.1 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 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S00 107'34 1E, ALONG THE EAST LINE OF SAID SECTION 16, FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BE gWNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE SW'07'34'E, FOR A DISTANCE OF 20.00 FEET; THENCE RUN.S89 °53'05'W, FOR A DISTANCE. OF 1,193.17 FEET; THENCE RUN N1 4.42'04'E, FOR A DISTANCE OF 20.69 FEET; THENCE RUN N89 °63'05'E, FOR A DISTANCE OF 1,187,88 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 28 EAST, COLLIER COUNTY, FLORIDA AS BEING S.00 °07'34'E. HOLE MONTES, INC.. CERTIFI ATE OF AUTHORIZATION LB.# 1772 BY .A P.S.M. #6628 THOMAS M. MURPHY STATE OF FLORIDA tC1IN5UNf0enWP� lef4 DOC NW" • Fat Myan - Vwke Agenda Item No. 81 November 28, 2006 Page 333 of 513 E1311DIT B EXHIBIT V g � V o U o a � o SOMMOMME—JILY i J1 U 15N' a � 1 I �z� 1 DM,V3B 30 Stsve 9L -.i -Bl MLL035 M.uVy 10 15Y3H1wH J0 3M1 isu I coo h W � a � 10 1x N o� l a� I c R Agenda Item No. 81 November 28, 2006 Page 334 of 513 C! L a a) z 0 1-- a oe U W J C9 d Z d CL 0 U U 0 ti Z U r to W 3113 -1 w � z Z �z Li �m W o i5 � z z as 88 IL o_ n A -p,v Aga L�•` :C �Uo 0 o Y �a 1R' X Pillow Weivw - MR •vi ao "M >"I P.o�eoi -d�.P ro» .....,lwd�ceoce�i \ran\ x I=AHIBIT . 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Homes of Naples Associates 11, Ltd., a Florida. limited partnership Legal Name and Business Addicss of Principal 1600 Sawgrass Corporate Parkway, Suite 300, Sunrise, Florida 33323 Type of Organization: State of Ineorporation:Florida ❑ Individual ❑ Joint Venture Partnership ❑ Corporation Agenda Item No. 81 November 28, 2006 Page 337 of 513 ADD/REVISED SUBMI AL I OCT - 6 2606 LWC SERVICE CENTER License and Registration: The Surety is licensed and registered in the State of Florida. Surety(ies): Name(s) and Business Addresses) APPLICATION NUMBER 060,713 Scope of coverage: Mitigation, maintenance and monitoring pursuatit..to.the requirements of permit number 11- 02055 -P issued by the South Florida Water Management District ( "District ") including the plans approved by said permit. Total penal sum 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 determining the I� 06/02 Form 1105 Agenda Item No. 81 November 28, 2006 Page 338 of 513 .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 amount of the penal. sum. NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall successfillly complete mifrgation, maintenance and monitoring to the satisfaction of the District which this Performance Bond ('Bond ") guarantees, as required by District permit number 11- 02055 -P and the plans approved by such permit, as such permit and plans may be amended, pursuant to all applicable laws, statutes, rules, And regulations, as such 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 sliall be null and void, otherwise it is to remain in full force and effect. The Surety(ies) shall become liable on this Bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Director of the Natural Resource Management Department of the District that the Principal has been found in violation of the requirements of permit number 11- 02055 -P by failing to perform the mitigation, maintenance and monitoring activities for which this Bond guarantees performance, the Surety(ies) shall, within 60 days of receiving such notice, either perform such construction and implementation in accordance 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 sum 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 alternate financial assurance and obtain written approval of such assurance from the District during the 90 days following receipt by both the Principal and 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 trust fund as directed by the District. APPLICATION NUMBER EXH1�1T pg0�13 9 2 1.2 ADD /REVISED SUBMITTAL E OCT - 62006 ! LWC SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 339 of 513 OG /U2 Form 1105 The Surety(ies) hereby waive(s) notification of amendments to the mitigation plans, permits, 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 no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum. 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 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 certify that they are authorized to execute this Bond on behalf of the Principal and Surety(ies). PRINCIPAL CORPORATE SURETY(lES) For cacti co- surety provide the following; i y signature Alan J. Fant, Vice President Type Nanrc and Title APPUCATIQN NUMBER U6Q713 °9 Corporate Seal Name and Address ADDIREVISED SUBMITTAL State orincogWation OLr l W 2006 Liability Limit $ LWC SERVICE CENTER signature Type: Name and'I'ilie Corporate Seal EXHIBIT ' " ;i3 EXHIBIT E Urban Stormwater Management Program [See Attached b Pages) Agenda Item No. 81 November 28, 2006 Page 340 of 513 EXHIBIT 4.0 URBAN STORMWATER MANAGEMENT PROGRAM FOR SATURNIA FALLS 1.0 Introduction Agenda Item No. 81 November 28, 2006 Page 341 of 513 This document provides details of the Urban Stormwater Management Program for Saturnia Falls located in Naples, Florida Collier County (Section 16, Township 46S, Range 26E). This Plan discusses non - structural 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 has been optimized, to the maximum extent possible, to reflect the unique character of Saturnia Fails and the surrounding hydrologic features, Pollution prevention guidelines are provided for the areas of (1) nutrient and pesticide 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 Management 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 to 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 Requirements 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 chemical lawn products must register with the Homeowners Association 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. HA1995t19950871WP1PermiHUrban 5tormwater Management Program QI.DOC Agenda Item No. 81 November 28, 2006 Page 342 of 513 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 stormwater lakes or ponds. 2.2 Nutrient Management Program 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 (P205) 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 (P205) per guaranteed .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 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3 Pest Management 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. 1 hi: L t E R, 9 "fir° .. 2 HA1 9 9511 9950B71WP1PermihUrban Stormwater Management Program_QI DOC Agenda Item No. 81 November 28, 2006 Page 343 of 513 The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA -MRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA- approved D. The half -life of products used shall not exceed seventy (70) days 3.0 Street Sweeping This practice involves 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 waterbodies 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 Saturnia Falls Is to improve the quality of stormwater runoff generated from impervious traffic areas, Street sweeping activities can be particularly effective during 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 S.aturnia 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 Solid 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 water 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. 3 HA199W995087\wP1Perm1t\Urban Stormwater Management Program v21.DOC Agenda Item No. 81 November 28, 2006 Page 344 of 513 5.0 Stormwater Management 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. Physically .evaluate 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. 4.4 4 HAI995119950871WP1Perm11XUrban Stormwater Management Program v21.DOC Agenda Item No. 81 November 28, 2006 Page 345 of 513 5.3 Swales and Grassed Water Storage Areas 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 could 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 fhe 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 Dutfall Structure {also called the Discharged Control Structure or Welrl 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 regularly 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 stabilization. Worn down berms - especially if used by ail- terrain vehicles or equestrian traffic — and rainfall — created washouts should be immediately repaired, compacted and re- vegetated, 'l' h R t'_ is y� `•'f n 5 H:\1995119950871WP1PerminUrban Stormwater Management Program_v21.DOC Agenda Item No. 81 November 28, 2006 Page 346 of 513 6.0 Water Quality Testin To ensure proper operation of the overall treatment system, monitoring will be performed at one outfall (SW -1) from Saturnia 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- (August/September). 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 made a part of hereof. 4•6 6 HA1995\199508AWP1Permit\Urban Stormwater Management Program v21.04C CONTROL STRUCTURE AGREEMENT Agenda Item No.. 81 is I Ir,l OCT 2 6 2006 LWC SERVICE CENTER THIS CONTROL STRUCTURE AGREEMENT {lhe "Agreement ") is made and enteretlin�o "%fits -- --- — '" 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 "District"), 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 ". 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 11 is the owner of that certain land situated In Collier County, Florida more particularly described 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 "Community"); 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, Restrictions and Easements for Saturnia Falls (as the some 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 it 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 11, the (a) District shall have the right, duly and obligation 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 with 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 11, 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 provided In this Agreement and the Declaration. w XHIBi APPLICATION NUMBER 0A 11 71 o- ti Agenda Item No. 81 November 28, 2006 Page 348 of 513 Naples 11 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. Operation of the Control Structures. After the Control Structures have been constructed by Naples 11, 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 Monies for the community; (b) applicable statutes, rules and regulations; and (c) its own standard business practices. In that regard, Naples 11 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 andlor 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 all 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 District/Big Cypress Basin 3301 Gun Club Road West Palm Beach, Florida 33406 Attn: Division of Procurement and Contract Administration With a copy to: G.L. Homes of Naples Associates II, Ltd. HIBIT�,d� if to Naples II: G.L. Homes of Naples Associates 11, Ltd. 1600 Sawgrass Corporate Parkway, Suite 300 cc Sunrise, Florida 33323 LU II Attn: Division President +m C.-i CIO With a copy to: G.L. Homes of Naples Associates 11, Ltd. 1600 Sawgrass Corporate Parkway, Suite 300 I� © Sunrise, Florida 33323 e� Attn: General Counsel Uo If to the Association: Saturnia Falis Homeowners Association, Inc. --� 1600 Sawgrass Corporate Parkway, Suite 300 I[1�, Sunrise, Florida 33323 Attn: President With a copy to: G.L. Homes of Naples Associates II, Ltd. HIBIT�,d� z C.-i CIO U I� © C/) 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, Florida 33323 Attn: General Counsel 8. Miscellaneous. Agenda Item No. 81 November 28, 2006 Page 349 of 513 (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 limitation, 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 against any one 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 termination Is sought. No waiver of any 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] A ' DD R S APPLICATION NUMBER O� CI 060x13 "9 �- �Ni"CA�R - ,,WC SERVICE �..� ---- 3 EXHIBIT,.'az- Agenda Item No. 81 November 28, 2006 Page 350 of 513 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first set forth above. Witnesses: Print: Print: Print: � Print: MAPLES II: G.L. HOMES OF NAPLES ASSOCIATES II, LTD., a Florida limited partnership By: G.L. HOMES OF NAPLES Il CORPORATION, a Florida corporation, Its general partner By: Name: Its: Date: ASSOCIATION: SATURNIA FALLS HOMEOWNERS ASSOCIATION, INC., a not - for - profit )I Florida corporation By: "_� 1)6ti' O` Name: Its: ek2 ;;je.�t Date: t Ol L 1 0 SFWMD: SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: Name: Its: Executive Director Executed on: Form Approved By: 4 SFWMD Legal Counsel Date EXHIBIT 03 Agenda Item No. 81 November 28, 2006 Page 351 of 513 EXHIBIT "A" The Le al Description of the Property All of Section 16, Township 48 South, Range 26 East, excepting the west 80' thereof. Agenda Item No. 81 November 28, 2006 Page 352 of 513 EXHIBIT "B" The Leval Description of location of one (11 Control Structure Tract L -4 of Saturnia Falls - Plat One, according to the Plat thereof, to be recorded in the Public Records of Collier County, Florida. EXHIBIT >' L5 M Agenda Item No. 81 November 28, 2006 Page 353 of 513 EXHIBIT "C" The Legal Description of location of one {1) Control Structure Tract OS -3 of Saturnia Falls - Plat One, -according to the Plat thereof, to be recorded in the Public Records of Collier County, Florida. 7 EXHIMIL -5-'QL Agenda Item No. 81 November 28, 2006 Page 354 of 513 STAFF REPORT DISTRIBUTION LIST SATURNIA FALLS (F,K,A TERAFINA P.U.D) Application No: 060713 -9 Permit No: 11- 02055 -P INTERNAL DISTRIBUTION 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 Hill 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 GOVERNING BOARD MEMBERS Mr. Harkley R. Thornton Mr. Kevin McCarty Mr. Lennart Lindahl Mr. Malcolm S. Wade, Jr. Mr. Michael Collins Mr. Nicolas Gutierrez, Jr. Ms. Alice J Carlson Ms. Irela Bague. Ms. Miya Burt- Stewart EXTERNAL DISTRIBUTION X Permittee - G, L. Homes Of Naples Associates 11, Ltd. X Agent - Hole Montes Inc, X Attorney - Quarles And Brady Up 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 X Collier County - Agricultural Agent X Collier 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 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 Wildlife Federation - Laura Hartt X Robert Claussen - I.M, Collier, J.V. X Ronald Waldrop, P.E. X S.W,F,R.P.C. Agend I 5� Novel Page`�55 of 51 Qy i �,, dJ "+ SOUTH FLORIDA STATER MANAGEMENT $DISTRICT 3301 Gan Club Road, West Palm Beach Florida 33406 - (561) 686 -8BW - FL WATS 1 -809- 432 -2095 P TDD (561) 697 -2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4689 - www.sfwrrid.gov March 3, 2004 �?t=CEIVED GLH Development, LLLP MAR 0 5 2004 1401 University Drive — Ste 200 HOLE Gvra1 Gables, lrl, 33071 MONTES INC. Subject: ApplieationNo. 030709 -15, Ternfina PUD Collier County, S16/T48S/R26E Enclosed is a copy of the South Florida Water Management District's staff report covering the permit application referenced therein, It is requested that you read this staff report thoroughly and understand its contents. The recommendations 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. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights ") 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 materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. CERTIFICATE OF SERVICE I PEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee this 3r day of March, 2004 in accordance with Section 120.60 (3), Florida Statutes: Sincerely, 4.' Damon Meiers, P.E., Deputy Director Environmental Resource Regulation Department DM /gh CERTIFIED 47002 3150 0003 3738 9344 RETURN RECEIPT REQUESTED GOVERNING BOAPE) PUDEX- 2006 -AR -9610 REV: 2 Project: 2002050014 Date: 8/7/06 DUE: 8/21/06 ExEctinvk OrricE Nicolas J. Guti&rez, jr., Esq., {hair Mchael Collins Kevin McCarty Henry Dean, Execiifine Pireclur P-mPk Rrnnk%- Thomas. Vier -emir HuRk M. TnClish Hirkley R. Thornton Section 120.569(1), Fla. Stat. (1999), requires that "each nob judicial review that is available under this section, G. 120.57 followed to obtain the hearing or judicial review, and shall stat Rights Is not Intended to provide legal advice. Not all the I appropriate remedy. You may wish to consult an attorney rega Petition for Administrative Proceedings 1. A person whose substantial interests are affected by the South Florida Water Management District's ( SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an Informal hearing, as set forth below. A point of entry Into administrative proceedings is governed by Rules 28- 106.111 and 40E- 1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: 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 file a petition for hearing pursuant to Sections 120.569 and 120,57(1), Fla. Stat. 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 or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the 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 Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. 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 or posting or publication of notice that the SFWMD has or Intends to take final agency action. Petitions must substantially comply with the requirements of 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 petition for a hearing no later than 14 days after the date such order is served. Petitions must substantially comply with the requirements of either subsection a, or b. above. Agenda Item No. 81 November 28, 2006 Page 356 of 513 3 shall Inform the recipient of any administrative hearing or or s. 120.66; shall Indicate the procedure which must be the time limits which apply." Please note that this Notice of gal proceedings detailed below may be an applicable or ling your legal rights. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, "Fla. Stat., and Rule 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 action regarding consolidated applications for Environmental Resource Permtts 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. Emergency Authorization and Order: A person whose substantial Interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition 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 with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file 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. g. Permit Suspension, Revocation. Annulment, and Withdrawal', If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD 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 ardency action, the filing of a petition means that the SFW MD's final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August, 200 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 Ruies 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 administraiive hearing.. However, the scope of the administrative hearing shall be limited to the substantial deviation. 3. Pursuant to Rule 40E- 1.511(4), Fla..Admin, 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 of the Governing Board. 4. Pursuant to Rule 26- 106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has -consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. 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 circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD's final agency action. 6, Pursuant to Section 403.412, Fla.. Stat., any citizen of Florida may bring an action for injuntive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter'373, F= a. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected, If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining Early may then file a civil suit for Injunctive relief in the 15 Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. 7. Pursuant to Section 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. 81 November 28, 2006 Page 357 of 513 DISTRICT COURT OF APPEAL 8, Pursuant to Section 120.68, FJa. 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. LAND AND WATER ADJUDICATORY COMMISSION 9. A party to a "proceeding below" may seek review by the Land and Water Adjudicatory Commission (FLAWAC) 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 Rules 42 -2.013 and 42- 2.0132, Fla. Admin. Code, a request for review of (a) an order or rule 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 filed with FLAWAC within 30 days of rendition of the, DEP's order, and (c) 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 rendition of the SF.WMD'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 DEP final order, and all parties to the proceeding below. A copy of Rule 42- 2.013, Fla. Admin. Code is attached to this Notice of Rights. PRIVATE PROPERTY RiGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested .right to a specific -use of the real property, 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 set 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 the use of the real property, may file a request for 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. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Revised 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 following Information: (1) the name, address, and telephone number of the person • requesting mediation and that person's representative, If any; (2) a statement of the preliminary agency action; (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 limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, 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 final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final 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 settlement of the dispute, the SFWMD shall notify all parties In writing 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. VARIANCES AND WAIVERS 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 the time for filing a petition for an administrative hearing or exercising any other right that a person 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: Petition for (Variance from) or (Waiver of) Rule (Citation) (b) The name, address, telephone number and any facsimile number of the petitioner; Agenda Item No. 81 November 28, 2006 Page 358 of 513 (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 violation 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 (f) 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 ►ndicating the duration of the requested variance 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 facts that make the situation an 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 iorth in Section 120.542, Fla. Stat. WAIVER OF RIGHTS 14. Failure to 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 filed 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 petitioner's substantial interests will be affected by the agency determination; (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. It there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (f) 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 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 petitioner's substantial Interests will be affected by the agency determination; (c) A statement of when and how the petitioner received notice of the agency decision; (d) A concise statement of the ultimate #acts alleged, as well as the rules and statutes which entitle the petitioner to relief; and (e) A demand'for relief. 28- 107.004 SUSPENSION, REVOCATION, 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 parry 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, administrative 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 this subsection shall be a requirement for a determination 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 to be reviewed shall be attached. The request for review shall state with particularity: (a) How the order or rule conflicts with the requirements, provislons and purposes of Chapter 373, F.S., or rules duly adopted thereunder; Agenda Item No. 81 November 28, 2006 Page 359 of 51'3 (b) How the rule or order sought to be reviewed afifects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, If the Individual or entity requesting the review has not participated In a proceeding previously Instituted pursuant to Chapter 120,. F.S., on the order for which review is sought; . (d) it 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 policy, statutory Interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(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 district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule. 28- 107.005 EMERGENCY ACTION (1) If the agency finds that Immediate serious danger to the public health, safety, or welfare requires emergency action, the agency shall summarily suspend, limit, or restrict a license. (2) 1 the 14 -day notice requirement of Section 120.569(2)(b), F. S., does not apply and shall not be construed to prevent a hearing 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) cf 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 necessary to protect public health, safety or welfare; the health of animals, fish or aquatic life; the works of the District; a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. (2) The Executive Director may employ the resources of the District to take whatever remedial action necessary to alleviate the emergency condition without the issuance 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 Last Date For Agency Action: 11 -MAR -2004 INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name, Terafina Pud Permit No.: 11- 02055 -P Agenda Item No. 81 November 28, 2006 Page 360 of 513 Application No.: 030709 -15 Associated File: 030820 -4 W U 030820 -5 , W U Application Type: Environmental Resource (Construction /Operation Modification) Location: Collier County, S16/T48S /R26E Permittee : Glh Development Ullp Operating Entity : Terafina Homeowners Association, Inc. Project Area: 646.5 acres to �nj�g Sib' Project Lane! Use: Residential CoyI Board APB �I Drainage Basin: WEST COLLIER Receiving Body: Cocohatchee Canal via the Mirasol flowway Special Drainage District: NA Total Acres Wetiand Onsite: 533.10 Total Acres Wetland Preserved Onsite: 253.04 Total Acres Impacted Onsite : 280.06 Total Acres Presv1Mft Compensation Onsite: 284.41 Mitigatlon Previously Permitted: Yes Conservation Easement To District, Yes Sovereign Submerged Lands: No Class: CLASS I{I 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 Flowway. App. no. : 030709 -15 Page 1 of 17 Agenda Item No. 81 November 28, 2006 Page 361 of 513 PROJECT EVALUATION: i' lYf : �, �. J�o ^� n "kIS >�7 �,CT .iS`�i�. ° 1u• �iY �. T rb � �� '. [•� a i�` i i t1 ti r �.rl�� �4i1� S ti{ i k," !t ..�n � _ i,F . �;,x -. v- i,�,.�� +6d ..f � 1����1 � r • it t.. n. .H. . � i r The project Is located a mile north of Immokales Road, approximately miles east of 1 -75. A location -map Is attached as Exhibit 1. Since the site is relatively flat, typically much of the site contains standing water during, and for several months following the end of the rainy season. -The majority 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 to the Cocohatchee Canal. A description of the wetlands and uplands within the total project area has been described within 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 original permit's drawings. The change is minor, approximately 5% difference. A minor reconfiguration of the preserve areas is proposed in this application due to the slight revision on the site plan in order to reflect the proposed removal of the golf 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 provided as exhibits show some differences compared to -the exhibits provided with Application'No. 970923 -12. The revised FLUCCS map for the site is attached as Exhibit G.I. A revised wetland identification map is attached as Exhibit 3.2. WNi U 4? ES Q ' ',Jw "` l ifd' ts.it.. �,,, � s ti�i'i� ,tiF�rv. ,t i t�. `yet ,�rl; An individual Environmental Resource Permit was issued by the 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 three 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 Iles within the western 80 ft. of the property. The permit was Issued in August 2003. The propdsed project consists of single family lots, a recreational area, and a surface water management system, as well as minor revisions to 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 ac. of a conveyance channel which begins on the adjacent Mirasol project (Permit No. 11- 02031 -P) and continues south through the Olde Cypress development (Permit No. 11- 01232 -S) discharging into the Cocohatchee Canal, This channel received construction authorization, with limitations, at the February 2002 Governing Board. The surface water management system for the development consists of 11 interconnected lakes which provide water quality storage for the proposed improvements. A single control structure discharges to the wetlands and flowway on the east side of the site. The Mirasol flowway consists of a two basin flowway system, with a 4 It. deep ribbon lake and two areas at 7 -8 ft, 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 crest 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 of the conveyance channel and flowway was based on recommendations in the South Lee County Watershed Plan and the Cocohatchee Canal Phase 4 improvements Report as well as the results App.no.: 030709-15 Page 2 of 17 Agenda Item No. 81 November 28, 2006 Page 362 of 513 of discussions with District staff. The analysis, provided by the consultants for the Mirasol development, showed that during the Initial part of the rainy season, the wetland systems within •the flowway carried the flow between the Corkscrew Swamp and the Cocohatchee Canal with the peak stages contained within the limits of the wetland area. However, In the current condition, as the wet season progressed, the wetland vegetation 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 Cocohatchee 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 flowway 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 Mirasol assumed responsibility for the construction of the improvements as well as the maintenance of the entire channel and control structure on the Olde Cypress property, that Terafina could discharge .to the flowway but intended to discharge directly to the Cocohatchee Canal through double 29" x 45" RCPs, and that if Terafina uses the flowway for an outfail, then It must contribute to the costs of operation and maintenance. The applicant Indicated that discussions with Mirasol regarding the cost contributions are on- going, Special condition No. 19 indicates that no construction can occur until the District receives a copy of any agreement modification regarding the maintenance and operation cost sharing, to addition, Special condition No, 18 indicates that no construction can occur on the site until the Mirasol flowway and associated control structure on the flowway are completed, Logan Blvd., on the western property line of the project and Olde Cypress to the south, provides access to the project, The southern part is currently paved approximately 114 mile north of Immokalee (toad. Construction approval with Olde Cypress extended the road to that project's northern property line. Construction plans previously submitted as a modification to the permit for Terafina, during the review of Parklands Collier (Permit No. 11- 02231 -P ), Included the portion of the roadway within the project limits. 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 quality treatment for the run -off. r�4. 'ou,4ti, P,,;. er .�i,. �..w <' �'�- t:� x' �! ��}!, •".�i '01 r ') �{ -i Yu7 -+t t .d- vit`le:i %ta•:.i`.e;li P5 { ( Y' ' + rLe [ Z Yhn1r< ��}ta �.�r s Irk:: �?�., 1,a�a C..•, s: -• d 1 Jy,f,� ,i?i h[.,., n.S 6 y:: n .<. This phase of construction does not include the improvements within the 7.21 ac. recreational site. Construction: Project: App.no, : 030709 -15 . Page 3 of 17 Previously Permitted This Phase Total Project Building Coverage 42.78 73.74 73.74 acres Golf Course 125.36 acres Pavement 74.64 45.46 49.88 acres Pervious 56,71 155.12 150.90 acres Preserved 291.20 285.23 285.23 acres Water Mgnt Acreage 55.80 66.94 86,94 acres App.no, : 030709 -15 . Page 3 of 17 Total: Previously Permitted 646.49 This Phase 646.49 Total Project 646.49 Agenda Item No. 81 November 28, 2006 Page 363 of 513 <n.} ,.j'.. ;y< .,�.: w• .fcti. jj�y',�r14ti f,'•`•:'`" ii.' r �de':stiRr. ;rye: ?:: •,�. ��7':.'2,':�r113L�� `�o.,�!�rE+��.;, i, o���ji%'�•; +: "r�:';t�, {� •1?:• , >D �' 3��::4t�: ".}3'v -v. r• PSS�. S�.R� {I{ii:.i�i;;:.< q ���L' §' t'.. •. i; �' . •:1�,�'i. Discharge Rate: The site discharge from the Terafina PUD Is based on the flowway design as explained in the Proposed Project section of this staff report. Discharge Storm Frequency: 25 YEAR -3 DAY Design Rainfall : 11.1 Inches Basin Allow Disch Method Of Peak Disch Peak Stage (cfs) Determination (cfs) (ft, NGVD) Site 291 Other 291 15.7 Finished Floors: As shown in the following table and the attached exhibits, minimum finished floor elevations have been set _. at or above the calculated design storm flood elevation. Building Storm Frequency: 100 YEAR -3 DAY 'Design Rainfall: 13.3 Inches Basin Peak Stage Proposed Min. Finished Floors FEMA Elevation (ft, NGVD) (ft, NGVD) (ft, NGVD) Site 16.6 16.6 N/A Road Design : As shown In the following table and the attached exhibits, minimum road center fines have been set at or above the calculated design storm flood elevation. Road Storm Frequency: 25 YEAR -3 DAY Design Rainfall: 11,1 inches Basin Peak Stage Proposed Min. Road Crown ( ft, NGVD) ( ft, NGVD) Site 15.7 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 Design Rainfall 11.1 inches Basin Peak Stage Proposed Min.Parking Elev. ( ft, NGVD) (ft, NGVD) Site 15,7 15.7 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 Item No. 81 November 28, 2006 Page 364 of 513 to 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 wettand vegetation impeddi the conveyance -of -flow -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 Mirasoi. project included an approximately 200 -250 ft, wide, shallow meandering channel which improves the conveyance through the wetland slough and lowers the peak stage experienced during the wet season. The channel begins on Mirasol property, across the southeast corner of Wildewood Lakes and then south through the Olde Cypress development finaily discharging into the Cocohatchee Canal. In addition, to the flows from Mirasol, 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 Into the canal during the dry season and the early part of the rainy season thus prolonging 'Water levels in the slough. The analysis provided with the Mirasol permit Identified the proposed peak stages In the slough during the 100 yr. storm event (see Mirasoi Permit exhibit 14). The peak stage was determined.by balancing the conveyance capabilities of the Cocohatchee Canal, the relief required for the Imperial River, ' and the environmental needs of the slough. By Improving the conveyance, the fiowway and the channel compensate for the historic storage which currently occurs on the site. Control Elevation : Basin Area Ctrl Elev WSWT Ctrl Elev Method Of (Acres) . (ft, NGVD) (ft, NGVD) Determination Site 421.39 13.4113.4 13.40 Wetiand Indicator Elevation Receiving Body: Basin Str.# Receiving Body Site Outfall Cocohatchee Canal via the Mirasol Flowway Discharge Structures: Note: The units for all the elevation values of structures are ( ft, NGVD) Weirs: Basin Str# Count Type Width Height Length Dia. Elev. Site Outfall 1 Rectangular Notch 80' 13.8 (crest) Water Quality Structures: Note: The units for all the elevation values of structures are ( ft, NGVD) Bleeders: Basin Str# Count Type Width height Length Dia. Invert Invert lrlev. Angle Site Outfall 1 Rectangular Notch 5' 4' 13.4 �j�:f _p 'i ;n.`'fY•:df `-N,a`$. �;k!tio,Y'i' >C,' `r: ?''- .cyw ?' ..'eT..'3`- ;r,'•t' iS-'t ;��ic�� �rl:,,.. h�r;,yr.:f to,� r.syl'!'f.'i`.C'• %1•E $ U �� :.�•u °Srrb:� ,°� ,S. h�'y,�a"fi 1� xfd L' 1.. � �3. r � , Y � r 4x1e - r��,,,� t+.r � � �.,�� P c t.�tC r'st � v , � Vie. -•t! The Interconnected wet detention takes 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, 112" of dry pre - treatment will be required for the run -off from any parking areas. Basin Treatment Method Vol Req.d Vol Prov'd (ac -ft) (ac•ft) Site Treatment Wet Detention App.no. ; 030709 -115 Page 5 of 17 32.77 -32.77 Agenda Item No, 81 November 28, 2006 Page 365 of 513 i r £ i„;� (YF� J LY j5� li� ��i S� n �'�'l FS�f- +'%`�.•'�f ti fl �j. �7� h {fit �{{ iF Jw'� Stp ��ii{{ � � t �9h.�L:e� n�h.�. � if hh '_�•�� hf7 , )(��P�t � c.l Wetiand 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 is 273.13 acres. After a refined determination of the project area acreages, it was determined that the acreages provided by the original permit site plan were incorrect, the actual wetland impacts as permitted was 288.81 acres. This modification results in a reduction of the wetland impacts to 280.06 acres. A revision of the wetiand impact map is attached as Exhibit 3.3. Mitigation Proposal. The mitigation to offset the proposed 280.06 acres of direct wetiand 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 Mirasol 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 establishment 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 will be enhanced as flow -way buffer. In addition, 23.5 acres of flow -way conveyance will be constructed per Permit No. 11- 02031 -P. It should be noted that the onsite mitigation acreage listed in the original permit Application No. 970923 -12 Is 291.20 acres of preserve area, which includes 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 to more accurate AutoCAD measurements. The revisions resulted in the permitted wetiand preserve areas (originally listed as 275.76 acres) to be adjusted to 284.41 acres In this modification. The slight difference in mitigation provided between Application No. 970923 -12 and this modification is due to AutoCAD measurements and does result in the requirement of additional mitigation or result in the surplus of mitigation. The location of the onsite mitigation is shown on sheet E -5 of the environmental plan as Exhibit 3.4. A revised /monitoring /maintenance plan is attached as Exhibit 3.7a - 3.7f. The wetland plan Includes 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 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 upland and wetland habitats. The five preserves are interconnected by box culverts under the proposed roads. These box culverts provide wildlife 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 property. 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 off -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 ©lde Cypress Property (Permit No. 11-01232-S) 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 Agenda Item No. 81 November 28, 2006 Page 366 of 513 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 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 exotic removal, prescribed burning, etc., may be ,funded by the interest generated by the principal deposited In this accounting fund. Of the $1,001,000.00 collected, the following disposition 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 established 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 within the CREW project. It should be noted that the use of CREW mitigation may not be appropriate for other projects and the costs per acre 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 impact Assessment: The proposed site plan changes involve a minor reconfiguration of the preserve areas, resulting in less wetland impacts and additional preserve areas. However, the adjustments did not result in the creation of additional ecological lift to be utilized on future projects. No additional 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. Monitoring /Maintenance: The onsite mitigation, maintenance and monitoring plan is attached as Exhibit 3.7.a - 3.7.t. The proposed monitoring of the wetland and upland mitigation areas will consist of baseline, time -zero and seml - annual reports for the first two years and annual monitoring of vegetation, wildlife, rainfall, and wetland water levels for a period of five years.. 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 semi - annual and annual reports will document conditions following enhancement activities, document the extent of success of the project and will identify actions 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 Exhibit 3.6 shows the location of the vegetation transects, photo - point stations and staff gauges. Maintenance will be conducted in perpetuity for ihd onsite mitigation area such that the coverage of nuisance and exotics between maintenance events shall not exceed 50/0. A mitigation, maintenance and monitoring schedule is attached as Exhibit 3.9a. App.no.: 030709.15 Page 7 of 17 Wetland Inventory : CONSTRUCTION MOD - TERAFINA Agenda Item No. 81 November 28, 2006 Page 367 of 518 ONSITE Pre - Development I Post - Development Total impacted Undisturbed Enhanced Preserved Restored/ Existing Created Fresh Water Forested 530.88 .279.25 251.63 Fresh Water Herbaceous 2.22 .81 1.41 Upland 31.37 Total: 533.10 1 280.06 284.41 This project contains preferred habitat for listed wetiand- 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. Concerns regarding Big Cypress fox squirrel, little blue heron, and red - cockaded woodpecker have been address In the original SFWMD Permit Application No. 970923 -12 that include appropriate wildlife management plans. To compensate for the impacts to wood stork and panther habitats, the applicant proposed both onslte and offslte mitigation. The mitigation proposed for this development offsets the impacts associated with the direct loss of wildlife habitat. Therefore, no cumulative impacts are expected as a result of the proposed activities. In addition to the mitigation provided In this permit to satisfy 40E -4, F.A.C. criteria, the U.S. Fish and Wildlife Service has required additional mitigation and the applicant proposed to purchase and restore 52 acres of wood stork habitat and 107 acres of panther habitat both located 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 listed wildlife species are not adversely impacted as result of this project. The three developments adjacent to the flowway (Mirasol, Terafina aka Wildewood Lakes, and Olde Cypress) have entered an agreement relating to the construction and maintenance of the flowway (known as "chain of lakes" in the agreement). The agreement identifies 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 responsible for constructing the portion within Olde Cypress property. This same section Indicates that Mirasol may construct the entire flowway if Terafina delays in the construction. The Mirasol permit authorization the construction of the entire flowway. The three developments also prepared a draft drainage, Ingress /egress, and maintenance casement giving Mirasol access to Teratina and Olde Cypress property. A recorded copy of the drainage easement must be provided to the District prior to any construction of the flowway. Mirasol proposed a Community Development District (CDD) as the entity responsible for the maintenance of the flowway both within the Mirasol property as well as the Terafina and Olde Cypress developments. The permittee provided a draft of performance bond to demonstrate financial assurances that the mitigation, monitoring and maintenance work will be conducted as permitted. The performance bond is App.no.: 030709.15 Page 8 of 17 Agenda Item No, 81 November 28, 2006 Page 368 of 513 attached as Exhibit 3.10a - 3.10c and will need to be executed In accordance with special condition 32 of the original permit. : CN s� •� It is suggested that the permlttee retain the services 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 completion of construction completion certification Form #08131 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 Rule 40E- 4361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E -4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification 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 construction of the SWM system and obtain operation phase approval from the District within the permit duration shall require a new permit authorization unless a permit extension Is granted. For SWM systems permitted with an operating entity who is different from the permlttee, It should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E- 1.6107, F.A.C., the permlttee Is liable for compliance with 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 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 of the SWM system Is required to protect the public health, safety and the natural resources of the state. Therefore, the permlttee must have periodic inspections of the SWM system performed to ensure performance for flood protection 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.: 030709 -15 Page 9 of 17 Agenda Item No. 81 November 28, 2006 Page 369 of 513 RELATED CONCERNS: Water Use Permit Status: Water Use Application No. 030820 -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 Mirasol flowway channel, Special Condition 115 restricts the use of dewatering during construction. This condition is consistent with conditions in the previous permits for Mirasol, Parklands Collier and O1de Cypress.l7DThis permit does not release the permitter 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 general permit issued pursuant to Section 40E -20 FAC. . Potable Water Supplier: Collier County Utilities Waste Water System/Supplier- Collier County Utilities Right -Of -Way Permit Status: A Right -of -Way Permit Is not required for this project. DRI Status: This project is not a DRI. Historical /Archeological Resources: The District received correspondence from the Florida Department of State, Division of Historical Resources indicating that the agency has no objections to the issuance of this permit, DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Community Affairs or other commenting agencies regarding the provisions of 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 activity associated with this application. App.no.: 030709.15 Page 10 of 17 Agenda Item No. 81 November 28, 2006 Page 370 of 513 STAFF RECOMMENDATION: The Staff recommends that the foilowing 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 646.6 acre parcel. The system discharges to the Cocohatchee Canal via the Mirasol Flowway. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached General and Soeclal Conditions. STAFF REVIEW., NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL ENVIRONM NTA EVALUATION Marie Dessour es DIVISION DIRECTOR: Robert-G. Robbins I DW 5ubjectto Gowning OR T. Mor*,`P.W.S. DATE:,' SURFACE WATER MANAGEMENT DIVISION APPROVAL SUPERN Ricard6 DATE• A. Valera, P.E. Approval App. no. : 030709 -15 Page 11 of 17 Agenda Item No. 81 November 28, 2006 Page 371 of 513 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented 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 kept at the work site of the permitted activity. The complete permit 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 prior to commencement of the activity authorized by this permit. 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 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 waterbody exists due to the permitted 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, 1988), Incorporated by reference in Rule 40E- 4.091, F.A.C. 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 Is issued. At least 48 hours prior to commencement of activity 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 status reports to the District on an annual basis utilizing an annual status report form, Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of completion and certification by a registered professional engineer or other appropriate individual as authorized by law,, utilizing the supplied Environmental Resource Permit Construction Completion /Certification Form Number 0881. The statement of completion and certification shall be based on onsite observation 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 is discovered during the certification 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 labeled 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: until the permittee has compiled 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 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, App.no.: 030709.15 Pape 12 of 17 Agenda Item No. 81 November 28, 2006 Page 372 of 513 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 permlttee shall Initiate transfer of the permit to the approved responsible operating entity if different from the permittee. Until the permit Is transferred pursuant to Section 40E- 1:6107, F.A.C., the permlttee shall be liable for compliance with the terms of the permit. 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. B. 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 with this permit, 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 Environmental 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 authority 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 documents will result In the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permlttee shall notify the District in writing 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 obtaln any required federal, state, local and special district authorizations 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, F.A.C.. 12. The permittoe 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 internal 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 permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E- 20.302(3), F.A.G., 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, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. App.no.: 030709.15 Page 13 of 17 Agenda Item No. 81 November 28, 2006 Page 373 of 513 GENERAL CONI 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 docurT entation, shall not be considered binding, unless a specific condition of this permit or a formal determ nation 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 other 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. I I 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 with the plans and specifications approved by the permit. i 18. if historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted information that Is later discovered to be Inaccurate. App.no, : 030709 -15 Page 14 of 17 I Agenda Item No. 81 November 28, 2006 Page 374 of 513 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 flied articles of incorporation, and a copy of the certificate of Incorporation for the association. 3. Discharge Facilities: Structure:. Outf all 1 -80' WiDE RECTANGULAR NOTCH weir with crest at elev. 13.8' NGVD. 1 -51.W X .4' H RECTANGULAR NOTCH with Invert at elev. 13.4'NGVD. Receiving body: Cocohatchee Canal via the Mirasol 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 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 to 1 toot above control elevation to insure vegetative growth, unless shown on the plans. B. Fadilities 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. A stable, permanent and accessible elevation reference shall be established on or within one hundred .(100) feet of all permltted 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 sedimentsldebris. All materials shall be properly disposed of as required 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 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 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 the 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. App.no.: 030709 -15 Page 15 of 17 Agenda Item No. 81 November 28, 2006 Page 375 of 513. 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 112 Inch of runoff prior to discharge into the master surface water management 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 copy of the agreement between the,permittee and Mirasol development, relating to maintenance and operation cost sharing for the Mirasol 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 fora period of 5 years with seml- 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 species do not achieve an 80% coverage within the initial 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. 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 acres 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 permlttee is 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 permit, 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 acquisition, enhancement and management 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, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit 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, (2) proposed 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 'lmplemented 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 integrity and viability of those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the conservation area is maintained free from Category i exotic vegetation (as defined by the Florida Exotic Pest Plant Councll 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 / nulsance plant species App.no.: 030709.15 Page 16 of 117 Agenda Item No. 81 November 28, 2006 Page 376 of 513 SPECIAL. CONDITIONS do not dominate any one 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=xhibit No. 3.7a - 3.7f. The letter of credlt/bond shall be In substantial conformance with Exhibit No. 3.10a - 3.10c. 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. App,no.: 030709.15 Page 17 of 17 Agenda Item No. 81 November 28, 2006 Page 377 of 513. LEE CAM MY Y C COUNTY CYPRESS HEAD a PARKI.W 09 -� 75 'STONE.fi MAL SITE EAEEK ESTATES } LoG�aTI t� K97 L DUAL HMS u t¢ B 3 ?x ACRES VMLI MOCQl4H04 [ IMM CAPE MEHTCh wuwCMri"*0S C.. 846 .ROAD ,C0D ESTA S TREE R1 R not S S TMM PAW QOM q Uft- 90 SO y / ! Lr� aW F � PON 4 S %VMMRA PAW Mal T - EB A 5 - 4 �` >,s IGINAL BNIITTALL • 4 ' a. 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NNS A��� Nrfr uu +�' /fes ��� ••• + +�:'Zh1 •rrsr�� �r 0 4 F Ip I� t i �I q r r b E y 1e# rrrlr>rrfisn'P g P S e k ° �v "Rtn "li•a�a " "a��� �� sT{ ?{77Pp '.•141.vYyyle PTIP TP P�}+Tp �l� 8� h('Ih no rpi 11. nnh�n nO i Agenda Item No. 81 November 28, 2006 Page 401 of 513 ADDURE SED SuvffTAL TERAFINA ETLAN MITIGATION /MONITORING /MAINTENANCE PLAN OCT 2 2 20 SFWMD PERMIT NO. 11-02055—P Revised October 20 2003 D FORS MyERS S1aRV1Cf" CENTER � APPLICATION NURER INTRODUCTION r� OCT �. 2003 The following outlines the wetland mitigation, monitoring, and maintenL4I-URT lan �Y�I%S t T 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 284.411 acres of wetland preserves and upland preserves/buffers will be established. This' includes 137.881 acres of wetland enhancement through hand removal of exotics, 89.211 acres of wetland enhancement through mechanical removal of exotics, 0.101 acre of wetland created from. uplands, 31.271 acres 'of upland preserve, and 2.481 acres of wetland enhancement flow -way buffer. In addition, 23.471 acres of flow -way conveyance will be constructed per SFWMD Permit No. 11- 02031 -P. The wetland mitigation plan includes the establishment of five interconnected preserves within the western portion of the development, a habitat buffer along the north property line, a large 2101 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 connected to the 2101 acre flow -way on the eastern third of the property. The 2101 acre flow -way is part of a larger regional flow -way that extends off -site. The flow -way originates on the Mirasol project ( SFWMD Permit No. 11-20231-P) then crosses the Terafina property. After crossing Terafina, it passes-through the Old Cypress project ( SFWMD Permit No. 11- 01232 -S) before outfalling to the Cocohatchee Canal. Details of the flow -way are provided in the SFWMD staff report for Terafina, as well as the SFWMD staff report for the Mirasol project. As part of the 2101 acre flow -way, 89.211 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 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. IBIT JJA Passarell'a and Associates, Inc. I of 6 903GLH856 Revised 10/20/03 Agenda Item No. 81 November 28, 2006 Page 402 of 513 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. MITIGATION PLAN The mitigation plan includes 137.88± acres of wetland enhancement through hand removal of exotics, 89.21± acres of wetland enhancement through the mechanical removal of exotics, 0.10± acre of wetland created from uplands, 31.27± acres of upland preserve, and 2.48± acres of wetland enhancement flow -way buffer. The location 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 foul inches and apply approved her 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 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± acres) will include mechanized land clearing in areas of 75 to 100 percent cover by ielaleuca. 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 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 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 1. :l RPLICATIa` N 111 1.%MAP -P Passarella and Associates, Inc. 1103GLH856 Revised 10/20/03 ADDUREVISEd SUBMITTAL E C T � 2 2003 F Ivr 1 crc� 3rNV1l;t. CE1ITEPof 6 MA �. Agenda Item No. 81 November 28, 2006 Page 403 of 513 'Fable 1. Planting List for Mechanically Cleared and Graded Areas ,.J C ).1• ,..f. 1J Taxodium distichum 5 ft. 1 gal. wllil C ress Zone 1 Cord ass S artina bakers 12 in. 2 in. 3'ft. O.C. Gulfdune Pas alum Pas alum monostach urn 12 in 2 in. 3 ft. O.0 Zone 2 Maidencane Panicum hemitomon 12 in. 2 in. 3 ft. O.C. Pickerelweed Pontederia cordata 12 in. 2 in. 3 ft. O.C. Sa itara Sa ittaria land olia 12 in. 2 in. 3 ft. O.C. S ikerush Eleocharis interstincta 12 in. 2 in. 3 ft. O.C. Zone 3 Maidencane Panieum hemitomon 12 in. 2 in. 3 ft. O.C. Saw- ass Cladium- 'amaicense 12 in.. 2 in. 3 ft. O.C. Soft -stem Seir us validus 12 in. 2 in. 3 ft. O.C. Bulrush Scir us cubensis 12 in. 2 in. 3 ft. O.C. Fireflag Thalia geniculata 12 in. 2 in. 3 ft. O.C. Zone 4 S atterduok N har luteurn 24 in. 1 al. 15 ft. O.C. Waterlily N n haea odorata 24 in. 1 gal. 15 ft. O.C. MITIGATION SUCCESS CRITERIA 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 ' lified as those species listed by the Exotic Pest Plant Council at the time of permit issua WDL/REVISE.D SUBMl'1 1AL MONITORING Monitoring Methodology - -�-- CT 2 Z 2003 LO 3 FORT MYERS SEVICF CENTER 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 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 arnival reports will utilize identical methods of data collection. Passarella and Associates, Inc. ° ti? f { ?: 3 of b #03GLH856 Revised 10/20/03 I B I Agenda Item No, 81 November 28, 2006 Page 404 of 513 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 -7 of the 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 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. Eadh 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 Macroinverteb rate 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 minimuan 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 macroinvertebraies. - 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. _ Pnssarella and Associates, Inc. #03GLE856 Revised 10/20/03 �Lr�r��fr�rttr MtsM���t� EXHIn"IT3,�8' ADDL/REVISED SUBMITTAL of 6 Agenda Item No. 81 November 28, 2006 Page 405 of 513 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, MONITORING 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 report will be submitted within 50 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. • Panoramic photographs taken at photo stations within the enhanced wetlands and upland buffers. --- -- - -- ADDUREVISED SUBMITTAL OCT Z 2 2003 FORT MYE=RS Sr RVICT CFNTPP easeincni'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 • Staff gauge and available local rainfall data. CONSERVATION EASEMENT The wetland mitigation areas will be placed in a conservation 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 Passarella and Associates, Inc, Ytti -3` yAkj"k "" 5 of 6 t1030LH$56 Revised 10!20/03 j �V( Agenda Item No. 81 November 28, 2006 Page 406 of 513 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 York, New York, ADDUREVISED SUBMITTAL QCT 2 2 2003 FORT MYERS SERVI E ENTER �PIPLI(.ATIOM Passarelia and Associates, Inc. 6 of 6 #03GLH856 Revised 10120/03 EXHIBIT 3.� Agenda Item No. 81 November 28, 2006 - � JAI WI ER DEED OF CONSERMON EASEMENT THIS DEED OF CONSERVATION EASEMENT is giv s day of , 2003 , by L! (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 assignee of Grantee. WiTNESSETH WHEREAS, the Grantor is the owner of certain lands situated in 0,,it.. e, 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} ceA EtrjA ( "Project ") at a site in County, which is .subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and . WHEREAS, District Permit No. li - 02rs5 ° P ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve and /or mitigate wetlands under the District's 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 the 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 (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 receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a Slandard Passive Recreation form— July, 2001 1 of 6 ADDL/REVISED SUBMITTAL 0 T 2 Z 2003 FORT MYERS SERVICE CENTER E WRIT ?a • _12 Q- Agenda Item No. 81 November 28, 2006 Page 408 of 513 Pkkchperpetual conservation easement for and in favor of the Grantee upon i shall run with the land and be binding upon the Grantor, and shall remain in full' r and effect forever. The scope, nature, and character of this conservation easement shall be as follows: I. ' 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 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 soil 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; Standard Passive Recreation f6mi— July, 2001 Apef It..'.T4 2 of 6 ADDL /REVISED SUBMITTAL OCT 2 2 2003 FORT MYERS SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 409 of 513 e. Surface use except fdr purposes that permit the land o ter area to remain in its natural condition; f. Activities de #rlmental to drainage, flood control, water conserb A 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 any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational 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 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 for the purpose of constructing such pervious facilities as docks, boardwalks or mulched walking trails. b. The construction and use of the approved passive recreational facilities 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; ill. 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. Standard Passive Recreation form — July, 2001 APPi— aCATION INIU.MtIgri3 of ADDUREVISED SUBMITTAL OCT 2 2 2oo3 FORS' MYERs rna md r 5. Grantee shall not be responsible for any costs operation, upkeep or maintenance of the Property. Agenda Item No. 81 November 28, 2006 Page 410 of 513 Ut4or liabilitie th f.- ,J fi. Grantor shall 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 proceedings. 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 exercise 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 excluslyely 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 an' y 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 mail, 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 County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions 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 beer joined or subordinated; that Grantor has good right and lawful authority to convey this Standard Passive Recreation form — July, 2001 F-\A,fHIBIIT 3.9 ADDUREVISED SUBMITTAL E 2 2 2003 FORT MYERs SERV]P nfnirro Agenda Item No. 81 November 28, 2006 Page 411 of 513 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. IN WITNESS WHEREOF, To.. has he its authorized hand this day of 20 33 . Signed, sealed and delivered in our presence as witnesses: A Florida corporation By: _ s Print Name: Print .Nam�e J_� .'�l -Nkae-c f Title: y F Print Name: Standard Passive Recreation form — July, 2001 ADDUREViSED SUBMITTAL :: � OCT '2 2 20u3 FORT MYERS SERVICE CENTER AftW ..I Mi1M�� 5 of 6 Id EXHIBIT 1, STATE OF FLORIDA ) ss: COUNTY OF Agenda Item No. 81 November 28, 2006 Page 412 of 51.3 r . r• 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) , 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: ,duly, 2001 Avour—A'NON N'dwillp" "Tt Standard Passive Recreation form — July, 2001 6 of 6 [TADDL/-R–EVISED SUBMITTAL LFORTMy cr .2 2 2003 f S SERV E CEN]ER EXHIBIT i Agenda Item No, 81 November 28, 2006 Page 413 of 513' a W O a �5 Nil X EXHIBIT 3, a z � y a N x 8 w A Cl) l7 i d • b Yyi 4. O � O � •N � a O q° U m a a U 0 m Agenda Item No. 81 November 28, 2006 Page 414 of 513 South Florida Water Management District Work Schedule Requirements Application No : 030709 -15 Page 1 of 1 Mitigation Plan ID: CREW t W111,11". ,� ' •1 NV' •`S `��: :�,� ••� }�:; I ;[iC � &:.tk . -5: -. •:`�v #, it �.e:= :P�.. +� : At g��; ' - YE''F: `�'y 1$'.' >'.. +...•rr :r:. "' �:1J 4' ,%�A1 VZ�_:1�� :til -: -. e.`'•4. i�•,,�.; 'Ctrs.? s ',� ^, - .>.r.•'.X' � ,+L iY%+1t4t5;' ' /1�e3�Kyy�.•[@ .,Y 't� :. ��.l ll ,Z'Or ,�``..n. .•,... .nl' �.•�.•. L..•.. '* nI•.. l} eY. y. Si'` Ol ,r.r'iT:a:�F"nr= r:�t�.Y�'�Fr'�. r.1:. ,�.,. SUBMITTAL OF MITIGATION PAYMENT 30- JUN -2004 Mitigation Plan ID: TERAFINA PUD . -•:. ��ti •� ;Loi:' ! . : 'i• �l,y ''.ti : .r'.�'1i♦ :iv57. = Ste. +'[ ti ilt � `I . 1L�tYj.V . ' y _1•�:�'. i '+�t L� f'!i- :�` •; �.'��1; .'....��.•y.... M1 _ . �i ?c�.?+i I .�h �� 3 ..il7nYr :'tn ; : �': i �`' :jr'. M �'i' . 4t , i� ,:,I , yS . { 3 f ?Y WON', SUBMITTAL OF FINANCIAL ASSURANCE DOCUMENTATION 20-MAY-2004 BASELINE MONITORING REPORT 31- MAY -2004 SUBMITTAL OF RECORDED CONSERVATION EASEMENT 31- MAY -2004 EXOTIC VEGETATION REMOVAL 30 -'JUN -2004 EXCAVATION AND GRADING MITIGATION AREA 30- JUN -2004 PLANTING MITIGATION AREA 31 -JUL -2004 TIME ZERO: MONITORING REPORT 30 -SEP -2004 EXOTIC VEGETATION MAINTENANCE 31- DEC -2004 SEMI- ANNUAL MONITORING REPORT 30- JUN -2005 EXOTIC VEGETATION MAINTENANCE 31- JUL -2005 FIRST MONITORING REPORT 30 -NOV -2005 SEMI- ANNUAL MONITORING. REPORT 30- MAY -2006 EXOTIC VEGETATION REMOVAL 30- JUN -2006 SECOND MONITORING REPORT 30 -NOV -2006 THIRD MONITORING REPORT 30 -NOV -2007 FOURTH MONITORING REPORT 30 -NOV -2008 FIFTH MONITORING REPORT 30 -NOV -2009 Exhlblt No : 7, �( l' Agenda Item No. 81 ' n1r 2006 ag of 513 y United States Department of the Interior FISH AND WILDLIFE SERVICE CH 1 tisF9 South Florida Ecological SeMces Office 1' 39 201" Street- Vero Beecli, Florida 32960 John R. Hall- U.S. Army Corps of Engineers Fort Myers Regulatory Office 1520 Royal Palm Square Boulevard, Suite 310 Fort M. yers, Florida 33919- .., ADOUREVISED SUBMITTML] Service Log No.: r .ni Application No.: JAN 2 6 2 ,i 1 Date: Project: FORT MYERS SERVICE f Nff- Applicant: County: Dear Mr. Hall: JAN 2 6 2004 4- 1 -01 =F -606 199603501 (IP -TWM) May 25, 2001 Terafina GL Homes- Collier g3 07 The Fish and Wildlife Service (Service) has reviewed information submitted by the U.S. Army Corps of Engineers (Corps) on October 29, 2003, for the application referenced above. The Service has also reviewed additional information provided to us by the applicant in an email dated January 6, 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. This letter is submitted in accordance with section 7 of the Endangered Species Act of 1 973, as amended (ESA) (87 Stat. 884; 16 U.S.C. 1531 el 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 americana) habitat, and 435.8 acres of Florida panther (Puma concolor 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 of wetlands in Hendry County. To compensate for impacts to 297 acres of wood stork habitat, the applicant has 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 for impacts to 435.8 acres of Florida panther habitat, the applicant proposes to U kw"W, l ra A M E R I .� z- AZ.. �: Agenda Item No. 81 November 28, 2006 Page 416 of 513 John R. Hall January, 16, 2004 Page 3 Florida panther ;The Corps has determined that the project may affect the-endangered Florida-panther: °The - -- - --~ - applicant proposes impacts to 435.8 acres of panther habitat. Compensation proposed is 210.8 acres of onsite preservation and enhancement of panther habitat, purchase of 154 acres of panther habitat in CREW, and-the purchase oQQ.0 res of panther habitat in Hendry County. Therefore, the Service concurs with the Corps' may affect determination and request for formal consultation for the Florida panther. The Service has received all of the information necessary to initiate formal consultation on the wood stork and Florida panther as required in the regulations governing interagency consultations (50 CFR § 402.14), Service Log number 4- 1- 01 -F-606 has been assigned to the proposed project. Please refer to the log number in future correspondence 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 biological opinion on or before May 20, 2004. However, we will expedite the biological opinion for this project, in light of the 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. PIP'Pi.1CATMI`i '#►9� i "R cc: FWC, Punta Gorda, Florida SFWMD, Fort Myers, Florida EPA, West Palm Beach, Florida Sincerely yours, v Linda S. Ferrell Assistant Field Supervisor South Florida Ecological Services Office ADDL/REVlSED SUBMITTAL JAN 2 & 2004 ; I z % I I FORT NIYERS SERVICE CcN ' I Agenda Item No. 81 November 28, 2006 ADDb.2'7ED SUBMITTAL Page 417 of 513 OCT, 2 2 2003 06102 FORT MYERS SERVICE CENTER Form 1105 STATE OF FLORIDA. PERFORMANCE BOND TO DEMONSTRATE FINANCIAL ASSURANCE Date Bond executed: Effective date: Principal: ih ! Legal Name and Business Address of Principal KD1 LLuW�C —eury k /hot- `�'f rxr— %U C.OZAtr SPPUA -4-iS , F�- 13071 Type of Organization: Individual Joint Venture Partnership Corporation State of Incorporation: License and Registration: Tlie Surety is licensed and registered in the State of Florida. Surety(ies): Name(s) and Business Address(es) Scope of coverage: Mitigation, maintenance and monitoring pursuant to the requirements of pernut number 110205. - -P issued by the South Florida Water Management District ( "District ") including the plans approved by said permit. Total penal stun of Bond: Surety's Bond number: EXHIBI " Agenda Item No. 81 November 28, 2006 Page 418 of 513 I 06102 Form tics Period of Coverage; This Bond shall continue to be effective until notification of final release fiy $ ct. The District shall provide this notification of final ' release within 30 days of determining the rniti on is successful in accordance with subsection 4.3.6, B4O.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 foith opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full 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 this Performance Bond ( "Bond ") guarantees, as required by District permit number Ji ' fto+ T- t' and the plans approved by such permit, as such permit and" plans may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such 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 and void, otherwise it is to remain in full force and effect, The Surety(ies) shall become liable on this Bond obligation only when the Principal has failed to fiilfill the conditions described above. Upon notification by the Director of the Natural Resource Management Department of the District that the Principal has been found in violation of the requirements of permit number Ll:o ty''? by failing to perform the mitigation, maintenance and monitoring activities for which this Bond guarantees perforinmce, the Surety(ies) shall, within 60 days of receiving such notice, either perform such construction and implementation in accordance 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 sum of this Bond) into a standby trust Hind 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 alternate financial assurance and obtain written approval of such assurance from the District during the 90 days following receipt by both the Principal and the District of a notice of cancellation of the Bond, the Surety(ies) shall place funds in the amomit guaranteed for the mitigation, maintenance and monitoring (the total penal sum of this Bond) into a standby trust fund as directed by the District. rADDUREViSED SUBMITTAL 2 OCT 2 2003 Agenda Item No. 81 November 28, 2006 . Page 419 of 513 !I 06/02 Farm I 10 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 a e ' e 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 no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum. 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 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 certify that they are authorized to execute this Bond on behalf of the Principal and Surety(ies). PRINCIPAL CORPORATE SLMETY(MS) For each ca-surety provide the following: Signature Name and Address Type Name and Title State of Incorporation Liability Limit ,-O'eUCA110N NUMBER 5ignantra Type Name and Title ADDUREVISED SUBMI�TA1 Corporate Seal a p Corporate Seal 3 1=0va �tYE�s s�.av�c� M �[ I c. �?2 � /%\ oe 0 /E f0 2 § � k k CL § k \ 2 Ul a) 3 2 § C § � \ b tu / 2 f k LL CL 0 m \u t CL k � CL ■ IL w e \ § k 9 R o j t k3, L .2 W r 2 § \ 0 R - § ° R 2 ]) [ $ \ § � • § 2 7 § § \ n ¥ z z z z z , z z z z z z z z 2$ \ § ®$ $\ $ $ \ o R _ § \ § § § % b B § k § R § § E i § R §@ G§ k» R§ § p ® 4 vi § k 2 ) � EXHIBIT. 3.1� "mow � � m R 2 ]) $ 0 E ( 2 7 § n \ CL \ " \ D ] 2 § \ � \ k ] / k § 2) ¢ % k \ ) . k k IL f 7) E . k k / \\ f)ƒ z z z z z , z z z z z z z z 2$ \ § ®$ $\ $ $ \ o R _ § \ § § § % b B § k § R § § E i § R §@ G§ k» R§ § p ® 4 vi § k 2 ) � EXHIBIT. 3.1� "mow � � m PPLICATION NUMBER Agenda Item No. 81 November 28, 2006 ADDUREVIS S UBMITTALage 421 of 513 E 0C.T-2.2 200 E].I FORT MYERS StRACE CENTER AMENDED AND RESTATED FLOW -WAY AGRI•t EMENT This Amended and Restated Flow -Way Agreement supercedes the previously executed Flow- Way Agreement filed with the Secretary of State's Office the 3'd day. of May 2001. THIS .AMENDED AND RESTATED FLOW -WAY AGREEMENT (the "Agreement ") is made by and between I D. Nicewonder, Robert -Vocisano as Co- Trustee under Land Trust Agreement dated May 24, 1995, and OLDS CYPRESS DEVELOPMENT, LTD., (hereafter collectively referred to as "the Parties ") whose addresses are set forth in Paragraph Id' 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. WHEREAS, Robert Vocisano is Co- Trustee under a Land Trust Agreement dated May 24, 1995 to a parcel of property containing approximately -646 acres described in Exhibit B on which will be developed a project known as TERAFINA (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 known as Olde Cypress (hereafter referred to as "OLDE CYPRESS "); and 4, WHEREAS, MIRASOL and TER.ATINA desire to permit, construct, operate and maintain a flow -way for the discharge of surface waters from MIPASOL and upstream properties to the Cocohatchee Canal. A conceptual sketch of the proposed flow -way (hereafter "Flow- Way ") is set forth in Exhibit D and EXHIBIT ��f • AIPPUC.00 14uM'C� r+UUL/1'AL• VfUF_1J IAL 61"W1 I Agenda Item No. 81 ." November 28, 2006 Page 422 of 513 OCT 2 2.20m FORT MYERS VRACE CENTER S. WHEREAS, the general design of the .proposed `FIow - -`Wqy 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 surface 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 of isolated uplands); and 6. WHEREAS, the Parties desire that MIRASOL, as part of its application submittals for its project in sections 10, 15 and 22, shall include. the .design .anal modeling information for all of the Chain of Lakes; and 7. WHEREAS, TERAFINA has cross - referenced this information' in its applications to SFWMD and the USACOE, and OLDS CYPRESS has agreed to modify its existing SFWMD/TJSACOE permits to include the Chain of Lakes; and 8. WHEREAS, the obligations of IYHRASOL, TERAFINA and OLDE CYPRESS as provided for in this AGREEMENT are contingent upon the final SFWMD Permit and Collier County zoning approvals for the MIRASOL 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, wilI be an integral part of their respective projects. Page 2 of 14 EEEXI I BIT / • I Agenda Item No. 81 November 28, 2006 Page 423 of 513 The mutual objectives of the Parties in designing, permitting and constructing the Chain of Lakes are as follows: 1. MIRASOL will apply to the South Florida Water Management District for an Environmental Resource Permit, the US Army Corps of Engineers for a Sectioh. 404 Dredge'and Fill Permit and Collier County for a Clearing and Excavation Permit as necessary to construct 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 MIRASOL so as to ensure consistency amongst the submittals. Permitting of those portions of the Flow-Way within each Partv's ownership or control, other than the Chain of Lakes, will be the responsibility of the individual Parties MIRASOL agrees to pay all permitting costs incurred by OLDE CYPRESS relating to the Chain of Lakes and the Flow -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 offshe hydrologic �y Lakes, to offset arly z-�tigation requirements that may be imposed, MIRASOL will Page 3 of 14 1 � �, , ��. improvements, resulting in net positive mitigation credits to compensate for any ' cc environmental impacts attributable to construction of the ,Chain of Lakes (see w E i Paragraph B below). MIRASOL and TERAFINA shall be responsible for meeting - CO UJ Lu tie mitigation requirements resulting fmm their individual V.Lojects, and may use the oportion of the Flow -Way within their ownership Qr control, other than the Chain of u- �y Lakes, to offset arly z-�tigation requirements that may be imposed, MIRASOL will Page 3 of 14 1 � �, , Agenda Item No. 81 November 28, 2006 Page 424 of 513 satisfy any mitigation required as a result of the OLDE CYPRESS permit modifications relating to the Chain of Lakes and the Flow -'Way. 4. Each Party- shall be responsible for constructing that portion of the Chain of Lakes, within its ownership or control. MIRASOL shall bear initial operating and maintenance responsibilities for the Flow -Way. If TERAFINA uses the Flow -'Way as its "outfall"., then TERAFINA will reimburse ACERASOL for its pro rata share of maintenance and operation expenses as determined in Paragraph D below. MMASOL 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 Plorida Water Management .District for operation and maintenance as a Worst 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 BCBB, or other entity, requires a fee as a condition of accepting the Chain of Lakes (to offset long -term maintenance expenses) MIRASOL shall pay its own and OLDE CYPRESS'S pro rata share, and if TERAFINA utilizes the Flow -Way as its "outfall ", then TERAFINA shall pax its pro rata share, B. MITIGATION FOR CHAIN OF LAKES. As •set forth in Paragraph A the objective of MIRASOL and TERA14NA. is to.dn4igu,_ permit and construct the Chain of Lakes in a. manner that will eliminate compensating storage, and improve 'offsite hydrologic conditions in this watershed. MIR.ASOL's consultants have analyzed the improvements to hydrology and storage in the area. MIRASOL's objective is to hava $n }�yQnmental impacts Page 4 of 14 �� s� �� �;f � � BIT a i$ T� s w cS m rn a cw.) Q V) f-- Ou1 o � 0 0 Agenda Item No. 81 November 28, 2006 Page 424 of 513 satisfy any mitigation required as a result of the OLDE CYPRESS permit modifications relating to the Chain of Lakes and the Flow -'Way. 4. Each Party- shall be responsible for constructing that portion of the Chain of Lakes, within its ownership or control. MIRASOL shall bear initial operating and maintenance responsibilities for the Flow -Way. If TERAFINA uses the Flow -'Way as its "outfall"., then TERAFINA will reimburse ACERASOL for its pro rata share of maintenance and operation expenses as determined in Paragraph D below. MMASOL 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 Plorida Water Management .District for operation and maintenance as a Worst 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 BCBB, or other entity, requires a fee as a condition of accepting the Chain of Lakes (to offset long -term maintenance expenses) MIRASOL shall pay its own and OLDE CYPRESS'S pro rata share, and if TERAFINA utilizes the Flow -Way as its "outfall ", then TERAFINA shall pax its pro rata share, B. MITIGATION FOR CHAIN OF LAKES. As •set forth in Paragraph A the objective of MIRASOL and TERA14NA. is to.dn4igu,_ permit and construct the Chain of Lakes in a. manner that will eliminate compensating storage, and improve 'offsite hydrologic conditions in this watershed. MIR.ASOL's consultants have analyzed the improvements to hydrology and storage in the area. MIRASOL's objective is to hava $n }�yQnmental impacts Page 4 of 14 �� s� �� �;f � � BIT a i$ T� s LD GV avu«� Agenda Item No. 81 �°�28, 2006 of 513 2 .203 0rO70 SMICE CENTER associated ction of the Chain of Lakes mitigated by the above described improvements and to meet the environmental mitigation required by SFWMD /USA.COE for the OLDE CYPRESS modification. Any mitigation requirements nr credits attributable to the Chain of Lakes Within OLDE CYPRESS and TERAFINA •shall be assumed by MIRASOL. -.If TERAFINA utilizes the Chain' of Lakes and Flow -Way as its outfall, then TERAFINA shall assume any mitigation . requirements or credits relative to construction of the Chain of Lakes and Flow -Way within TERAFINA. All, mitigation requirements and credits for the Flow -Way other than the Chain of Lakes shall be the. sole. responsibility of the individual Parties and are outside the scope of this Agreement, MIRASOL and TLIZAPINA shall work with the respective agencies to satisfy mitigation requirements as mandated by their individual permits for their projects, C. CONSTRUCTION. Each Party shall be responsible for constructing that portion of the Chain of Lakes within the property under its ownership, or control, ;however the -portion of the Chain of Lakes within the OLDS CYPRESS property will be constructed by TERAFINA. Such construction shalt be in strict compliance with the terms and conditions of any and all permits or approvals relating to the Chain of Lakes. If construction is not timely undertaken by TERAFINA .pursuant to the timeframes established and agreed upon by the Parties in the final constriction schedule, MIRASOL shall be entitled to enter TERAFLNA and OLDS 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 permitting 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 permit compliance by all Page 5 of 14 If I E38 IT (, V OCT -2 -2 -.2003 FORT MYERS St'RVICE CENTER Agenda Item No. 81 November 28, 2006 ; � A0 0 L.1 CAT 11)I„ " N , 't,�M F4 age 426 of 513 Parties, including, but not limited "to, the right to cure permit violations and recover from the offending Patty all costs associated therewith. MIRASOL shall be responsible to construct the outfall structure located in OLDE-CYPRESS and further described 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 formed to operate and maintain the Chain 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 MI RASOL, TERAFINA and OLDE CYPRESS properties. Such entity shall be created when required by either the IJSACOE or SFVJMD permit. OLDS CYPRESS; which is not benefited by the Chain of Lakes, shall not be required to join the CDD, share pro -rata in the maintenance and operation costs discussed below, or share'in the cost of formation of the entity responsible for long terra maintenance. The Parries agree that any current or future project utilizing. the.Chain .of .Lakes and Flow -Way for water management discharge will contribute to the maintenance pnnd aperafional posts 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 association or CDD, interim and long -terra operation and maintenance costs is conditioned upon TERAFINA utilizing the Flow -Way as its water management "outfall ". TERAFINA' S current water management plan utilizes an outfall west. of the canal weir structure fronting OLDE CYPRESS. MIRASOL shall be responsible for creating the entity, Page 6 of 14 EXHIBIT 6 t �' AD0U11tV1b1Zt) Sf„1BMI I UAL Agenda Item No. 81 November 28, 2006 Page 427 of 513 FORT' MYERS SERVICE CENTER ' 03 �� 7 0 9 — 1 �� the Parties shall cooperate by executing such documents as necessary io create the entity and to give such entity authority to operate and maintain the Chain of Lakes. Long term maintenance and operation of the Flow -Way, other than the Chain of Lakes, shall be as set forth in each Party's individual permits for their respective projects. B. STUDIES AND OTHER MATERIALS. To assist in the completion of permit applications, the Parties shall provide MIRASOL 0 correspondence, reports and other documents involving their property which they feel may affect the Chain of Lakes, including but not limited to governmental approvals or .pending applications for Governmental approvals; soil 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 insurance policies or title documents which relate to the condition or development of the Chain of Lakes. Documentation of each Party's legal and financial control 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 of Lakes area only and that will assist in the efficient 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 APPROVALS. As part of its project submittals MIRASOL will prepare and submit applications and required supporting documentation necessary to obtain County clearing and excavation permits necessary for the Chain of Lakes. TER.AFINA and OLDS CYPRESS will provide the necessary authorization required for MIRASOL to act in their behalf for obtaining these County approvals. If TERAFINA utilizes the Chain of Lakes. for its Page 7 of 14 txhlrblff r • �') Agenda Item No. 81 November 28, 2006 OCT � 2 ���� A PLICATIUNf.i�l�ft'il�� ;� Page 428 of 513 FORT MYERS SE=RVICE CENTER outfall, TERAFINA shall reimburse MIRASOL for its pro -rata share _of obtaining the approvals, up to .4_maXh= 0W= of $24,90Q. G. - CONSTRUCTION COSTS, Each Party shall construct that portion of 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 TERAPINA 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 shall have the right to construct that portion of the project arid, as full compensation, retain all fill material obtained during construction, . 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 costs associated 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 MIRASOL for inclusion in the permit application package). 2. are not aware of pending or threatened condemnation or similar proceeding affecting their property included within the Chain of Lakes or any portion thereof; Page 8 of 14 tAHIBIT /� Agenda item No. 81 November 28, 2006 Page 429 of 518 3. are not aware of legal actions, suits or other legal or administrative proceedings pending that affect that portion of their property 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, managdment or similar contract which could affect the operation or maintenance of that - �- ---°- portion of their property included within 'the Chain of Lakes; Qom. 5. are unaware of any leases, oral or written, affecting that portion of their property 0° I included within the Chain of Lakes or any part thereof, nor any other right, title or N l Uj N interest granted to any other individual or entity; I o 6.. the persons signing below represent that they are duly authorized to execute this Or- o © Agreement; and 7. do not believe there to be any adverse 'or other parties in possession of their property included within the Chain of Lakes; I. INDEMNIFICATION. The Parties hereby agree to defend, indemnify, save and hold MIRASOL harmless from 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 OLDS CYPRESS as additional insureds. 7. ASSIGNMENT. In the event a Party conveys its interests in the above - described properties, this Agreement, together with its corresponding responsibilities, obligations and /1 Page 9 of 14 ` v ur'T ' �I, � , Agenda Item No. 81 g qqkk 1yrri November 28, 2006 0C.. 2��3 Page 430 of 513 0709- 1 FORT MYERS SERVICE CENTER liabilities .shall be assigned to the new owner of the property and that new owner shall assume all responsibilities, obligations and liabilities set forth herein. K. CHAIN OF LADES EASEMENT. The Parties understand that the final configuration and location of the Flow -Way and Chain of Lakes will depend upon SFWMD permitting. Once final, 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 SPWMD or other appropriate governmental entity. L. DRAINAGE AND MAINTENANCE EASEMENT. MIRASOL shall permit and construct the outfall structure 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 M3RASOL M. ADDITION OF OTHER PARTIES TO THE AGREEMENT. Providing the design capacity of the Chain of Lakes (580 cfs) has not been exceeded, MIRA.SOL 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 forth 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 Agreement with the unanimous approval of all current signatories to the Agreement, Page 10 of 14 XH I l Agenda Item No. 81 November 28, 2006 Page 431 of 513 N. NOTICES. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular 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 unlit. 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: �l3iUtOCIV AD7'-f u8M13TAl. l 2 2 2no �pRT MY�RS S��tVICL- CENSER , Page 11 of 14 EXH C or"'IT C/, I ( ' ADDUREVISED SUBMITTAL. OCT 2 2 2003 FORT MYERS SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 432 of 513 APPLICATION NUMBER 030709 -1,� P. a ' Address With R, guired Copy to: MIR.ASOL c/o Don Milarcik Stephen Walker Celerity Construction Lewis, Longman & Walker, 6205 Carlton Lakes Blvd. 1700 Palm Beach Lakes Blvd. Naples, FL 34110 Suite 1000 West Patin Beach, FL 33401 TERAFINA c/o Paul Hardy 5692 Strand Court, Naples, F134110 OLDE CYPRESS c/o Paul Hardy 5692 - Strand Court Naples, Fl 34110 Frank Matthews Hopping, Green, Sams & Smith 123 South Calhoun 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 this 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. EFFECTWE 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 Page 12 of 14 EXH 1 B IT '%. 'I OCT-2 2 2003 FORT MYERS SERVICE CENTER Agenda Item No. 81 November 28, 2006 Page 433 of 513 ,0.pp1_PealoN MQ,ill RFR 0 3 0 7 0 9 - 1 5 immediately provide notice of such (including name, address and relevant information of assignee) to all remaining Parties. As used in this Agreement, any gender shall be deemed to refer to the appropriate gender, whether masculine or feminine, and the singular shall be deemed to refer to the plural where appropriate, and vice versa. S. PARTIAL INVA.L,IDITY. In the event that any paragraph or portion of this Agreement is determined to be unconstitutional, unenforceable or invalid, such paragraph or portion .of'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 this Agreement shall 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 Party of such action shall, in addition to all other relief granted or awarded by the court, 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 all other representations, negotiations and agreements, written and oral, are Page 13 of 14 EXHIBIT L / j Z, Agenda Item No. 81 November 28, 2006 Page 434 of 513 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 — ' of ;�.�........ , 2002. 0Jy$L1C1�"110M MUMMER 030709 -1115 l r : J. D. NICEWONDER SU$l��A� HERS S�R Page 14 of 14 Ar-11 I l L-(' 1 3 Agenda Item No. 81 November 28, 2006 Page 435 of 513 IN WITNESS WHEREOF, the said Parties have hereunto set their hands and 'seats the Rr►i of Pl` , 2002, Witnesses; B p ;, p CYPRSS DE VE T, LTD. r APPLICATION MUMPER 030709-15 Agenda Item No. 81 November 28, 2006 Page 436 of 513 IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the s iA g of 2002. Witnesses: _ Co-Trustee under Lainu llusL ri�,i�ctiiciu dated May 24, 1995 1;1Cliont DocumcntslMirwoi142461MisoTtaw way Final Revised Changes Highlighted.doc O;xUtAylow NOMK #S 15.9 Atip�R� ��tS Sr 0 EXHUBIT } ►Yi' T. 3 . °1 �I Agenda Item No. 81 November 28, 2006 Page 437 of 513 RRQfI FIGi tLJ .BARBER BRL , APR. 30 3001 04:3E5PM I''2 NU f .;v Z , to tx 1 10 7 + 0 800 16QQ 3200 SCALE IN FEET ADDL/REVISED SUBWTF L r, ....� ,._..._. OCT Z 2 203 FORT MYERS SERVICE CENTEk sax, i IF-CT IS LOCATED IN: NSHIP 48 SOUTH 3IS 25 FAST PIONS 10, 115 & PORTIONS OF 22 j kL PROPERTY =1858 Ac,t 1 . I ir��I..IsuiT9��4 P�1tlitAI�I~.�t' IMUMARDER & IMEbRUNT)AGE, INC. I'toiur,iaaal8fl nccrn.Ylimuorr & lxod SutyaYOec 4.4. c...... rWOa�T.;..Fow.stM •h.k K.f�ik - %i W1iplJiil .Anp+ll t~�z C4144rns af.lx�rl�iad.pN. I11AW a�il►rMnr�la�san� .wsSNUss�f tf1 PAtt N E — 0gAVANO 'nTLE MIRASOL P.U.D. 3t=CTK)NS 10,15 & Port{ona of 22 Flaw Way Agreement _ Exhlbit A �— ----^ DAti 8Y:'� RQP A48 �R6,t{CT No„%��.3 CNK. bY; /WD AGAD ME FlANG _ ogre• o� so ol� CRWNQ FILE: Na,_ EXIT 1 no IT L(. j �� FROM : RUN IOL) BARBER 8RN "" -IGE Agenda Item No. 81 November 28, 2006 Page 438 of 51.3 PNchlE N0. APR. :'0 2002 04: 31 pM F a 1 ! l r f � TERAFINA PROJECT IS LOCATED IN: TOWNSHIP 48 SOUTH RA90E 20 FAST SECTION 16 TDTAL PROPERTY 546 Ac +t ��(( �G N 4, F ..L' N yl Jw N n x S D Sao 1000 2000 J SCALE IN rEET 15 •Ir...1 :.� � l •f Yi- - - ER k RUNDA EC , TC. p� ofross7ontd rWcitW=1, s k Iaud $urreywi+ . 0,014 Cgaa•M lt^�Z T.d Yrrrw�a%.Ulm UeU IYMIII. 7r100 l&.6-C3 L[ta•t.n Nli,ly�at�•[.^ i171ro1•ha Wl)a:�J,tl.F...glq 1#t•c to Cww4..s a I �.1n..aKn� Nn. i11 S(6t M.l 1J LYa mojrty 14AME -DRAM0 TIRE ,,i• TERAFINA P.U,D, SECTION 18, T 48S, R 25.E Flow Wary Agreoment -�- Exhibit B ORN 9Y: kop CT We.; 7883 DY; lCAllE NMIE' IN IA E I F T 1 JFX, O i ,XO ILE No SC low I SHUT1 01' Ej I I ��, t� FRAM RGNoLl BARBER bRLjir---4-jE RUNE N0. lw J;Wv • "' .I 1 i1 1r 1 OLDIE CYPRE S PROJECT M LOCATED IN: TOWNSHIP 48 SOUTH RANGE 26 EAST SECTION x1 TOTAL PROPERTY = 500 Ac.t o Soo 1000. 2000 SCALE IN FEET Agenda Item No. 81 November 28, 2006 Page 439 of 513 APR. 30 ---W1 04: "-PM P4 "PIP, & RUriDAGE, INC- hu gal CafIVCw+p l+ie S5.?N.•1i\.i•1. VL•1M d�D4-RAl Dltl 11-Ml iw O.nn li7F lf.Jry Fr.M • L M14" vAM K104113$74111 •fuI1 M�4 1w � rtr G..d6a41 �[MUUrlt+�w fMt.11i 6LGtudfm SrN OLDE CYPRESS SECTION 21, T 488, R 26 E Flow Way Agreement Exhibit C 1 11A1£1 0i /.30!01 f UHAiNNG FLU No.: - - -J A 7 t "PIP, & RUriDAGE, INC- hu gal CafIVCw+p l+ie S5.?N.•1i\.i•1. VL•1M d�D4-RAl Dltl 11-Ml iw O.nn li7F lf.Jry Fr.M • L M14" vAM K104113$74111 •fuI1 M�4 1w � rtr G..d6a41 �[MUUrlt+�w fMt.11i 6LGtudfm SrN OLDE CYPRESS SECTION 21, T 488, R 26 E Flow Way Agreement Exhibit C 1 11A1£1 0i /.30!01 f UHAiNNG FLU No.: - - -J !OXA S-1-11 f , T FA *jjw#l=o%lAfVZ III I^II If lflll�� Agenda Item No. 81 November 28, 2006 Page 441 of 513 STAFF REPORT DISTRIBUTION LIST TERAFINA PUD Application No: 030709 -15 Permit No: 11- 02055 -P INTERNAL 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 GOVERNING BOARD MEMBERS - Mr. Harkley R. Thornton - Mr. Hugh English - Mr. Kevin McCarty Mr. Lennart Lindahl Mr. Michael Collins Mr. Nicolas Gutierrez, Jr. Ms.lrela Bague Ms. Pamela Brooks- Thomas Ms. Trudi Williams EXTERNAL: DISTRIBUTION X Permittee - Glh Development Ulp X Engr Consultant - Hale Monies Inc GOVERNMENT AGENCIES X Collier County -Agricultural Agent X Collier County Engineer Engineering Review Services X Div of Recreation -and Park - District 8 - FDEP X FDEP X Florida Fish i3<. Wlldll(e �Conssrvatign Commission - Bureau of Pro�edl;4d'Spapfes,Adbi af' OTHER INTERI STED PARTIES X Audubon of Floridal�- Charles Lee X Florida Wildlife Federation - Nancy Anne Payton X Leonore Reich X Mirasol Development LLC X PMS, Inc. Karen Bishop X S.W.F.R.P.C, - Glenn Heath X Water Management Institute - Michael N. Vanatta Agenda Item No, 81 November 28, 2006 Page 442 of 513 G'�O'rnris n� ` REPLY O 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) 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 work, 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 Lawrence C. Evans Chief, Regulatory Division Enclosures Copies Furnished: RECEI V 'p Reading File, CESAJ -RD -PE NOV 0 2 2003 Agenda Item No. 81 November 28, 2006 Page 443 of 513 sTATf.K O� F REPLY TO DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 1620 ROYAL PALM SQUARE BOULEVARD, SUITE 310 FORT MYERS, FLORIDA 33919 &TTENTION OF JUN 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 SAJ- 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 No. 81 November 28, 2006 Page 444 of 513 -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, JACKSONVILLE 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 Enaineer sians 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.V Agenda Item No. 81 November 28, 2006 Page 445 of 513 -3- Should you have any questions, please contact Mr. Tunis McElwain at the letterhead via electronic mail at Tunis.w .McElwain @saj02.usace.army.mil, or by telephone at 239- 334 -1975, ext. 31. Sincerely, I� Lawrence C Evans Chief, Regulatory Division Enclosures -u Copy Furnished:(w /o encls) Passarella and Associates, Inc. Agenda Item No. 81 • ••.yl1A .•• ,..' .. :.. 7 nn'q'Y $i:: g g ..t {fiv 'Q' .:. <S.v•: ws ;:( �a;G> oY t fioft nt`o',:: •:;p�4:. • kd' .•7 kf { ...:Y. s '•fie'' i{ dfi } ' 1R ' : ' .:. r,r�..ar{x :a ,n} o; tt f.• fan :. •..?+r• . , ASS• .. °<L'..� .7 2;c. r i` •'.r;` <:Sx. 1,. Cy .'A.. eY'iC ?...}c x.:.i ;}} x'" v •$ • : t' Y •S..'S:• \,$; cy;, 7Sq'aw6,.';2'3..:;;.,;{ , Applicant. G.L. Homes of Naples File Number: SAJ- 1996 -3501 Date: W2106 Associates II, LTD. Attached is: See Section below X INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E Y%5��}}�,�p •:�}curr xtx t .ar . <. ;c• . +r.. y s y� r• • c}:;:rx: � atcr. ,,.:: wat ro.-.},o-d A # } ,g .�i#h� �;y ,x��� y� i.e.' t ryj� {•'jti •• .Fn }�[ry ;�• li}4t4•'�fW . 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A: INITIAL PROFFERED PERMIT: You may accept or object to the penu it. • ACCEPT.• Ifyou received a Standard Permit, you may sign the perinit document and return it to the district engineer for final authorization. Ifyou 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 you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return lie 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: (a) modify the pernut to address all of your concerns, (b) modify (lie permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, (lie district engineer will send you a proffered pernut for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the pernut • ACCEPT: Ifyou received a Standard Permit, you may sign the pernut document and return it to the district engineer for final authorization. Ifyou 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 you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered pernut (Sta- ndard or LOP) because of certain terms and conditions therein, you may appeal the 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. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of (he date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT.• You do not need to notify the Corps to accept an approved JD. Failure 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 all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form Lund sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request gun approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD, Agenda Item No. 81 November 28, 2006 Page 447 of 513 REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clew' concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the adnunistrative record, the Corps tnetnorandutn for the record of the appeal conference or meeting, and uiy supplemental information that the review officer has detennined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you nnav provide additional information to clarify the location of information that is already in the administrative record. t, -y . .. _.. _.... peal if you only have questions regarding the appeal process you may If you have questions regarding this decision and/or the ap process you may contact: also contact: Project Manager as noted in letter Stuart Santos 904- 232 -2018 RIGHT OF ENTRY: Your signature below gmunts the right of entry to Corps of Engineers personnel, and any govertunent consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date; I Telephone number: Signature of appellant or agent. Agenda Item No. November 11• Page 4 of DEPARTMENT OF THE ARMY PERMIT 41S��ttT OF O� ���3T �F d ;Ilt • Q fM' 4rA1'fF O5 P Permittee: G.L. Homes of Naples Associates II, LTD. 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 US 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 -TWM) 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 26 117'42" N, Longitude 81 142'48" W Agenda Item No. 81 November 28, 2006 Page 449 of 513 SAJ -1996 -3501 (IP -TWM) Terafina 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. 81 November 28, 2006 Page 450 of 513 SAJ- 1996 -3501 ([P-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. 81 November 28, 2006 Page 451 of 513 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 SAJA996 -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 2 Agenda Item No. 81 November 28, 2006 Page 452 of 513 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.flepRc.orq/). 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 Branch, 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. 81 November 28, 2006 Page 453 of 513 SAJ -1996 -3501 (IP -TWM) Terafina 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 210 -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 (130) under ESA Section 7, with "incidental take" provisions with which you must comply). The enclosed U.S. Fish and Wildlife Service (FWS) BO contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that is also specified in the B0. 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 BO, which terms and conditions are incorporated by reference in this permit. Failure to comply with the terms and conditions 6 Agenda Item No. 81 November 28, 2006 Page 454 of 513 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. 81 November 28, 2006 Page 455 of 513 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 with the terms and conditions of your permit and for the initiation Agenda Item No. 81 November 28, 2006 Page 456 of 513 SAJ- 1996 -3501 (lP -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. 81 November 28, 2006 Page 457 of 513 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. ' k') OG ((PE MITTEE) (DATE) (TYPE OR PRINT PERMITTEE NAME AND TITLE) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (_*Roert T ENG (DATE} Carp er Colonel, U.S. Army District Engineer 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 Agenda Item No. 81 November 28, 2006 Page 458 of 513 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) G.L. Homes of Naples Associates II, LTD. 1600 Sawgrass Corporate Parkway, Suite 300 Sunrise, Florida 33323 PERMIT NUMBER: SAJ- 1996 -3501 (IP -TWM) DATE 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 26 017'42" N, Longitude 81 042'48" 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 - PRINTED/TYPED) (NAME AND ADDRESS (CITY, STATE, AND ZIP CODE) - PRINTED/TYPED) (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 Agenda Item No. 81 November 28, 2006 Page 459 of 513 oAJ- 1996 -3501 O P -TWM ) "rerafina ATTACHMENT A.: PERMIT DRAWINGS 12 Sheets dated March 17, 2006 d +; ts PROJECT LOC''ATMN d +; ts d Agenda Item No. 81 November 28, 2006 Page 461 of 513 # i # a + # # # a # # # + # i ► # i + # + + a # # # # # # # # # + # a ♦ + # # # # + + + # # + # a # + # # + # # # # # # + # + # + # + # # + # + # + # + + # + # # i # + a + # + # + ► # # # # # # # # # # # # # # # # # # # # # # # a O # # + # # + + + # too + # + + + + a + # a # # # + a # a # + # eu Ln a a # + # a zz a� i i # + + a ,o / # i + •► # aC„y a •� a i a + # i i # # + a Q # w # > # ► # + + # # + # # + + # # ip # +1 + 0 + + + + + + + z U # + # # + # _j _j + # + + ► + do to + + J ti N N 0 O O O n CO N It N 1 w a 2 Q U V) © cn C N M O ,1 Do to M a a U U — q Q U A o m a z z ° T, > Q Lu LU a a a a z w w w o (— S E C� Q z z C) d uj U 7 J O 0.. rL Q S Z0 mg z '' 0 5 ~a ° i 3 3 w �o Wed O O LO p N wo J u .'�. 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M N p LLJ Cam" Q cu U) NI to O C/) O f so cV so Z x d a rZ U) Q ti n M �D O z N �j O T 1 j co to !n Z Q U Q r o m a Z z Y w W d z lt_ to d W W Li J E l7 d Z F- � z U a W U '7 J O 4 IL Q An * 07/29/2004 13:52 TEL S2542088 N tt LAND DEVELOPMENT Nover iberOP Z0 6` Page 473 of 513 PERMIT NO: 11- 02055 -P PAGE 2 OF 10 RVZCIA.x. 04YATTIMS 1. The construction phase of th:ia permit shall expire on April 11, 2007. 2. Operation of the surface water management system shall be the respon6ibility of wiLDEWooD LAKUs HOMEOWNERS ASSOCi;ATTON, The p,lrmjttae shall submit a copy of the recorded deed restrictiona (ar declaration of condominium, if applic&ble), a copy of the filed articles of incorporation, and a copy of the certificate of incorporation for the association concurrent w -ith the engineering certification of construction completion. 3. Operation of -the flowway channel shall be the responsibility of Mirasol Community Development Dixtriot. Any pe:oposod amendment to the association or CDD documents which would affect the surfilce Mater management system cr the maintenance of the channel ttutst be submitted to the District for a. determination of whether the ame>,ndnerit: necessitates a modification of the Environmental Resource or Surface Water Management permit. The dateeudment affecting the surface water management system or the maintesnance of the cha2nel may riot be finalized until any necessary permit modificaition is approved. 4. Discharge Facilities: 5tructurei 1 1 -3" W X 24" H RECTANGUIJFR ORIFICE weir with crest at elay. 14.1' NGVD. 1 -49" W X 6" H RECTANGUIJJk ORIFICE with invert at elev. 13.4' NGVD. 2 -29" r 45" REINFORCED CONCRETE PIPE culverts each 5517' long. Receiving body : C000hatohetc>t Canal Control elev : 13.4 feet NGVD, /13.4 FEET NGVD DRY SFASON. 5. The perYnittee shall be respansible .fo.: the correCti= Of any erosion, shoaling or water quality problems that .reaull: from the construction or operation of the surface water management system, 6. M4asutes shall be taken during construction to insure that sedimentation and /or turbidity .gxoblems axe, not. c seated in the receiving water. I. The District reserves the z _ght _o require that additional water quality treatment methods be incorporated into the drainage system if suoh measures are shown to be necessary. 8. Lake side slopes shall be, no steaper than 4:1 (horizontal: vertical) to a depth of two feet balow the control. elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot abov.> control ealevation to insure vegetative growth, unless shown on t.ne plans. 9. Facilities othter than thoses stated herein shall not be constructed without an approved. ;modification of t:hia permit. 10. A stable, permanent and esCCas!sib.ie elevation reference shall be established on or within one hundred (1.00) feet of all permitted discharge structures no later than the submission of the cert:if.tcation report. The location of the elevation reference must be noted on or wwth the certification report. 07/29./2004 13:52 TEL 92542099 N hi LAND DEVELOPMENT IVoenjj� q).N 001 Page 474 of 513 PERMIT N0; 11- 02055 -P PA ©E 3 or 10 11. The pextmU:tee shall provide rou+_ihe maintenance of all of the components of the surface water management sysstem in order to remove all trapped sediments /debris. All matlarials shall be proper :ly dimpos(ad of as :squired by law, Failure to properly maintain the system may re3sult in adverse flooding conditions. The coramexcially available oil /water separator structure for the golf course clubhouse shall be maintaine-;l / cleaned as required by the manufacturer's recowtendation;s, lsut no lesa than once per year. During periods of heavy rainfall and /or heavy traffic volume, the unit shall be cleaned more frequently. Plaintenarice /inspection records sliall ba maintalned and furnished to the District, Upon request. 12. Minimum building floor elevation: BASIN: SITE - 16,40 feet NGVD. 13. Minimum road crown elavati.on. Basin; SETE - 16.20 feet NGVD. 14, Minimum parkiriq lot elevat ;io.11 B&Sins PITE - 16,20 feet NGVD. 15. Spoil generated from the excavation of the flowway must be placed on an upland or wetland in.pact location a:t authorized by this permit. 16, The channel shall be constntcteed without dawatering as indicated in the application submittal. 17. No work shall occur within the District's right - -of -way until all necessary right -of- way occupt,ncy permit: are oatained authorizing the proposed work in the District's right -of -way, 16. No later than May 31, 2002, the pe<rmittee shall provide to the District the Cully executed -and recorded drainage, ingzess /egress, and maintenance easement dedicated to the Mizasol development. In addition, no fill shall be placed within the devel4praent portion Of Wildewood :Lakes until the easement has been recorded and the flowway within the eastern portion of Wildewood Lakes has been constructed. 14. Prior to the commencement of c :orastruction, the permittee shall conduct a pre - constru(=tion meeting with field representatives, contractors and SFWMD Environmental Resource. compliance staff fz•orn the Ft.. Myers +)ffice. The purpose of the meting will be to divtuss construction methods and sequencing, particularly regarding the type and location of turbidity and erosion controls to be implemented during construrtion, and the mobili;;ation and staging of contractor equipment, construction dewater:ing, eoordin.ai;ion with other entities on adjacent construction projects, wetland /uplancl /buffer protsecnicn methods, and endangered species protection with the permittr•.e and contractors. 20. Prior to the commenc+ament of construction, the perimeter of protected wetland/upland/buffer preset :vatic:n areas, including connector preserves sliall be staked /roped /fenced to pri;vent encroachment into the protected areas, The permittee shall n0t:ity the District's Enviromnental Resource compliance staff in writing upon completion of $tak1nt1/rop1n4; /ienc;:Lnq and schedule an inspection of thia work. The staking /roping /fencing shall be subject to District staff approval. The permittee Shall modify the StiLking /roping /feancing it District staff determines that it is insufficient or is no': in - onfoi.mance with the intent of this permit. Staking /raping /fencing shall re :;rain in place until all adjacent construction activities are! complete. 07/29/2004 13:52 TEL 92542099 N M LAND DEVELOPMENT Nover Y �''' `2`006 Page 475 of 513 PERMIT NO; 11- 02055 -F PAGE 4 or 10 25. Silt sere.j,ns, hay bales, tu:rbidity ac:ceens /barriers or other such sediment control measurea shall be utilized during construction. The selected sediment control measure zhall be installed landwaerd of all protected wetlands, uplands, buffers and connecter preserves, and shall be properly "trenched" etc. All areas shall be stabilized and vegetated .imnodiately after construction to prevent erosion into the protected wetlands, uplands and buffer zones. 22. Endangered speecieas, t.hs:aaterod spaciox $pd /or species of special concern have been observed onsitr, and /or the projetzt containo ouitable habitat for these species, It shall be the :permittee's retspon- tibility to coordinate with the F109 .da Fish and Wildlife Conservation Commission and /or the U.S. Fish and wildlife Service for appropriate guidance, reconmtendat:.ions and /or necessary permits to avoid impacts to listed :species. 23. The permittee shall coreply with the provisions of the fox squirrel habitat management plan approved for the: project site in accordance with Exhibit No. 83. Prior to initiating construction activities, the site shall be surveyed for the presences c +E active F3_ig cyprass fox squirrel nests. A 125 foot radius undisturbed buffer must be maintained around al -1 active nests. 24. The wetland preserveat _ion /en)zsncctn.ent areas, upland preservation /enhancement areas, connector preserves, flow -way conveyance and buffer zoneas (collectively called conservation areas) .shornt G11 E9111bit 70 as preservation arras may in no way be altered from their natural or permitted state, Activities prohibited within the conservation areas include, but are not limited to: construction or placing of buildings on ox above the ground; dumping or placing soil or other substances such as trash; removal oz destruction of trees, shrubs, or other vegetation - with the exception of exotic vegetation removal; excavation, dredging, or removal of soil materials; diking or fencisrV; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlit® habitat conservation or preservat {.on. 25. Wetland preservation /enhancement ar9ae5, upland preservati on/ enhancement areas, flow - way conveyance,, and buffe =r Zones (collectively called conservation areas) shall be dedicated as conservation a•,nd common areas in the deed restrictions/ conservation easements as nve-�ll as on the plat if the project will be platted. restrictions for use of the conservation/ Colktlon areas ;shall stipulate; Thee w®r,land Upland buffer zones, and /or upland preserveatipi't arses are heieaby cl¢cticated as conservation and common areas. Tha conservation /common aerecas shall be the perpetual responsibility of the Wildewood Lakeo Hume.cwnerz A9aociation (for the flow -way channel Mirasol Community Development District: is responsible) and m!.y in no way be altered from their natural or permitted state as d,acuntetnted in the permit file, with the exception of permitted restoration aec:tivities. Activities prohibited within the conservation areas include,, but axe nor limited to: construction or placing soil or other substances such as trnsh; removal or destruction of trees, shrubs, or other vegetation - with the excepw,i.on of exotic /;nuisance vegetation removals excavation, dredging, or removal of soil materials diking or felcingi and any Other activities deatrimgntal to drainatirs, fla < >d Control, wager conservation, erosion control, or fish and wildlife habitat conservation or pl:estrvation. Copies of recorded documents ahatll kie submitted to the District's Environmental Resource: Compliance sta£i: ccincurrently with engineering certification of construction completion. 26, (A) No latex; than July 11, : >002, the permittee shall submit for review and approva two (2) copies of the folloW.ngi 07/29/2004 13:53 TEL 92542099 11 M LAND DEVELOPMENT NoveterZ8, 1Ufl6 PERMTT NO: P.f fOJ7A ?f P13 PAGE 5 OF l.o 1. Project map identifying conservation areas 2. Legal desaription of i:onaerva•tion aireas 3. Signed conservation easements 4. S,eal.sd boundary su:cveys Ot c0nservAr-.on easements by a professional land surveyor 5• 4'i +_lc Insurance commitment for conservation easement naming the District as bene£ic:iauy uea.ng approved Ve.luat.ion 6. GI5 disk (with state planar coordinates) if available The above information shall be submitted to the Natural Resource Management Post Permit Compliance staff in the District $srvice Center where the application was submitted. (B) The real estate information Xeferenced in paragraph (A) above shall be reviewed by the District: in accordance with the District's real estate review requirements in the At:taChed :exhibit 82. The easements should not be recorded until such approval is received. (C) The pei2aittee sha].l record conservation easements over the real property designate:c as preserve area on attaehead Exhibit 70. The easements should be granted free of ellcumbxances or interests which the District determines are contrary to the intent of the easements. The rons,irvation easements shall be granted to the District using the appxovsd form e.rtached as Exhibits 77 -81. Any proposed modifications to the approved f'01:m Must receive prior written consent from the District. (D) The permittee shall. V,(Cord the conservation easements in the public records within 14 days of receiving the 'oistrict,& approval of the real estate information. Upon recordation, the permittee shall forward the original recorded easements and title insurance policy to the natural Resource Management Post permit Compliance staff in the District Service Center where the application was submitted. (E) Hn the event the conservation easement real estate, information reveals encumbrances or intarest:s in the easements which the District determines are contrary to the intent of tA9 ea,aements, the permittee shall be required to provide release or subordination. c:C suc:h encumbrances or interests. If such are not obtained, the ;permittee sha:.l be required to apply for a modifioAtiO4 to the permit for alternative acceptable rr;i.tigation. 27. A Miticiation program for Wildew,.ed hakes shall be Implemented in accordance with Exhibit Nos, 25 -70. The permittee shall enhance 250.10 acres of wetlands and Preserve/enhance 29.1.5 acreu of Upland compensation areas. Although not calculated as mitigation, this acreage includes the wetlands and uplands that will be converted to a flora -way conveyance lend are subject to the design and plantings shown on Exhibits 68 and 66. In addition to the above preserved enhancement areas noted above, several additional areas contribute to the overall preserve area of Wildewood Lakes, and even though these areas are subject tc enhancement activities and replanting activities as discussed in the staff report and mitigation plan, these areas are not considered mitigation areaais. These areas include: }11.95 ea( --es Connector preserves consisting of 9.S7 acres of wetlands and 2.08 acres of upland that will be prescarved and enhanced. All of the above areas are <:+ >il.ec,tivel•y called conservation areas. 28. No later than July 31, 2002 And p:cior to the initiation of construction activities in wetlands, the permittee .hall provide a mitigation payment oL 51,OO1,000.00 to 07/219/2004 13,53 TEL 92542099 II M LAND DEVELOPMENT Agenda Item No. 81 Novet729,12006 Page 477 of 513 PERMIT NO: 11- 02055 -P PAGE 6 OF 10 the Disti:ict'a wetland mitigation fund for the acquisition, enhancement and management: of lands within CREW ($481,904.00 for acquisition, $437,206.00 for enhance:mer.t and $92,390.00 for pes :petual management), payment of the mitigation fee is an enforceable condition of this permit subject to District compliance rules. The mitigation fee was Calculated at the rate of $6,500.00 per Acre of mitigation. Late payment of mitigation Laos may be subject to a higher mitigation cost per acre, as those costs are periodically adjusted by the District in accordance with " "full cost aocounting" practices, Incorporated by reference is Stipulated Conceptual Uttlement Agroement dated July 27, 2000 onter*d pursuant to Section 70.51 Florida Statutes, 29. A time zero monitoring risport for Wildetwood Lakes shall be conducted in accordance with Exhibit Nos. 25 -70 far all preserved/ enhanced wetlands and uplands, upland buffer zones, connector preserves and the £low-way conveyance. The plan shall include sA aurvoy of the areal exeent esnd acreage of the enhanced areas and flow -way conveyances, and panoramic photo ;,raphs+ for each habitat: type. The report shall review axotic removal activities and replanting activities. Replanting activities shall include a de tcr:iption of planted species, sizes, total number and densities of each plant; species within each habitat type. 30. A monitoring program shall. be implemented in accordance with Exhibit Noa. 25 -70. The monitoring progreim shall. exte:xtid for a period of 5 years with semi- annual reports for the firat two years and annual reports thereafter submitted to District staff, 31, A maintenance program shall be implemented in accordance with Exhibit Nos, 25 -70 for the prasesrved /enhanced wetland andupl.and areas, upland buffer zones, connector preserves, and the flow -way conveyance on a regular basis to ensure the integrity and viability of those areas ms pe) :mitted. Maintenance shall be conducted in perpecuit,/ to ensure that th_ conservation areas are maintained free from Category 1 exotic vegetation (as delined 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 maintena)ioe activities, In add.lt:ion, the peermittee shall manage the Conservation areas ouch that exorio /ruis;ance plant species do not dominata any one section of those areas, 32, Aetiviti.asr. associated with the impItmentation of the mitigation, motoring and maintenance plan(m) shall bo complcted in accordance with the work schedule attached as Exhibit No. 94. Any d-evlation from these tilne frames will reguira prior approval from the District's Envi,:orrmental Resource Compliant® staff, Such requests must be made in writing and shall include (1) reason for the change, (2) proposed start/finish and /or comp,tiaL.ton deLten; and (3) progress report on the status of the project development oz mitication effort. 33. No lattar than July 31, 2002 and prior to the commencement of conscructi.on, the permittee shall provide am original letter of credit in the amount of 4500,000.00,to *nsure the permitteo's :.in.encia.l ability and commitment to complete the proposed mitigation, monitoring and maintenance plan as shown on Exhibit No. 25.70 The letter of credit shall be in substantial conformance with Exhibit Nos. 71 -76. The letter of credit shall rayo&ln in effect for the entire period of the mitigation and monitoring program. Notification of ,-he District by the financial institution that the letter of credit will not be renewed or is no longer in effect ,shall constitute non- eorp.liance with the peruLt. 34, The permitteee shall be responsikile for the successful completion of the mitigation work, lrmludi.ng the monitc:;ing and maintenance of the mitigation areas for the duraticn of the plan. The mitigation area shall not be turned over to the 07/29/2004 13 :54 TEL 02542099 If If LAND DEVELOPMENT Agenda Item No. 81 NoveW' G,12006 Page 478 of 513 PERMIT NO r 11-02055-P PAGE 7 Or 10 Operation ofttity until, the mitigation work is accomplished as permitted and District Environrnenl.al Resource Compliance staff has cancurred. 35. Permanent physical markars designating the preserve status of the wetland Preservation areas and bUffOr zones shall be placed at the intozaection of the buffer and each lot Tina. These markers shall be maintained in perpetuity, 35, The delineation of then exterfl, of wetlands and /or other Surface waters located within the limits of proposed develcipment shall be considered binding. Agenda e ,f�Q 03/17/2004 16:50 TEL 92542099 H M LAND DEVELOPMENT Nnvemb ''2288'' 22UUtt1x �5 Pa e 479 of 513 PERMIT NO: ll -'0 2055 -P "^ PAGE 2 OF 7 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 theresponsibility Within one year of permit issuance or TERAFINA HOMEOWNERS ASSOCIATION, INC. concurrent with the engineering certification of constou the nrecordedtdeed whichever comes first, the permittee shall u mit e), a copy of the filed restrictions (or declaration of condominium, PP iicab articles of incorporation, and a copy of the certificate of incorporation for the w association. 3. Discharge Facilities: Structure: Outfall 1-80T WIDE RECTANGULAR NOTCH weir with crest at elev. 13.6' NGVD. 1_5' W g .4' H RECTANGULAR NOTCH with invert at elev. 13.4' NGVD. Receiving body : Cocohatchee Canal via the Mirasol Flowway. Control elev : 13.4 feet NGVD. /13.4 FEET NGVD DRY SEASON. r t s o result from r y erosion, the construction or operation of shoaling or 4. The permittee shall be tha the water quality problems 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 the right to require that additional water quality treatment o the drainage system if such measures are shown to be methods be incorporated int necessary. 7. bake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet eetlbelowetooI elevation . at on t shall be nurtured or growtha from unless shown on the plans. without ar% Cociiitiegcrli other aGatiton ot those this' perm t.r�A permit a modification shall bedobtaine�d for approved• m f - any improvements within the clubhouse�'site: 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 submission of the certification report. The location of the elevation the 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 of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 11. This permit is issued base adverseh water resource related dimpactsm i11n not be reasonably demonstrates that caused by the completed permit activity. Should any adverse impacts caused by t e 03/17/2004 16:50 TEL 92542099 H ht LAND DGVELOPXENT completed surface water management system occur, the permittee to provide appropriate mitigation to the party. The District will require the permittee to management system, if necessary, to eliminate the cause Agenda �n$I Novemb , ZOD� k,RMIT NO: 1a9020550 p 513 PAGE 3 OF 7 District will require the )istrict or other impacted modify the surface water of the 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. 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 copy of the agreement between the permittee and Mirasol development, relating to maintenance and operation cost sharing for the Mirasol 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'staff. 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' remainder of the monitorin; program, with .rc.pjanting as neczssar.y. If native wetland, transitional, and uplwnc! �!pe,.aies de not 'achieve an 30% coverage wi -thin .the .initial two years of the monitoring p tb.gram; . 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 60% 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 acres 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 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 Agenda item No. 81 03/17/2004 16:51 TEL 92542099 H M LAND DEVELOPKENT Novemb fZtM Pm 481 of 513 :ERMIT NO; 11- 02055 -P PAGE 4 OF 7 permit. 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 acquisition, enhancement and management of lands within CLEW. 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, monitoring and maintenance plan(s) shall be completed in accordance with the work schedule attached as Exhibit 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 trep change, the --px oposed start /finish and /or completion dates; and (3) progress status of the project development or mitigation effort. 26. A maintenance program shall be implemented in. accordance with Exhi dbit No. lanes, 3.7f for the preserved /enhanced wetland and upland areas, up connector preserves, and the flow -way conveyance on a regular basis to ensure the lntegxity 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 defined atel Florida folowing Exotic maintenance Council at the time of permit issuance) Y of exotic and nuisance activity. Coverage plant species shall not eexceed 10t a f total cover between maintenance activities, In addition, the p manage the conservation areas such that exotic /nuisance plant species do not dominate any one 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 Exhibit No. 3.7a - 3.7f. The letter of credit /bond shall be in substantial conformance thenc xhshallN also lestabli h ca When a performance bond is established, the permittee standby trust fund for deposit of all payments under bond. The letter of creditlbond shall remain in effect for the entire period of the mitigation and monitoring program. Notification of the District by the financial institution longer in effect shall that the letter of credit /bond will not be renewed or is no constitute non- compliance with the permit. Agenda Item No. 81 November 28, 2006 Page 482 of 513 SAJ -1996 -3501 (IP -TWM) Terafina ATTACHMENT C: SPECIAL CONDITIONS On -site and Off -site Compensatory Mitigation Plan (29 Pages) Agenda Item No. 81 November 28, 2006 Page 483 of 513 TERAFINA WETLAND MITIGATION /MONITORING/MAINTENANCE PLAN CORPS APPLICATION NO. 199603501 Revises! Mat-ch 17, 2006 INTRODUCTION The following outlines the wetivid mitigation, monitoring, and maintenance plan for the 646.551 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± 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± acres includes 153.971 acres of wetland enhancement through hand removal of exotics; 104.97± acres of wetland enhancement through mechanical removal of exotics, grading, and planting; 22.51± acres of upland preserve with supplemental planting; and 2.531 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 project site. The off -site mitigation includes the purchase and restoration of 154± acres of CREW land through the SFWMD's Save Our Rivers program and the purchase and restoration of 1071 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 wetland mitigation plan includes the establishment of five interconnected preserves totaling 73.98 acres within the western portion of the development, a large 210± acre preserve on the eastern third of the property, and a created wetland preserve buffer between the development, and the large eastern 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± acre preserve on the eastern third of the property, As part of the 210± acre preserve, 104.971 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 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. Passarella and Associates, Inc. I of 8 903GLH856 Revised 3/17/06 Agenda Item No. 81 November 28, 2006 Page 484 of 513 The welland 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± acres of wetland enhancement through hand removal of exotics, 104.97± acres of wetland enhancement through the mechanical retnoval of exotics, 22.51± acres of exotic vegetation removal and planting within the upland preserve, and 2.53± 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 rase - 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 12 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 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 1, 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 Associates, Inc. 2 of 8 #03GLH956 Revised 3/17/06 Agenda Item No. 81 November 28, 2006 Page 485 of 513 Table 1. Supplemental Planting List Mechanical removal of exotics (104.97± 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 will be planted using ill be 436 plants per acre and plating densities for ground cover Plantings densities for trees will be 4,840 plants per acre, Table 2. Planting List for Mechanically Cleared and Graded Areas 3 of Passarella and Associates, Inc. 903GLH956 Revised 3117106 Agenda Item No. 81 November 28, 2006 Page 486 of 513 Table Z. (Continue(l) 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 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 boundary, 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 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 10 -foot centers immediately east of the tree row. Trees and shrubs will be planted in accordance with Sheet 12 of 12 of the permit drawings. MITIGATION SUCCESS CRITERIA 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) At the end of five years, wetland mitigation areas will contain at least 85 percent cover by desirable obligate, facultative 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 Passarclla and Associates, Lic. 403GLI.1856 Revised 3/17/06 4 of 8 Agenda Item No. 81 November 28, 2006 Page 487 of 513 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 Monitoring Methodology The proposed monitoring of the wetland slid 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 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 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 stratum. To facilitate an intensive, accurate, acid 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 lm 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 Mace- oinvertebrate Monitoring Qualitative sampling of fish and aquatic macroinvertebrates along wetland transects will be - conducted using a standard D -frame aquatic dip net, mesh size 1,0 mm. Sampling will be 5of8 Passarella and Associates, Inc. #03GLH856 Revised 3/17/06 Agenda Item No. 81 November 28, 2006 Page 488 of 513 conducted along vegetation monitoring transects with a minimum of 2 cm, standing water. The collector wilt work (lie 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 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, 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 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. • Panoramic photographs taken at photo stations within the enhanced wetlands and upland buffers. • Staff gauge and available local rainfall data. Passarella and Associates, lnc. €l03GLH856 Revised 3/17/06 6 of 8 Agenda Item No. 81 November 28, 2006 Page 489 of 513 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 clearing, agricultural activities, or other construction work whatsoever, except those activities described in this mitigation plan. MAINTENANCE AND LONGTERM 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, Passarella and Associates, Inc. -- 7 of 8 403GLH856 Revised 3/17/06 Agenda Item No. 81 November 28, 2006 Page 490 of 513 REFERENCES Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New York, New York. 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Q Agenda Item No. 81 November 28, 2006 Page 502 of 513 n� 0 w Q r Agenda Item No. 81 November 28, 2006 KERI AD (CR 8 2 1 �I 6 � `6 [, 3 '\ 0 9 10 II Iz ROJ CT L C� I`I SEC 23, 4, TWP 4 S, RG }� IA 17 16 k5 !7 ' N 16 15 14 G� -- 21 22 23 g �J `J ..__ - - -- (CR 830) 28 27 26 9• _ co 32 33 L. -T T PROJECT NAME: TERAFINA HENDRY COUNTY MITIGATION PARCEL 3 s APPLICANT: G.L. HOMES 19 20 1 21 1 22 25 - 1 30 ` 29 1 2� n � 27. 36 31'2 t,- HENDRY OUNTY �- COLLIER COUNTY PRO7No. CATION MAP DW3GLH856 -01 DRP.F.RE 33 SHEET: I OF 4 DATE: 119/04 SCALE: I" =500' i k� 1 y a`N V SCALE: 1' - 500' W W W f439E1 V W W W W y 16.11 AC 11 W W W W W W W W W W W w W W W w {411E1 W W W W W W W (16,6Y AC.f)w W w W w W W W w w w W W W w W W W w w 0360E1 W W W W W W W w W W 0. 61 A-) w W w w w W W y W w W W w W w W W W W W W W W W 43 9E 1z.01 A4.f) y W W W W W W 4291E1 72 4N9E1 At0 W y w W W W W W w y W W W W W W 6 39E1 w W W W V W W W W W y y y y w W W W W W y W w W W w W W w w W W W W W w W W W W 4749EI W w W W W W W '4'29.40 A4 t) W {419EI W w W (le.L3 Acf14 w w W W W W W w W y W W W W W y y w W w 429 El w w w y W w IW.17 A<.W) 70o W W W W (1,60 Ae.a) w W W w y W W 4391Ef' y' W W W W W W W (I.77 A-) y PROJECT NAME: TERAFINA HENDRY COUNTY MITIGATION PARCEL 1 APPLICANT: G.L. HOMES Agenda Item No_ 81 November 28, 2006 LEGEND: JCOE WETLANDS (aD.ss Ac. :) PLUCFCS W W •,• CODE 211 pESCRIPTION IMPROVED PASTURE ACREAGE o419D 600 RANGELAND 4.b Ac.= (IM A-) IN 62{1E! 1.60 Ao.x 1.5% (4.49 A4.0 1.42 AC H 67.92 Ac.z 4I9ip 4291 E1 WAX - MYRTLE, W0.LOW, HYDRIC. DISTURBED (0-24% EXOTICS) 0.411 Ac.. (0, 41 4640 E7 661 6.69 AO.z 2.91 A0.X 6.2% 0269 E7 A 46 G.t W W 2,7;4 6419 E1 FRESHWATER MARSHES, DISTURBED (0- 24 %EXOTX81 W W W 2a% 640D EI 427/621 w 45A% TOTAL 2.00 A0.• 1.9% W W W w Loop% w 6119N w U0.19 A0.1) W W W W w ,1, y w {2698 10,41 A4. w W W W W V V 'Y 4U4E1 `4' W 6439E1 w 11!.67 A-) 9.60 44.11 W W W W W W W W w W W W w W W W W y y w W w W W w W w W y y W W yam. W W W W f439E1 V W W W W y 16.11 AC 11 W W W W W W W W W W W w W W W w {411E1 W W W W W W W (16,6Y AC.f)w W w W w W W W w w w W W W w W W W w w 0360E1 W W W W W W W w W W 0. 61 A-) w W w w w W W y W w W W w W w W W W W W W W W W 43 9E 1z.01 A4.f) y W W W W W W 4291E1 72 4N9E1 At0 W y w W W W W W w y W W W W W W 6 39E1 w W W W V W W W W W y y y y w W W W W W y W w W W w W W w w W W W W W w W W W W 4749EI W w W W W W W '4'29.40 A4 t) W {419EI W w W (le.L3 Acf14 w w W W W W W w W y W W W W W y y w W w 429 El w w w y W w IW.17 A<.W) 70o W W W W (1,60 Ae.a) w W W w y W W 4391Ef' y' W W W W W W W (I.77 A-) y PROJECT NAME: TERAFINA HENDRY COUNTY MITIGATION PARCEL 1 APPLICANT: G.L. HOMES Agenda Item No_ 81 November 28, 2006 LEGEND: JCOE WETLANDS (aD.ss Ac. :) PLUCFCS CODE 211 pESCRIPTION IMPROVED PASTURE ACREAGE X OF TOTAL 600 RANGELAND 4.b Ac.= AI% 4119 E/ PINE FLA7WOODS, DISTURSEO (0 -24% CXOTIOS) 1.60 Ao.x 1.5% 4271426 LIVE OANZCAOBAOE PALM 67.92 Ac.z 653% 4291 E1 WAX - MYRTLE, W0.LOW, HYDRIC. DISTURBED (0-24% EXOTICS) 0.411 Ac.. 0.4% 4640 E7 HARDWOODJCONIFER MIXED, DISTURBED 10.24 % EXOTICS) 6.69 AO.z 2.91 A0.X 6.2% 0269 E7 HYDRIC PINE FLATWODOS, DISTURBED (0" %EXOTICO) 2,7;4 6419 E1 FRESHWATER MARSHES, DISTURBED (0- 24 %EXOTX81 2.45A- 2a% 640D EI WET PRAIRIES, DISTUABED f1-24 %EXOTICS 49.10A,. 45A% TOTAL 2.00 A0.• 1.9% 407.67 AC.x Loop% NOTES: PROPERTY BOUNDARIES ESTIMATED FROM REHORY COUNTY PROPERTY APPRAISER'S WEB SITE. FLUCFCS LINES ESTIMATED FROM I'-2D0' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED, FLUCFCS PER FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEM (FLUCFCS) (FDOT 1999). UPLAND /WETLAND LIMITS HAYE NOT SEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TQ CHANGE. PROJECT LOCATION MAP DWG. No. 03GLH856 -02 DRAWN BY: P.F. REVISIONS: SHEET: 2 OF 4 DATE: 1/9/04 SCALE: 1" =500' SCALE: I' - 600' APPROXIMATE PROJECT NAME: TERAFINA HENORY COUNTY MITIGATION PARCEL 7 APPLICANT: G. L, HOMES IL l7 4 4 O J O MITIGATION PLAN Agenda Item No. 81 November 28, 2006 NOTES: PROPERTY BOUNDARIES ESTIMATED FROM IIENDRY COUNTY PROPERTY APPRAISER'S WES SITE. FLUCFCS LINES ESTIMATED FROM 1'.200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. PLUCPCS PER FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION SYSTEM (PLUCKS) (FOOT 1999). UPLAND /WETLAND LIMITS IIAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. DWG, No. 03GLH856 -03 SHEET: 3 OF 4 DRAWN BY: P.F. DATE: 119104 REVISIONS: SCALE: 1" =500' LEGEND: ±+ `. WETLAND ENHANCEMENT -NANO REMOVAL Of EXOTICS (60.33 ACA) UPLAND HAND REMO VAL OF EX OTICS L..� (42.04 AC.e) t l l 1 1 1 UPLAND RESTORATION- PLANTMG WI7H NATIVE UPLAND SPECIES (4.40 At. s) NOTES: PROPERTY BOUNDARIES ESTIMATED FROM IIENDRY COUNTY PROPERTY APPRAISER'S WES SITE. FLUCFCS LINES ESTIMATED FROM 1'.200' AERIAL PHOTOGRAPHS AND LOCATIONS APPROXIMATED. PLUCPCS PER FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION SYSTEM (PLUCKS) (FOOT 1999). UPLAND /WETLAND LIMITS IIAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. DWG, No. 03GLH856 -03 SHEET: 3 OF 4 DRAWN BY: P.F. DATE: 119104 REVISIONS: SCALE: 1" =500' A,-, �J SCALE: I' s S00' PROJECT NAME: TERAFINA HENDRY COUNTY MITIGATION PARCEL APPLICANT: G.L. HOMES w O cl l7 Q O Q J MONITORING PLAN DWG. No. 03GLH856 -04 DRAWN BY: P,F, REvISIONS: Agenda Item No. 81 November 28, 2006 NOTES: PROPERTY BOUNDARIES ESTIMATED FROM MENDRY COUNTY PROPERTY APFRAISER'S WEB SITE. FLUCFCS LINES ESTIMATED FROM 1'.200' AERIAL PROTOGRAP14S AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER ANO FORMS CLASSIFICATION 'SYSTEM (FLUCFCS) (FOOT 1999). UPLANDIWETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. SHEET: 4 OF 4 DATE: 1/9/04 SCALE. 1" -500' LEGEND: WETLAND ENHANCEMENT -IIAND REMOVAL OF EXOTICS (60.33 AC.t) UPLAND ENHANCEMENT -RAN() REMOVAL OF EXOTICS (42.86 Act) 1 I I 1 UPLAND RESTORATION- PLANTING 11 I 111 I I t WITII NATIVE UPLAND SPECIES (6.60 Ac,t) — MONITORING TRANSECT TREE /SHRUB PLOT T -I TRANSECT NUMBER PHOTO - STATION SG STAFF GAUCEIMOI41TORING WELL No. ® STAFF GAUGE /MONITORING WELL NOTES: PROPERTY BOUNDARIES ESTIMATED FROM MENDRY COUNTY PROPERTY APFRAISER'S WEB SITE. FLUCFCS LINES ESTIMATED FROM 1'.200' AERIAL PROTOGRAP14S AND LOCATIONS APPROXIMATED. FLUCFCS PER FLORIDA LAND USE, COVER ANO FORMS CLASSIFICATION 'SYSTEM (FLUCFCS) (FOOT 1999). UPLANDIWETLAND LIMITS HAVE NOT BEEN REVIEWED BY ANY REGULATORY AGENCY AND ARE SUBJECT TO CHANGE. SHEET: 4 OF 4 DATE: 1/9/04 SCALE. 1" -500' Agenda Item No. 81 November 28, 2006 Page 507 of 513 TERAFINA - HENDRY COUNTY MITIGATION PARCEL MITIGATION /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± 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± acres of wetland enhancement and 47.24± acres of upland enhancement and restoration. The Hendry County Mitigation Parcel will be placed under a conservation easement or deeded to the state. MITIGATION The mitigation plan for the Hendry County Mitigation Parcel consists of enhancing 60.33± acres of wetlands; enhancing 42.84± acres of uplands; and restoring 4.40± 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 tQ 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 oabin method). Passarella and Associates, Inc. 1 of 5 #03GLH856 01/09/04 Agenda Item No. 81 November 28, 2006 Page 508 of 513 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 ':� :L�•�Y!i,;i ) (� i "k �, . } 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 permit 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 imrediately following wetland and upland Passarella and Associates, Inc, #03GLH856 01/09/04 2 of 5 Kiwi", �1^ y . , ./, s .[.. '_.l.� B� +Yl1+�. `t. S� ,is Y::•,v la : :'Y l i� ;a 4 {K'�!J `.ICn A��' .; i �J' Laurel oak uercus lauri olio Tree Live oak uercus virginiana Slash ine Pinus elliottii Slu-ub Fetterbush L onia frufficosa - Tar flower Be aria racemosa Wax -m le M rica ceri era Bluestein ass Schizach rium sco ari Broomsed e Andro 0 on vir inicus Ground Cover Penny royal Piloble his ri ida Saw palmetto Serenoa re ens Shiny blueberry Yaccinium m rsinites Wiregrass .4ristida stricta 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 permit 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 imrediately following wetland and upland Passarella and Associates, Inc, #03GLH856 01/09/04 2 of 5 Agenda Item No. 81 November 28, 2006 Page 509 of 513 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 lm 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 Macroinvertebrate Monitoring Qualitative sampling of fish and aquatic macro invertebrates 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 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. 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. 3 of 5 Passarella and Associates, Inc. #03GLH856 01/09104 Agenda Item No, 81 November 28, 2006 Page 510 of 513 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 durst' f h program, Rainfall and Staff Gauge ion o t e monitoring 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 permitted mitigation activity schedule. 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. • 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. Passarella and Associates, tnc. ff03GLH856 01/09/04 4 of 5 Agenda Item No. 81 November 28, 2006 Page 511 of 513 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. RErERENCES Bonham, C.D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New York, New York. Passarella and Associates, Inc. #03GLH856 01/09/04 IRM HOLE MONTES soon- RAVOS -suR*M uvoeC+w�rPCnr 950E '' 1 wily • htWiW Florida 34110 • Phan.: 230254 000 • F6c 239.254.2099 November 21, 2006 Ms. Melissa Zone Collier County Government Community Development Services 2800 North Horseshoe Drive Naples, Florida 34104 RE: Terafina PUD PUDEX -AR -9610 HM File No. 1995.087 Dear Ms. Zone: Agenda Item No. 81 November 28, 2006 Page 512 of 513 Via Email and Facsimile I would like to continue the Terafina/Saturnia Falls zoning extension hearing from the November 280' BCC hearing to an unspecified date that I will confirm to you and the BCC shortly. We will provide for any additional costs associated with advertising. Should you have any questions or concerns regarding our request, please contact me. Thank you. Very truly yours, HOLE MONIES, INC. Robert L. Duane, A.I.C.P. Planning Director RLD /acd cc: Kevin Ratteree via email Joe Schmitt via email Jim Mudd via email H:119M'9950n"'PLD T= fmEVOnsiOOnz06112I- regl=hwchamps.*.doc kepis • Fort *ms - Vence Agenda Item No. 9A November 28, 2006 Page 1 of 67 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE EAST OF 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE OBJECTIVE: To appoint 2 new members and to confirm 2 members previously appointed to serve on the newly created East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. CONSIDERATIONS: The EAST OF COUNTY ROAD 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE was created on July 25, 2006 by Resolution No. 2006 -181. This 15 member ad hoc committee and will represent a broad base of citizens and business and property owners within the study area. The purpose of the committee shall be to aid and assist in the public participation phase of the study and may include assisting a consultant in the following: composing the polling questions; determining the most effective venues and dates to hold the public presentations; and promoting public interest in the polling process. Terms are two years. At the September 12, 2006 Board of County Commissioners meeting the Board appointed 13 members and directed staff to bring the remaining applicants back to the Board on November 28, 2006 for consideration of 2 additional appointments. A list of the current members is included in the backup. Two members appointed on September 12, 2006, Richard Rice and Clarence S. Tears, Jr. currently serve on 2 or more committees. Although the Board voted to appoint all 13 members, the actual vote was 4 -1. In order for Mr. Rice and Mr. Tears to be appointed as members to this committee, the Board will have to vote unanimously to waive Section. Five (D) of Ordinance 2001 -55; see below. NOTE: Section Five (D) of Ordinance 2001 -55 states that "No person shall serve on more than tw County Boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to Walve such provision. According to my records Mr. Rice currently serves on the Immokalee EZDA and the Immokalee Master Plan & Visioning Committee and Mr. Tears currently serves on the Lake Trafford Committee and the Immokalee Master Plan & Visioning Committee. If Mr. Rice and Mr. Tears are appointed the Board will have to waive Section Five (D) of the ordinance. o'"" Agenda Item No. 9A November 28, 2006 Page 2 of 67 The following 20 applicants are being presented for your review and consideration to appoint 2 additional members: APPLICANT Kathleen P. Adams — ] Tibor (Ty) Ap�oston 1 Julianne J. Ballard Gregory W. Bower Philli E. Brou ham Cheryl Couture Patricia Couture Pat Crooks Michael Dedio Celia M. Fellows Jacob Flicker Gary Gasperich -Toll Bro Geor e Gruzewski Pat Hum hries William J. Kie Carolyn S. 0 ie J. Richard Smith Mark Teaters Scott Truesdell –'1011 Jiro Peggy E. Whitbeck Richard Rice Clarence S. Tears, Jr. CATEGORY 'roperty Owner 'roperty Owner 'roperty Owner 'roperty Owner 'roperty Owner - 'roperty Owner �.- �r.Prty (lwnPr Dutside of Study Area Dutside of Study Area Property Owner Property Owner Property Owner Representative Outside of Study Area Property Owner Property Owner Property Owner Property Owner ProDertv Owner ve Property Owner Property Owner DIST ELECTOR ADV. COMM. 5 5 Yes Yes None None 5 Yes None 5 Yes None 1 Yes None — 5 Yes None 5 Yes None 1 3 Yes Yes None None 5 Yes None 5 N(7 Yes NO None None 5 5 5 5 e 5 tYeNon e 5 e NO e 5 e 5 Property Owner Representative 1 3 1 Yes okalee EZDA Imm Master Plan & Visi Lake Trafford Imm Master Plan & Visi COMMITTEE RECOMMENDATION: New Committee — No recommendation. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, reconfirm 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: NOVEMBER 28, 2006 Agenda Item No. 9A November 28, 2006 Page 3 of 67 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9,A Item Summary: Appointment of members to the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. Meeting Date: 111281200(3 9.0000 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County 11012006 8:55:52 AM BCC Office Commissioners Approved By ames V . Mudd Y Date Count Manager g Board of County County Manager's Office 1111512006 2:18 PM Commissioners 6'0°00 pN O Z � � EN O N L C33 .Q a- c> m � 0)p QZ 0 ° } g } t z z } tx W C3 J 8 co V z g m$ c .� m 0 a w ai a° v° v B Y v c Q L Y o E E oQ g r e o i c 3 0 a t ° r s d v 0 a' C W W r° g 3 p� L 3 g W o W L C °_ W cL��c V O U C C 0 U 0 _ E�� in c °o i 0 �r 0 w 8 B o C m 0 W° a } .a w a 3 <v U z a U. n. 0 �� 0 _, N V � U CL U Y c t �° E 0 F U U Q CD Q $ E t Cl o° Uo 0 0 o °$ ¢ Q QA o W C U 0 d ° i 9 C a Q A Q0 a °p po � '2 V Q � W e W 0 C7 T a c e a O cs ° ¢ c L o c v $ a c - c- 0 0 ¢ �E E n c S v O¢ z O CL U z 9 "n m Q Q Z v � zr zr 45F QE +9E�[ 0 CL 0 8 0 8 I � IL :0 ■ 0 0 r �o s a a a� E ° °0 0 0 0 CL a a` a` O a~ $� a a a� a a a a`O� 0 U a O g 0 O ry� ,� V 4 o _ g g W O c o ° U t o C a LLI U v W to $ O ° °� N $ o J ci o L ° W to c U _4� m U m _ ° a c U m m o m cS y6 0: 0 z 0 0 75 n o ° U a m z > c9 [r w o 1� Z —° v J1�pp J aa yyo 0 I Q C O Q Q ¢ Q d P Q � A .9 O O � a C O C y C y v v v U U U U U v U v v v v o ao v w 0 a $ c + + m + m + n C + m + �° a + 1O Q �? z N � a - o D � E 32 d u Q a Q m rb 'o $ J- uj 0 0 LL v y z¢ U U U .C) % \5 CdLo Ec \ 2 \/ $E /� &Z 0 s k�7 � 10-2o fl f1 f 2 $ 7 $ 2 0 § k � k 2 c a< co 2 2 # # \ \k o K ƒ }I �\ ) k / 2 $ & k @ ) i & \ k o % / % > § � 3 3 c o o o �{ 7f } < C \ k k f TL % § �] 0 e l � I u A« $. LL- . 2 k� \ w, 0 0 CL CK (L ku \ E T \ \ \ ■a C 2 $ $ k � � 2 c co 2 2 # # _ _ § § k � � & k \ k k & 3 3 c o o o o c \ \ \ \ \ / \ \ k k f % § � � I I « « $ $. . 2 k� ku \ E T \ \ \ ■a C > cr Agenda Item No. 9A November 28, 2006 Page 6 of 67 East of 951 Horizon Master Plan Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Ms. G. Jeanne Alleman 09/12/06 09/12/08 2 Years 3572 Periwinkle Way 774 -1622 Naples, FL 34114 E -Mail: gjallenman @yahoo.com District: 5 Category: Property Owner Mr. Clarence S. Tears 597 -1505 320 Lambton Lane 348 -1356 Naples, FL 34104 E -Mail: ctearsjr @sfwmd.gov District: 3 Category: Properly Owner & Representative Mr. Christian Spilker 261 -4455 2260 16th Street, N.E. 304 -5266 Naples, FL 34120 E -Mail: cspilker @collierenterprises.com District: 5 Category: Property Owner & Representative Mr. Richard Rice 657 -3237 1167 Serenity Way 657 -6626 Immokalee, FL 34142 E -Mail: icoc @earthlink.net District: 5 Category: Property Owner Mr. Douglas L. Rankin 761 17th Street, S.W. Naples, FL 34119 E -Mail: drankin @sprintmail.com District: 5 Category: Property Owner 09/12/06 09/12/06 09/12/06 262 -0061 09/12/06 455 -1682 09/12/08 09/12/08 09/12/08 09/12/08 2 Years 2 Years 2 Years 2 Years �:, 2:S�t�'7S' "�CM:i' L '.': _ -`ter -. '. _:�!:: ]1..�:.- :,:- .T+TRv�'..': :':"�li!' ^..'�4. ".•. .....: ���9.�'s:...�"^:J2'AQ 'iF.."�r.^z�_�T, .. ._ _ -. Thursday, day September l4, 2006 Pagel of 4 Agenda item No. 9A November 28. 2006 Page 7 of 67 East of 951 Horizon Master Plan Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-amt 2ndExpDate 2nd Term Mr. Russell A. Priddy 657A380 09/12/06 09/12/08 2 Years P.O. Box 930 immokalee, FL 34143 E-Mail. District. 5 Category: Property Owner Mr. Stephen L. Price 657-3171 09/12/06 09/12/08 2 Years 6061 SR 29S 657-1014 Immokajee, FL 34142 E-Mail: sprice@floridacOmmunitYbank-net District: 5 Category: property owner Mr. Timothy L. Nance 641-5414 09/12/06 09/12/08 2 Years P.O. Box 990129 455-2283 Naples, FL 34116 E-Mail: nanceg@earthlink-net District: 5 Category: Property owner & Representative Mr. William L. McDaniel, Jr. 455-1218 09/12/06 09/12/08 2 Years 7000 Big Island Ranch Road 253-1617 Naples, FL 34120 E-Mail. BigislandBill@aol-cOm District: 5 Category: Property Owner & Representative Mr. Kenneth J. Lynch 354-3347 09/12/06 09/12/08 2 Years 764 Grand Rapids Blvd. 364-3347 Naples, FL 34120 E-Mail.. kenjanlynch@earthlink.net District. 5 Category: Property Owner Page 2 of 4 Thursday, September 14, 2006 Agenda Item No, 9A November 28, 2006 Page 8 of 67 East of 959 Horizon Master Plan Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndEVDate 2nd Term Mr. Kris Van Lengen 390 -1154 09/12/06 09/12/08 2 Years 8231 Parkstone Place, #107 3542599 Naples, FL 34120 E -Mail: krisv @bonitabaygroup.com District: 5 Category: Property Owner & Representative Mr. Thomas R. Jones 262 -2600 09/12/06 3290 7th Avenue, N.W. 353 -1089 Naples, FL 34120 E Mail: t ones @barroncollier.com District: 5 Category. Property Owner & Representative Ms. Linda. Hartman 794 17th Street, N.W. Naples, FL 34120 E -Mail: lindamikeh@aot.com District: 5 Category: Property Owner Ms. G_ Jeanne Alleman 3572 Periwinkle Way Naples, FL 34114 E -Mail: giallenman @yahoo.com District: 5 Category: Property Owner 354 -2800 455 -1739 774 -1622 09/12/06 09/12/06 09/12/08 09/12/08 09/12/08 2 Years 2 Years 2 Years Thursday, September 14, 2006 Page 3 of 4 Name Iorizon Master Plan Committee .; ork Phone Home Phone The EAST R COUNTY T ON MASTER INFRASTRUCTURE PLAN COMMITTEE is aD15 SERVICES HORIZON STUDY ad hoc committee and PUBLIC PARTICIPATION owners within the study area. will represent a brad base of citizens and business and property hint phase of the The purpose of the committee shall be to aid and assist in the public participation th polling questions; study and may include assisting a consultant in the following: composing determining the most effective venues ems area to hold the public presentati ons; and promoting public interest in the polling process. Agenda Item No. 9A November 28, 2006 Page 9 of 67 Appt'd Exp. Date Term DateRe_appt 2ndE4Date 2nd Term FL STAT Staff Mike Bosi, Comprehensive Planning: 530 -6819 Page 4 of 4 Thursday, September 14, 2006 C MEMORANDUM DATE: August 21, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission i RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9A November 28, 2006 Page 10 of 67 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 EAST OF 951 COMMISSION DISTRICT Kathleen P. Adams 761 15'' Street, N.W. Naples, FL 34120 Tibor (Ty) Agoston 360 Tenth Avenue, N.W. Naples, FL 34120 G. Jeanne Alleman 3572 Periwinkle Way Naples, FL 34114 Julianne J. Ballard 290 Newport Dr. # 107 Naples, FL 34114 Gregory W. Bower 1785 Dove Tree Street Naples, FL 34117 Phillip E. Brougham 8587 Pepper Tree Way Naples, FL 34114 Cheryl Couture 19801 Immokalee Road Naples, FL 34120 Agenda Item No. 9A November 28, 2006 Page 11 of 67 Patricia Couture 2059 17'h Street, S.W. Naples, FL 34117 Pat Crooks 2421 Kings Lake Boulevard Naples, FL 34112 Michael Dedio 2917 Lone Pine Lane Naples, FL 34119 Celia M. Fellows 1131 17" Street, S.W. Naples, FL 34117 Jacob Flicker 831 80' Street, N.E. Naples, FL 34120 Cif"' _ G � -3 J ? Gary Gasperich 7 3 t n QJ7 1603 Whippoorwill Lanel I 5w/ r�S.S Naples, FL 34105 George Gruszewski 888 1311 Street, N.W. Naples, FL 34120 Linda Hartman 794 170' Street, N.W. Naples, FL 34120 Pat Humphries 441 20"' Avenue, N.W. Naples, FL 34120 :Naples, mas R. Jones -o� a 0 7"' Aevnue, N.W. FL 341290 William J. Klep 182 Newport Dr., #1008 Naples, FL 34114 Kris Van Lengen 15 8231 Parkstone Place #107 Naples, FL 34120 Kenneth J. Lynch 764 Grand Rapids Boulevard Naples, FL 34120 William L. McDaniel, Jr. 7000 Big Island Ranch Road Naples, FL 34120 Timothy L. Nance 210 Frangipani Avenue P.O. Box 990129 5 Naples, FL 34116 Carolyn S. Oppie 830 10th Avenue, N.W. Naples, FL 34120 Stephen L. Price 6061 SR 29S Immokalee, FL 34142 Russell A. Priddy 7007 Highway 29 South P.O. Box 930 Immokalee, FL 34143 Douglas L. Rankin 761 17th Street, S.W. Naples, FL 34119 Richard Rice 1167 Serenity Way Immokalee, FL 34142 J. Richard Smith 380 Frangipani Avenue Naples, FL 34117 Christian Spilker 2260 16' Street, N.E. Naples, FL 34120 Clarence S. Tears, Jr. 320 Lambton Lane Naples, FL 34104 Mark Teaters 140 Wilson Boulevard South Naples, FL 34117 '--5 Aaenda Item No. 9A. November 28, 2006 Page 12 of 67 131 e Scott Truesdell 13 1603 Whippoorwill Lane Naples, FL 34105 Peggy E. Whitbeck 1450 Kapok Street Naples, FL 34117 Thank you for your help. a item No. 9A ! �O►'1 s�e�Pae9 e 13 0467 Agenda I Z�" g6 November —2006 MEMORANDUM Page 14 of 67 DATE: August 21, 2006 TO: Michael Bosi, Comprehensive Planning FROM: Sue Filson, Executive Manager Board of County Commissioners RE: East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Kathleen P. Adams 761 15t` Street, N.W. Naples, FL 34120 Tibor (Ty) Agoston 360 Tenth Avenue, N.W. Naples, FL 34120 G. Jeanne Alleman 3572 Periwinkle Way Naples, FL 34114 Julianne J. Ballard 290 Newport Dr. # 107 Naples, FL 34114 Gregory W. Bower 1785 Dove Tree Street Naples, FL 34117 Phillip E. Brougham 8587 Pepper Tree Way Naples, FL 34114 Cheryl Couture 19801 lmmokalee Road Naples, FL 34120 Agenda Item No. 9A November 28, 2006 Page 15 of 67 Patricia Couture u 2059 17`h Street, S.W. Naples, FL 34117 Pat Crooks 2421 Kings Lake Boulevard Naples, FL 34112 Michael Dedio 2917 Lone Pine Lane Naples, FL 34119 Celia M. Fellows 1131 17th Street, S.W. Naples, FL 34117 Jacob Flicker 831 8th Street, N.E. Naples, FL 34120 Gary Gasperich 1603 Whippoorwill Lane Naples, FL 34105 George Gruszewski 888 13th Street, N.W. Naples, FL 34120 Linda Hartman 794 17" Street, N.W. Naples, FL 34120 Pat Humphries 44120' Avenue, N.W. Naples, FL 34120 Thomas R. Jones 3290 7th Aevnue, N.W. Naples, FL 34120, William J. Klep 182 Newport Dr., #1008 Naples, FL 34114 Kris Van Lengen 8231 Parkstone Place 4107 Naples, FL 34120 Kenneth J. Lynch 764 Grand Rapids Boulevard Naples, FL 34120 William L. McDaniel, Jr. 7000 Big Island Ranch Road Naples, FL 34120 Timothy L. Nance 210 Frangipani Avenue P.O. Box 990129 Naples, FL 34116 Carolyn S. Oppie 830 10th Avenue, N.W. Naples, FL 34120 Stephen L. Price 6061 SR 29S Immokalee, FL 34142 Russell A. Priddy 7007 Highway 29 South P.O. Box 930 Immokalee, FL 34143 Douglas L. Rankin 761 17" Street, S.W. Naples, FL 34119 Richard Rice 1167 Serenity Way Immokalee, FL 34142 J. Richard Smith 380 Frangipani Avenue Naples, FL 34117 Christian Spilker 2260 16" Street, N.E. Naples, FL 34120 Clarence S. Tears, Jr. 320 Lambton Lane Naples, FL 34104 Mark Teaters 140 Wilson Boulevard South Naples, FL 34117 Agenda Item No. 9A November 28, 2006 Page 16 of 67 Agenda Item No. 9A November 28, 2006 Page 17 of 67 Scott Truesdell 1603 Whippoorwill Lane Naples, FL 34105 Peggy E. Whitbeck 1450 Kapok Street Naples, FL 34117 Please categorize the applicants in areas of expertise. If you have any questions, Please call me at 7748097. Thank you for your attention to this matter. SF Attachments filson_s From: advisoryboards @colliergov.net Sent: Wednesday, August 16, 2006 3:01 PM To: filson s Subject: New On -line Advisory Board Application Submitted. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (238) 774,3602 Fax: (239) 774-3602 August 16, 2006 Application for Advisory Committees / Boards Name: Kathleen P. Adams Home Phone: 239455 -1567 Home Address: 761 15th Street, N. W. City: Naples Zip Code: 34120 Fax Number: 239- 262 -5872 Business Phone: 239 - 403 -4232 Email Address: kathya @conseivancy.org Place of Employment: Conservancy of Southwest Florida Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 18 of 67 f- .k V How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: EAST OF COUNTY ROAD 951 INFRASTRUCTURE AND SERVICES Category: (if applicable) Resident of Golden Gate Estates Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/16/2006 Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 19 of 67 Please list your community activities: Member of or past member of: Golden Gate Estates Area Civic Association Golden Gate Jr. Women's Club (Past V.P.) Conservancy of S.W. Florida Florida Wildlife Federation Collier and Florida Native Plant Society Education: Miami High School Edison Community College courses in real estate (Salesman then Broker) Experience / Background: -office Manager for a Collier and Charlotte county agriculture real estate firm. Primarily citrus groves) - Administrative Assistant to the Naples office of the National Wildlife Federation. - Adminsitrative Assistant to Policy and Science departments at the Conservancy of S. W. Florida. 8/16/2006 filson s From: advisoryboards @colliergov.net • Sent: Tuesday, August 01, 2006 3:23 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 August 01, 2006 Application for Advisory Committees / Boards Name: Tibor (Ty) Agoston Home Phone: 239 - 455 -8400 Home Address: 360 Tenth Avenue NW City: Naples Zip Code: 34120 • Fax Number: 239 - 455-4310 Business Phone: 239 - 455 -8400 Email Address: tyagostonl @cs.com Place of Employment: Retired Page lof2 Agenda Ite No. 9A November 28, 2006 Page 26 of 67 r, f•a•l • How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: East of CR 951 Infrastructure Committee Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? 8/1/2006 If yes, please list the boards / committees: CC Environmental Technical Advisory Committee Rural Fringe Area Assessment Committee • Please list your community activities: Taxpayers Action Group of Collier County - President Hungarian - American Club -VP J 8/1/2006 Education: BS Rutgers University MBA Rutgers University Experience / Background: Marketing and Advertising Executive for Major National Grocery Chain for 25 years Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 21 of 67 filson s From: advisory boards @colliergov.net 40 Sent: Tuesday, August 08, 2006 2:44 PM To: filson s Subject: New On -line Advisory Board Application Submitted. co r coutit, Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774.3602 August 08, 2006 Application for Advisory Committees / Boards Name: Julianne J. Ballard Home Phone: 239 -389 -0752 Home Address: 290 Newort Dr. #107 City: Naples Zip Code: 34114 • Fax Number: 239 -394 -3771 Business Phone: 239 - 821 -0256 Email Address: julibpoi @juno.com Place of Employment: South Seas East Condominium Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 22 of 67 s, How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? No Board / Committee Applied for: Advisory Committee -Fast` gs� Category: (if applicable) No information provided. Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards / committees: 8/8/2006 l a 8/8/2006 Ochopee Fire Board - pn-# m e,6 e r' Please list your community activities: Red Cross Volunteer Education: college grad Experience / Background: Computer sales, support & design, Condo management, USCG master captain, anatomical pathology (histology) Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 23 of 67 fllson_s From: advisoryboards@colliergov.net Sent: Tuesday, August 15, 2006 8:17 AM To: filson s Subject: New On -line Advisory Board Application Submitted. Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 7743602 August 15, 2006 Application for Advisory Committees / Boards Pagel of 2 Agenda Item No. 9A November 28, 2006 Page 24 of 67 Name: Gregory W Bower Home Phone: 239- 775 -0563 Home Address: 1785 Dove Tree Street City: Naples Zip Code: 34117 Fax Number: 239 - 775 -2154 Business Phone: 239 -775 -1147 Email Address: bowermarco @aol.com Place of Employment: Century 21 & Carroll and Carroll Inc. How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? gbYeg Board / Committee Applied for: East of 951 Master Committee Category: (if applicable) Citizen At - Large Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/15/2006 Please list your community activities: Founding Board Member & VP Marco Island Charter School, Master Gardener- Collier County Extension Office, Current President & past Board member Frangipani Ag Civic Association, President - Vice President & Board Member Marco Island Area Board of Realtors, Chairman Legislative Committee Marco Board of Realtors, Chairman Professional Standards Committee Marco Island Board of Realtors, Director Florida Association of Realtors, Delegate National Association of Realtors. Neighborhood Watch Frangipani Ag Civic Association/North Belle Meade Area. Member Golden Gate Civic Association. Education: Mamaroneck High School - Mamaroneck, NY University of Debuque - Debuque, IA Pace University Westchester, Westchester County, NY College of The Potomac, Washington, D.C. Studies - Psychology /Childhood Education/Sociaology Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 25 of 67 Experience / Background: Owner / Import/ Export Business - Jensen Beach, FL - Latin American Area 1972- 1975 Vice President J.C. Moag Corp. NY. NY- Interior Department Store Construction 1975 -1980 Vice President European Operation - J.C. Moag Corp. Copenhagen, Denmark. 1980 -1983 Realtor /Real Estate Broker- Century 21 1 st - Present Southern Trust, Marco Island FL serf FL # RD 5791 CCarroldl Residential Real Estate App and Carroll Inc. Naples, FL 2002- Present c�,�r �,�;ma�y � ne�� e(ec- t�o,�s fl'i E�eC1"LanS-�YGirn�i� A555� 8/15/2006 filson s From: advisoryboards @colliergov.net Sent: Wednesday, July 26, 2006 4:39 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) 774-3602 Fax: (239) 774-3602 July 26, 2006 Application for Advisory Committees 1 Boards Name: Phillip E Brougham Home Phone: 239 - 793 -5671 Home Address: 8587 Pepper Tree Way Pagel of 2 Agenda Item No. 9A November 28, 2006 Page 26 of 67 .PLC r City: Naples Zip Code: 34114 Fax Number: No information provided. Business Phone: No information provided. Email Address: pbrougham @earthlink.net Place of Employment: Retired How long have you lived in Collier County? 5 -10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board ! Committee Applied for: East of County Rd 951 Infrastructure & Services Horizon study Public Particaipation Master Plan Committee Category: (if applicable) Citizen Do you currently hold public office? Yes If yes, what office do you hold? Supervisor, Fiddler's Creek CDD #1 8/2/2006 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: Currently Chairman of Fiddler's Creek CDD#1, elected in 2006. President of Pepper Tree Village Association, In (HOA) since 2000. Participant in Commissioner Fiala's Islands Advisory Committee since 2005. Education: Two years attendance at Iowa State University majoring in Geology Experience t Background: Thirty four years managing Information Services organizations for International Paper Company and Amerada Hess Corporation in New York/New Jersey. 8/2/2006 Page 2 of 2 Agenda Item No. 9A November 28, 2006 Paae 27 of 67 filson_s From: advisoryboards @colliergov.net Sent: Monday, August 07, 2006 8:06 PM To: filson s Subject: New On -line Advisory Board Application Submitted. co Mk co,,,,ty Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-M2 Fax: (239) 774 -3602 August 07, 2006 Application for Advisory Committees / Boards Name: Cheryl Couture Home Phone: 239 -353 -3989 Home Address: 19801 Immokalee Rd. City: Naples Zip Code: 34120 Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 28 of 67 • Fax Number: 239 - 643 -5809 Business Phone: 239 - 285 -9697 Email Address: Barakcic@aol.com Place of Employment: Homeschool Educator & Naples Printing How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: East of 951 Advisory Board/Horizon Study 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? 8/8/2006 Page 2 of 2 Agenda Item No. 9A November 28, 2006 Please list your community activities: Page 29 of 67 *Tillie Fowler Excellence in Public Service Participant (Graduated July 2006) *CHEACC (Homeschool Organization /Librarian 5 Years & Presently Orientations wfor New Members ... 4th year) *ENOCH (Homeschool Organization Board member & teacher for Friday Classes) Education: Graduate Clarkston High School 1980 (Clarkston, MI) Some College CTC Designation (Certified Travel Consultant) Home Educator for 10 years Graduate of Tillie Fowler Excellence in Public Service (July 2006) Experience I Background: I have been a resident of Collier County since 1984 and a tax payer since 17 years. My husband and I purchased 15 acres 1.2 miles past Corkscrew Swamp Sanctuary three years ago and built a home there on Immokalee Rd. With road expansion, power line installation, etc. I am very interested in what goes on east of 951. Although I have never served on an advisory board I have just recently completed training (Tallahassee, Washington D.C., Orlando, & Jacksonville) to equip me with the skills needed for public service. In addition, just as I have been committed my my son's education, I am ready to commit ;. my time and energy to my community. • 8/8/2006 08/17/2006 08 28 FAX 2392544390 August 16, 2006 Collier County Government Center Attn: Sue Filson To Whom it may Concern: FACIL%TIES 001/003 Agenda item No. 9A November 28, 2006 Page 30 of 67 RECr-iVED QV6 ir`w6 hoard of Coo��, Con'rissioners RE' East Collier Study Committee I would like to apply to be part of the 15 member East Collier Study Committee. I am a resident of Collier County for 18 years and a registered voter. Enclosed is my resume for your review. I would be honored to be selected to be on the Committee. May I have an interview? If You havc any questions, please feel free to contact me. StiaMrely, Patricia Couture 2059 17t1 Sued, SW Naples, FL 34117 (239) 455 -8506 (home) (239) 595 -5960 (cell) Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 31 of 67 filson s From: advisoryboards @-colliergov.net Sent: Saturday, August 19, 2006 8:09 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. C'0 Co�rity Board of County Commissioners i 3301 East Tamlaml Trail Naples, FL 34112 - r Tel: (239) 774 -3602 ! Fax: (239) 774 -3602 , August 19, 2006 Application for Advisory Committees l Boards Name: Patricia Couture Home Phone: 239 - 455 -8506 Home Address: 2059 17th Street, SW City: Naples, Zip Code: 34117 Fax Number: 239 - 377 -0231 Business Phone: 239 - 377 -0239 Email Address: camperavins @aol.com Place of Employment: Collier County Public School District How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: East Collier Study Committee Category: (if applicable) Citizen at Large Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/21/2006 Please list your community activities: Member of Center Point Community Church Cheerleading Coach for Palmetto Ridge High School President, V -Pres, Director of Golden Gate Area Chamber of Commerce Treasurer for County Commissioner's re- election campaign Facilitator for FOCUS Group Treasuer for Big Cypress Elementary School PTO Co-Chairman for "Frontier Days" Education: Graduated with a Regents Secretarial Science Degree from Saranac Lake High School, New York, 1975 Completed Municipal double -entry account course NYS Dept. of Audit & Control Completed series of Leadership workshops Attended various seminars & workshops on Home -Based Businesses Skilled in CPR & First Aid Experience / Background: Presently working for CCPS District as a Bookkeeper for the Facilities; Planning & Construction Dept. Worked as a Bookkeeper for the ESOL, Diversity & Foreign Language Dept. at CCPS Worked as a General Assistant at Sabal Palm & Big Cypress Elementary Schools Assisted husband's home -based business as a Customer Service & Office Manager Vice President- Branch Manager for First Federal Savings & Loan Assn. 8/21/2006 Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 32 of 67 06/1712006 09 26 FAX 2392544390 Patricia A. Couture 2059 17" Street, SW Naples, FL 34117 (239) 455 -8506 FACILITIES PERSONAL DATA SHEET PERSONAL INVORMATION! Date of Birth: 4 -22 -57 Marital Status: Widowed, 2 children Health- Good Residency: Homeowner; 18 years R.eipstered Voter. Democrat COMMUNM INV4 Present -19% 2005-2006 1999-2001 1996 19% 1995 1994 1994-1995 1993-1994 1992 1991-1993 1991 - 1994 1989 la 002'005 Agenda Item No. 9A November 23, 2006 Page 33 of 67 3LVEMENT: Member of Center Point Community Church Cheerleading Coach at Palmetto Ridge High School Coordinator of Big Cypress Elementary Safety Patrol Treasurer for Timothy Constantine's re- election campaign President of the Golden Gate Area Chamber of Commerce Vice - President of the GG Area Chamber of Commerce Facilitator for FOCUS Group Publicity Chairman for "Frontier Days Treasurer for Big Cypress Elementary PTO Recipient of the GGACC "President's Service Award" Social Chairman for GGACC Member of Board of Directors of GGACC Co-Chairman for "Frontier Days" WORK F"ERIBNCE: Presently working for Collier County Public School District as a Bookkeeper for the Facilities; Planning & Construction Department since August 17, 2006 Worked as a Bookkeeper for the ESOL, Diversity & Foreign Language Department at CCPS from December 2005 to August 2006 Worked as a General Assistant at Sabal Palm Elementary & Big Cypress Elementary from August 1996 to December 2006 Worked with husband in his business, Auto Glass Mobile Service, Inc. as a Office/Customer service Manager and Bookkeeper from January 1993 to April 2000 Assistant Vice- President/Branch Manager for First Federal Savings & Loan Association from April 1994 to January 1993 08/17/2006 09 29 FAX 2392344390 Patricia Couture FACILITIES 2003/003 Agenda Item No, 9A November 28, 2006 Page 34 of 67 Page 2 EDUCATION: Graduated with a Regents Secretarial Science Degree from Saranac Lake High School, New York on June 20, 1975. A member of the National honor Society from 1971 - 1975, ranking 8" in graduating class Successfully completed a Municipal Double -Entry Accounting course offered by the New York State Departrnent of Audit and Control Completed a series of Leadership workshops offered through the employment of First Federal Savings & Loan Association Attended many seminars and workshops on Home -Based Businesses, including but not limited to business plans, tax structure and marketing Skilled in CPR and First Aid REFERENCES: Russell &tor Kaydee Tuff, Publishw/Editor of Collier Citizen Newspaper (239) 213 -6077 Mr. Tom Henning, Collier County Commissioner (239) 774 -8097 Dr. Terri Mitev, Principal of Sabal Palm Elementary (239) 377 -8200 Page I of 2 Agenda Item No. 9A November 28, 2006 Page 35 of 67 filson_s From: advisoryboards @colliergov.net Sent: Wednesday, August 09, 2006 1:10 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. CoK�cy Board of County Commissioners +.4 3301 East Tamiami Trail A Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774.3602 J : ! August 09, 2006 Application for Advisory Committees I Boards Name: Pat Crooks Home Phone: 239 - 417 -0885 Home Address: 2421 Kings Lake Blvd City: Naples Zip Code: 34112 • Fax Number: 239 -417 -1610 Business Phone: 239 -417 -1600 Email Address: PLmanager @swfla.rr.com Place of Employment: Pelican Lake Motorcoach Resort 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: Advisory Committee Category: (if applicable) East of County road 951 Do you currently hold public office? No • Do you now serve, or have you served on a No Collier County board or committee? 8/9/2006 Page I of 2 Agenda Item No. 9A November 28, 2006 Page 37 of 67 filson_s From: advisoryboards @colliergov.net • Sent: Tuesday, August 01, 2006 7:00 AM To: filson_s Subject: New On -line Advisory Board Application Submitted. ca Co�ricy Board of County commissioners.; 3301 East Tamiami Trail , Naples, FL 34112 Tel: (239) 774 -3602 ! Fax: (239) 774 -3602 August 01, 2006 Application for Advisory Committees I Boards Name: michael dedio Home Phone: 239 - 254 -9101 Home Address: 2917 LONE PINE LANE City: Naples Zip Code: 34119 0 Fax Number: No information provided. Business Phone: No information provided. Email Address: mdedio2000 @yahoo.com Place of Employment: retired How long have you lived in Collier County? 3-4 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board ! Committee Applied for: 951 study 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? 8/1/2006 M Please list your community activities: President of Olde Cypree Home Owners Assoc. Member of the Exescutive Committee of Collier County i Education: High School Numerous college courses through AT &T and Verizon, Right of Way Engineer Real Estate License New Jersey Over 30 years, Florida 2 years. C • Experience / Background: Right Of Way Engineer Verizon Mayor 25 years N. J. 1978 to 2003 Planning Board member 25 years Moms County Freeholder (Commissioner) Past Director Morris County Municipal Utiliies Authority Morris County Planning Board Member 8/1/2006 Page 2 of 2 Agenda I #ern No. 9A November 23, 2006 Page 38 of 67 Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 39 of 67 Filson s From: advisoryboards @colliergov.net • Sent: Wednesday, July 26, 2006 5:09 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. cd �HZ,, Board of County Commissioners 3301 East Tamlami Trail -� Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774-3602 July 26, 2006 Application for Advisory Committees / Boards Name: Celia M. Fellows Home Phone: 239 - 304 -2118 Home Address: 1131 17th Street SW City: Naples Zip Code: 34117 • Fax Number: 239- 594 -2025 Business Phone: 239 -594 -2021 Email Address: celiaanded@msn.com Place of Employment: Humiston & Moore Engineers 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: East of 951 Master Plan Committee Category: (if applicable) Property Owner & Citizen Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: 7/27/2006 Productivity Committee and Smart Growth Committee Please list your community activities: iAdopt a precint for Supervisor of Electrions Inspector 2005 and 2006 Pencil Pals - Penpal to student Participant in the September 2006 United Way 2 -mile run • 01 7/27/2006 Education: Bachelors Degree in Legal Studies Currently seeking MBA - estimated completion date June 2007 Experience ! Background: As a resident of Collier County, specifically a resident east of 951, 1 welcome the opportunity to assist the County in the public participation phase of the study and to assist any consultants in composing polling question, determining the most effective venues and dates to hold public presentations; and promoting public interest in the polling process. Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 40 of 67 Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 41 of 67 Filson s From: advisoryboards @colliergov.net Sent: Tuesday, August 01, 2006 10:34 AM To: filson_s Subject: New On -line Advisory Board Application Submitted. c� Co:erisy Board of County Commissioners 3301 East Tamiami Trail ,1 - Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 7743602 August 01, 2006 Application for Advisory Committees ! Boards Name: Jacob Flicker Home Phone: 239 -455 -2356 Home Address: 831 8th ST NE City: Naples Zip Code: 34120 iFax Number: No information provided. Business Phone: 239 - 595 -5153 Email Address: jflicker @viprealty.com Place of Employment: VIP Realty Group, INC How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: EAST OF COUNTY ROAD 951 INFRASTRUCTURE AND SERVICES HORIZON STUDY PUBLIC PARTICIPATION MASTER PLAN COMMITTEE - Category: (if applicable) No information provided. Do you currently hold public office? No 8/1/2006 • 0 Do you now serve, or have you served on a Collier County board or committee? Please list your community activities: Naples Area Board of Realtors Government issues committee Education: High School, some college. Page 2 of 2 Agenda Item No. 9A NO November 28, 2006 Page 42 of 67 Experience / Background: I have lived in Golden Gate almost my whole life. I have been selling Real Estate for the past 2 1/2 years. 8/1/2006 Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 43 of 67 filson s From: advisoryboards @colliergov.net Sent: Friday, August 18, 2006 8:51 AM To: filson_s Subject: New On -line Advisory Board Application Submitted. c�Cc""ty Board of County Commissioners -�t� 3301 East Tamiami Trail - -t ' Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 , August 18, 2006 Application for Advisory Committees / Boards Name: Gary Gasperich Home Phone: 239 - 732 -7374 Home Address: 1603 Whippoorwill Lane City: Naples Zip Code: 34105 Fax Number: 239 - 732 -0428 Business Phone: 239 - 732 -7374 Email Address: ggasperich@tolibrothersinc.com Place of Employment: Toll Brothers 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? No Board / Committee Applied for: East of 951 Master Committee Category: (if applicable) Developer Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/18/2006 Please list your community activities: Sr. Project Manager with Toll Brothers.] would be representing Toll Brothers as one of the largest property owners east of 951. Education: No information provided. Experience 1 Background: Real Estate Developer Home Builder 8/18/2006 Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 44 of 67 Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 45 of 67 filson s From: advisoryboards @colliergov.net Sent: Sunday, August 13, 2006 8:48 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. County Board of County Commissioners + 3301 East Tamiami Trail Naples, FL 34112 ;- Tel: (239) 774 -3602 !' Fax: (239) 774 -3602 ' August 13, 2006 Application for Advisory Committees / Boards Name: George Gruszewski Home Phone: 239 - 353 -7690 Home Address: 888 13th St. NW City: Naples Zip Code: 34120 Fax Number: 239 - 353 -7690 Business Phone: 239 -353 -7690 Email Address: Shagaaman @earthlink.net Place of Employment: Guff Coast Motor Cars How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board ! Committee Applied for: East of 951 Horizon Study Advisory Committee Category: (if applicable) Citizen At -Large Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/14/2006 please list your community activities: Member of the Golden Gate Estates Civic Association Naples/Marco Antique Car Club Education: New York University Bachelor Degree, Mechanical Engineering Experience / Background: 15 Years Porsche Racing 7 Years Budweiser Racing 15 Years Owner, Gulf Coast Motor Cars 8/14/2006 Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 46 of 67 Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 47 of 67 filson s From: advisoryboards @colliergov.net • Sent: Thursday, August 10, 2006 4:20 PM To: filson_s Subject: New On -line Advisory Board Application Submitted. co Comity Board of County Commissioners 3301 East Tamiami Trail -� Naples, FL 34112 Tel: (239) 774.3602 Fax: (239) T74 -3602 ; August 10, 2006 Application for Advisory Committees 1 Boards Name: Pat Humphries Home Phone: 239 -455 -3761 Home Address: 441 20th Avenue NW City: Naples Zip Code: 34120 • Fax Number: No information provided. Business Phone: No information provided. Email Address: pathuml3(ci?aol.com Place of Employment: Retired How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: East of 951 Infrastructure Category: (if applicable) Civic Organization Member & Citizen Do you currently hold public office? No Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards / committees: 8/10/2006 Road Committee Please list your community activities: • Member and Director /Golden Gate Estates Civic Association 1996 - Present Committees: Shopping Center School Naming School Safety Zone /Oil Well Road Growth Management Water Wells Newsletter Eminent Domain/Picayune Strand State Forest Membership Participated in GGGEACA Forums & Meetings w/the County Dump Truck Forum Election Forums Special New Roads Workshops Hurricane Forums Town Hall Meetings Cleanup Projects Golden Gate Festival Member CAG (Civic Association Group) Volunteer Shy Wolf Sanctuary Member YMCA St. Elizabeth Seton Parish Education: High School Diploma Experience / Background: Resident of Florida since 1970;resident of Collier County since 1977 Retired from CCPS after 28 years as secretary in Purchasing, and Staff Development; homeoowner in Golden Gate Estates;three children; previously lived in • Virgina, New Jersey, St. Thomas, V.I. and Long Isand, NY 0 8/10/2006 Page 2 of 2 Agenda Item No. 9A November 28, 2006 Page 48 of 67 Page 1 of 3 Age a Item No. 9A No r 8, 2006 9 of 67 Commission - Home Advisory Board Application Advisory Board Advisory fill out the following form to apply For a Collier County Board J Committee. Once you Annual Please have filed out all of the necessary fields dick the continue button below. Board Agenda Boardroom Calendar * Enter Infolow 3. Print Information Board Meeting Recaps Find Your Commissioner District Name: RECEIVED Using the Boardroom Podium Computer Wiliam J. 16ep O as it appears on your voters registration AUG 9 2006 Civic Associations Please type your name Clerk of Courts Loser Fiche Moms Add s 1 : Board of County Commissioners 182 Newport Dr. #1008 District Map interpreter's Guide City: Zip Code: 34114 Meetings &Information Naples Fl. Press Releases Home Phone: Business Phone: Fax:__ 239- 842$770 815-530 -2731 _ .. ----- Ex. 239- 555 -5555 Ex. 239 -555 -5555 Ex. 239- 555-5 555 Important: In order to reeve a copy of your application you must enter a valid E -mail address. E -malt Address: biilkiep@yahoo.com Place of Employment: Resort Management South Sea's East How long have you lived , 1 - 2 years In Colmar County? -- Have you ever been convicted of any offense No against the law? ff yes, explain_ Are you a registered Yes voter in Collier County? It'd Board or Committee Applie1w. http: / /www. colliergov .net/bcc /advisorybOardfl.ndex. cfm 8/7/2006 Advisory Board Application • • 0 Advisory committee Category pfApplicabb }: Example: Commission District, Developer Environmentalist, Citizen At -Large, etc. Do you aurranty hold public of es? No , if yes, what office do you told? Do you now serve, or have you ever served on a Collier County No jg board or commutes? If Yes, Please list the boards / committees: Ner Please list your community activities and positions held: None in Florida In Illinois Offloer in the Loyal Order Of The Moose. Morris IP Lodge For 10 years Part Time Police Officer Village of Essex. Essex It. 15 years. Sergeant 3 years. Moms II. Board of Director Goose Lake Home Owners Association. 5 'z yeah:. Example: Civic clubs, neighborhood associations, etc. Education: Grade School 8 years. Providence H.S. 4 years graduated 1988 Some College Courses Experience / Background: See Community Activities Above., Worked for Public Wily 28 112 years. 12 years in maintenance 18 1/2 years in management. Parttmre Police Officer 15 years Email to Sue Fiison Raset Page 2 of 3 Agenda Item No. 9A November 28, 2006 Page 50 of 67 If you have any questions regarding this application please contact Sue Filson, Executive Manager to the Board of County Commissioners, at (239) 774 -8097 or email to suefilso colliergov.net If necessary you may download a hard copy of this application and submit to Sue Filson at: http://www.colliergov.net/bcc/advisoryboardfindex.cfin 8/7/2006 Advisory Board Application • a -1 Pagge 3 of 3 Agenda Item No. �JA Sue Filson, ExacutWe Marepr to the Board of County CommissonersN ovember 28, 2006 3301 East Tamiami Trail Page 51 of 67 Naples, FL 34112 You may also fax your application to (239) 774.3892. Home I Jobs I Using Our Stria 1 contact Us I Disclaimer I Privacy contact the wabmaster for technical questions about our web site. Copyright O 2000 - 2004 Collier County Goverment. AN Rights Reserved. Usage is licensed under the terms of the GNU Public License. Any other usage is strictly prohibited. h4..//Www.colliergov.net/bcc/adviso,yboa,,df,ndex.cfrn g/7 /200F filson_s From: advisoryboards@colliergov.net • Sent: Tuesday, August 08, 2006 9:07 AM To: filson s Subject: New On -line Advisory Board Application Submitted. cd , c,,,,,y Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774.3602 August 08, 2006 Application for Advisory Committees / Boards Name: Carolyn S Oppie Home Phone: 239 - 352 -1099 Home Address: 830 10th Ave. NW City: Naples Zip Code: 34120 Page 1 of 6 Agenda Item No. 9A November 28, 2006 Page 52 of 67 • Fax Number: No information provided. Business Phone: 239- 514 -1199 Email Address: csoppie@aol.com Place of Employment: Newell Property Management 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 / Committee Applied for: the East of County Road 951 Infrastructure and Services Horizon Study Public Participation Master Plan 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 8/8/2006 t - - -- Page 2 of 6 Agenda Item No. 9A November 28, 2006 Collier County board or committee? Page 53 of 67 Please list your community activities: • CAM - Community Association Manager Education: High School Diploma Some Business College Courses Experience 1 Background: Carolyn S. Oppie, CAM 830 10th Ave. NW Naples, FL 34120 Phone: 239 - 352 -1099 Cell Phone: 239 - 253 -2238 Objective: To promote growth, team spirit and utilize skills of success. Skills: Written & Oral Communication Analytical Quick Leamer Time Management Well Organized Problem Solving Motivated & Goal Oriented Team Building Philosophy Tenacious & Persistent Work Experience: Newell Property Management March 2006 - Position: Manager - Director Services Present Responsible for the day -to -day management and operation of 23 separate Condominium and Homeowners associations with combined budgets of $3.2 million. Solicits bids for various associations needs, including but not limited to insurance, road repairs, building repairs, janitorial, pool maintenance, lake management, fountain maintenance, • and street lighting. Responsible for administration of all landscape maintenance contracts, including solicitation, selection and direction of contractors. Working with Directors on requests or special projects currently under consideration. Combined experience on all aspects of Association Management. Kensington Park Master Association May 2005 — Position: Administrator March 2006 Responsible for the day - today management and operation of the Master Association and supervises all Master Association Personnel. The Administrator represents the Association in its dealings with the Club, with the various neighborhood associations, and with outside agencies. Responsible for administration of all landscape maintenance contracts, including solicitation, selection and direction of contractors. Solicits bids for various community needs, including but not limited to insurance, road repairs, and street lighting. Directs operation and maintenance of community irrigation system in conjunction with Country Club personnel. Directs general maintenance of association common property. Provides appropriate information to Association members. Prepares a draft of the annual budget for review by the Finance Committee, administers the approved version. Assists the various Committees of the board as needed as well as taking and producing all minutes. Prepares employee payroll information for Country Club processing. Responsible for all accounts receivable and accounts 8/8/2006 Page 3 of 6 Agenda Item No. 9A November 28, 2006 Page 54 of 67 payable for the Association. Reviews quarterly financial and other requested reports prior to disbursement to. the Board. Provides administrative assistance to Officers of • the Association. Collier Financial September 2004 Position: Client Liason May 2005 Main contact liaison between Association Board of Directors and the company to coordinate all aspects of yearly budget adoption and annual members meeting for over 130 Condominium Association and Homeowners Associations, working under very strict Florida state guidelines and time constraints. Main intemet coordinator for entire company ensuring that all communication between Associations and Accountants is done in a timely manner. Also responsible for maintaining signature cards and coordinating between the banks and the Board of Directors. Responsible for maintaining lease applications and getting them approved by the Associations in a timely manner as these are usually very time sensitive. The Coding Institute February 2004 - Position: Editorial Coordinator August 2004 Newswire projects including uploading material to be included in the various wires having a working knowledge of html. - Creating content for 7 separate wires consisting of researching publications for relevant information to include in the wires. - Ensuring that advertorials and other advertisements are included in the wires for which they were sold. - Scheduling wires so that • they reach subscribers in a timely fashion. Uploading publications to the OSS system - Ensuring publications are uploaded in a timely manner as some of them have same day deadlines. - Acquiring keywords from editors and uploading them in to the system for all publications. - Making sure there are no problems with uploaded articles. Working with consulting editors and editorial advisory board members including: - Working with launch team and editors to find EAB and CE candidates for new publications or to replace existing EAB members. - Researching via the internet candidates for the boards. - Point -of- contact for all EAB's and CE's. - Suggest, organize and implement gift- giving occasions for CE's and EAB members - Maintain updated contact list for all CE's and EAB's. MediaBrains October 2002 Position: Account Manager - February 2004 - Updating of accounts in production with data import, production dates, live dates and comments. - Update quotes, services and issue setup data. - Read through call reports, and write call reports about important meetings, conversations or email correspondence. - Create Services incidents for support and Issue Setup issues from clients and follow up on the incident to make sure it is completed. - Update contact . and company information in Onyx database. - Maintain client and internally imposed deadlines and tum- around times on recurring projects. - Track changes to sites, special requests and issue updates processed internally. - Track lead trends and discuss reporting with clients. - 8/8/2006 Page 3 of 6 Agenda Item No. 9A November 28, 2006 Page 54 of 67 Review publication and discuss promotional ideas to promote reader service. - Consult with Client "Best Practices" which can increase reader response and ensure data entry quality. - Consult with Data Entry on i card entry rules and guidelines. New or changed cards will be scanned and review with DE Supervisor. - Client training on use of MediaBrains system. - Client billing for all accounts that are billed an issue fee. - Site implementation using html code for the manipulation of clients C -Clamp to incorporate their website with our reader service website. SmartDisk Corporation February 2002 Position: Account Manager - October 2002 - Customer Account Manager for top 5 customers -Daily phone calls from top customers and public contact helping customers determine which SmartDisk product is right for their particular computer application, which requires some technical knowledge. - Emphasis on details for all orders for top customers and public order taking. -Top 5 customers requires daily maintenance of orders and communication of shipments, as well as Electronic Data Interchange maintenance orders. - Orders placed on company Internet site as well as company software data entry accounting program, Great Plains Shaw Aero Devices December 1999 Position: Account Manager - February 2002 - Primary customer contact with emphasis -.. on relationship building for daily tasks. -Acts as contact administrator for all open Purchase Orders. - Account . Manager is the owner of the throughput contribution (margin) for each product. - Provides leadership to other departments in responding to customer requests. - Communication is key with management and other departments to satisfy customers' requirements and requests. - Responsible for quote generation for new and repeat business. - Responsible for management of demand base forecasting. - Primary Accounts of Top 3 Customers — Pratt & Whitney, General Electric, Honeywell, Allied Signal, Rolls Royce, Hamilton Sunstrand, and Fiat. Sky Angel August 2000 Position: Customer Service Representative - November 2000 Part- time - Primary customer contact with public inquiries on product of Satellite programming. - Orders taken over phone and entered into system as well as problem solving for customers. Specialized Bicycles December 1998 — Position: Account Manager November 1999 - Inside Sales generation for Water Bottle Sales Division. - Responsible for lead generation, closing and repeat sales of custom art water bottles. - Customer relationship building, forecasting, database maintenance. Bell Sports November 1994 - Position: Account Specialist/Sporting Goods December 1998 - Develop and analyze spreadsheets to track business on a monthly, quarterly and annual basis. - Investigate and respond to all customer /sales manager inquiries. - Interface with factory to assure timely and accurate processing of all orders. -Enter all orders that are 8/8/2006 Page 4of6 Agenda Item No. 9A November 28, 2006 Page 55 of 67 Page 5 of 6 Agenda Item No. 9A November 28, 2006 Page 56 of 67 not EDI for Specialty and Mass. - Maintain customer information files. - Coordinate with Customers and Credit Dept to reconcile accounts. - Support annual line review. - w Update sales forecast weekly and forecast customers long range needs. Update - monthly sales reports. - Assist in creation and implementation of appropriate collateral and special merchandising programs. - Present line to existing and new accounts both over the phone and in person. - Liaison with other divisions on account issues. - Develop and maintain relationship with distributors and representatives. -Attend tradeshows and sales meetings as required. Position: Account Representative -To provides total account management. Analyze daily EDI orders to ensure accuracy. - Follow -up on all aspects of orders, including monitoring cancel dates, possible backorder situations and being pro - active when necessary. - Respond to any post - shipment issues in a timely fashion, including return requests and debit/credit issues. - Maintain files and pertinent information including pricing, and customer information. - Respond to individual store requests and obtaining prior credit approval when necessary. - Respond to Rep's requests in a timely fashion as well as doing open order reports to be more pro - active in obtaining answers before they become issues. NewEra Software June 1991 - Position: Account Executive November 1994 Started in an Executive Administrative Assistant position for two months and was promoted to Sales Representative for four months. Promoted to Account Executive with responsibilities for lead generation, customer relationship building, forecasting, database maintenance, closing and repeat sales. Produced over $100,000 in sales for 1995. Concept Merchandising January 1986 Position: Territory Supervisor - May 1991 Responsible for customer relations, supervision of 15 merchandisers in the entire Bay Area. Daily merchandiser, customer and home office communication. Written reports, weekly budget control of hours, sales forecasting and analyzation of POS reports. Monthly meetings with emphasis on customer relations, time management, professional positive attitude and sales generation. Toko America January 1982 Position: Customer Service Manager /Office Manager - October 1986 Customer Service Manager and Office Manager for territory sales office of electronic component manufacturer. Complete knowledge of running territory sales office with emphasis on inside sales, supervision of customer service personnel. Lead generation, customer relations, reports, budgets, forecasting and office management skills. Marubeni International July 1978 0 Position: Inside Sales Representative - January 1982 Responsible for inside sales support of Account Executives for semiconductor equipment, Wafer Fab, Die Attach, Wire Bonder, and Die Bonder sales. Zilog Inc. January 1975 Position: Sales/Marketing Secretary - June 8/8/2006 Page 5 of 6 Agenda Item No. 9A November 28, 2006 Page 56 of 67 0 a 1978 All duties of office work reporting to Sales and Marketing Manager. 8/8/2006 Page 6 of 6 Agenda Item No. 9A November 28, 2006 Page 57 of 67 Agenda Item No. 9A Board of County Commissioners �• 200 3301 East Tamia►ni Trail ' Naples, FL 3dI12 ���,��os 239 774-8097 ( ) ..� Lf Cur: Fax: (239) 7743602 erg AR }r .1,: 1 Application for Advisory Committees/Boards Name: --I t T t L t4-4 R> .� M i TF� 3� 1 l `J 310 Home Phone: 3 S�� - aZ j Home Address: 3 TO F /2o-O,% i PA, -it A U K Zip Code: 3 Fax No. Business Phone: e -mail address: 5FAXP f/7%' C!o Business: SIAM -r( R F_ 6 4--/ 7-o p-A) E Board or Committee A i' d f •�f} r. a PP ►e o S / �D� kiZ `'1 �,fl � 9S% /A) ��S' Z4CTa q N S�RV Ic>=s ped7 -( Za,� sTK _Py PKa4� ('AR tc��r�7i�v Kos 2 f.N•� co�n�7� Category (if applicable):: / - I -S- / 2 r ," °t-- D RT •,l O 1.0 fv Example: Commission District, Developer, environmentalist, lay person, etc. - Are you a registered voter in Collier County: Yes V____ No Do you currently hold public office? Yes No L--- If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes 4-,-- No If yes, please list the committc oar IJ ! a N h tE W T14 .L L1 iZ A L F R 1 �G ie_ fl ID n 13 x U) S o D u nJ <!� � \ y a A-2 Please list vour community activities (civic clubs, neighborhood associations, etc. and positions held COLD V�-w G,- .4Y % t�s -rA}-M S R R C t✓ I s s 0 c ( '7-1 v s} 6- o iti .., ,_,q -f c i-f A--ft J3 1�7 a fi o K n iz R c i r;L c -r-c> r Education: k,4 W SC 1-4-0 c) b, t5 6-1,2, gv_� V_ C J ➢ U r, t ✓ v 4-- t� I- f} s ( b -r,- — Please aaacli an }, addidonal inforaradon yon feel perrinau This application should he forwarded to Site Filson, Lxeartive Manager to the Board of County Commissioners, 3301 East Tantiffad Trail, Naples, FL 34112. Ifyou Wish, please far your application to (239)774 -3602 or email to see&Totd- colliernonncL Thank yon for volunteering to serve the citizetrs of Collier County. Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 59 of 67 filson s From: advisoryboards @c:olliergov.net • Sent: Thursday, August 03, 2006 11:03 PM To: ftison_s Subject: New On -line Advisory Board Application Submitted. county Board of County Commissioners .4 cO 67 3301 East Tamlami Trail at Naples, FL 34112 Tel: (238) 774 -3602 l• Fax: (239) 774 -3602 • August 03, 2006 Application for Advisory Committees / Boards Name: Mark Teaters Home Phone: 239 - 304 -1361 Home Address: 140 Wilson Blvd South City: Naples Zip Code: 34117 • Fax Number: 239 - 3041817 Business Phone: 239 -304 -1817 Email Address: mteaters@aoi.com Place of Employment: Naples Service & Supply, Inc. How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board / Committee Applied for: The East of Collier Boulevard Infrastructure and Services Horizon Study Public Participation Master Plan 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 8/4/2006 • 8/4/2006 Collier County board or committee? Please list your community activities: Current President - Golden Gate Estates Area Civic Association Past President - South Wilson Boulevard Civic Association Golden Gate Festival Committee Cool Cruisers Eastern Collier Presidents Council Education: Naples High School Graduate 1974 Certified Sanitarian Master Hotel Supplier - MHS Various continuing education Experience / Background: Co-Owner - Naples Service & Supply Inc. - Feb. 2002 - Present Marketing Manager, JanSan - Bunzl USA JanSan Consultant - Colonial Paper Company Vice President - Papermaster Orlando Maintenance Supply Manager - Unisource Worldwide General Manager - Naples Sanitary Supply Page 2 of 2 Agenda ltem No. 9A November 28, 2006 Page 60 of 67 Page 1 of 2 Agenda Item No. 9A November 28, 2006 Page 61 of 67 filson_s From: advisoryboards@colliergov.net Sent: Friday, August 18, 2006 8:49 AM To: filson_s Subject: New On -line Advisory Board Application Submitted. C ..ty Board of County Commissioners . 3301 East Tamlami Trail , Naples, FL 34112 Tel: (238) 774 -3602 1 Fax: (239) 774 -3602 _ August 18, 2006 Application for Advisory Committees I Boards Name: Scott Truesdell Home Phone: 239 - 732 -7374 Home Address: 1603 Whippoorwill Lane City: Naples Zip Code: 34105 Fax Number: 239 - 732 -0428 Business Phone: 239 - 732 -7374 Email Address: struesdell @tollbrothersinc.com Place of Employment: Toll Brothers 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? No Board I Committee Applied for: East of 951 Master Committee Category: (if applicable) Developer Do you currently hold public office? No Do you now serve, or have you served on a No Collier County board or committee? 8/18/2006 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 9A November 28, 2006 Application for Advisory Committees/Boards Name: Peggy E. Whitbeck Phone: (239) 353 -2367 Home Address: 1450 Kapok Street Zip Code: 34117 Fax No. (239) 5949566 Business Phone: (239) 594 -7770 e-mail address: peuwhitbe(a)aol.com or peggy.wh itbeek(d'ironstoneban k.com Place of Employment: Ironstone Bank Board or Committee Applied for: The East of 951 Study - Master Plan Committee Category (if applicable): Example: Commission District, Developer, enviroaneatalist, lay person, etc. How long have you lived in Collier County: Years 20 Tears_ Months Are you a registered voter in Colder County: Yes _X No _ Do you currently hold public office? Yes No _X If so, what is that office? I am the Treasurer of the Frangipani Ag Community Area Civic As Have you ever been convicted of any offense against the Law? Yes No _,X if yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the committeesfboards: Please list your community activities (civic clap neighborhood �iaa1 �positions hem as the I served as President and also Secretary Treasurer Civic of the Golden Gate Chamber. I served as the Treasurer TreGas scs�of the lE'`icangipani Essociation, I also served as president, Secretary, Community Area Civic Asssociadon. 2006 Precinct Volunteer: Clerk (Currently in Training for 5e voting Day and then again for November S"'. Education: I do not have degree but I have considerable education in the fields of Chemistry, Computer program and language, and now banking. Experience: the industry. Worked with EPA 15 pears of experience is Research do Devrlapme William Co.). in removing hazardous chemical in consumer and industrial coating's 5 years of Computer programming and technical saPPort of - 15 years of Banking experience. per at Ironstone Bank- I am currently Assistant Vice president and Banking Agenda Item No. 9A November 28, 2006 Pace 64 of 67 Pleose attach any addifia�el iryonwuw'ion youledPOO&O= This aPP shout be forwarded m blwe Fflsos, ExeCK ►e Macaw" to Me Boord of County Conunisalonem 3301 East Tawli wd Trail. vo, FL 34r1 to lum f ddze>ss of Collier Batton to (139)774 -3601 or e- nsaUto vuelilsodWrolliereov.net TkmkyOuf o - - -- AgendpiWIWBA November 28, 2006 Page 65 of 67 fflson s From: advisoryboards jWrw.nst • Soft Wednesday, August 02, 200610:56 AM To: filson s Subject: New On4ne A&" Board Application Subrn091 Board of County Commissioners . 3301 East Taraiand TrIMM Naples, FL. 34112 ' TN: (Z3t) 774,1402 Fax: (917744M August 02, 2006 Application for Advisory Committees 1 Boards Name: Clarenoe S. Tears, Jr. Home Phone: 239 -348 -1356 Home Address: 320 Larnbton Lane City: Naples ZIP Code: 34104 —. • Fax Number. 239 - 597 -4987 Business Phone: 239 - 597 -1505 Email Address: ctear8lrG$hwnd•g0v Place of Employment Big Cypress Basin South Florida Water District Manageffient How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the lam No Are you a registered voter in Collier County? Yes Board / CommMbe Applied for: East Of u County r a Services 9ervices Horizon Study Public Participation Master Plan Committee Category: (if appikable) No information provided • Do you currently hold public office? No 8/2/2006 0 • 8/2!2006 Do you now serve, or hw* you serval on a Collier County board or co nni"ve? N yes, Pieaee list the boards / Gw%". itb�es: IMMPVC Lake Trafford TasWorce Please list your community activi*w: Char Leadership CoNm Board of Directors Leadership Fkxida Director of Youth Ministry Multiple Sclerosis community leader 2001 Education: AA Civil Engineering BS Administration MBA Experience / Background: 20 plus years in water resource management and longterm planning Agend2lbf2A November 28, 2006 Yes Page 66 of 67 Agenda Item No. 9A November 28, 2006 Page 67 of 67 Board of County Commissioners 3301 East Tamiami Trail Napks, FL 34112 (239) 774-00'97 ; Fax: (239) 774 -3602 Application for Advisory Committees/Boards Board or Commit/a Applkd for. Eas�of'!S1 - Category (if aw ic"): Laample: co..Mira Dbu**. DavbW, ate. b !e* eta How loq have you tfved is Corkr Couaty: Years Maalhs --L-- Are you a regbftrvd voter IN CoWce' Couaty: Yam - -Ne -- M ym corm* hoid punk eAkc? Yes No X If ON what k"eAiee! Have you ever bean coavieted of say owe 20hMA the Law? Yes X No Dyes, eiplm: Do yee eww eerro. er t+aw yep owr eerrei. N a Gikr CeeeMy t+e�N er a�e•UMe? Yu Ns X If yet, O,. Wt the anONOW beards: Please list your eoaeeauuity activities (eivie eb $, MdOW and 0M ota. Sad P"New bald: -- _ -� -- .. -- .---Awda� _ firr„AIdn"_ I.HOM xaeec .Medt��i/tbertidiirwefrwyrsl ��� lei �ieaMie, �Wr """'/de.AWjupw68iaeaelneMame a Agenda Item No. 913 November 28, 2006 EXECUTIVE SUMMARY Page 1 of 8 r-. APPOINTMENT OF MEMBER(S) TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve a 2 year term, expiring on December 31, 2008, to the Isles of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee has 2 terms expiring on December 31, 2006 and 1 vacancy with the term expiring on 2007. This 5 member committee advises the Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within the boundaries of the Isles of Capri Municipal Fire Services Taxing District. A list of the current membership is included in the backup. Mr. William Rafeldt served on the committee from March 22, 2005 to December 31, 2005; Ms. Regina Day's term will expire on December 31, 2006 and Mr. Benjamin F. Pearson resigned on June 1, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CAT_ EGORY DIST ELECTOR ADV. COMM. William F. Rafeldt Resides within MSTU I Yes None COMMITTEE RECOMMENDATION: William F. Rafeldt — term expiring on 12/31/08 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 28, 2006 Agenda Item No. 9B November 28, 2006 Page 2 of B COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 96 Item Summary: Appointment of member to the Isies of Caprl Fire Control District Advisory Committee. Meeting Date: 11128%2006 9.00 -.00 AM Prepared By Executive Manager to the BCC Date Sue Filson Board of County 111112006 8:55:52 AM BCC Office Commissioners Approved By James V. MUtld Count y Manager Date Board of County County Manager's Office 1111512006 7:46 PM Commissioners ISLES OF CAPRI FIRE / RESCt ;fibItm No. 98 er 28, 2006 Page 3 of 8 Memorandum To: SUE FILSON From: CHIEF RODRIGUEZ Date: 11 -03 -06 Ref RECONIN1EENDATION TO APPOINT BOARD MEMBER The Isles of Capri Fire District Advisory Board met on Thursday, Nov. 2. The Advisory Board voted unanimously to recommend William Rafeldt for appointment to the Board. Mr. Rafeldt last served in 2005. He had attended all of the meetings held during his appointment for 2005 including: April 14, May 5, June 9, July 7, August 11, October 6, and December 1. If approved, William Rafeldt's term would be effective through Dec. 31, 2008. 175 CAPRI BLVD - NAPLES, FLORIDA 34113 OFFICE: (239) 394 -8770 - FAX: (239) 394-5862 - WWW.CAPRIFIRE.NET Agenda Item No. 95 November 28, 2006 Page 4 of 8 Isles of Capri Fire Control District Advisory Committee Work Phone Appt'd F-V. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. William Rafeldt 03/22/05 12/31/05 9 Months 1308 Mainsail Drive, #911 389 -1209 Naples, FL 34114 E-Mail. District: 1 Category. Resides within MSTU Mr. Joseph Langkawel 159 San Salvador Naples, FL 34113 E -Mail: langkawel @comcast.net District: 1 Category: Resides within MSTU Mr. Kirk P. Colvin 163 San Salvador Street 1 Naples, FL 34113 E -Mail: kirk@nicoProductions.aol District: 1 Category: Resides within MSTU Ms. Regina Day 163 Trinidad Street Naples, FL 34113 E.Mail: rdaymeet @aol.com District. i Category: Resides within MSTU Mr. Benjamin F. Pearson ,-9 � 152 E. Hilo Street C Va14 Naples, FL 34113 E -Mail. bfpiii@yahoo.com District: 1 Category: Resides within MSTU 389 -3898 642 -0157 6420157 393 -2103 389 -2198 3949888 389.1173 06/20/06 12/13/05 01/11/05 01/14/03 01/11/05 Page 1 of 2 Wednesday, Jane 21, 2006 12/31/08 12/31/07 12/31/06 12/31/04 12/31/06 2 Years 2 Years 2 Years 2 Years 2 Years Agenda Item No. 9B November 28, 2006 Page 5 of 8 Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 5 member committee was cheated by Ord. No. 75.09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Temrs are 2 years. 3943206, fax 394 -5882 FL STAT 125.01 Staff.• Chief Emilio Rodriguez, Isles of Capri Fire Depart: 394 -8770 ( Wednesday, Jane 21, Page 2 of 2 MEMORANDUM DATE: October 27, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9B November 28, 2006 Page 6 of 8 RECEIVED OCT 3 120 Board Of County comiujon9rs 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. ISLES OF CAPRI FCD ADV COMM COMNIISSION DISTRICT William F. Rafeldt ) 1308 Mainsail Drive, #911 Naples, FL 34114 Thank you for your help. Agenda item No. 9B November 28, 2006 MEMORANDUM Page 7of8 DATE: October 27, 2006 TO: Chief Emilio Rodriguez Isle of Capri Fire District FROM: Sue Filson, Executive Manager, i Board of County Commission RE: Isles of Capri Fire Control District Advisory Committee As you know, we currently have vacancies on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: William F. Rafeldt 1308 Mainsail Drive, #911 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 Board of County Commie 3301 East Tamiami Trail Naples, FL 34112 • (239) 774 -8097 Fax: (239) 774 -3602 �- Item No. 9B er 28, 2006 Page 8 of 8 ssioners Aun �rd of C "o is no Bed"r� of Coun Application for Advisory Committees /Boards 1!� Home Phone: Z 3 q 3 �'?' Name: p j' � � / %�✓00 V' v'- Zip Code: --3 Home Address: / � Fax No. Busin ss Phone: e-mail address: Place of �.�1Z t � C Board or Committee Applied for: Category ( if applicable): A-L) Viso g / Example: Commission District, Developer, eovironmentabst, lay p erson, et� c. How long have you lived in Collier County: Years 6 Months _ Are you a registered voter in Collier County: Yes No_._.-- Do you currently hold public office? Yes No V� . If so, what is that office? Have you ever been convicted of any offense against the Law? Yes If yes, explain: ever served, on a Collier County board or committee? Yes No Do you now serve, or have you [ If yes, please list the committees /boards: plPace List vour community activities (civic clubs, neighborhood associations, etc. and positions /-C T ,Pz j 0 Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filpo�i QEzecut Executive Manager to the Board of County Commissioners, 3301 East Tamiami TraouNapl'ess,, volunteering 3411 to serve the citizens of C Itier County. (239)774 -3602 or e-mail to suettlson(a�FOWereov.net Thank y for P zY yJR EXECUTIVE SUMMARY Agenda Item No. 9C November 28, 2006 Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS OBJECTIVE: To appoint 1 member to fulfill the remainder of a 4 year term, expiring on August 9, 2009, to the Board of Building Adjustments and Appeals. CONSIDERATIONS: The Board of Building Adjustments and Appeals has one vacancy with the term expiring on August 9, 2009. This five member board was established by Ord. 83 -16 (amended by Ord. No. 91 -57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91 -102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Building Codes: Florida Building Code Building, Florida Building Code Residential, Florida Building Code Existing Buildings, National Electrical Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code and Florida Plumbing Code. The membership term is four years. The meetings are held quarterly, or on an as- needed basis. This is a Quasi Judicial Board. A list of the current membership is included in the backup. We currently have 1 vacancy. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Robert David Vi liotti Plumbing Contractor 13 1 Yes I Collier County Planning Commission COMMITTEE RECOMMENDATION: Quasi - Judicial — No recommendation; however, staff has indicated that the applicant does meet the criteria of "Licensed Plumbing Contractor ". FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request 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 28, 2006 rmia Item Number: Item Summary: Meeting Date: Prepared By Sue Filson Board of County Commissioners Approved By James V, Mudd Board of County Commissioners Agenda Item No. 9C November 26, 2006 Page 2 of 8 COLLIER COUNTY BOARD OF COt1NTy COMMISSIONERS 93 ,Appointment of member to the Board of Building Adjustments and Appeals. 11!2812006 9 00 -00 AM Executive Manager to the BCC BCC Office County Manager County Manager's Office Date 1111/2006 8:55:52 AM Date 11/1712006 4:27 PM Memo i To: Sue Filson Agenda item Na. 9C Novernber 28, 2006 Page 3 of 8 RECEIVED NOV 03 Board of County Commissioners From: Bill Hammond, Director Building Review and Permitting Department Date: 11/2/2006 Re: Board of Adjustments and Appeals Candidates I have reviewed the candidate application submitted; in accordance with Collier County Land Development Code section 8.05.03, A., I forward the following; Robert David Vigliotti — the resume submitted contains information detailing the candidate meets the qualifications for membership on the Board under the plumbing contractor occupation, per the code section noted above. Sincerely, B' H mmond Cc: file 1 Agenda Item No. 9C November 28, 2006 Page 4 of 8 Board of Building Adjustments and Appeals Mr. Edward A. Wood 425 -7724 02/14/06 08/09/08 142 Bennington Drive, #3 877 -6429 Naples, FL 34104 E -Mail. edwardwood@wcicommunities.com District: 3 Category: Class "A" General Contractor Mr. Leo F. Rodgers 1101 Monroe Street Immokalee, FL 34142 E Mail: ifdinsp30 @earthlink.net District: 5 Category: Lt. Fire Inspector VACANT Naples, FL E -Mail. District: Category: Plumbing Contractor Mr. Kenneth R. Rech 1491 25th Street, S.W. Naples, FL 34117 E -Mail. kenrech@swila.rr.com District: 5 Category: Licensed Engineer 657 -2700 07/29/03 657 -3601 11/16/04 403 -2499 11/16/04 455 -1119 Wednesday, February 15, 2006 Page I of 2 08/09/04 08/09/08 08/09/05 08/09/08 2 Years 1 Year 4 Years 4 Years Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndSxpDate 2nd Term Mr. Bradley W. Schiffer 254-0285 11/13/01 10 111105 08/09/05 4 Years 08/09/09 4 Years 520 Sugar Pine Lane 254 -0285 Naples, FL 34108 E Mail: Brad @taxis - usa.com District. 2 Category: Architect Mr. Edward A. Wood 425 -7724 02/14/06 08/09/08 142 Bennington Drive, #3 877 -6429 Naples, FL 34104 E -Mail. edwardwood@wcicommunities.com District: 3 Category: Class "A" General Contractor Mr. Leo F. Rodgers 1101 Monroe Street Immokalee, FL 34142 E Mail: ifdinsp30 @earthlink.net District: 5 Category: Lt. Fire Inspector VACANT Naples, FL E -Mail. District: Category: Plumbing Contractor Mr. Kenneth R. Rech 1491 25th Street, S.W. Naples, FL 34117 E -Mail. kenrech@swila.rr.com District: 5 Category: Licensed Engineer 657 -2700 07/29/03 657 -3601 11/16/04 403 -2499 11/16/04 455 -1119 Wednesday, February 15, 2006 Page I of 2 08/09/04 08/09/08 08/09/05 08/09/08 2 Years 1 Year 4 Years 4 Years Aaenua Item No. 9C PJovember 28, 2006 Page 5 of 8 Board of Building Adjustments and Appeals Name Rork Phone Appt`d Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This five member board was established by Ord. 83 16 (amended by Ord. No. 91 57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91 102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer, one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Mambers must be knowledgeable in the following Building Codes: Florida Building Code Building, Florida Building Code Residential, Florida Building Code Existing Buildings, National Electrical Code, Florida Fire Prevention Code, Florida Fuel Gas Code, Florida Mechanical Code and Florida Plumbing Code. The membership term is four years. The meetings are held quarterly, or on an as needed basis. This is a Quasi Judicial Board. FL STAT none Staff Bill Hammond, Bldg Review & Permitting Director: 403 -2442 Wednesday. February 15. 2006 Page 2 of 2 MEMORANDUM DATE: October 27, 2006 TO: Elections Office FROM: Sue Filson, Executive Manager , Board of County Commissioners RE: Voter Registration - Advisory Board Appointments Agenda item No. 9C November 28, 2006 Page 6 of 8 RECEIVED OCT 3 12006 Board of County Commit nem 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. BD OF BLDG ADJ & APPEALS COMMISSION DISTRICT Robert Vigliotti 578 Hammock Isle Drive Naples, FL 34119 Thank you for your help. Agenda Item No. 9C November 28, 2006 MEMORANDUM Page 7of8 DATE: October 27, 2006 TO: Bill Hammond, Building Review and ermitting Director FROM: Sue Filson, Executive Manager Board of County Commission RE: Board of Building Adjustments and Appeals 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: Robert Vigliotti 578 Hammock Isle Drive Naples, FL 34119 Please let me know, in writing within the 41 day time- frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants 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 Talniami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda item No. 9C R c rI 'V8 2006 G kq 8 00 8 0(: 1L y 1 2006 1 rf C n m ssioners l- Application for Advisory CommitteesBoards -2 / / .�y�/ Home Phone: Name: fak"—O ��`" /► �, ! g ��p / Rome Address: o�1 fi c�J Lc s /��- -Zip Code: Q L /U,? 7 Business Phone: o? / 3" 104149 e-mail address Fax Noisy' G 7 'V-- J je Business: G/9C S1 or Board or Committee Applied for: ^ °A'0 O �'�q '�yS Tom► l3 "����" �Au .� l G b G � c'2 Category (if applicable) : AIX lo'r/Q erson,etc. Example: Commission District, Developer, environmentalktt, lay p Are you a registered voter in Collier County: Yes�_so________ Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes_ No If yes, please list the committees/boards: o 1110 A L-a /71L G d� Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 2O O Educatio Experience: w Please attach ally additional iufannadon you feel pertinent This application should be forwarded to Site Fflsort, ErQ cue ` ilia Manager to the Board of County Commissioners, 3301 East Taadanai Trail, Naples, FL 34112 1f you wish, please fax your ppl io (239)774 -3602 or entail to riufikon(a colliergau uet Thank you for volunteering to serve the citizens of Collier Cauat}'. Agenda Item No. 9D November 28, 2006 EXECUTIVE SUMMARY Page 1 of 9 APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on September 23, 2010, to the Immokalee Beautification MSTU Advisory Committee. CONSIDERATIONS: The Immokalee Beautification MSTU Advisory Committee had 2 terms expire on September 23, 2006. This 5 member committee advises the Board of County Commissioners on the budget and related matters pertaining to the beautification taxing district. Members must be residents of the Immokalee Beautification Taxing District. Terms are 4 years. A list of the current membership is included in the backup. The terms for Sharon K. Tims and Barnardo Barnhart expired on September 23, 2006. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William De yo Resides within MSTU 5 7 Yes I None COMMITTEE RECOMMENDATION: William Deyo, term expiring September 23, 2010 FISCAL IMPACT: NONE r-- 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 28, 2006 Item Number: Item Summary: Meeting Date: Prepared By Sue Filson Board of County Commissioners Approved By James V. Mudd Board of County Commissioners Agenda Item No. 9D November 28, 2000 Page 2 of rJ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS JD Appointment of member to the Immokalee Beautification, MSTU Advisory Committee. 11/2W2006 9.0000 AM Executive Manager to the BCC BCC Office County Manager County Manager's office Date 1111612006 11:14:06 AM Date 11!1712006 4:30 PM TO: FROM: DATE: Agenda Item No. 9D November 28. 2006 Page 3 of 9 Sue Filson, Executive Manager Board of County Commissioners Tessie Sillery, Operations Coordinator November 17, 2006 SUBJECT: Immokalee Beautification MSTU Recommendation to the Board to fill vacant position The Immokalee Beautification MSTU has received and reviewed one application by the prescribed deadline for its vacancy due to a term expiring. Applicant was evaluated and interviewed based on the potential contribution to the Committee. The applicant below meets the criteria as established per the Immokalee Beautification MSTU Ordinance. The Committee recommends the following applicant for appointment to the vacant term as indicated below: TYPE OF TERM FIELD OF NAME APPOINTMENT EXPIRES EXPERTISE/CATEGORY William Deyo New - Appointment 09 -23 -10 Immokalee resident 15 + years. Self Employed- Background — None provided Community Activities - Past Board Member of the Immokalee Family Life Center, School Advisory Committee — Highlands Elementary trustee for Immokalee Christian Center Please let me know you need any other information Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9D November 28, 2006 Page 4 of 9 Immokalee Beautification kSTU Advisory Committee Work Phone 1, Appt `d ExR Date Term Name Home Phone i DateRe-appt 2ndExpDate 2nd Term Ms. Cherryle Thomas 377 -0296 10/04/88 09/23/92 4 Years 1205 Orchid Avenue 657 -5441 03/08/05 09/23/09 4 Years Immokalee, FL 34142 E -Mail: fntjr@aol.com District: 5 Category: Resident in MSTU District Ms. Dorcas F. Howard 377 -8604 03/28/89 501 Eustis Avenue, P.O. Box 154 657 -3492 03/08/05 Immokalee, FL 34143 E -Mail: District: 5 Category: Resident in MSTU District Ms. Sharon K. Tims 11/14/00 mm _ 202 Eustis Avenue 03/11/03 Immokalee, FL 34142 E -Mail: District. 5 Category. Resident in MSTU District Mr. Barnardo Barnhart 657 -3171 01/10/04 917 Laurel Street 229-MM Immokalee, FL 34142 i E -Mail bbambart@floridacommunkybank.inc District: 5 Category: Resident in MSTU District Ms. Rita Avalos 334 -4554 09/23/86 1507 Eighth Avenue 657 - 753,17 03/08/05 Immokalee, FL 34142 E -Mail. rita.avalos@fris.org District. 5 Category: Resident in MSTU District lVednesday, Atarch 09, 2005 Page ] of 2 09/23/92 09/23/08 09/23/02 09/23/06 09/23/06 09/23/88 09/23/08 4 Years 4 Years 2 Years 4 Years 3 Years 2 Years 4 Years Agenda Item No. 9D November 28, 2006 Page 5 of 9 Immokalee Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone i DateRe -appt 2niWxpDate 2nd Term This 5 member committee was created by Ord. Not 85-65, amended by Ord. No. 90-8 and 92- 40 to assist the Board of County Commissioners in; the business affairs of the Immokalee Beautification Taxing District, and prepare and recommend an itemized budget to cant' out the business of the district for each fiscal year. Membership represents the population of the area within the Immokalee Beautification District. Ord. No. 2002 -52 was adopted on 10122/02 changing membership as follows: 4 members shall be permanent residents within the MSTU and 1 member may be an owner of residential or commercial property with in the MSTU or may be an individual, an officer of a corporation, or a partner of a partnership. Terms are 4 years. FL STAT 125.01 staff: Transportation Operations Coordinator - 447 -eOS t Tess ;c S, Very J3-sByD uzednesday, March 09, 2005 Page 2 of 2 Agenda Item No. 9D November 28, 2006 Page 6 of 9 MEMORANDUM . ., . ,..... .. DATE: August 28, 2006 TO: Elections Office FROM: Sue Filson, Executive Manage Board of County Commissioners 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. IMMOKALEE BEAUTIFICATION ADV COMM COMMISSION DISTRICT William Deyo P.O. Box 5204 Immokalee, FL 34143 Thank you for your help. Agenda Item No. 9D November 28, 2006 MEMORANDUM Page 7of9 DATE: August 28, 2006 TO: Tessie Sillery, Transportation OpFrations FROM: Sue Filson, Executive Manager Board of County Commission RE: Immokalee 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 your review as follows: William Deyo P.O. Box 5204 Immokalee, FL 34143 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 w From: advisoryboards @colliergov.net • Sent: Tuesday, August 22, 2006 8:30 AM To: filson_s Subject: New On -line Advisory Board Application Submitted. e,„t,, Board of County Commissioners cm 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774 -3602 Fax: (239) 774 -3602 August 22, 2006 Application for Advisory Committees / Boards Name: William Deyo Home Phone: 239 - 657 -6894 Home Address: P.O. Box 5204 Page 1 of 2 Agenda Item No, 9D November 28, 2006 Page 8 of 9 City: Immokalee Zip Code: 34143 Fax Number: 239 - 657 -6894 Business Phone: 239 - 290 -8011 Email Address: william—deyo@yahoo.com Place of Employment: Self employed How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board 1 Committee Applied for: Immokalee Beautification MSTU Advisory Committee Category: (if applicable) Resident Do you currently hold public office? No Do you now serve, or have you served on a Collier County board or committee? 8/22/2006 Ime Please list your community activities: Past Board Member of the Immokalee Family Life Center School Advisory Committee - Highlands Elementary • Trustee for Immokalee Christian Center Education: No information provided. • 8/22/2006 Experience / Background: No information provided. Page 2 of 2 Agenda Item No. 9D November 28, 2006 Page 9 of 9 Agenda Item No. 10A November 28, 2006 Page 1 of 29 EXECUTIVE SUMMARY Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida, endorsing MDG Capital Corporation's application to the State of Florida for Community Workforce Housing Innovation Pilot (CWHIP) Program funding. OBJECTIVE: To have the Board of County Commissioners (BCC) adopt a Resolution, endorsing MDG Capital Corporation's application to the State of Florida for Community Workforce Housing Innovation Pilot (CWHIP) Program funding. CONSIDERATIONS: The 2006 Florida Legislature passed House Bill 1363 (Ch. 2006 -69, s. 27, Laws of Fla.), a housing bill focused on addressing some of the affordable housing challenges the State currently faces. HB 1363 includes $50 million for an affordable housing pilot program called the Community Workforce Housing Innovation Pilot Program (CWHIP). The Florida Housing Finance Corporation will administer the CWHIP, and these funds will be awarded on a competitive basis through a Request for Proposals (RFP) process to public - private entities seeking to build affordable housing for Florida's workforce. The CWHIP Program is targeted to high cost and high growth counties, of which Collier County ranks #2 and #4 in the State respectively. CWHIP funding is available through the State's RFP process to public - private partnerships proposing to build affordable housing. Funding is limited to $5,000,000 per application and only one application per county may be funded. A public - private partnership has been formed in Collier County consisting of the School District of Collier County, the Collier County Sheriff's Office, the City of Naples, NCH Healthcare System, Inc., Health Management Associates, and MDG Capital Corporation. This partnership calls itself the ESP (Essential Services Personnel) Group. The ESP Group plans to apply for CWHIP funding through MDG Capital Corporation. The group plans to pursue the development of 100 rental units and 50 owner - occupied units that will be made available to employees of the ESP Group who are between 60% and 140% of area median income (adjusted for family size). The group is exploring multiple site locations including the 23 acre First Assembly Ministries Education and Rehabilitation Campus PUD located at 3805 The Lord's Way, Naples FL 34114. Agenda Item No. 10A November 28, 2006 Page 2 of 29 It is a requirement of the CWHIP program that applications receive the endorsement of the local County. Endorsement of a CWHIP application does not favor, prejudice, circumvent, or preclude any future development approvals that may be sought or needed for the project FISCAL IMPACT: There is no fiscal impact associated with endorsing this application for CWHIP Funding. GROWTH MANAGEMENT IMPACT: The CWHIP program is consistent with and supports the Housing Element of the Collier County Growth Management Plan by providing housing assistance and other programs to improve the health, safety and welfare of the very low to moderate- income residents of the community. AFFORDABLE HOUSING COMMISSION RECOMMENDATION: The ESP Group made a presentation to the Collier County Affordable Housing Commission on November 9, 2006. The Affordable Housing Commission voted unanimously to recommend that the Board of County Commissioners support and endorse this CWHIP application. LEGAL CONSIDERATIONS: This request is internally consistent, complies with all applicable laws and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the BCC adopt a Resolution endorsing MDG Capital Corporation's application to the State of Florida for Community Workforce Housing Innovation Pilot (CWHIP) Program funding. Prepared by: Cormac Giblin, Housing and Grants Manager Operations Support and Housing Agenda Item No, 10A November 28, 2006 Page 3 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1DA Item Summary: This item to oe heard at 11'.00 a . Recommendation to approve a Resolution of the Board of County Commissioners of Collier County. Florida. endorsing MDG Capital Corporations application to the State of Florida for Community Workforce Housing Innovation Pilot (C'WHIP)i Program funding ;Joseph K. Schmitt. Administrator. Community Development) Meeting Date: 11128/2006 9.00 OC AM Prepared By Cormac Giblin Housing Development Manager Date Community Development & Financial Admin. 8 Housing 1111312006 8:37:08 AM Environmental Services Approved By Cormac Giblin Housing Development Manager Date Community Development & Financial Admin. &Housing 11!14;2006 10:35 AM Environmental Services Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 1111512006 8:11 AM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development 8 Environmental Services Environmental Services Admin. 11115f2006 10:53 AM Approved By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1111512006 9:07 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 110 612006 10:47 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11M 61200612:32 PM Approved By James V. Mudd County Manager Data Board of County County Manager's Office 1711612006 3:10 PM Commissioners Aaenda Item No. 10A November 28, 2006 Page 4 of 29 RESOLUTION NO. 2006-, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ENDORSING MDG CAPITAL CORPORATION'S APPLICATION TO THE STATE OF FLORIDA FOR COMMUNITY WORKFORCE HOUSING INNOVATION PILOT (CWHIP) PROGRAM FUNDING. WHEREAS, the 2006 Florida Legislature passed House Bill 1363 (Ch. 2006 -69, s. 27, Laws of Fla.), a housing bill focused on addressing some of the affordable housing challenges the State currently faces; and WHEREAS, HB 1363 includes $50 million for an affordable housing pilot program called the Community Workforce Housing Innovation Pilot Program (CWHIP); and WHEREAS, the Florida Housing Finance Corporation will administer CWHIP, and these funds will be awarded on a competitive basis through a Request for Proposals (RFP) process to public- private entities seeking to build affordable housing for Florida's workforce; and WHEREAS, CWHIP promotes the creation of public - private partnerships to finance, build and manage workforce housing and requires the coordinated efforts of all levels of government as well as private sector developers, financiers, business interests and service providers; and WHEREAS, CWHIP encourages the pooling of local resources, local regulatory incentives, including land use strategies and non - traditional sources of local funding; and WHEREAS, the CWHIP program is available to projects in high cost counties, high M) counties, and counties willing to make regulatory changes and financial investments in affordable housing; and WHEREAS, Collier County has been designated by the State of Florida as both a high cost and high growth county; and WHEREAS, a public - private partnership has been established in Collier County for the put-poses of applying for CWHIP funding and developing affordable housing; and WHEREAS, this public - private partnership includes the School I3istrict of Collier County, the Collier County Sheriff s Office, the City of Naples, NCH Healthcare System, Inc., Health Management Associates, and N4DG Capital Corporation, and these entities collaboratively call themselves the ESP (Essential Services Personnel) Group; and WHEREAS, MDG Capital Corporation has agreed to apply for CWHIP funding for and on behalf of the ESP Group; and WHEREAS, the ESP Group has agreed to seek to build an affordable housing development that would include 100 rental units and 50 owner - occupied units that will be made available to employees of the ESP Group who are between 60% and 140% of area median income (adjusted for family size); and WHEREAS, it is a requirement of the CWHIP program that the application be endorsed by the local county; and Page 1 of 2 Agenda Item No. 10A November 28, 2006 Page 5 of 29 WHEREAS, the ESP Group made a presentation to the Collier County Affordable Housing Commission on November 9, 2006, and the Affordable Housing Commission voted unanimously to recommend that the Board of County Commissioners support and endorse this CWHIP application; and WHEREAS, it is understood that endorsement of any CWHIP application by the Board of County Commissioners does not favor, prejudice, circumvent, or preclude any future development approvals that may be sought or needed for the project; and WHEREAS, MDG Capital Corporation on behalf of the ESP Group requests that Collier County Board of County Commissioners officially endorse their plans to apply for CWHIP funding from the State of Florida. NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: l- The Board of County Commissioners of Collier County does hereby endorse MDG Capital Corporation's plans to apply for CWI-IIP funding on behalf of the ESP Group. 2. This Resolution shall be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. This Resolution adopted this day of November, 2006, after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form an lei Is' fficiency:-- .Ieffj'ev , Klatzkow MahaginA Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman Page 2 of 2 Agenda Item No. 10A November 28, 2006 Page 6 of 29 COLLIER COUNTY ESP WORKFORCE HOUSING GROUP PRELIMINARY PROJECT OVERVIEW PRESENTED BY MDG CAPITAL CORPORATION November 9, 2006 Agenda Item No. 10A November 28, 2006 Page 7 of 29 MDG CAPITAL CORPORATION 2180 Immokalee Road Ste. 309, Naples FL 34110 (239)594-£3700 ph (239)596 -4399 fax November 9, 2006 Collier County Board of Commissioners 3301 E. Tamiami Trail Naples FL 34113 RE: Fountain Lakes Workforce Housing CWHIP Community, Collier County, Florida Dear Commissioners: As you know, Collier County faces a critical shortage of housing for teachers, hospital staff, fire, police, government employees and many other private sector workers whose moderate income has not kept up with the price of housing. Key public and private industry representatives have partnered together under the title of the Collier County Essential Services Personnel (ESP) Workforce Housing Group to develop housing solutions to this crisis. The Florida Legislature, led by Rep. Mike Davis, responded with legislation and funding to provide incentives for high cost, high growth communities to develop partnerships and projects to address this need. The program, entitled Community Workforce Housing Innovation Program (CWHIP) provides community partnerships with $5 million in a low interest loan to ensure that the housing stays affordable for at least 30 years. The Collier County ESP Group has spent four months identifying and evaluating site options for the development of a CWHIP project to serve the housing needs of essential service personnel. In its selection process, the ESP Group consulted Collier County Management and Staff regarding potential developer capabilities and the condition of the various sites related to readiness for development (i.e. zoning, utilities, transportation, etc.). In the ESP Group's final scoring and analysis of potential developers and available sites, the ESP Group chose MDG Capital Corporation and its 23 acre parcel of land as its top partner candidate for the workforce housing development. This selection is naturally subject to each of the ESP Group member's Board of Directors final approval of the physical components of the project, affordability considerations, and respective financial commitments. MDG is honored to be the first candidate in the selection process and has made its commitment to the ESP Group to design, finance, develop, construct and manage 100 rental units and 50 for sale units which all meet the affordability requirements of the CWHIP Program. Additionally, MDG has made its financial commitment of the required 15% contribution pursuant to the threshold requirements of CWHIP program. The unit sizes and product mix were tailored to meet the needs of ESP Group. Agenda Item No. 10A November 28, 2006 Page 8 of 29 The site selected fits the needs of the ESP !Group and the requirements of the State CWHIP program. In September, 2005, MDG purchased 23 acres of vacant land from First Assembly of God of Naples, Inc. The property is within the PUD boundaries of the originally planned Ch=r! campus and has access from Collier Boulevard via The Lord's Way. MDG's purpose in acquiring this land was to create a workforce housing community in Collier County to be the model for the State of Florida. To truly be the model, MDG knew that it had to capture the heart of the workforce employers which includes the School District of Collier County, Collier County Sheriff's Office, City of Naples, NCH Healthcare System, Inc. and HMA Hospital. MDG began writing letters to these employers ,approximately six months ago informing them of our continuing commitment to provide workforce housing and our desire 10 create a workforce housing community on our property. MDG is making progress with its endeavor with the ESP Croup to accomplish its aaxaill. The enclosed package includes preliminary project information to include project summary, location map, aerial photographs, :site plans, floor plans and proforma as well as the Resolution I'm the Collier County Board of Commissioners consideration and adoption. The ESP Group and MDG Capital Corporation seek not only your support for this important project, but also welcome your comments, questions, and recommendations. Sincerely, MDG CAPITAL CORPORATION William L. Klohn President WLK:dI November 9, 2000 2:30 p.m. Agenda Item No. 10A November 28, 2006 Page 9 of 29 q M. Agenda Item No. i OA November 28, 2006 Page 10 of 29 f r, Y N,, Agenda Item No. 10A November 28, 2006 Page 11 of 29 COLLIER COUNTY ESP WORKFORCE HOUSING GROUP PROJECT SUMMARY Community Name - Fountain Lakes Zoning - Planned Unit Development (PUD). The property will require a PUD Amendment for the intended use of up to 296 multi - family units. Total PUD Acreage - 69 acres for the sub - district being created Project Acreage - 23 acres (within the 69 acre sub - district) Access - Collier Boulevard via The Lord's Way Project Permits - ACOE and SFWMD permits in hand Utilities - water, sewer and electric currently within 23 acre site Total units - 296 proposed total units 150 units reserved for ESP Group project 146 remaining units (product type and price points to be determined) completion Upon of the PUD Amendment P p Building "Types - 3 story elevator units - 7 units per floor (subject to final site plan layout) j Unit Types, Sizes and Quantities - ESP Group rental apartments Total ESP Group for sale units Total Grand Total Income Limitations - UNIT TYPE UNIT SIZE 3 bdrm/2bth 1,280 SF + 2 bdrm/2bth 1,080 SF + 1 bdrmll /'2 btlm 853 SF + UNIT QUANTITY 10 units 70 units 20 units 100 rental units 3 bdrm /2bth 1,400 SF +30 units 2 bdrm 12bth 1,150 SF +20 units 50 for sale units 150 ESP Group units ESP Group Rental Apartments - l0 units <80% median income (family of 1= $39,100, family of 3 = S50,250) 70 units 80 -140% median income (family of I= $65,688, family of 3= $54,420) Agenda Item No. 10A November 28, 2006 Page 12 of 29 20 units family income irrelevant since rented at market rate (but could be subsidized by employer) ESP Group For Sale Units - All of the units will he sold for not more than 80% of the average price of a comparable market rate unit. Affordability Limitations - Rental - 50 Year affordability period Ownership - 30 Year affordability for Ownership throtigh deed restrictions to include caps on re -sale appreciation, etc. Site Plan Features - As currently designed all buildings will have lake or greenspace views. Amenities - Community and Education Center utilizing the community building which is currently under construction on the 23 acre site. The commumtty building could include a library annex and day care center. The site plan also reflects a proposed tot play lot and swimming pool. There is an existing walkingljogging trail which meander along the north and west property lines of the 69 acre PUD parcel (see aerial photo- 1h Area Highlights - Employment Centers - The proposed community is in close proximity to many employment centers to include the new HMA Hospital - Collier Regional Medical Center (just blocks away), the Super WalMart Center on Collier Blvd., Collier County Government Center, the Collier County Sheriff s Office, and retail centers. Education Centers - The proposed community is in 6,Dse proximity to many educational facilities including but not limited to the Edison Community College, Golden Gate High School, Lely Elementary School, and Lely high School. Transportation Access - The 69 acre PLED parcel which contains the proposed 23 acre community: A. Fronts Collier Boulevard B. Is within three miles of interstate 75 C. Is within 4 miles of US 41 D. Is within 3 miles of Davis Boulevard (SR 84) E. Is within % mile of Ratt,:snake Hammock Rd (SR 864) F. Is within 5 miles of Gold: n Gate Parkway G. NIDG intends to invite Collier Area Transit (CAT) to include a bus stop on The Lord's Way near the entrance to the proposed community.. Novembu 9, 2006 230 p.m. Agenda Item No. 10A November 28, 2006 Page 13 of 29 A ` ; N11 III it i � 4 Agenda Item No. 10A November 28, 2006 Page 14 of 29 q I 31 4 33 36 33 e T ror � TOIL PLAZA rLAZ 6 E.Y. R. V, 4 S 2 , FO, F91e CM oor LAKE swoa tua 12 9 to PROJECT C4 LD ATION i y s 7 ...�......JJJJ If 15 14 13 T7 19 y 2c 11 22 yJ k 24 LE 6 V LqT 21 27 26 23 MOH SCHOOL UkP s MILE LILY RMAT T / 33 34 / 35 36 31 TRAli s / cute• raRl»o oar �I rui, once 3 6 S 4 3 1 1 VIC11I.I.TY MAP 950 Encore Way A.. Naples, FL. 34110 Phone: (239) 254-2000 HOLE MONIES F"s certificate of SCALE: 1' -5000' FnkoflAFrM9JR1ETM AuthorizationNo.1772 Agenda Item No. 10A November 28, 2006 Page 15 of 29 ILIL i ��-,T- <(DM °o "A 2; N CU O Q) u) ME ll-rn 17 1GE Is • OBERON Agenda Item No. 10A November 28, 2006 Page 17 of 29 t e tk ` tip �� 4.fr3� $� is };yam �'A �'" �ft+�`r' •t ' t $x m Wa `••t ? �a � � h ,t�,yn6 i y.C. :.' i.�,� i 1 4 F''� %a am If A 1 S Y 4 •.'P L. i'� r +tai_ .. .,�,� ctp r�� P �f�,: 1. f t l 1. X ' .,tJa .a , .,T., " "` i"�•eM?j -;'; Ldp.,; Q a. Agenda Item No, 10A November 28, 2006 Page 19 of 29 -F,-[UN ■� ��` :� �qv�� ;'@� g a*1 q�7 g�It��ti-i13.41�I,ti�l°7l ��1�1ii11i yt ' i-t q Ti t t 1`t'1`!'11�1111 ilii7._, t �111�I1I a.i'ti�11111 '. t�iiil :11{11'_ �,�lll.Clli! '1Jidi.ill �tLl�Ji�l1��1J3i1Ii' ;ttti1111 3tIJ1aJa4 1311��1; Agenda Item No. 10A November 28, 2006 Page 21 of 29 t n 77� 4l y 1 rt i t ,e at e � { �} f .r' ": . ✓ -.. .:.,mss.«. -, . } F J, t. J4 . • } rrY � r� I r �r �c -:• e# � �Fi'� � � "APE �( T y (`.� 7 J1� 8 �. h 1. ����``i .�} `r°,-• 'S'. 'f ;a,. `' .�T'�IS' •; tr< �� i✓ Tj- # ¢A�^�`%�n ^ini� � •�� b � p _ a` rt r , Ekeo Agenda Item No. 10A November 28.2O08 Page 23 of 29 Dining Pwa, hying ckm t: PA-W, BaM `I la i One Bedroom Unit: 853 Square Feet SCALE US* = V-rf Agenda Item No. 10A November 28, 2006 Page 24 of 29 Lev. Al: Ii Ucdfo. hying ckm t: PA-W, BaM `I la i One Bedroom Unit: 853 Square Feet SCALE US* = V-rf Agenda Item No. 10A November 28, 2006 Page 24 of 29 14"6. 1. 01•10, 11 "r Two Bedroom Unft : 1,081 Square Feet SCAM. 11r. T'r Agenda Item No. 10A November 28, 2006 Page 25 of 29 ad Pl-r.., -maned Porch K"WrSedlew Uving L Lmundry AC ItIt KlIchon 124. r-V Two Bedroom Unft : 1,081 Square Feet SCAM. 11r. T'r Agenda Item No. 10A November 28, 2006 Page 25 of 29 •aenda Item No. 10A November 28, 2006 Page 26 of 29 4 7' IT-V rwwloom &U.W mint" close It Clow wp Swd-o 2 H 7 Three Bedrmm Unit: 1,256 Sqawe Feet SCAM, I w - Irc. Agenda Item No. 10A November 28, 21006 Page 27 of 29 !d coop ON O N O O ;ZNN -0 CD @ C n I7 IQ w d rn m CL C O O CL O L O N d O z (ll m m CL 0 0 0 w O O O M O r cc M O to O N 0 0 0 m O N N M ++ O 1� m �r 0 0 m 0 U) M r cD T N O O r CO M ti N a) � m a. fA to ff, fA f» m 6% fill, fA r Vi Vi r V► -� 0 0 0 0 0 0 0 c7 O Cl) O M 0 0 0 0 C. 0 0 M O M N t- O . 000Do 000cl) 0 r CO M U C O tfi c6 t- O cs O M O N N Oi O N c tc) O N O N O IA (0 Q) i O r CO '- r c^ cl t N f! i f!i V) V} fA w Vi fR ffl 6% Vi Vi Vi i I O OOf7O 000 c'MO r co M O u)toh -000MO N N Oa O cl> M r N tD CV O co M CO t- N Iq � T T fy 0. ff) fh fl9 V> vv fA` fA fA fii Vi w y} R fA o00o000r.0 h- 0 0 0 0 0 0 0 (0 0 co r O m O tciOQ)000c00 o of to LL. 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C) '0 m 0 C14 C) a a n ui tn D CN V> tn (D (d C) 01,16 to M CO 0) — — " ;; CO M 61> 61* 69 to to 69 Q9 (a Vl N 69 to (0 to I ,*I 0 > > 0 rL 0 C a a n ui tn D z Q. to M :3 M a) 0 .. 0— , S_- E cc d CL n 43 CD w 'a N 0) > (� 0)— r- IL = 0 0 0 04 r_ N 0 V) > (0 d) 0 0 C))'5 - C M CL 0 0 CL (0 LO 0 CD r- CL C) (1) 0) w W- w 0 V) a) a) *E -0 2 E U) Li- (D — .— CL '0 cu — dj a 0 LL tn c r 0 -6 0 :3 , to 0 > ED to M > ID c M 0 D 0 0 a W u 0 Q - df U) c m IL E -_ r C) r %- (a 0 'a CD z Lu CL w cu 0) CL 0 M cn W a] — M (n -J m 'A C: c > L) r t: Q) Ca w m z d) it 0 0 (a Cl 0 0 0 x 0 0 0 0 0) 0 C) u 0 0 0 co ¢ cr _ C) L E m Lu (n CL u CL 0 Cl w z rr- w 0 Agenda Item No. 10B November 28, 2006 EXECUTIVE SUMMARY Page 1 of 4 Recommendation to deny petition to convert fields at Veteran's Community Park to (2) lighted Little League, (1) lighted Girls Softball, and (1) lighted baseball field OBJECTIVE: To provide recreational opportunities for all citizens of Collier County. CONSIDERATIONS: On October 24, 2006 the Board of County Commissioners were petitioned to "take the necessary steps required to turn over Veteran's Community Park and dedicate it to youth sports" by converting existing fields at the park to: (2) Lighted Little League Fields (1) Lighted Girls Softball Field (1) Lighted Regulation Baseball Field Mr. David Calandra reported that there was "...only one little league field in the entire Collier County Park System." Currently Veteran's Community Park as many of the parks within the county's inventory exists as a multi purpose park. These community parks offer diverse programming available for children, families, adults, and seniors. Currently, the following organizations use the existing (3) lighted softball and (1) lighted baseball field(s): Current Leagues at Veteran's Number of Participants Fall Number of Participants Spring Community Park North Naples Little League 150 400 Naples Girls Little League Softball 100 200 Co -Ed and Men's Softball 900 1400 Senior Men's Softball 100 200 Collier County Parks and 150 150 Recreation Athletics, i.e., recreational programming, after school programs and flag football teams The field configuration is a standard park element that attempts to maximize use for the diversity of population found in Collier County. Of note is the multi purpose use of the softball fields. Softball fields can be converted to Little League fields by use of temporary fencing and grassing the infields. This conversion prevents the fields use for softball as these type fields are typically non- grassed. Resources currently available for Little League Play Agenda Item No. 10B November 28, 2006 Page 2 of 4 Currently there exists (8) fields operated by Collier County Parks and Recreation Department that meet the specifications of Little League Baseball, Inc. and are used by boys. Three (3) of the eight (8) fields or 37.5% are currently used by the North Naples Little League. In addition within the Collier County Parks and Recreation Department inventory, Girls Little League play is conducted on softball fields, whose specifications differ from Little League fields; however, there are (9) fields that are used for this purpose. Finally, boys 13 -14 year old Little League is played on baseball fields and there are a total of four (4) fields in the Parks and Recreation Department inventory used for this purpose. Please see below for a graphical depiction of current Little League associations and the fields that are available to them: Little Leagues in Locations Type Fields Number of participants Collier County Fall /Spring Golden Gate ✓ Max A. Hasse 2- Softball 260/350 American (Boys) ✓ Sabal Palm 1- Softball Elementary ✓ Corkscrew 1- Baseball Middle School (13 -14) Golden Gate Girls ✓ Golden Gate 1- Softball 200 Little League (Girls Park fast pitch) ✓ Sabal Palm 1- Softball Elementary ✓ Max A. Hasse 2- Softball Community Park Golden Gate ✓ Golden Gate 1- Little League 350 National (Boys) Community 1- Softball Park Gulf Coast Little ✓ Eagle Lakes (13- 1- Baseball 250 League (Boys and 14 year olds) Girls) ✓ Gulf Coast 2- Little League Community Park Immokalee Little ✓ Immokalee 1- Baseball 250 League (Boys) Community Park ✓ Tony Rosbough 2- Little League Park North Naples Little ✓ Osceola 2- Little League 150/400 League (Boys) Elementary School ✓ Starcher- Pettay 1 -Little League Field ✓ Veteran's (13 -14 1- Baseball year olds) Naples Girls Little ✓ Veteran's 1- Softball 100/200 League (Fast pitch) `/ Cambier Park 1 -Little League* *City of Naples Implications of conversion Agenda Item No. 10B November 28, 2006 Page 3 of 4 Potential impacts from reconfiguring these two softball fields to Little League play is three fold: 1. Tournament play that is being pursued with the softball field complex located at North Collier Regional Park. Major Softball tournaments and Girls Little League tournaments that the Parks and Recreation Department is recruiting with the Tourist Development Council would be limited as many of the major tournaments require a total of (8) softball fields. In addition, senior softball would be dislocated through conversion of these two softball fields to Little League. 2. North Naples Little League currently has access to three (3) of the (8) existing Little League fields managed by the Parks and Recreation Department, adding these additional two fields through this conversion would give them a total of (5) Little League fields in addition to (1) baseball field associated with Little League play. 3. North Naples Little League has sought in their petition to develop community parks with the sole purpose of serving youth populations. None of the remaining (6) Little League associations have this exclusive arrangement with existing community parks. By providing community parks availability for a sole population and sport this limits the activities that can be enjoyed by multigenerational users. Recommended course of action Staff presented this recommendation to the Parks and Recreation Advisory Board on November 14, 2006. The Parks and Recreation Advisory Board made a recommendation by a vote of 6 -0 to not reconfigure the fields in the manner requested by the North Naples Little League. In addition, The Parks and Recreation Advisory Board recommended that staff continue to work with North Naples Little League to address the issues identified. FISCAL IMPACT: Denying the petition to convert the fields will result in an avoided cost to the County of $58,200. GROWTH MANAGEMENT IMPACT: Veteran's Community Park is inventoried in the Growth Management Plan, RECOMMENDATION: That the Board of County Commissioners direct staff to develop with North Naples Little League an action plan to address concerns presented by the league, but to not convert existing multi purpose fields into singular Little League play at Veteran's Community Park. Prepared by: Barry Williams, Parks and Recreation Director Agenda Item No. 10B November 28, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10B Item Summary: Recommendation to deny petition to convert fields at Veterans Community Park to (2) lighted Little League.. (1) lighted Girls Softball, and (1) lighted baseball field. Meeting Date: 11/28/2006 8:00.00 AM Approved By Applications Analyst Information Technology Date 11/2012006 8:13 AM Barry Williams Director Date Public Services Parks and Recreation 11116/2006 11:14 AM Approved By Office of Management & Budget 11/21/2006 8:51 AM Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 1111612006 4:59 PM Approved By OMB Coordinator Administrative Services Applications Analyst Information Technology Date 11/2012006 8:13 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/21/2006 8:51 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 17121I2006 9:28 AM Commissioners Agenda Item No. 10C EXECUTIVE SUMMARY November Page e 1 1 o of f 10 Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, authorizing the borrowing of not exceeding $32,900,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the loan agreement between the Commission and the County in order to refinance a portion of a loan previously made to finance the acquisition of certain land within the County, including land used and referred to as Caribbean Gardens; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non -ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. OBJECTIVE: The purpose of this Executive Summary is to refinance the existing $35.9 million Commercial Paper Loan used to acquire the Caribbean Gardens property. The loan refinancing is required as there is a $35.9 million balloon payment due on December 5, 2006. CONSIDERATIONS: As part of the financing package for the acquisition of the Caribbean Gardens property, the Board of County Commissioners previously approved a $35.9 million Commercial Paper loan (Loan No. A- 32-1). This loan has a $35.9 million balloon payment due on December 5, 2006 as it was anticipated that the outstanding loan would be refinanced at that point to either a longer -term general obligation bond or a new Commercial Paper loan reflecting a smaller principal amount outstanding due to proceeds from the voter - approved 0.1500 mill tax levy, any private contributions received, and any Florida Communities Trust (FCT) grant proceeds. The Commercial Paper loan program provides great flexibility as principal reduction payments can be made at any time (with short advance notice to program representatives) without penalty. In addition, there are very limited costs of issuance when compared to a conventional bond issue. During the FY 07 budget process, it was determined that due to sustained strong growth in taxable values and to minimize total interest payments, a new Commercial Paper loan would be issued and retired as quickly as possible by levying the full 0.1500 mills. There is $2,000,000 surplus available from the FY 06 tax levy to immediately apply toward principal reduction of the outstanding loan. Based on prior year ad valorem tax collection patterns, there is also a projected $1,000,000 immediately available from the FY 07 tax levy to apply toward principal reduction. (Note: As the 4% discount for early payment of ad valorem taxes ends on November 30, the bulk of FY 07 tax proceeds will be received and available after the December 5, 2006 balloon payment date). Commercial Paper Loan interest payments are due on the first day of each month. Sufficient carryforward must be available annually to pay three months of interest payments and Tax Collector fees until ad valorem tax revenues are received. Additional principal reduction payments will be made upon receipt of revenues from the FY 07 0.1500 mill tax levy. In addition, a Florida Communities Trust (FCT) grant is also anticipated in FY 07. As presented to the Board on November 14, 2006 the amount of the grant is undetermined at this point, pending results of appraisals. However, the initial $1.5 million from the FCT grant will be used to repay the principal amount above the $40 million authorized in the referendum. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No. 10C November 28, 2006 Page 2 of 10 FISCAL IMPACT: A new commercial paper loan in the amount of $32,900,000 is required to refinance the remaining balance outstanding on the initial loan used to finance the acquisition of the Caribbean Gardens property. Principal reduction payments will be made in FY 07 as ad valorem proceeds from the 0.1500 mill Caribbean Gardens tax levy are received. Sufficient cash will be maintained in this fund to make FY 08 interest payments prior to the receipt of FY 08 ad valorem taxes. RECOMMENDATION: That the Board of County Commissioners: 1. Adopts the attached Resolution authorizing a loan in an amount not to exceed $32,900,000 from the Commercial Paper Loan Program in order to refinance a portion of a loan previously made to finance the acquisition of certain land with the county used and referred to as Caribbean Gardens; and 2. Approves all associated budget amendments thereto. Prepared by: Michael Smykowski, OMB Director Agenda Item No. 10C November 28, 2006 Page 3 of 10 RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $32,900,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO REFINANCE A PORTION OF A LOAN PREVIOUSLY MADE TO FINANCE THE ACQUISITION OF CERTAIN LAND WITHIN THE COUNTY, INCLUDING LAND USED AND REFERRED TO AS CARIBBEAN GARDENS; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM - REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. Agenda Item No. 10C November 28, 2006 Page 4 of 10 "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court authorized t act on his or her behalf. of the Board, and such other person as may be duly "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator to strata hos t her behalf. or his designee and such other person as may be duly authors "Designated Revenues" means (1) Public Agency and Moneys ny other amouns appropriated for purposes of payment of the due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made w htthe terms of this Resolution and of the proceeds of the Series A Notes in accordance Loan Agreement. greement "Loan Agreement" means the Loan m nded ands applemented and as the samle ated as of April 12, between the County and the Commission, as may be further amended and supplemented. "Loan No. A -32 -1" means the Loan designated as "Loan No. A -32 -1" the proceeds of which were used to finance a portion of the costs of Project A -32. "Loan No. A -32 -2" means the Loan of Loan "Loan No. A -32 -2" the proceeds of which shall be used to refinance a portion "Loan Note" means a note of the County evidencing f a Draw made in regard to a Loan, under the Loan Agreement by the county on ac count which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means b e thpayments ounty pursuant principal he iterest at the Loan Rate on the Loan amounts pay able y 2 Agenda Item No. 10c November 28; 2006 Page 5 of 10 provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non -Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A -32" means the acquisition of certain land within the Public Agency, including land used and referred to as Caribbean Gardens, as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. 3 Agenda item No. 10C November 28, 2006 Page 6 of 10 SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing the commercial paper notes in order to provide funds tool to o f ° u agencies, constructings and County, desiring to finance and refinance the c acquiring, equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known aerieslA Governmental Issue)'tand shall Commission Pooled Commercial Paper Notes, S loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts afireimburse or refinance the cost Loan Agreement in order to enable the County to finance, of acquisition, construction and equipping of capital improvements, including Project A- 32. (D) The County presently has outstanding certain Loans pursuant to the Program for the acquisition, construction and equipping of various capital improvements. (E) The proceeds of Loan No. A -32 -1 were used to finance a portion of the costs of Project A -32. (F) The County desires to refinance a portion of the principal amount of Loan No. A -32 -1 that is coming due on December 5, 2006, all in accordance with the terms hereof. (C7) The County hereby determines that o the pursuant to the termsof the Commission to the County in the form of Loan p the Loan Agreement and the refinancing of a portion f o the No. esidents of the County, and development and maintenance of the public welfare shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A -32 -2 shall repaid d from a h Designated Revenues. budget and Such Designated Revenues shall inclu de moneys derive appropriate legally available Non -Ad o authorized a to make the Loan Repayments. power of the County will never be necessary such (H) Due to the potential volatility of the market for A 32 2, tax-exempt ex ty of the as the Note or Notes to be issued evidencing Loan No. El Agenda Item No. 10C November 28, 2006 Page 7 of 10 transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A -32 -2 in the principal amount of not exceeding $32,900,000 for the purpose of providing the County with sufficient funds to refinance a portion of Loan No. A -32 -1. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A -32 -2 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The County Administrator shall determine the amount of the funding of Loan No. A -32 -2 in accordance with the terms of the Loan Agreement as shall be determined necessary to refinance a portion of Loan No. A -32 -1. Loan No. A -32 -2 shall be dated December 5, 2006 and the entire principal amount thereof shall mature on December 6, 2011 or in such other amounts and at such other times as the County Administrator may determine. Loan No. A -32 -2 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -32 -2 shall be 30 basis points or such other amount as Wachovia Bank and the County Administrator shall agree. SECTION 5. AUTHORIZATION OF REFINANCING. The County does hereby authorize the refinancing of a portion of Loan No. A -32 -1 in accordance with the terms hereof and of Loan No. A -32 -2. SECTION 6. PRIVATE ACTIVITY USE. (A) If the County enters into any contract or agreement with a private entity with respect to the operation of any portion of Project A -32, the County covenants and agrees that such contract or agreement will comply in all respects with the federal tax rules relating to qualified management contracts in order to maintain the tax - exempt status on Loan No. A -32 -2 and, furthermore, such contract or agreement shall be subject to the prior approval of the County's Bond Counsel. (B) If the County sells, leases or otherwise disposes of any portion of Project A -32 while Loan No. A -32 -2 is outstanding, the County shall obtain the prior approval of the County's Bond Counsel prior to such sale, lease or disposition. [1 Agenda Item No. 10C November 28, 2006 Page 8 of 10 SECTION 7. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A -32 -2 will be secured by a pledge of and lien The the Des ofated Revenues in accordance with the terms of the Loan Agreement. County to repay Loan No. A -32 -2 shall not be deemed a pledge of the faith any credit or taxing power of the County andobligation the i tDesgnated Revenues. lien on an property whatsoever of or in the County o ther than SECTION 8. GENERAL AUTHORITY. the County are hereby Board authorized the officers, attorneys and other agents or employees to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance Loan Agreement, l nd covenants each member, agreements contained in this Resolution and t horized and employee, attorney and officer of the County °sinstruments and to dotand cause to directed to execute and deliver any and all paper and be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 9. SEVERABILITY. 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 separable covenants, agreements or provisions shall be null d void d hall be n no way affect the from the remaining covenants, agreements or provisions validity of any of the other provisions hereof. SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 0 DULY ADOPTED this 28th day of November, 2006. (SEAL) ATTEST: Dwight E. Brock, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel County Attorney Agenda Item No. 10c November 28, 2006 Page 9 of 10 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA WE rA FRANK HALAS, Chairman Agenda Item No. 10C November 28; 2006 Page 10 at 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1CC to approve a ReSdILtIOn of the Board of County Commissioners of Collier Item Summary: Recommendation the borrowing of not exceeding S32 9:)a,000 from the Pooled County, Florida acthorizing Commercial Paper Loan Program of the F'. once ..oca; Government = inance Commiss, on to the terms of the loan agreement cetween the Commission and the County in pursuant order to refinance a portion of a loan previously made to finance the acquisition o` certain lard within the County, Include -g land used and referred to as Caribbean Gardens, aul the execution of a loan note or notes to evidence such borrowing., agreeing to Iran note or rotes with a covenant to budget and appropriate legally available secure suet', non -ad valorem revenues as provided in the Isar agreemert . authorizing the execution and oeiivery of such other documents as may be necessary to effect such borrowing, and effective date. (Michael Smykowsk;. DI-ector, Office 04 Management and providing an Budget} Meeting Date: 11/28/006 9.0000 AM .Approved By DMB Coordinator Applications Analyst Date PP Administrative Services 11/16/2006 11:36 AM Information Technology Approved By Michael Smykowski Management & Budget Director Date County Manager's Office office of Managemen•. &Budget 11;16,'2006 12:26 PM Approved By James V. Mudd y er Date Count Mana g Board of County County Manager's Office 11716;20061:32 PM Commissioners Agenda Item No. 10D November 28, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $1,200,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition and equipping of four (4) ambulances for the Collier County Emergency Medical Services (EMS) Department; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non -ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $1,200,000 to finance the acquisition and equipping of four (4) ambulances for the Collier County Emergency Medical Services (EMS) Department. CONSIDERATIONS: The FY 07 budget included the addition of four growth - related ambulances, following thorough discussions during the Annual Update and Inventory Report (AUIR) process. The FY 07 budget denotes that the purchase of these four (4) ambulances and related equipment would be financed initially with a Commercial Paper loan. As interest is payable monthly on a Commercial Paper Loan, the actual cash will not be drawn until it is absolutely necessary. However, due to the long lead time in procuring ambulances, Board authorization of the Commercial Paper Loan was desired before the ambulances were ordered. FISCAL IMPACT: A loan in an amount not to exceed $1,200,000 that shall be repaid with moneys derived from a covenant to budget and appropriate legally available non -ad valorem revenues. The ad- valorem taxing power of the County will never be necessary or authorized to make the loan repayments. Maximum annual debt service (assuming a 5% interest rate and a five year amortization) is $294,500. Funding for the loan repayment is included in the FY 07 EMS Impact Fee Fund (350) budget. GROWTH MANAGEMENT IMPACT: The four (4) EMS units were specifically identified in the Annual Update and Inventory Report (AUIR) of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to exceed $1,200,000 from the Commercial Paper Loan Program as the funding source for the acquisition and equipping of four ambulances for the EMS Department, and approve all necessary budget amendments. Prepared By: Michael Smykowski, OMB Director Agenda Item No. 10D November 28, 2006 Page 2 of 9 RESOLUTION NO.2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $1,200,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION AND EQUIPPING OF FOUR AMBULANCES FOR THE EMS DEPARTMENT, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE COUNTY IN CONNECTION THEREWITH,; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d),.5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. Agenda Item No. 10D November 28, 2006 Page 3 of 9 "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex- officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County or his designee and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan amended and, sapplemented andlas the same between the County and the Commission, may be further amended and supplemented. "Loan No. A -34" means the Loan designated as "Loan No. A -34" the proceeds of which shall be used to finance a portion of the costs of Project A -34. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account � bDraw o the Loan Agreement. rn to a nt Loan, which shall be in substantially the form provided "Loan Rate" has the meaning set forth in the Loan Agreement. and "Loan Repayments" or "Repayments" means the payments ofprincipal t the interest at the Loan Rate on the Loan amounts payable by the County pursuant provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. 2 Agenda Item No. 10D November 28, 2006 Page 4 of 9 "Non -Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A -34" means the acquisition and equipping of four ambulances for the EMS Department, as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the 3 Agenda Item No. 10D rJovember 28, 2006 Page 5 of 9 County, desiring to finance is and to finance and refinance other govecrnmental needs. equipping capital improvements (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including Project A- 34. (D) The County desires to borrow an amount not to exceed $1,200,000 in order to finance a portion of the acquisition of Project A -34. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A -34 pursuant to the terms of the Loan Agreement and the financing of Project A -34 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (F) Loan No. A -34 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available necessary Non-Ad Valorem d to make the Loan Repaymentg, power of the County will never b D (G) Due to the potential volatility of the market for tax- exempt obligations such as the Note or Notes to be issued evidencing Loan No. A -34, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous possible price, issuance csts and interest thereby permitting the County to obtain the best rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan of No. A -34 in the aggregate amount of not exceeding $1,200,000 for the purpose of providing the County with sufficient funds are hereby authorized to e ecute, the sealtand Project A -34. The Chairman and the Clerk 11 Agenda item No. 10D November 28, 2006 Page 6of9 deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A -34 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The County Administrator shall determine the date or dates of funding of Loan No. A -34 in accordance with the terms of the Loan Agreement. Loan No. A -34 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the County Administrator may determine. Loan No. A -34 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -34 shall be 30 basis points or such other amount as Wachovia Bank and the County Administrator shall agree. SECTION 5. AUTHORIZATION OF PROJECT A -34. The County does hereby authorize the acquisition of Project A -34 and the reimbursement of any costs incurred by the County with respect to Project A -34 within the prior 60 days that are approved by bond counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A -34 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A -34 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION S. SEVERABILITY. 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. 5 Agenda item No. 10D November 28, 2006 Page 7of9 SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this day of November, 2006. (SEAL) ATTEST: Dwight E. Brock, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRANK HALAS, Chairman M Agenda Item No. 10D November 28, 2006 Page 8 of 9 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of the Loan shall be repaid as follows (or on such other date or dates and in such amounts as the County Administrator shall determine): Date Principal Repayment December 6, 2011 $1,200,000 Interest on the Loan shall be paid monthly in accordance with the terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. Agenda Item No. 10D November 2E: 2006 Page 9 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1CD Recommendation to adopt a F. eso:ution zutho--izing the borrowing of an amount not to Item Summary: exceed 51.200,000 from the Pooled Commercial °ap er Loan Program of the Florida Local the Ioan agreement tetween the Board of Government Finance Commission pursuant to County Commissioners and the Commission In order to finance the acquisition and eq-tipping of four (4) ambulances fo' the Collier County Emergency Medical Serv.ces (ENS) Department, authorizing the execution of a Ioan note or notes to evidence such borrowing, agreeing to secure such loan note or notes with a covenant to budget and appropr'ate legally available non -ad valorem revenues as provided in the loan agreement, authorizing the exedllLOn and delivery of such other documents as may oe necessary to etfect such borrowing: and provldmg an effective date. lMichae,= Smykowski. Director Off ce of Management and Budged Meeting Date: '. i;ZBi2C06 9 -OC:OC AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management &Budget 11/2012006 4:20 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services 1 V20,12006 4:22 PM Information Technology Approved By James V. Mudd County Manager Date Board of County Count, Manager's Office 11;20,20066.2& PI'S Commissioners _ Agenda Item No. 10E November 28, 2006 Page 1 of 16 EXECUTIVE SUMMARY Recommendation to approve the application by C -Tech Manufacturing Florida, LLC for the Job Creation Investment Program and the Fee Payment Assistance Program and to consider all four Economic Incentives as one budget. OBJECTIVE: Approval of the application by C -Tech Manufacturing Florida, LLC for the Job Creation Investment Program and the Fee Payment Assistance Program and to consider all four Economic Incentive Programs as one budget pool. CONSIDERATIONS• On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003 -60, which is Code of Laws Chapter 49, Article III, establishing the Job Creation Program and Ordinance No. 2003 -61, which is Code of Laws Chapter 49, Article II, as amended establishing the Fee Payment Assistance Program. These programs are available to targeted high -wage companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs. The Programs have specific eligibility requirements including the number of full -time jobs to be created and retained, the average wage of the jobs, timing of the jobs being in place and the type of business being proposed. On September 11, 2006, C -Tech Manufacturing Florida, LLC (C -Tech) submitted an application to be considered for the Job Creation Investment Program and the Fee Payment Assistance Program. The project involves the construction of a 196,000 square feet facility at the Florida Tradeport in Immokalee. This business is designed to produce pre- engineered, factory built panel and module housing systems. A home can be delivered within permitting; the home will be complete with all electrical wiring, plumbing thirty es0and fixtures, HVAC ductwork and equipment, and all cabinet and counter work. The construction method has been tested and approved by ASTM to withstand winds up to 180 MPH with an insulation factor or R20. C -Tech proposes to create two- hundred (200) jobs in two phases, with 125 jobs created by December 31, 2008 and 75 jobs by December 31, 2009. The average wage is projected to be $37,000 which is 106% of the county's 2004 private sector wage. . Based on the above commitments, C -Tech is eligible for $600,000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following creation of the jobs. The company is also proposing an initial capital investment of approximately $16.3 million for construction of the facility excluding land. $9.0 million is the estimated cost of the building related construction investment and $7.3 million is estimated for manufacturing and other equipment. The land will be leased from the Airport Authority. Based on the above commitments, C -Tech is eligible for Fee Payment Assistance Program funds not to exceed the dollar amount of the impact fees associated with the project. Based upon the program criteria, the maximum amount of Fee Payment Assistance funds that may be awarded totals $1,146,668. This maximum award is large due to the very significant amount of capital investment and the Agenda Item No, 10E November 28, 2006 Page 2 of 16 fact that locating the facility within the Federal Enterprise Zone increases the incentive by fifty percent (50 %) over what it would otherwise be. The final impact fee calculation will be completed prior to the issuance of a building permit for the proposed development. Staff will prepare the Job Creation Investment Program Agreement and the Fee Payment Assistance Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee from C -Tech and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. C -Tech meets all of the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003 -61, as amended, in the Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation and retention of jobs in Collier County. FISCAL IMPACT: Job Creation: The applicant has requested $600,000 of Job Creation Investment incentive funds, to be paid over three years at the rate of $3,000 per newly created job, to be implemented in three phases on or before December 31, 2009. Following creation of the specified jobs, the - Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives, and thereby funds the Job Creation Investment Program. In addition, the creation of the two- hundred (200) new jobs generates a local payroll of approximately $7.4 million annually with a total annual economic impact to the community of approximately $27.9 million. The total FY07 budget for all four incentives is $1,458,100, specified as follows: the Fee Payment Assistance for $800,000, Broadband for $237,100, Property Tax Stimulus for $21,000, and Job Creation for $400,000. Staff estimated expenditures for each of the four that total the $1,458,100, but actual expenditures for the Impact Fee Payment Assistance Program are exceeding the line item budget for that particular incentive, but not the total budget pool. Staff is requesting that the incentive budgets be considered in total for all four types. C -Tech is expected to apply for Fee Payment Assistance this fiscal year and upon doing so will encumber the balance of the Incentive Programs budget if they qualify for the entire requested amount. Any additional applicants or requested expenditures for this fiscal year post C -Tech will require approval by the BCC along with a budget amendment approving the additional budget. Fee Payment Assistance• The final dollar amount of impact fees will be calculated at submission of the Building Permit application for the proposed development, however, based upon the program criteria C -Tech is currently eligible for Fee Payment Assistance funds in the Agenda Item No. 10E November 28, 2006 Page 3 of 16 amount of $1,146,668. This maximum award is large due to the very significant amount of capital investment of $16.3 million and the fact that locating the facility within the Federal Enterprise Zone increases the incentive by fifty percent (50 %) over what it would otherwise be. The actual incentive award may not exceed the impact fees due and payable for the proposed development. The Fee Payment Assistance Agreement will stand in lieu of the payment of impact fees at the issuance of the building permit for the proposed development. A lien will be concurrently placed on the subject property for the dollar amount of the impact fees, which will remain on the property for the term of the agreement. At the conclusion of the agreement, if all requirements are met, the lien will then be released from the subject property. If at any time during the term of the agreement the non - County party is not in compliance with the terms and requirements set forth by the agreement, they may be found in default and subject to default provisions set forth in Ordinance No. 2003 -61. This incentive award will be funded by General Fund revenue that was budgeted for the Economic Incentive Programs for fiscal year 2007. The Operations Support and Housing Department has responsibility for job verification as well as monitoring program compliance. GROWTH MANAGEMENT IMPACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: The C -Tech project meets all of the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set forth by Ordinance No. 2003 -6, as amended, in Code of Laws Chapter 49, Article II, as a Targeted Industry expanding within the Rural Federal Enterprise Community of Collier County. RECOMMENDATION: That the Board of County Commissioners approve the application by C -Tech Manufacturing Florida, LLC for the Job Creation Investment Program and the Fee Payment Assistance Program and to consider all four Economic Incentives as one budget. Prepared by: Denton Baker, Director, Operations Support and Housing, CDES S o e-V y Agenda Item No. 10E November 28, 2006 Page 4 of 16 EANV ECONOMIC DEVELOPMENT COUNCIL __--- - - - - -- o- - - - -- f Collier County, Florida / c.r Economic Stimulus Program Recommendation Form for C -Tech Manufacturing Florida, LLC 1. Economic Stimulus Programs: ❑ Broadband Infrastructure Investment XF1 Fast Track Permitting X❑ Fee Payment Assistance OR XEJ Property Tax Stimulus Subiect to Availability of Funds R❑ Job Creation ❑ Local Match for QTI 2. Collier County's company location: ❑ High Impact Area ❑ Eastern Collier County X❑Immokalee Enterprise 3. Project qualifications: Community Number of current Collier County employees: p Avg. Wage: $ 0.00 Number of new jobs resulting fi-om project: 200 Avg. Wage: $37,000.00 Total retained and new jobs: 200 Avg. Wage: $37000,00 Agenda Item No. 10E November 28, 2006 Page 5 of 16 4. Schedule of incentive funds requested (by Collier County fiscal year): 2006/2007 200712008 200812009 2009/2010 201012011 2011!2012 Total .lob Creation Phase I 125,000 125,000 125,000 $375,000 Phase II 75,000 75,000 75,000 $225,000 0 0 0 $0 Phase III Fee Payment Assistance *PR ropertyTax $1,146,668 stimulus 1,1461668 0 0 0 $0 Broadband $0 Road Fund 0 0 0 $0 QTI Match $0 CDBG Total $1,146,668 $0 $125,000 $200,000 $200,000 $75,000 $1,746,668 *Paid over 10 / 15 years per ordinance. 5. Multipliers: NAICS Code: !327390_ Earnings Multiplier: _1.5608 Employment Multiplier: _1.6006 Economic Development Council of Collier County Recommendation Prepared by: _ 01 jov Eco�omic Development Department Date r, Ll Approved- :r�; L- ,-,\�_- i I Y % >'��`�� Ecogbmic Development Department Date Approved: Effective December 2005 Page 2 of 12 Client Approved ! (initials) Sy -'= kC0 CJ��IC i)E)Cl()P i[ �I Ctlll CI'. i -�°� <,� COLLIER COUNTY ECONOMIC STIMULUS PROGRAM APPLICATION for Expanding or New Businesses Name of Business Project Title (1-5 word description) September 7, 2006 Date ECONOMIC DEVELOPMENT COUNCIL, OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989 - FAX (239) 263-6021 WWW.eNa Dies Florlda.com .ED.C. official use: L tion: 1mrlliliokalbeEnterprisocomm h uh -Y ❑ High Iftipact Area ❑ Eastern Collier County Effective December 2005 Agenda Item No. 10E November 28, 2006 Page 6 of 16 Page 3 of 12 Client Approved (initials) Agenda Item No. 10E November 28, 2006 Page 7 of 16 Client identification 1. a) Name of Business Unit: C -Tech Manufacturin Florida LLC b) Mailing Address: 4532 Tamiami Trail E Suite 101 Na les, Florida 34112 c) Name of Parent Company (if applicable): NA d) Primary business unit contact: • Ralph Carter Title: President Name Company: C -Tech Manufacturinq Florida, LLC Address: 4532 Tamiami Trail E Suite 101 Naples, Florida 34112 Phone: 239 9_9-42p2 29-774-7717 Fax° 2 -- Email: recarter @ftcnapies.com e) Business unit's federal employer identification number: 20- 5351869 f) Business unit's unemployment compensation identification number: NEW g) Business unit's Florida sales tax registration number: NEW h) Business unit's Collier County occupational license number• NFZ+ - i) List NAICS codes of all activities of the business unit: 327390 Target Industry: Other Concrete Product Manufacturing 2. a) is the business unit minority owned: ❑ YES [�] NO b) If YES, explain: NA 3. Business unit's tax year (example: Jan. 1 — Dec. 31): _Dec 31 Project information 4. a) is the business unit (please choose one): ® a new business unit to Collier County ❑ an expansion of an existing Collier County business unit b) If an expansion, how many employees are currently working in the expanding business unif located in Collier County? NA c) How many individuals are employed in ALL Florida locations? NEW d) How many individuals are employed in ALL domestic and international locations? NEW Effective December 2005 Page 4 of 12 Client Approved (initials) s,. FC010 IC DEVELOP Ehl COUlCIL _ n Cm rry Fl—d. roiv !,,Cis Agenda Item No. 10E November 28, 2006 Page 8 5. Provide a full project description: Pre- Engineered factory built construction of homes, of 16 commercial, industrial building and other uses 6. Please check the box that best defines your project. Answer a) AND b), if applicable: a) ❑ Multi -state business enterprise b) ❑ Regional headquarters office ® Multi - national business enterprise ❑ National headquarters office ® International headquarters office 7. Please estimate percentage of gross receipts or final sales resulting from this project that will be made outside of Collier CountyL,�__ % outside of Florida: _ 0 8. Project employment and wages: a) Has the applicant ever participated in an EDC- assisted program? ❑ YES ® NO If YES, how many new and retained jobs were included in that project? ___-___ b) Total number of net, new full -time equivalent Collier County jobs created by the project at the business unit indicated above: 200 c) Are any employees being transferred from another Florida location? ❑ YES ® NO If YES, how many and from where? e) Antic annualized average wage (not including benefits) of the new to Collier County jobs created by the project at the business unit: $ 37.000.00 f) Annualized average wage for existing Collier County employees: $ _0 (The wage indicated above will be used in the certification, agreement, and claim evaluation process. Cash h Performance bonuses and other cash payments to the employees, such as overtime, should be included.) g) Annualized average value of benefits associated with each new job created by the project at the business unit: $3700 00 h) If jobs are to be phased in, provide the date when each phase of employment will be fully implemented: Number of net, new full -time Phase equivalent Collier County jobs created in business unit I II III TOTAL Effective December 2005 125 75 200. Page 5 of 12 Date by which those jobs will be created 12/31/08 12/31/09 121311 Client Approved (initials) r1E 'ELOPMINl COUIC11 Agenda Item No. 10E November 28, 2006 Page 9 of 16 a) Describe the capital investment in real and personal property: upgrading, (examples: construction of new facility; remodeling of facility; upg g, replacing or buying new equipment. Do not include the value of land purchased for construction of a new building.) Construction of new Plant, $9,000,000.00, New Equipment Manufacturing and Other i.e. hydraulic presses, drill presses, cement mixers, tools etc $7 320 000.00 b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ Land (if applicable) Amount $9,000,000.00 Construction /Renovations Amount $2068,000.00 Manufacturing Equipment Amount $5 252 000.00 Other Equipment Total $ 16 320 000.00 c) Estimated square feet of new or newly expanded facility: 196 000 s/f 10. Anticipated date of beginning of construction for this project- May 2007 11. Anticipated date project will be in operation: Janua 2008 12. Site and Contractor Information: a) Folio Number: *0011540003 *may be subject to change per Collier County Airport Authority. b) Project Street Address& Suite Number /Legal description:,FioridaTradeport, Immokalee, FL c) Type of Project (circle one): Rezone Plat SDP Other ePUD Owner /Developer Name: _Collier County Airport Authority d) Owner /Developer Telephone Number: 239 - 642 -7878 ® NO Located on Brownfieold Site lord in a Brownfield t t ced the area as a BroafielES a.) (if YES, please attach a copy e) Will project be locating or expanding in an Enterprise Zone? AYES ❑ NO If YES, which Zone: ® Immokalee ❑ Everglades City f) Architectural Firm: T.B.D Contact: Phone: Email: Fax: Effective December 2005 Page 6 of 12 Client Approved ALV - initials) ECD, 0�11C OE`/EIOF T COl g) Engineer Contact: Phone: Email: Fax: Agenda Item No. 10E November 28, 2006 'ing Firm: _ U.R.S Page 10 of 16 ._ Andres Gutierrez P.E. 305- 262 -7466 _ andres-gutierrez@urscorp.com 1305- 261 -4017 h) Contractor: _ Consolidated Construction Engineering, Inc Contact: Paul Rheaume Phone: 239- 825 -0735 Email: -___ mail @paulrheaume.com Fax: 239 -793 -3220 Project impact Information 13. What role will the incentive(s) play, including the Fast Track Regulatory Process Program, in the decision of the applicant to locate or expand in Collier County? (If there are other states /communities competing for this project, please list which states /communities and what incentives are being offered by those states /commu n ities.) Incentives are major factor in considering location of the plant. The ability to Fast Track the project will get our business established and open much sooner allowing us to create quality employment opportunities in an area of our county where they are much needed. We will be creating 200 new well paying jobs at competitive wages and benefits in an excellent working environment. Our plant will be fully air conditioned, with no environmental hazards and ecologically friendly. Financial incentives will help us with handle the cost of the project and all that it entails. Impact Fee Assistance is a critical component to our project success and would allow as to keep this project in Collier County. We are looking at a site in Orlando area and Panhandle area, but much prefer Collier County as the International headquarters of C- Tech Manufacturing. 14. a) Provide a brief review of the applicant's past activities in Collier County and in other states, particularly as they relate to environmental and growth management impacts and how these have been handled. (Basically, what kind of corporate citizen has the applicant been ?) The corporation is a new company established to operate this plant. It is environmentally friendly because it uses minimal amount of wood product thus saving trees and creates only a small amount of waste at the job site. I, Ralph Carter have been long standing member of the community for over 40 years with a focus in the financial services and real estate industry's. I am deeply invested in the growth and prosperity of Collier County of which affordable housing is a key issue. =L- Effective December 2005 i Page 7 of 12 Client Approv (initials) _.. .. �.'�.. �'�., "'°•`^ ,.. ^.-� -�• ,,.. _.,,< ecu�otiicoevetor.�rNrcouwai '— -�— w Collie• Cin�in,•. Flueila Agenda Item No. 10E November 28, 2006 Page 11 of 16 b) Describe any criminal or civil fines, or penalties, and any awards. If there are none, please make this statement below. None c) 1 agree to allow the Economic Development Council of Collier County perform a Company and/or Personal Background Check. ❑ YES ® NO You may request that your project information (including the information contained in this application) be confidential per F.S. 288.075, Confidentiality of Records. X Effective December 2005 YES, we Request Confidentiality NO, we do not Request Confidentiality Page 8 of 12 Client Approved - Zv �°� (initials) EL ECONONIIC ON LOP 4E i COL:1CII Attachment A: Roles & Responsibilities - -Meet all requirements of Fast Track Regulatory Process Program - -Site selection - -Hire contractors, consultants, engineers, architects -- Submit application within 60 business days of acceptance as a Fast Track project - -Attend pre - application meeting, if possible - -Attend meeting after 3rd rejection, if necessary and possible tO Agenda item No. 10E November 28, 2006 Page 12 of 16 - -Attend pre- application meeting with sufficient plans for quality review -- Submit complete application that meets current LDC and other code requirements -- Submit updates after receiving rejection comments, within 20 business days - -Attend meeting after 3rd rejection, if necessary • • Development ' • Community of Collier County Development , -- Attract and qualify businesses under the Fast Track program Services Division -- Assign Special Projects Manager -- Contact the Special Projects Manager as • Assist EDC with site selection. soon as a company is qualified. Organize pre -app meeting - -Attend the pre - application meeting. Lead project Team -- Maintain consistent ' Handle dispute resolution by contact with Special Projects Manager to ensure timeframes are involving appropriate decision being met. makers -- Monthly review status of ° Shepard projects through the projects, particularly those with issues or potential process from start to finish /manage issues project plan - -Attend meeting after 3rd rejection, if ° Main point of contact for EDC, necessary applicant and owner - -Copy all vested parties with • Prepare monthly status correspondence. reports /emphasis on exception or "red flag" items • Schedule hearings and external meetings, as required • Provide value -added services such as occasional site visits when under construction -- Develop project team • Attend pre - application meeting • Review submissions within stated number of business days • Attend meeting after 3rd rejection, if necessary • Copy all vested parties with correspondence. Effective December 2005 Page 10 of 12 Client Approved (initials) :. �. n itials) A.Y .:�.._,.., .._.., FC0N'0nicDF%Ift counak -- - -- - of CW C<, vny. Florida Agenda Item No. 10E November 28, 2006 Page 13 of 16 Attachment B: Potential Obstacles There are certain known issues that can lead to a less than smooth approval process, as listed below. At the pre - application meeting (or before then if applicable) the Special Projects Manager will complete this section relative to the facts as presented at that time. Items that may cause a delay Requires re- zoning Site in existing PUD Site contains wetlands Site requires an Environmental Impact Statement LDC amendment required Permits from outside agency Utilities issues? Other? Anticipated Delay and related information Note: this list is not intended to be exhaustive of all items that may cause conflicts or delays in the approval process, but is to identify those most common and those most likely to significantly hold up the swift approval of the project. Items the Developer or Applicant wishes to disclose concerning unusual requirements Effective December 2005 Page 11 of 12 Client Approved ' tinitials) Attachment C: Pro (to be completed at ore- anniicafinn me osed Timeline Agenda Item No. 10E November 28, 2006 Page 14 of 16 Pre-application meeting Special Projects Day 1 Submit complete application (within 60 days of FT Applicant acceptance) Da 30 y First review -- SDP 15 business days) First re- submittal — SDP [must address Pro'ect team Da 45 all comments IM business days) Applicant Day 65 Second review —SDP 15 business days) — Pro'ect Team Apply for building permits First review — building,, permits 15 business da s First re- submittal — building permits (20 business days) Second review — building permits D 5 business da s Approval — SDP Approval.— Buildin ermits We, the undersigned, fully accept our roles and responsibilities information in good faith and in an attempt to be thorough. in this project and have offered all presented as the project moves through the review phases. We recognize that new information may be We also recognize that until the process begins it is not reasonable to identify every possible information is identified that may cause a review issue with a project. As any new material change to this plan in any way, the Special Projects Manager is to be contacted to coordinate as needed. Owner /Developer Name: Applicant Name: EDC Representative: Collier County Special Projects Manager Name: Effective December 2005 Date Date Date Date Page 12 of 12 Client Approved (initials) ffOT'ryN1C DF VEtor;Akn'1 COL "CII 01 Collies Co.:n�y. FIni:A;. Application Completed By: Jr, (Signature) f (Print or Type Name) b_eF_� 1.0 6-_' p (Print or Type Title) (Company) (Phone Number) (Fax Wu_ umber) E' l � �... 6� 14-11-C-111. � �:'" � `�- �!®..i E4- P �e =fir L=�__ ; (E -mail Address) (Date) (Contact Person, if different) (E -mail Address, if different) (Address, if different) (Phone Number, if different) Effective December 2005 Agenda Ifem No. 10E November 28. 2006 Page 15 of 16 To the best of my knowledge, the information included in this application is accurate. t�ignature of Authorized Officer) (Print or Type Name of Authorized Officer) (Print or Type Title of Authorized Officer) (Company) 7fP fig. o41 P, (Phone Number) (Fax Number) Phil, �Ea� �uLM�t CE:6i (E -mail Address) (7 / — 64, (Date) C A � (ti) Page 9 of 12 Client Approved % inials K_ ov, FCO\OMIC DMLOPNAEr T C[ .'N I oIC ( << Agenda Item No. 10E November 28, 2006 Page 16 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10E Item Summary: Recommendation to approve the application by C -Tech Manufacturing Florida, LLC for the Job Creation Investment Program and the Fee Payment Assistance Program and to consider all four Economic incentives as one budget. (Joseph K Schmitt, Administrator, Community Development) Meeting Date: 11/28/2006 5:00:00 AM Prepared By Denton Baker Financial Admin & Housing Director Date Community Development & Environmental Services Financial Admin. & Housing 11/312006 4:18:11 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1115/2006 0:12 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Administrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 1111412008 3:47 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1111572006 9:35 AM Approved By Mark Isackson Budget Analyst Date County Manager's office Office of Management & Budget 1112012005 3;14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11120120064:34 PM Agenda item No. 10F November 28, 2006 Page 1 of 26 EXECUTIVE SUMMARY Recommendation to approve the FY 07 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,504,900. OBJECTIVE: To provide local funding to augment the level of public health services provided to the residents of Collier County. CONSIDERATIONS: Each year, the County enters into an agreement with the State of Florida Department of Health to provide funds and facilities for the provision of public health services. The attached represents the FY 07 contract effective October 1, 2006 through September 30, 2007. The agreement identifies the services that will be provided with the cost share between the State and the County. The total amount affected is $2,030,900. Included in the County contribution is $340,100 for general operating and administrative costs paid on behalf of the Health Department for building maintenance, utilities, and insurance and $185,900 for the Low Income (LIP) Program which reduces the actual county cash contribution to $1,504,900. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this item. FISCAL IMPACT: The contract includes a cash contribution of $1,504,900 and $340,100 for building maintenance, utilities, and insurance and $185,900 in LIP funding for a total contribution of $2,030,900. These funds are budgeted in the FY 07 General Fund (001) budget in the Public Health cost center. RECOMMENDATION: It is recommended that the Board authorize the Chairman to execute the annual contract with the State of Florida Department of Health for the operations of the Collier County Health Department. Prepared by: Alan Portis, Collier County Health Department. Agenda Item No, 10F November 28, 2006 Page 2 of 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10F Item Summary: Recommendation to approve the FY 07 contract between Collier County and the State of Florida Department of Health for operaton of the Collier County Health Department in the amount of $1,690,800. (Marla Ramsey, Administrator, Publioc Services) Meeting Date: 11i2812006 9.00 Do AM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 1105120015 3:42 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/16/2006 11:04 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11!16,2006 12:11 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1111712006 4:56 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11117/2006 5:06 PM Agenda Item No. 1 OF November 28, 2006 Page 8 of 26 CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2006 -2007 This agreement ( "Agreement ") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ( "County "), through their undersigned authorities, effective October 1, 2006. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ( "CHD ") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1, RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2006, through September 30, 2007, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission of disease. Environmental health services shall be supported by available federal, state and local Agenda Item No. 10F November 28, 2006 Page 4 of 26 funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIMIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHID will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part 11 is an amount not to exceed $ 7,084,958 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or local contributions) as provided in Attachment II, Part I I is an amount not to exceed $1,504,900 (amount listed under the `Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. Agenda Item No. 10F November 28, 2006 Page 5 of 26 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase /decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase /decrease, the County shall notify the CHD. The CND will then revise the Attachment 11 and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg H Naples, FL 34112 5. CHD DIRECTOR /ADMINISTRATOR. Both parties agree the director /administrator of the CHD shall be a State employee or under contract with the State and will be under the day -to -day direction of the Deputy State Health Officer. The directorlad min istrator shall be selected by the State with the concurrence of the County. The director /administrator of the CHD shall insure that non - categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard quality assurance "County Health Profrle° report located on the Once of Planning, Evaluation & Data Analysis Intranet site). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State- contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System /Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHID directorladministrator must sign a justification therefore, and all county- purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall Agenda item No. 1 O November 28, 2006 Page 6 of 26 be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). ii. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System /Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System /Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus /deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited /debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus /deficit funds accruing to the state and county is determined each month and at contract year -end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of Agenda Item No. 10F November 28, 2006 Page 7 of 26 surplus funds shall be reflected in Attachment 11, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director /administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either parry, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A -133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director /administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The 5 Agenda Item No. 1 O November 28. 2006 Page 8 of 26 CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE3851-1 Contract Management Variance Report and the DE58OL1 Analysis of Fund Equities Report; Fi. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the amount of the service specific variance between actual and planned expenditures does not exceed three percent of the total planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget _. Management. 6 Agenda Item No. 10F November 28, 2006 Page 9 of 26 p, The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: March 1, 2007 for the report period October 1, 2006 through December 31, 2006; ii. June 1, 2007 for the report period October 1, 2006 through March 31, 2007; N. September 1, 2007 for the report period October 1, 2006 through June 30, 2007; and iv. December 1, 2007 for the report period October 1, 2006 through September 30, 2007. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County - owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self - insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self - insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one- hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an Agenda Item No. 1 O November 28, 2006 Page 10 of 26 obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2007, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Contract Managers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: Joan M. Colfer, M.D.,M.P.H. Name Director, Collier County Health Dept. Title 3301 E. Tamiami Trail Bid- H Naples, Florida 34112 Address (239) 774 -8201 Telephone For the County: Marla Olsvig Ramsey Name Public Services Administrator Title 3301 E. Tamiami Trail, Bldg. H Naples, Florida 34112 Address (239 ) 774 -8383 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. C. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. Agenda Item Rio. 1OF November 28, 2006 Page 11 of 26 In WITNESS THEREOF, the parties hereto have caused this 24 page agreement to be executed by their undersigned officials as duly authorized effective the 1St day of October, 2006. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: i "J" "."r.j STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: M Rony Francois, M.D., M.S.P.H., Ph.D. TITLE: Secretary DATE: SIGNEE NAME: TITLE: CHD Director /Administrator DATE: I 1 t 5 9 Agenda Item No. 1 O November 28, 2006 Page 12 of 26 ATTACHMENT COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50 -20), Environmental Health Coding Pamphlet (DHP 50 -21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Sexually Transmitted Disease Program 2, Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children. 4. Healthy Start/ Improved Pregnancy Outcome 5. Family Planning 6. Immunization 7 91 Requirement Requirements as specked in FAC 64D -3, F.S. 381 and F-S, 384 and the CHD Guidebook. Monthly reporting on DH Form 1008 *. Service documentation and monthly financial reports as specified in OHM 150 -24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the Healthy Start Standards and Guidelines 1998 and as specified by the Health Start Coalitions in contract with each county health department. Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14* Periodic reports as specified by the department regarding the surveillance /investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. Chronic Disease Program Requirements as specified in the Community Intervention Program (CIP) and the CHD Guidebook. Environmental Health Requirements as specified in DHP 50-4* and 50 -21* HIV /AIDS Program Requirements as specified in Florida Statue 384.25 and 64D -3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on CDC Forms 50.42B (Adult/ Adolescent) and 50.42A (Pediatric). Socio-demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post -Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV /AIDS office within 5 days of the initial post -test counseling appointment or within 90 days of the missed post -test counseling appointment. 10 Agenda Item No. 10F November 28, 2006 Page 13 of 26 ATTACHMENT I (Continued) 10. School Health Services HRSM 150 -25 *, including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. LL Co (-I) �7- Z3) C7) CL > 0 z w L) z LLJ :i F- CL w LLJ z :D 0 LU 0 Q F- cr- CL 12 Ln cc 0) "Ti Clt 'ei co �r I�r Is c LO a) m C;) 0 F-- Cq CNZ a E "m a) CL d) cu co C> CL w m (D c c U- U) 0 CD CD 2 N a) CL R f//75 L) m 0 cr) co dot 0 0 m cm 9 o E U) .2� oc: CD U) 2 co 0 k \- 0) F U) 70 Co ID C4 co co cm t - CL 0 E Ict N (D _0 ca LU o C cu 0 2 — 0 L4 cu c 0 .0 cu CL C: o a) > CD 0 ca co > (D C) :3 C: 2 0 0 (D 2 LL Ef 30. 0 d ca E C: E C: IRt 8 F in u am) E E a) c E 0 a) cu m W a) ca a 0 a a) Cj = < 0, t2 (n 0 En cu w _0 0 CL -0 0 U- co 0 0 Cl 0 C) a) 0 6- 0- 2� . cq M m 0 C,4 a) m — m 't LO :3 CL 0 0 Q> 0 .= M :3 00 co 0 m 0 ¥ a) t C\i C6 ¥ Z V) E 12 Agenda Item No. 101= ATTACHMENT II. November 28, 2006 Page 15 of 26 COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Healtb Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 1. GENERAL REVENUE - STATE 015040 ALG /CESSPOOL IDENTIFICATION AND ELIMINATION 0 0 0 0 0 015040 ALGICONTR TO CHDS -AIDS PATIENT CARE 100,000 0 100,000 0 100,000 015040 ALG /CONTR TO CHDS -AIDS PREY & SURV & FIELD STAFF 100,075 0 100,075 0 100,075 015040 ALG /CONTR TO CHDS - DENTAL PROGRAM 130,000 0 130,000 0 130,000 015040 ALG /CONTR TO CHDS- MIGRANT LABOR CAMP SANITATION 68,209 0 68,209 0 68,209 015040 ALG /CONTR. TO CHDS - IMMUNIZATION OUTREACH TEAMS 27,662 0 27,662 0 27,662 015040 ALG /CONTR. TO CHDS- INDOOR AIR ASSIST PROG 0 0 0 0 0 015040 ALG /CONTR. TO CHDS -MCH HEALTH - FIELD STAFF COST 0 0 0 0 0 015040 ALG /CONTR. TO CHDS- SOVEREIGN IMMUNITY 0 0 0 0 0 015040 ALG /CONTRIBUTION TO CHDS - PRIMARY CARE 27,361 0 27,361 0 27,361 015040 ALG/FAMILY PLANNING 48,602 0 48,602 0 48,602 015040 ALGAPO - OUTREACH SOCIAL WORKERS CAT. 050707 0 0 0 0 0 015040 ALG: EPO HEALTHY START 0 0 0 0 0 015040 AL.GAPO HEALTHY START/IPO CAT 050707 0 0 0 0 0 015040 ALGAPO- INFANT MORTALITY PROJECT CAT. 050707 0 0 0 0 0 015040 ALG /MCH HEALTHY START/IPO CAT 050870 0 0 0 0 0 015040 ALG/MCH- INFANT MORTALITY PROJECT CAT. 050870 0 0 0 0 0 015040 ALG.,MCH- OUTREACH SOCLAL WORKERS CAT 050870 0 0 0 0 0 015040 ALG /PRIMARY CARE 354,068 0 354,068 0 354,068 015040 ALG /SCHOOL HEALTH/SUPPLEMENTAL 0 0 0 0 0 015040 CATE ESCAMBIA 0 0 0 0 0 015040 CHD SUPPORT SERVICES 0 0 0 0 0 015040 CLOSING THE GAP PROGRAM 120,382 0 120,382 0 120,382 015040 COMMUNITY SMILES - DADE 0 0 0 0 0 015040 COMMUNITY TB PROGRAM 119,091 0 119,091 0 119,091 015040 DENTAL SPECIAL INITIATIVE PROJECTS 0 0 0 0 0 015040 DUVAL TEED PREGNANCY PREVENTION 0 0 0 0 0 015041) ENHANCED DENTAL SERVICES 0 0 0 0 0 015040 FL HEPATITIS & LIVER FAILURE PREVENTION /CONTROL 0 0 0 0 0 015040 HEALTH PROMOTION & EDUCATION INITIATIVES 0 0 0 0 0 015040 HEALTHY BEACHES MONITORING 24,098 0 24,098 0 24,098 015040 HEALTHY START - DATA COLLECTION PROJECT STAFF 0 0 0 0 0 01 5040 LA L1GA CONTRA EL CANCER 0 0 0 0 0 015040 MEDIVAN PROJECT 0 0 0 0 D 015040 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PREV 0 0 0 0 0 015040 PRIMARY CARE SPECLiL DENTAL, PROJECTS 0 0 0 0 0 015040 PRIMARY CARE SPECIAL PROJECTS 0 0 0 0 0 015040 SCHOOL HEALTH- SUPPI.EME,NT -TANF 0 0 0 0 0 015040 SPECIAL NEEDS SHELTER PROGRAM 0 0 0 0 0 015040 STD GENERAL REVENUE 0 0 0 0 0 015040 VOLUNTEER SCHOOL HEALTH NURSE GRANT 56,000 0 56,000 0 56,000 015050 ALG/CONTR TO CHDS 2,984,294 0 2,984,294 0 2,984,294 GENERAL REVENUE TOTAL 4,159,842 0 4,159,842 0 4,159,842 2. NON GENERAL REVENUE - STATE 015016 ALG /CONTR TO CHDS- REBASTNG TOBACCO TF 33,298 0 33,298 0 33,298 015010 BASIC SCHOOL HEALTH - TOBACCO TF 136.680 0 136,680 0 136,680 015010 CHD SUPPORT SERVICES 0 0 0 0 0 13 14 Agenda Item No. 1 OF ATTACHMENT II. November 28, 2006 Page 16 of 26 COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CAD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 2. NON GENERAL REVENUE - STATE 015010 FL HEPATITIS & LIVER FAILURE PREVENTION /CONTROL 186,012 0 186,012 0 186,012 015010 FULL SERVICE SCHOOLS - TOBACCO TF 114,545 0 114,545 0 114,545 015010 TOBACCO PREVENTION &amp; CESSATION PROGRAM 95,146 0 95,146 0 95,146 015010 PACE EH 0 0 0 0 0 015010 PUBLIC SWIMMING POOL PROGRAM 0 0 0 0 0 01 5010 SUPER ACT PROGRAM ADM TF 4,000 0 4,000 0 4,000 015010 SUPPLEMENTALJCOMPREHENSIVE SCHOOL HEALTH- TOB TF 0 0 0 0 0 015010 VARICELLA IMMUNIZATION REQUIREMENT TOBACCO TF 14,806 0 14,806 0 14,806 015020 BIOMEDICAL WASTE /DEP ADM TF 9,799 0 9,799 0 9,799 0 15 02 0 SAFE DRINKING WATER PRG /DEP ADM 0 0 0 0 0 015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM TFIDACS 0 0 0 0 0 NON GENERAL REVENUE TOTAL 594,286 0 594,286 0 594,286 3. FEDERAL FUNDS - State 007000 AIDS PREVENTION 160,182 0 160,182 0 160,182 007000 007000 007000 0000 AIDS SEROPREVALENCE BIOTERR HOSPITAL PREPAREDNESS BIOTERR SURVEILLANCE &amp; EPIDEMIOLOGY BIOTERRORISM PLANNING &arnp; READINESS 0 25,900 121,017 91,775 0 0 0 0 0 25,900 121,017 91,775 0 0 0 0 0 25,900 121,017 91,775 007000 CDHPE PROGRAM 79,117 0 79,117 0 79,117 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 007000 x- 007000 17000 007000 007000 007000 007000 CHD SUPPORT SERVICES CHILDHOOD LEAD POISONING PREVENTION COASTAL BEACH MONITORING PROGRAM COMPREHENSIVE CARDIOVASCULAR PROGRAM FGTF /AIDS MORBIDITY FGTF/BREAST & CERVICAL CANCER -ADMIN /CASE MAN FGTF /FAMILY PLANNING TITLE X SPECIAL INITIATIVES FGTF/FAMILY PLANNING -TITLE X FGTFIIMMUNIZATION ACTION PLAN FGTFIWIC ADMINISTRATION FLORIDA PANDEMIC INFLUENZA HEALTH PROGRAM FOR REFUGEES HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS (HOP WA) IMMUNIZATION SUPPLEMENTAL IMMUNIZATION SPECIAL PROJECT MCH BGTF - GADSDEN SCHOOL CLINIC MCH BGTF - HEALTHY START 1PO MCH BGTF - INFANT MORTALITY PROJECT MCH BGTF - MCH /CHILD HEALTH MCH BGTF - SCHOOL HEALTH BASIC MCH BGTF - OUTREACH SOCIAL WORKERS PHP- CITIES RESPONSE INITIATIVE RAPE PREVENTION & EDUCATION GRANT RISK COMMUNICATIONS RYAN WHITE RYAN WHITE - EMERGING COMMUNITIES RYAN WHITE -AIDS DRUG ASSIST PROG -ADM1N RYAN WHITE- CONSORTIA 120,421 0 21,08 0 0 0 53,397 77,914 41,954 1,150,003 15,000 67,651 0 42,165 12,368 0 0 0 11,251 13,376 0 0 0 0 0 0 77,951 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120,421 0 21,208 0 0 0 53,397 77,914 41,954 1,150,003 15,000 67,651 0 42,165 12,368 0 0 0 11,251 13,376 0 0 0 0 0 0 77,951 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120,421 0 21,208 0 0 0 53,397 77,914 41,954 1,150,003 15,000 67,651 0 42,165 12,368 0 0 0 11,251 13,376 0 0 0 0 0 0 77,951 0 14 Agenda Item No. 1 O ATTACHMENT H. November 28, 2006 Page 17 of 26 COLLIER COUNTY HEALTH DEPARTMENT Part H. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 3. FEDERAL FUNDS - State 007000 STD FEDERAL GRANT - CSPS 0 0 0 0 0 007000 STD PROGRAM - PHYSICIAN TRAINING CENTER 0 0 0 0 0 007000 STD PROGRAM INFERTILITY PREVENTION PROJECT (IPP) 5,624 0 5,624 0 5,624 007000 SYPHILIS ELIMINATION 0 0 0 0 0 007000 TESTING HIV SERONEGATIVE HEADQUARTERS 0 0 0 0 0 007000 TRAINING AND EDUCATION 000 0 4,000 0 4,000 007000 TUBERCULOSIS CONTROL - FEDERAL GRANT 106,203 0 106,203 0 106,203 007000 WEST NILE VIRUS & EPIDEMIOLOGY PROJECTS 2006 0 0 0 0 0 007000 WIC BREASTFEEDING PEER COUNSELING 26,306 0 26,306 0 26,306 007000 WIC BREASTFEEDING PEER COUNSELING PROG FFY 2005 0 0 0 0 0 007000 WIC INFRASTRUCTURE 10,047 0 10,047 0 10,047 015009 MEDIPASS WAIVER -HLTHY STRT CLIENT SERVICES 0 0 0 0 0 015009 MEDIPASS WAIVER -SOBRA 0 0 0 0 0 015075 TITLEXXVSCHOOL HEALTH/SUPPLEMENTAL 0 0 0 0 0 0 [5075 REFUGEE SCREENING REIMBURSEMENT ]00,000 0 100,000 0 100,000 015075 NEW LINE 0 0 0 0 0 015075 NEW LINE 0 0 0 0 0 FEDERAL FUNDS TOTAL 2,434,830 0 2,434,830 0 2,434,830 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 MIGRANT HOUSING PERMIT 24,000 0 24,000 0 24,000 001020 MOBILE HOME AND PARKS 22.504 0 22,500 0 22,500 001020 FOOD HYGIENE PERMIT 27,500 0 27,500 0 27,500 001020 BIOHAZARD WASTE PERMIT 23,900 0 23,900 0 23,900 001020 SWIMMING POOLS 225,000 0 225,000 0 225,000 001020 PRIVATE WATER CONSTR PERMIT 0 0 0 0 0 001020 PUBLIC WATER ANNUAL OPER PERMIT 9,000 0 9,000 0 9,000 001020 PUBLIC WATER CONSTR PERMIT 0 0 0 0 0 001020 NON -SDWA SYSTEM PERMIT 0 0 0 0 0 001020 GROUP CARE 10,004 0 10,000 0 10,000 001020 TANNING FACILITIES 6,000 0 6,000 0 6,006 001020 BODY PIERCING 300 0 300 0 300 001092 NON SDWA LAB SAMPLE 0 0 0 0 0 001092 OSDS VARIANCE- FEE 0 0 0 0 0 001092 ENVIRONMENTAL HEALTH FEES 240,000 0 240,000 0 240,000 001092 OSDS REPAIR PERMIT 0 0 0 0 0 001092 OSDS PERMIT FEE 0 0 0 0 0 001492 I& vl ZONED OPERATING PERMIT 0 0 0 0 0 001092 AEROBIC OPERATING PERMIT 0 0 0 0 0 001092 SEPTIC TANK SITE EVALUATION 0 0 0 0 0 001170 LAB FEE CHEMICAL ANALYSIS 0 0 0 0 0 001170 NONPOT.ABLE WATER ANALYSIS 0 0 0 0 0 001170 WATER ANALYSIS- POTABLE 0 0 0 0 0, 010304 MQA INSPECTION FEE 12,500 0 12,500 0 12,500 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 600,700 0 600,700 0 600,700 5. OTHER CASH CONTRIBUTIONS - STATE 15 iL Agenda Item No. 1OF ATTACHMENT H. November 28, 2006 Page 18 of 26 COLLIER COUNTY HEALTH DEPARTMENT Part 11. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 5. OTHER CASH CONTRIBUTIONS - STATE 010304 STATIONARY POLLUTANT STORAGE TANKS 0 0 0 0 0 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 OTHER CASH CONTRIBUTIONS TOTAL 0 0 0 0 0 6. MEDICAID - STATE/COUNTY 001056 MEDICAID PHARMACY 185,425 264,200 449,625 0 449,625 001076 MEDICAID TB 15,310 21,815 37,125 0 37,125 001078 MEDICAID ADMINISTRATION OF VACCINE 9,785 9,785 19,569 0 19,569 001079 MEDICAID CASE MANAGEMENT 21,652 21,652 43,303 0 43,303 001080 MEDICAID OTHER 001081 MEDICAID CHILD HEALTH CHECK UP 001082 MEDICAID DENTAL 25,517 0 410,133 36,358 0 584,369 61,875 0 994,502 0 0 0 61,875 0 994,502 001087 MEDICAID STD 001089 MEDICAID AIDS 001 147 MEDICAID HMO RATE 0 10,207 0 0 14,543 0 0 24,750 0 0 0 0 0 24,750 0 001 191 MEDICAID MATERNITY 001 192 MEDICAID COMPREHENSIVE CHILD ­001193 MEDICAID COMPREHENSIVE ADULT 1194 MEDICAID LABORATORY 001083 MEDICAID FAMILY PLANNING 001208 MEDIPASS $3.00 ADM. FEE 0 0 0 0 0 425 0 0 0 0 0 425 0 0 0 0 0 850 0 0 0 0 0 0 0 0 0 0 0 850 MEDICAID TOTAL 678,453 953,146 1,631,599 0 1,631,599 7. ALLOCABLE REVENUE -STATE 018000 REFUNDS 037000 PRIOR YEAR WARRANT 038000 12 MONTH OLD WARRANT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ALLOCABLE REVENUE TOTAL 0 0 0 0 0 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE PHARMACY SERVICES 0 0 0 183,266 183,266 LABORATORY SERVICES TB SERVICES 0 0 0 0 0 0 251,577 0 251,577 0 IMMUNIZATION SERVICES STD SERVICES CONSTRUCTION /RENOVATION WIC FOOD 0 0 0 0 0 0 0 0 0 0 0 0 630,960 0 0 5,799,020 630,960 0 0 5,799,020 ADAP DENTAL SERVICES OTHER (SPECIFY) OTHER (SPECIFY) 0 0 0 0 0 0 0 0 0 0 0 0 1,533,493 0 0 0 1,533,493 0 0 0 ° THER STATE CONTRIBUTIONS TOTAL 0 0 0 8,398,316 8,398,316 - DIRECT COUNTY CONTRIBUTIONS - COUNTY 008030 BCC Contribution from Health Care Tax 008034 BCC Contribution from General Fund 0 0 0 1,504,900 0 1,504,900 0 0 0 1,504,900 iL Agenda Item No. 10F ATTACHMENT II. November 28, 2006 Page 19 of 26 17 COLLIER COUNTY HEALTH DEPARTMENT Part II. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total BOARD OF COUNTY COMMISSIONERS TOTAL 0 1,504,900 t,504,900 0 1,504,900 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001D60 VITAL STATISTICS FEES OTHER 0 152 152 0 152 001077 RABIES VACCINE 0 0 0 0 D 001077 CHILD CAR SEAT PROG 0 0 0 0 0 001077 PERSONAL HEALTH FEES 0 211,768 211,768 0 211,768 001077 AIDS CO -PAYS 0 0 0 0 0 001094 LOCAL ORDINANCE FEES 0 621,192 621,192 0 621,192 001094 ADULT ENTER. PERMIT FEES 0 0 0 0 0 001114 NEW BIRTH CERTIFICATES 0 68,037 68,037 0 68,037 001115 DEATH CERTIFICATES 0 189,836 189,836 0 189,836 001117 VITAL STATS -ADM. FEE 50 CENTS 0 3,803 3,803 0 3,803 FEES AUTHORIZED BY COUNTY TOTAL 0 1,094,788 1.094,788 0 1,094,788 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001009 RETURNED CHECK ITEM 0 0 0 0 0 001029 THIRD PARTY REIMBURSEMENT 0 455,247 455,247 0 455,247 001029 HEALTH MAINTENANCE ORGAN. (HMO) 0 0 0 0 0 001054 MEDICARE PART D 0 0 0 0 0 001077 RYAN WHITE TITLE 11 0 0 0 0 D 001090 MEDICARE PART B 0 136,500 136,500 0 136,500 005040 INTEREST EAF -NhD 0 0 0 0 0 005041 INTEREST EARNED -STATE INVESTMENT ACCOUNT 0 15,000 15,000 0 15,000 007010 U.S. GRANTS DIRECT 0 0 0 0 0 010300 SALE OF GOODS AND SERVICES TO STATE AGENCIES 0 0 0 0 0 010301 EXP WITNESS FEE CONSULTNT CHARGES 0 0 0 0 0 010405 SALE OF PHARMACEUTICALS 0 69,700 69,70() 0 69,700 010409 SALE OF GOODS OUTSIDE STATE GOVERNMENT 0 0 0 0 0 011000 GRANT- DIRECT 0 42,000 42,000 0 42,000 011000 GRANT - DIRECT 0 15,000 15,000 0 15,000 011000 County Commissioner's - LIP FUND 0 185,900 185,900 0 135,900 011000 GRANT - DIRECT 0 34,036 34,036 0 34,036 011000 GRANT- DIRECT 0 24,000 24,000 0 24,000 011 000 GRANT- DIRECT 0 16,600 16,600 0 16,600 011000 GRANT - DIRECT 0 0 0 0 0 011000 GRANT - DIRECT 0 22,000 22,000 0 22,000 011001 HEALTHY START COALITION CONTRIBUTIONS 0 363,128 363,128 0 363,128 011007 CASH DONATIONS PRIVATE 0 0 0 0 0 012020 FINES AND FORFEITURES 0 11,264 11,264 0 11,264 012021 RETURN CHECK CHARGE 0 0 0 0 0 028020 INSURANCE RECOVERIES -OTHER 0 0 0 0 0 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 0 0 0 0 008010 Contribution from Ciry Government 0 0 0 0 0 008020 Contribution from Health Care Tax not thru BCC 0 0 0 0 0 008050 School Board Contribution 0 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 1,390,375 1,390,375 0 1,390,375 12. ALLOCABLE REVENUE - COUNTY 17 tR Agenda Item No. 10F ATTACHMENT II. November Page 28, 2006 20 of 26 COLLIER COUNTY HEALTH DEPARTMENT Part H. Sources of Contributions to County Health Department October 1, 2006 to September 30, 2007 State CHD Trust Fund (cash) County CHD Trust Fund Total CHD Trust Fund (cash) Other Contribution Total 12. ALLOCABLE REVENUE -COUNTY 018000 REFUNDS 037000 PRIOR YEAR WARRANT 038000 12 MONTH OLD WARRANT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 COUNTY ALLOCABLE REVENUE TOTAL 0 0 0 0 0 13. BUILDINGS -COUNTY ANNUAL RENTAL EQUIVALENT VALUE BUILDING MAINTENANCE INSURANCE UTILITIES GROUNDS MAINTENANCE FACILITY OPERATING EXPENSE OTHER (SPECIFY) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 526,648 70,455 0 0 0 340,100 0 526,648 70,455 0 0 0 340,100 0 BUILDINGS TOTAL 0 0 0 937,203 937,203 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENTNEHICLE PURCHASES VEHICLE INSURANCE VEHICLE MAINTENANCE OTHER COUNTY CONTRIBUTION (SPECIFY) OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CHD PROGRAM 8,468,111 4,943,209 13,411,320 9,335,519 22,746,839 tR Aaenda Item No. 1 O fJovember 28, 2006 ATTACHMENT IL Page 21 of 26 COLLIER COUNTY HEALTH DEPARTMENT Part III. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 2006 to September 30, 2007 Quarterly Expenditure Plan FTE's Clients 1st 2nd 3rd 4th Grand (0.00) Units Services (Whole dollars only) State County Total A. COMMUNICABLE DISEASE CONTROL: VITAL STATISTICS (180) 2.53 0 0 27,116 33,029 29,757 36,755 126,657 0 126,657 IMMIINIZATION(101) 14.89 8,618 37,009 274,787 195,601 170,586 236,602 434,384 443,192 877,576 STD (102) 8.79 1,061 8,018 118,541 121,406 131,111 133,746 356,512 148,292 504,804 A.I.D.S. (103) 17.59 1,263 8,576 487,788 538,815 493,021 498,336 1,218,041 799,919 2,017,960 TB CONTROL SERVICES (104) 10.68 1,236 10,511 134,915 175,852 160,753 [73,980 429,580 215,920 645,500 COMM. DISEASE SURV, (106) 5.85 0 1,839 94,939 117,963 99,580 107,037 218,821 200,698 419,519 HEPATITIS PREVENTION (109) 4.76 1,033 3.945 64,477 73,049 91,171 70,366 286,114 12,949 299,063 PUBLIC HEALTH PREP AND RESP (I 10) 8.55 0 1,548 293,080 87,333 101,839 158,971 529,522 111,701 641,223 73.63 13.211 71,446 1,495,643 1,343,048 1,277,818 1,415,793 3,599,631 1,932,671 5,532,302 COMMUNICABLE DISEASE SUBTOTAL B. PRIMARY CARE: CHRONIC DISEASE SERVICES (210) 3.09 3,190 1,968 58,267 89,533 94,984 53,750 197,387 98,147 295.534 TOBACCO PREVENTION (212) 1.00 0 701 14,680 16,692 24,214 12,195 12,681 55,100 67,781 HOME HEALTH (215) 0.00 0 0 0 0 0 0 0 0 0 W.I.C. (221) 28.79 12,865 103,112 342,406 369,925 415,387 466,038 1,593,756 0 1,593,756 FAMILY PLANNING (223) 1.34 991 1,977 56,728 54,666 44,012 44,494 157,181 42,719 199,900 IMPROVED PREGNANCY OUTCOME (225) 5.52 95 7,220 75,753 192,548 197,318 210,096 81,086 594,629 675,71' HEALTHY START PRENATAL (227) 17.85 2,119 28,003 196,167 310,815 233,954 238,982 492.115 487,803 979,918 COMPREHENSIVE CHILD HEALTH (229) 1.74 106 653 81,251 91,453 59,468 30,085 122,193 170,064 292,257 HEALTHY START INFANT (231) 4.03 508 10,096 29,438 48,591 59,905 70,658 203,231 5,361 208,592 SCHOOL HEALTH (234) 7.08 0 113,009 133.'_66 91,504 96,640 124,067 355,872 79,605 435,477 COMPREHENSIVE ADULT HEALTH (237) 7.21 1,380 6,116 115,852 143,786 149,920 182,538 357,567 234,529 592,096 DENTAL HEALTH (240) 11.74 1,805 18,452 195,381 241,639 207,196 265,192 337,622 571,186 908.808 8939 23,059 291,307 1,299,189 1,649,552 1,602,998 [,698,095 3,910,691 2,339,143 6.249,834 PRIMARY CARE SUBTOTAL C. ENVIRONMENTAL IIEALTH: Water and Onsite Sewage Programs COASTAL BEACH MONITORING (347) 0.03 953 953 4,397 8,193 6,016 5,336 23,712 230 23,942 LIMITED USE PUBLIC WATER SYSTEMS (357) 0.79 108 388 1 1,140 9,604 11,052 14,983 34,939 11,840 46,779 PUBLIC WATER SYSTEM (358) 0.04 0 0 60 2,386 0 49 2,494 1 2,495 PRIVATE WATER SYSTEM (359) 0.16 1 118 3,929 5,414 4,386 2,076 13,063 2,742 15,805 INDIVIDUAL SEWAGE D1SP. (361) 6.68 2,782 11,201 108,443 129,498 120,738 134,359 276,348 216,690 493,038 Group Total 7,70 3,844 12,660 127,969 155,095 142,192 156,803 350,556 231,503 582,059 Facility Programs FOOD IIYGIEIrE (348) 3.47 253 1,202 44,773 70,877 48,301 45,655 204,240 5,366 209,606 BODY ART (349) 0.00 2 9 86 46 1 391 504 20 524 GROUP CARE FACILITY (35 1) 0.62 312 573 6,794 11,063 8,005 9,071 8,160 25,773 33,933 MIGRANT LABOR CAMP (352) 3.44 274 1,625 63,688 56,414 60,811 96,101 27,014 250,000 277,0I4 I-IOUSING,PUBLIC BLDG SAFETY,SANITATION (350.)D0 0 1 3 3 3 196 205 0 205 MOBILE HOME AND PARKS SERVICES (354) 0.51 92 331 4,069 6,072 1,915 14,673 26,208 521 26,729 SWIMMING POOLS /BATHING (360) 5.26 1,309 11,965 82,395 93,575 72,259 80,086 121.903 206,412 328,31. BIOMEDICAL WASTE SERVICES (364) 1.12 441 768 5,748 8,755 38,013 23,048 73,796 1,768 75,564 TANNING FACILITY SERVICES (369) 0.13 21 71 689 2,075 1,043 4,120 7,927 0 7,927 19 Agenda Item No. IOF ATTACHMENT II. November 28, 2006 COLLIER C Page 22 of 26 OUNTY HEALTH DEPARTMENT Part I11. Planned Staffing, Clients, Services, And Expenditures By Program Service Area Within Each Level Of Service October 1, 2006 to September 30, 2007 Quarterly Expenditure Plan FIrE's Clients 1st 2nd 3rd 4th Grand (0.00) Units Services (Whole dollars only) State County Total C. ENVIRONMENTAL HEALTH: Group Total Groundwater Contamination 14.55 2,704 16,545 208,245 248,880 230,351 272,341 469,957 489,860 959,817 STORAGE TANK COMPLIANCE (355) SUPER ACT SERVICE (356) 0.00 0.38 0 2 0 93 0 2,688 0 8,683 0 9,148 0 1,707 0 21,759 0 467 0 22,226 Group Total Community Hygiene 0.38 2 93 2,688 8,683 9,148 1,707 21,759 467 22,226 RADIOLOGICAL HEALTH (372) TOXIC SUBSTANCES (373) OCCUPATIONAL HEALTH (344) 0.00 0.00 0.35 0 0 0 0 0 268 95 0 1,649 70 0 6,063 l 0 8,893 0 0 5,056 162 0 21,661 4 0 0 166 0 21,661 CONSUMER PRODUCT SAFETY (345) 0.00 INJURY PREVENTION (346) 0.00 LEAD MONITORING SERVICES (350) 0.01 PUBLIC SEWAGE (362) 0.00 SOLID WASTE DISPOSAL (363) 0.00 SANITARY NUISANCE(365) 0.02 RABIES SURVEILLANCE/CONTROL SERVICES (368)00 -` RBOVIRUS SURVEILLANCE (367) 0.68 ,ODENT /ARTHROPOD CONTROL (368) 0.00 WATER POLLUTION (3 70) 6.00 AIR POLLUTION (37 1) 0.00 0 0 0 0 0 0 0 0 0 0 0 4 0 16 0 0 0 0 817 0 0 0 1 152 5 0 1 16 0 10,982 0 0 0 1 0 257 0 l 712 0 10,968 0 0 0 1 l 0 0 45 18 0 9,840 0 0 0 78 0 131 0 0 433 0 9,612 0 0 0 81 153 384 0 47 1,150 0 0 0 0 0 0 0 9 0 0 29 0 41,402 0 0 0 81 153 393 0 47 1,179 0 41,402 0 0 0 Group Total 1.06 0 1,105 12,901 18,072 18,799 15,310 23,638 41,444 65,082 ENVIRONMENTAL HEALTH SUBTOTAL 23.69 6,550 30,403 351,803 430,730 400,490 446,161 865,910 763,274 1,629,184 D. SPECIAL CONTRACTS: SPECIAL CONTRACTS (599) 0.00 0 0 0 0 0 0 0 0 0 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 0 0 0 0 0 0 0 TOTAL CONTRACT 186.71 42,820 393,156 3,146,635 3,423,330 3,281,306 3,560,049 8,376,232 5,035,088 13,411,320 20 Agenda Item No. 10F November 28, 2006 Page 23 of 26 ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and S (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97 -35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. 21 Agenda Item No. 10F November 28, 2006 Page 24 of 26 ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Collier County Health Department & Public Services Building H Immokalee Satellite Golden Gate WIC office Location 3301 E. Tarniami Trail Building H, Naples 419 North First Street Immokalee 4945 Golden Gate Parkway Unit 102, Naples Owned By Collier County Collier County Benderson Development 22 Agenda Item No. 1 O November 28, 2006 Page 25 of 26 ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN IDENTIFY THE AMOUNT OF CASH THAT IS ANTICIPATED TO BE SET ASIDE ANNUALLY FOR THE PROJECT. CONTRACT YEAR STATE COUNTY TOTAL 2004 -2005 $ $ $ - 2005 -2006 $ $ $ - 2006 -2007 $ $ $ - 2007 -2008 $ $ $ - 2008 -2009 $ $ $ PROJECT TOTAL $ 583,708 $ 569,410 $ 1,153,118 SPECIAL PROJECT CONSTRUCTIONIREN OVATION PLAN PROJECT NAME: LOCATION/ ADDRESS: PROJECT TYPE: Renovation of CHD offices Building H of the Collier County Government Complex NEW BUILDING ROOFING RENOVATION X PLANNING STUDY NEW ADDITION OTHER SQUARE FOOTAGE: 0 PROJECT SUMMARY: Describe scope of work in reasonable detail. The Collier County Health Department will be moving its Environmental Health Division from a satellite government complex to the main building (Building H) of the government complex located on Tamiami Trail during 2005 -2006 when the space becomes available. Medical Records will be recarpeted and the main lobby will get a information Kiosk to be staffed by administration. Other operating programs will also be reconfigured during the time frame 2005 -20010 including: School Health, Disaster Preparedness, Family Health, WIC, Epidemiology, Vital Slats, Pharmacy, and clinic areas of Communicable Disease. The Dental clinic will need to be expanded because of growth probably during the 2006 -20010 time frame. Also it is anticipated that Information Systems, Finance & Accounting, Human Resources, and the Director's Office wfll be renovated in 2007 -2010. ESTIMATED PROJECT INFORMATION: START DATE (initial expenditure of funds) : Oct -05 COMPLETION DATE: Dec -10 DESIGN FEES: CONSTRUCTION COSTS: FURNITURE /EQUIPMENT TOTAL PROJECT COST: COST PER SQ FOOT: $ 1,350,000 $ #DIV /0! Special Capital Projects are new contruction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. 23 Agenda Item No. 10F November 28, 2006 Page 26 of 26 �^ ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT PRIMARY CARE "Primary Care" as conceptualized for the county health departments and for the use of categorical Primary Care funds (revenue object code 015040) is defined as: "Health care services for the prevention or treatment of acute or chronic medical conditions or minor injuries of individuals which is provided in a clinic setting and may include family planning and maternity care." Indicate below the county health department programs that will be supported at least in part with categorical Primary Care funds this contract year: _X Comprehensive Child Health (229/29) _X_, Comprehensive Adult Health (237137) Family Planning (223123) _X _ Maternal Health /IPO (225/25) �-� Laboratory (242142) _X— Pharmacy (241/93) Other Medical Treatment Program (please identify) Describe the target population to be served with categorical Primary Care funds. Does the health department intend to contract with other providers for the delivery of primary health care services using categorical (015040) Primary Care funds? If so, please identify the provider(s), describe the services to be delivered, and list the anticipated contractual amount by provider. In addition, contract providers are required to provide data on patients served and the services provided so that the patients may be registered and the service data entered into HCMS. 24 Agenda Item No. 16A1 November 28, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accept (as the said beneficiary) financial surety in the form of a letter of credit in the amount of $40,000 on behalf of Florida Audubon Society. Pursuant to the applicable provisions of the Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus credit requirements, the Collier County Land Development Code (LDC) requires financial surety in relation to all privately implemented restoration and maintenance plans. OBJECTIVE: That Board of County Commissioners accept (as the said beneficiary) the respective letter of credit on behalf of the Florida Audubon Society. The financial surety is necessary given that the restoration and maintenance plan (RMP) is being privately implemented. The letter of credit will be automatically renewed until the applicable RMP success criterion has been achieved in conjunction with the Environmental Services Department documenting the success through formal assessment and ground evaluation. CONSIDERATIONS: Pursuant to ordinance number 05 -49, an amendment to land development code (LDC) section 2.03.07, section 2.03.07 D.4.c.ii.a)3) outlines the following: The RMP shall provide financial assurance in the form of a performance surety bond or similar financial security,, the RMP shall remain in place and be performed, until the earlier of the following occurs: a. Viable and sustainable ecological and hydrological functionality has been achieved on the property as measured by the success criteria set forth in the RMP. b. The property is conveyed to a county, state, or federal agency. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Approval of this recommendation will further the goals and objectives of the Transfer of Development Rights (TDR) program. The TDR program aims to establish an equitable method of protecting and conserving the most valuable environmental lands, while allowing property owners of such lands to recoup lost value and development potential through an economically viable process of transferring development rights. LEGAL CONSIDERATIONS: The County Attorney's office has reviewed the letter of credit for legal form, content and sufficiency. RECOMMENDATION: Staff recommends that the Board of County Commissioners consider this recommendation and authorize its approval for the purposes of procedural implementation. Prepared by: Joe Thompson, Planner, Comprehensive Planning Department Agenda Item No. 16A1 November 28, 2006 Pane 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A1 Item Summary: Recommendation that the Board of County Commissioners accept (as the said beneficiary) financial surely to the form of a letter of credit in the amount of $40,000.00 on behalf of Florida Audubor Society. Pursuant to the applicable provisions of the Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus credit requirements.. the Collier County Land Development Code requires financial surety in relation to all privately implemented restoration and maintenance plans. Meeting Date: 11128!2006 9.00 00 AM Prepared By Joe Thompson Planner Date Community Development & Environmental Services Comprehensive Planning 10/31/2006 12:33:31 PM Approved By Mike Bost, AICP Principal Planner Date Community Development & Environmental Services zoning & Land Development Review 1116/2006 2:10 PM Approved By Constance A, Johnson Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin, 1 VBi2006 5:20 AM Approved By Commuinty Planning and Randall J. Cohen Date Redeuelopment Manager Community Development & Environmental Services Comprehensive Planning 11113120068:15 AM Approved By Community Development & Joseph K. Schmitt Date Environmental Services Administrator Community Development & Community Development & Environmental Services Environmental Services Admin. 11/1472006 3:30 PM Approved By OMB Coordinator Applications Analyst Date Administran— Services Information Technology 11115/2006 9:41 AM Approved By Mark Isackson Budget Analyst Date County 6anager's Office Office of Manag =merit & Budoet 11115,'200611:35 AM Approved By James V. rAUdd County Manager Date Board of County Commissioners County Manager's Office 1 V1512006 7:41 PM O 8 O .. W Q a c+� 4 O O O O O O Agenda Item No. 16A2 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Black Bear Ridge — Phase 311 , 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 "Black Bear Ridge — Phase 3 ", 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 "Black Bear Ridge — Phase 3 ". 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 "Black Bear Ridge — Phase 3" be approved for recording. FISCAL IMPACT: The project cost is $106,952.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $27,466.67 b) Drainage, Paving, Grading - $79,485.33 The Security amount, equal to 110% of the project cost, is $117,647.20 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: $4,223.56 Agenda Item No. 16,2 November 28, 2006 Fees are based on a construction estimate of $106,952.00 and were paid9ngMl jyf 4 2006. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,015.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 206.00 C) Drainage, Paving, Grading (.75% const. est.) - $ 596.14 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 618.00 e) Drainage, Paving, Grading(2.25 %const.est.) -$1,788.42 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 "Black Bear Ridge — Phase 3" for recording with the following stipulations: 1. Approve the amount of $117,647.20 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 Agenda Item No. 16A2 November 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ^. Item Number: 16A2 tar recording the final of Black Bear Ridge Phase 3, Item Summary: Recommendation to approve plat approval of the standard form Construction and Mainterance Agreement and approvai of the amount of the performance security. Meeting Date: 11/2812006 9:00:00 AM Prepared By John Houldsworth Senior Engineer Date Community Development & Engineering Services 11113/2006 9:37:38 AM Environmental Services Approved By Thomas E. Huck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 1111312006 9:46 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 11115,12006 8:47 AM Environmental Services Envronmental Services Admin. Approved By Community Development & Joseph K. Schmitt Environmemal Services Adminstrator Date Community Development & Community Development & 1111512006 8:55 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Date Administrative Services information Technology 11116/2006 10:55 AM Approved By ..tea.. Mark isackson Budget Analyst Date County Managers Office Office or Management & Budget I V1612006 12:24 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11/17/2006 4:58 PM Commissioners //\ ƒ/\ 9y/ 2» /\ ±2 � 3w� :ION Z 7 NNW CI a r | § § \ / \; 1 0 w 0 ) y , t$ . ME �( SJUMIT PLACE CIRCLE - ( E { §« ) « / & [g � 3w� :ION Z 7 NNW � Q � W � � Q � Z 0 Q U O —i r | § �- / \; 1 0 ME E \ §« « , [g r - /� � Q � W � � Q � Z 0 Q U O —i Agenda Item No. 16A3 November 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Request that the Board of County Commissioners authorize the County Manager or his designee to publish public notice of one public hearing regarding a staff recommended Ordinance to amend Ordinance No. 2001 -75, as amended, the Public Vehicle for Hire Ordinance, and to place the recommended amending Ordinance on the Board's Summary Agenda for possible enactment OBJECTIVE: That the Board of County Commissioners ( "Board ") authorize the County Manager or his designee to publish notice of a public hearing regarding staff's recommended amending Ordinance (to amend the Public Vehicle for Hire Ordinance) and to place the Ordinance on the Board's Summary Agenda for possible enactment. CONSIDERATIONS: The significant recommended amendments are: 1. Deregulate charter service rates (requested by the industry). 2. Authorize a discretionary 25 cent increase in taxi service base rate (requested by the industry). 3. Prohibit discounting taxi metered fares for trips that begin in Collier County, end in Collier County, and do not go outside of the County's geographic boundaries, except for passengers 60 years of age or more (requested by the industry). 4. Charter service vehicle operators need not display driver's ID except upon request of authorized requestors (requested by the industry). 5. Staff shall not accept vehicle inspections conducted by an individual who is biased in favor of the vehicle passing the inspection. 6. Prohibit staff from considering vehicle driver's license suspensions that are unrelated to competence to operate a motor vehicle (instructed by this Board). 7. Expand list of disqualifying criminal convictions. 8. Increase minimum required insurance for bodily injury to one individual (required by Florida Statute). 9. Authorize appeal to PVAC if application for a driver's ID is denied by staff. 10. Increase some fines for violations of the Ordinance. FISCAL IMPACT: Probability of collecting additional Ordinance violation fines. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this amending Ordinance. LEGAL CONSIDERATIONS: This request has been approved for legal sufficiency by the County Attorney's Office. RECOMMENDATION: That the Board authorize the County Manager or his designee to publish notice of a public hearing regarding this recommended Ordinance to amend the Public Vehicle for Hire Ordinance and to place the Ordinance on the Board's Summary Agenda. A^ PREPARED BY: Tom Palmer, Assistant County Attorney Agenda Item No. 16A3 November 2E, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A3 Item Summary: Recommendation that the Board of County Commissioners authorize staff to publish public notice of one public hearing regarding a staff recommended Ordinance to amend Ordinance No. 2001 -75 as amended. the Public Vehicle for Hire Ordinance. and to place the recommended amending Ordinance on the Boards Summary Agenca tar possible enactment. Meeting Date: 11!28!2006 9:00.00 AM Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 1111512006 B:OB AM Environmental Services Environmental Services Admin. Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 11!151200612:41 PM Environmental Services Environmental Services Admin, Approved By Community Development & Joseph K. Schmitt Environmental Services Administrator Date Community Development & Community Development 8 1111512006 6:42 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Dare Administrative Services information Technology 11116!200610:46 AM Approved By Michael Srnykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/1612006 1 4: 58 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1111612006 2:53 PM Commissioners Agenda Item No. 16A4 November 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve an individual calculation of General Government Building Impact Fees for the proposed City Furniture /Ashley Furniture store, resulting in a rate of $194 per 1,000 square feet, in accordance with the provisions of Section 74- 202(1) of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, and as reviewed and approved by Collier County's impact fee consultant. OBJECTIVE: To obtain Board of County Commissioners (Board) approval of an individual calculation of General Government Building Impact Fees for the proposed City Furniture /Ashley Furniture store, resulting in a rate of $194 per 1,000 square feet, in accordance with the provisions of Section 74 -202 (1) of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, and as reviewed and approved by Collier County's impact fee consultant. CONSIDERATIONS: Section 74- 202(1) of the Collier County Code of Laws and Ordinances (Code) provides that if a development involves a land use that is not contemplated under the impact fee land use categories set forth in the rate schedules in Appendix A, the impact fees may be calculated utilizing the adopted impact fee methodologies and impact fee rate calculation variables applicable to the most similar land use categories. The current General Government Building ' Impact Fee rate schedule does not include a furniture store as a land use classification. On July 25, 2006 the Board of County Commissioners approved an alternative road impact fee calculation, presented by Mr. Jeffrey A. Nunner of the Nunner Group, LLC, for the City Furniture /Ashley Furniture proposed for construction north of the intersection of U.S. 41 /Tamiami Trail North and Old U.S. 41 (C.R. 887). The project consists of approximately 134,000 square feet of commercial space, with 86,000 square feet of the space dedicated to City Furniture /Ashley Furniture store. In follow -up conversations with staff, Mr. Nunner requested that the data collection and analysis performed for the approved alternative road impact fee calculation be used, where applicable, to calculate the appropriate General Govermment Building Impact Fee rate for the City Furniture /Ashley Furniture store. The proposed independent calculation utilizes the same methodology set forth by the adopted General Government Building Impact Fee study and applies data that is specific to the furniture store land use. This information was obtained under the strict guidance provided by the Code related to alternative impact fee studies and was reviewed by both staff and the County's impact fee consultant, Tindale- Oliver and Associates, Inc., for accuracy and applicability. The proposed individual calculation was also reviewed and approved by the impact fee consultant. The result of the proposed individual calculation for the City Furniture /Ashley Furniture store is a rate of $194 per 1,000 square feet. In absence of an alternative study or individual calculation, the most applicable General Government Building Impact Fee rate on the adopted fee schedule is a Retail rate for facilities 100,001 to 150,000 square feet. This rate of $1,010 per 1,000 square feet is significantly higher than the rate proposed by the individual calculation, due in part to the types of retail facilities and shopping centers that were considered when developing the fee and their correlating demand. However, impact fee assessment must be equitable and may not exceed the amount reasonably anticipated to offset the demand on public facilities generated by the Individual Calculation — Furniture Store Page 2 Agenda Item No. 16A4 November 28, 2066 Page 2 of 7 development. Therefore, based on the information that was collected, reported and approved in the alternative road impact fee calculation for City Furniture /Ashley Furniture, which also is appropriate to be utilized for the individual calculation of General Government Building Impact Fees for the development, the Furniture Store rate of $194 per 1,000 square feet is the most accurate and equitable assessment for the proposed development. In accordance with the stipulations of the approval of the alternative road impact fee calculation for City Furniture /Ashley Furniture, staff and the impact fee consultant will be utilizing the information from the approved study along with additional studies and applicable information to develop a furniture store category for incorporation into the Road Impact Fee rate schedule. Staff recommends that the Board of County Commissioners authorize the County Manager or his designee, in conjunction with the consultant, to also review the information to determine the appropriateness of adding a furniture store category to the General Government Building Impact Fee rate schedule. The approval of this individual calculation applies only to the City Furniture /Ashley Furniture store and will not be applied to any future development. Any future changes to the impact fee rate schedules will be separately presented to the Board for consideration through an advertised public hearing(s), subsequent to appropriate notice. 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 contribute 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. The fee based on the individual calculation for General Government Building Impact Fees for the City Furniture /Ashley Furniture store represents current, localized and accurate assessment of the store's impact and associated cost of providing general government capital facilities attributable to the new development. FISCAL IMPACT: General Government Building Impact Fees are required to be paid prior to the issuance of a building pen-nit. Based on the proposed rate of $194 per 1,000 square feet and the proposed square footage of City Furniture /Ashley Furniture store of 86,000 square feet, the estimated General Government Building Impact Fees generated by the project will total $16,684 and will provide funding for general government building capital improvements necessitated by growth. LEGAL CONSIDERATIONS: This request is consistent with the provisions of Section 74 -202 (1) of Chapter 74 of the Code and is sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners approve an individual calculation of General Government Building Impact Fees for the proposed City Furniture /Ashley Furniture stole, resulting in a rate of $194 per 1,000 square feet, in accordance with the provisions of Section 74 -202 (1) of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, and as reviewed and approved by Collier County's impact fee consultant. Prepared by: Amy Patterson, Impact Fee Manager, Business Mgmt. and Budget Office, ODES Agenda Item No. 16A4 November 28, 2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15A4 Item Summary: Recommendation ;hat the Eoarc of County Comrrrssieners approve an individual calculation of General Government Bui',dinc Impact Fees for the proposed City Furniture/Ashley Furniture stcre, resulting in a rate of $194 per 1,000 souare feet . in accordance with the provisions of Se-tion 74- 202(1} of the Collier County Coop of Laws and Ordinances, whim is hne Collier County Consolidated Impact Fee Ordinance, and as revieweo and approved by Collier Countys impact fee consultant. Meeting Date: 11128/2000 9:0000 AM Prepared By Amy Patterson Impact Fee Manager Date Community Development & Financial Admin. &Housing 11 f9/2006 10:26:25 AM Environmental Services Approved By Garrett Mullee Financial Operations Manager Date Communitv Development & Financial Admin. &Housing 1111512006 11:15 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 1111512006 11:23 AM Environmental Services Environmental Services Admin. Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1111512006 11:40 AM Approved By Commun <ty Development & Joseph K. Schmid Environmental Services Adminstrator Date ^"^^ Comrnur,ity Development & Cmnrnunity Development & 11115/2006 6:53 PM Environmental Services Environmental Sere - sAdmin, .Approved By 061E Coordinator Applications Analyst Date AHmin�s +native Services Inferrnation Technology 11 ,'1612006 10:49 AM Approved By Mark Isackson Budget Analyst Date County M— ager's Office Office of Management & Budget 1!116;2006 3:07 PM Approved By James %' N'udd County Manager Date Board of County . County Manager's Office 1 :11672'0[ +4:14 PM Cornmissinncrs NUNNER Engineering Services October 4, 2006 Amy Patterson Impact Fee Coordinator Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 Re: City Furniture / Ashley Furniture Individual Calculation — Government Buildings Impact Fee Dear Ms. Patterson: Agenda Item No. 16A4 November 26, 2006 Page 4 of 7 This letter will document our meeting of September 20, 2006 and our discussion to submit an individual impact fee calculation for City Furniture pursuant County Ordinance section 74- 202(1). The applicant is in the process of completing the design for an 86,000 square foot furniture store to be located at Triangle Parcel at the intersection of US41 and Old US 41. The applicant requests approval of an individual calculation of the government buildings impact fee rate applied to the proposed furniture stores. This calculation is based on the variables contained in the Furniture Store Alternate Impact Fee Calculation study for the Transportation Impact Fee and approved by the Board of County Commissioners at the July 25, 2006 meeting. Attached is the individual calculation. Please contact me if you have any questions or need any additional information. cereiv, �1 '3 reti A. N unner, 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 NUNNER Engineering Services Individual Calculation City Furniture / Ashley Furniture Government Buildings Impact Fee October 4, 2006 Agenda Item No. 16A4 November 28, 2006 Page 5 of 7 The values / variables identified below will be used to determine the Functional Resident Coefficient based on the calculation contained in the Government Building Impact Fee Study prepared by Tindale — Oliver & Associates dated May 2006. Trips per Unit Trips per unit will be the result of the approved rate as determined by the previously adopted Independent Transportation Impact Fee Calculation dated June 1, 2006 and approved by the Board of County Commissioners in July 25, 2006. This rate will be 7.1 Trips per Worker Trips per worker will be per the ITE Trip Generation 7`h Edition. The ITE Code reference is 890 Furniture Store. This rate will be 12.1.9. Workers Per Unit Workers per unit is 0.58 calculated per equation contained in Table B -3 Tindale — Oliver report referenced above and subject values. One — Way Factor One — way factor at 50% is 3.6 Worker Hours Worker Hours is 9. Occupants per Trip Occupants per Trip shall be 1.73. Visitors Visitors value is 5.6 calculated per equation contained in Table B -3 Tindale — Oliver report referenced above and subject values. Visitor Hours per Trip Visitor hours per trip will be conservatively assumed to be one hour. Days per Week Days per week shall be 7. Functional Resident Coefficient Calculated Functional Resident Coefficient is 0.45. 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 NUNNER Agenda Item No. 16A4 November 28, 2006 Page 2 of 2ge 6 of 7 Individual Impact Fee Calculation Impact fee for City Furniture will be $194 per 1000 square feet based on net impact fee of $432 per functional resident with Functional Resident Coefficient of 0.45. Prepared by: Nunner Croup, L.L.C. P ey A- Nunner, Number 45336 -- Date 8113 Lowbank Drive Naples, Florida 34109 239.591.1328 Fax: 239.591.1358 Agenda Item No. 16 ,44 November 28, 2006 Page 7 of 7 �,. Collier County General Government Building Impact Fee Independent Calculation Worksheet Project: City Furniture /Ashley Furniture Land Use: Furniture Store Fixed Criteria — Established by the adopted General Government Building Impact Fee Study (Adopted July 25, 2006) Capital Cost per Functional Resident $490.56 Capital Improvement Credit ($36.93) Debt Service Credit ($21.97) Net Impact Cost per Functional Resident $431.66 Variable Criteria — Data specific to the Furniture Store land use Trips per Unit 7.1 Trips per Worker 12.19 Workers per Unit 0.58 One -Way Factor @ 50% 3.6 Worker Hours 9 Occupants per Trip 1.73 Visitors 5.6 Visitor Hours per Trip 1 Days per Week 7 Functional Resident Coefficient Calculation [(Workers x Hours/Day x Days/Week) + Visitors x Hours/Visit x Days /Week)] (24 Hours/Day x 7 Days) 80.58 x 9 x 7) + (5.6 x l x 7)] 24x7 36.54+39.2 = 0.45 168 Functional Resident Coefficient = 0.45 Impact Fee Rate Calculation Net Impact Cost x Functional Resident Coefficient $431.66 x 0.45 = $194.24 Net Impact Fee = $194 per 1,000 square feet A. Patterson CDES 11/9/06 Agenda Item No. 16A5 November 23, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Mandalay Place ", 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 "Mandalay Place ", a subdivision of lands located in Section 23, Township 49 South, Range 25 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 "Mandalay Place ". 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 "Mandalay Place" be approved for recording. FISCAL IMPACT: The project cost is $399,906.13 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $155,282.13 b) Drainage, Paving, Grading - $244,624.00 The Security amount, equal to 110% of the project cost, is $439,896.74 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: $8,378.72 Agenda Item No. 16A5 November 28, 2006 Fees are based on a construction estimate of $244,624.00 (does not inclddeutyf 4 of Naples Water & Sewer Improvements) and were paid in April, 2005. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5. /ac) - $1,040.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ n/a C) Drainage, Paving, Grading (.75% const. est.) -$1,834.68 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ n/a e) Drainage, Paving, Grading(2.25 %const.est.) -$5,504.04 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 "Mandalay Place" for recording with the following stipulations: 1. Approve the amount of $439,896.74 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No. 16A5 y November 28. 2006 Page 3 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15.45 Item Summary: Recommendation to approve for recording the final plat of Mandalay Place, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performarce security. Meeting Date: 11/28/2005 6:00.00 AM Prepared By John Houidsworth Senior Engineer Date Community Development & Engineering Services 11t1312006 9:1838 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & GOES Engineering Services 11/1312006 9:25 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 1111512006 9:04 AM Environmental Services Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 1111512006 8:54 PM Environmental Services Environmental Services Admin. Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1111612006 10:55 AM Approved By Mark sac "on Budget A.neiyst Date County Manager's Office Office of Management & Budget 1111 612006 12:22 PM Approved By James V. Mudd County Manager Date Eoard of County County Manager's Office 11/1612006 2:41 PM Commissioners L7 O Q O r N O C N v co O CL O 42 CD 0 J z Q < M ag z y° Z g�cw u, y W � a L.v[n °Lnowvaays y0 < e 6 GT La t .Y 8 Hp�` aT5 aT w 4 s u Nna I 'y W a oV1P 03} a z (L c (r 5 $ (L ;Z r � U 1 !_ iaa s3HYI oaoa _ _ a T < I ra+s `U �I �d rn�s of Lon � 7 CL LU F CL cQ Z O' F- U O w U 2 Q� J GC ZI Fj 5` w gx f 3 asN s c ¢ ' - 3XId 11 0 ��, •' �w � u aoaraidvn 0 � avow a°LSSNi ��� xornar° aroa awrv�taodary � 39 aid woa a: mm aavr ox $a g�`p IIII -Ino. ! �Ntlad zo Itw'a �In atloa i- 3L310o –° f a$ =off $i 3g (l1'6" 1lrval wtlV(tll 4.N OI� CL LU F CL cQ Z O' F- U O w U 2 Q� J GC ZI Fj Agenda Item No. 1681 November 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve an amended funding agreement with the South Florida Water Management District for an additional amount of $100,000 for construction of the Gordon River Water Quality Park. OBJECTIVE: To receive approval of the South Florida Water Management District Funding Agreement No. OT050976 -A02 for an additional amount of $100,000 for a total of $850,000 providing funding assistance for the Gordon River Water Quality Park Project. CONSIDERATIONS: The original agreement was approved by the BCC on April 26, 2005. The South Florida Water Management District (SFWMD) offered the Collier County Stormwater Management Department $500,000 to partially fund the Gordon River Water Quality Park Project (Project No. 510185). Amendment number 1 was approved for an additional $250,000. In consideration of the mutual benefits to the SFWMD and Collier County an additional $100,000 is being granted to Collier County for a total revised contract amount of $850,000. The Gordon River Quality Park Project will help attenuate flooding by reducing peak flows and duration resulting from storm events in the Gordon River Basin while improving water quality, wetland habitat, and groundwater recharge. The project also will provide an area for passive recreation and natural resource appreciation. The Park design is intended to address both existing and projected stormwater conditions. The project shall maximize the public's participation in all phases of the ' project developing a system which promotes environmental protection and provides recreational opportunities. The project shall not adversely impact jurisdictional wetlands and must be completed within three years of execution of the subject SFWMD agreement. FISCAL IMPACT: The total proposed revenue from the funding agreement is $850,000. The matching funds are available in the FY 07 CIP Fund 325, Project 510185. A budget amendment is needed to recognize $100,000 and appropriate funds within project 510185. GROWTH MANAGEMENT IMPACT: The Gordon River Water Quality Park is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan. RECOMMENDATION: Approve the attached South Florida Water Management District Funding Agreement No. OT050976 -A02 for an additional amount of $100,000 for partial funding of the Gordon River Water Quality Park Project (P/N 510185) and to direct the Board Chairman to execute the agreement and approve the necessary budget amendment. Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Department Attachment: Agreement Agenda Item No. 1681 November 28, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1621 Item Summary: Recommendation to approve an amended funding agreement with the South Florida Water Management Distract for an additional amount of $100,000.00 for construction of the Gordon Raver Water Civallty Park. Meeting Date: 1112(:12006 3 00.00 AM Approved By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 11161200610:02AM Approved By Thomas Palmer Assistant County Attorney Date County Attorney County Attorney Office 111612006 12:11 PM Approved By Margaret A. Bishop Project Manager Date Transportation Services Storma,ater Management IVW2066 4.36 PM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transportations Services 1 11712000 7:12 AM Construction Management Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 1115}2006 1:26 PM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin 111901106 4:04 PM Approved By Sharon Nev ✓man Accounting Supervisor Date Transportafion Services Transportation Services Admin 11 /9d2DX 5;48 PM Approved By Norm E. Feder, AICP Tr r speriatiou Division Administrator Date Tra nsnartaticn Services 7ransportat!on Services Admin. 11114!201,5 9:C2 AM Approved By Pat Lellnhard Executive Secretary Date Transpo- tation Senores Transportiucn Services 4dmin '!1!14120661C::7 AV, Approved By OhiB Coordinator Applications Analyst Date Administrative Services Ir,formation Te,d— egy 1111512086 9:44 AM Approved By Susan Usher Senior Riau agearert!Bnd get Analyst Date County Vanage's Office Office of Management 9 Budget 11117,2006 12:50 "M Approved By James V. kludd County Manager Date Board cf County County Manager's Office 1111712006 2:55 PM Commissioners V r7� 8 200 1n06 1 OR '�, �l age 3 of 6 SOUTH FLORIDA WATER MANAGEMENT DISTRICT A AMENDMENT OT050976 -A02 SAP# 3600000933 AMENDMENT NO. 2 TO CONTRACT NO. OT050976 / SAP 3600000933 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This AMENDMENT NO. 2, entered into on to that CONTRACT dated May 31. ?003. between "the Parties," the South Florida Water hlana2ement District (DISTRICT), and Collier County (COUNTY). XVITNESSETH THAT: WHEREAS. the CONTRACT may be amended with the prior written approval of the parties: and WHEREAS. the parties wish to amend the CONTRACT in order to increase funding. and modify the Payment and Deliverables Schedule of the CONTRACT: NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benerits flo«ving from each to the other, do hereby agree as follows: I . The monetary consideration for the CONTRACT is hereby increased by an amount not - to- exceed One Hundred Thousand Dollars (S100.000.00), for a total revised C'ONTRAur amount not -to- exceed Eiaht Hundred Fifty Thousand Dolla,s (S850,000.00). 2. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "D2 ', attached hereto and made a part of this AMENDMENT NO. 2. 3. This AAZEND 1IENT 1\t0? shall be effective upon the date of execution by the partics. 4. Alt other terms and conditions of the CONTRACT, as amended. remain unchanLed. Amendment 1o.:' to Contract No OT050C -6 SAP 3h00000433 -- Paec I of''_ Agenda Item No. 16B1 November 28, 2006 Page 4 of 6 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 2 on the date first written above. SM AID mocA )2 NIENTAPPRC)� 1 - By: Date: zZ 4 F-M " 141�4(lAojlq SOUTH FLORIDA WATER MANAGEMENT DISTRICT In Frank Hayden, Procurement Director COLLIER COUNTY. By: FRANK HALAS Title: CHAI MAN Amendment No. 2 to Contract No &F(150976 SAP 33600000933 -- Page 2 ol'2 Agenda Item No. 16B1 November 28, 2006 Page 5 of 6 EXHIBIT `ADZ" PAYMENT AND DELIVERABLES SCHEDULE A summary deliverable and payment schedule associated with this project is set forth below. Specific deliverables associated with each task are in the summary table below. Due dates for all deliverables are set forth below. All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule `set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit "C" Statement of Work requirements. • Total payment by the District for all activities hereunder shall not exceed the amount of 5850,000.00. The District's cost share amount shall not exceed 50% of the total project cost. Task Deliverables Due bate *n District -Not= (Frans aanerdmerio Exceed' execution/)'; :' ` .. Payrieut' Task 1: Notice -to- Proceed with Desiun Complete $50.000 Design /Permitting 60° Design Plans Complete 51 00,000 100°o DesiQi Plans and 1 rnonth $150,000 I Permits Task 2: Construction Notice -to- Proceed with 4 rnionths $50.000 � Ridding �3: Construction Task Construction { 509,o Completion Certification 10 months 5500.000 (note 1 ) Construction Substantial 116 months n/a Corn letion Certification i !Task 4: Final better Final Lettcr Report with i 8 months nia Report Certificate of Completion NOT -TO- EXCEED PROJECT TOTAL 5850.000 * All dates are referenced from the date of execution of this amendment and are estimated. * * The District shall only be obligated to pay for documented actual expenditures �v-i hin the sot- to- exceed amounts specified above. In tho event actual expenditures by the County are less than the not -to- exceed for a particular task, the County shall have the right to apply the unexpended balance towards a subsequent task. The County shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed 5550.000 as specified above for this agreement. The County is responsible for any additional funds either through local revenues. grants, other appropriations. and/or other funding sources. Note 1: Pay requests for construction inay be submitted quarterly. Pa le I of t, Exhibit `L)-... ,1,T:ermen:No. OT0509 "6- VC SLY 3600000933 Agenda Item No. 16131 November 28, 2006 Page 6 of 6 EXHIBIT "D2" PAYMENT AND DELIVERABLES SCHEDULE • A summary deliverable and payment schedule associated with this project is set forth below. Specific deliverables associated with each task are in the summary table below. Due dates for all deliverables are set forth below. All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with Exhibit ``C" Statement of Rork requirements. • Total payment by the District for all activities hereunder shall not exceed the amount of $850,000.00. The District's cost share amount shall not exceed 50% of the total project cost. Tasl. I I7iierables D I?ue °D�s#nctNt= (Frotx ax�.endam�nt � �� �eecl _ ( execiiitc�n� a aymenv! *° Task I: N Notice -to- Proceed with Design I C Complete 5 550.000 Design/Permitting 601ro Design Plans C Complete S S100.000 100% Design Plans and 1 1 month S S150,000 Permits Task 2: Construction N Notice-to- Proceed with 4 4 months S S50,000 I Biddin:: C Construction Task 3: Construction 5 50' /o Completion Certification 1 10 months S S500.000 Construction Substantial 1 16 months n nia (note I) C Completion Certification Task 4: Final Letter! F Final Letter Report with 1 18 months n n, 'a Deport C Certificate of Completion NOT -TO- EXCEED PROJECT TOTAL $ $850.000 All dates are referenced from the date of execution of this amendment and are estimated. ** The District shall only be obligated to pay for documented actual expenditures within the not - to- exceed amounts specified above. In the event actual expenditures by the County are less than the not -to- exceed for a particular task, the County shall have the right to apply the unexpended balance towards a subsequent task. The County shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $850.000 as specified above for this agreement. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. Note 1: Pay requests for construction may be submitted quarterly. Page 1 of 1, Exhibit "D2 ", Agreement No. 0T0509 76 -A02 SAP 3600000933 Agenda Item No. 16132 November 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to award Bid No. 07 -4060 to Quality Enterprises USA, Inc. for construction of the Fourteenth Street Outfall Improvement Project, Project Number 510059 in the amount of $482,895.18. OBJECTIVE: To receive Board approval to award a contract to proceed with the Fourteenth Street Outfall Improvement for $482,895.18 as per plans and specifications to the lowest bidder, Quality Enterprises USA, Inc. CONSIDERATIONS: The bid was advertised on September 29, 2006 in the Naples Daily Neves and notices were sent to 243 vendors. On October 31, 2006, three (3) bids were received and reviewed by the Stormwater Management Department in conjunction with the Purchasing Department. Responses were received from the following firms: Douglas N. Higgins, Inc., Quality Enterprises USA, Inc., Alliance Steel Construction, Inc. The project is located on 14th Street, just west of Goodlette -Frank Road between Cypress Woods Drive and Cooper Drive, in Section 22, Township 49 South, Range 25 East, in Collier County, Florida. For several years the Stormwater Management Department of the Transportation Services Division has received flooding complaints in the neighborhood. The actual drainage system is inadequate to convey stormwater runoff from the residential developments in this area to the Goodlette -Frank Road roadside ditch, resulting in flooding and hazardous conditions. The proposed system will address different neglected critical areas, and replace all collapsed and/or undersized pipes with properly sized concrete pipes. These improvements will facilitate the stormwater conveyance, increase the water quality and reduce the chronic flooding affecting the area. Staff has reviewed the bids received and recommends awarding the construction contract to Quality Enterprises USA, Inc. as the lowest, qualified and responsive bidder. FISCAL IMPACT: Funding in the amount of $387,531.67 is available in Fund 325 Fourteenth Street Outfall Improvements Program (510059). To provide funding for construction, a Budget Amendment is needed to transfer $ 175,000 from project number 511401, County Wide Storm Sewer Improvements, into Fund 325 Fourteenth Street Outfall Improvements Program (510059). The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid No. 07 -4060 to Quality Enterprises, USA, Inc.; authorize the Board Chairman to execute a standard, County Attorney approved contract with Quality Enterprises USA, Inc.; and approve any necessary budget -^ amendments. Agenda Item No. 16?2 November 28, 2006 Page 2 of 7 Prepared By: Gianfranco Nicolaci, Project Manager, Transportation Services Division, Stormwater Management Department Attachments: (1) Project Location Map; (2) Bid Tab Agenda Item No. 1682 November 28, 2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1532 Item Summary: Recemmencation to award Bid No 07 -4060 to Quality Enterprises USA. Inc for construction of the Fourteenth Street Outfall Improvement Project. Project Number 510059 in the amount of 5482,895.18. Meeting Date: 11,1261200E 9 00.00 AM Prepared By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 11!72006 11:24:Sl AM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 111712006 2:28 PM Approved By Gerald Kurtz Senior Engineer Date Transportation Services Stormwater Management 111812006 5:14 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1119!2006 10:13 AM Approved By Eugene Calvert Principal Project Manager Date Transportation Engineering and Transortations Services p 1119/2006 1:05 PM Constructior Management Approved By Lisa Hendrickson Senior Planner Date Transportation Services Alternative Transportation Modes 1 11:03 AM Approved By Steve Carrell Purchasingl3eneral Svcs Director Date Administrative Services Purchasing 11113!2006 3:01 PM Approved By Sharon Newman Accormtmg Supervisor Date Transportation Services Transportation Services Admin 1111412006 10:57 AM Approved By Pat Lchnhard Executivc Secretary Date Transportation Services Transportation Ad iin 1111412006 3 43 PM .Approved By Ofi1B Coordinator Applications Analyst Dare Administrative Services Inromtation Technology I b'1512936 9.45 AM Approved By Susan Usher Senior Wi�anagementlBudget Analyst Date County Manager's Office Office of Management 8 Budget 1107 :2006 3:59 PM Approved By James V. Mudd County Vi nager Date board of County Commissioners County Manager's Office 1,1(l W2006 4:52 PM COLLIER COUNTY November 28. 2000 Page 4 of 7 BOARD OF COUNTY COMMISSIONERS P R 0) F CTN-o.- -,' 1 ()-() ,7 FOURTEENTH STREET OUTFALL IMPROVEMENTS PROJECT LOCATION MAP I PROPOSED BY: SECTION: 22 i COLLIER COUNTY BOARD OF COU !Nl-YCON,I%,IISSI0',N'ERs i STORMWATER MANAGEMENT DEPARTMFNT TOV�NSHIP: 49 S '88; SOUTH ll0P,-,,FSH0F DR]\ F. NAPLES. Fl ()RlT)A,41,)4 RANGE: 25 E 0 250 500 ]PROJECT MANAGER: GIANFRANCO NICOLACI DATE: NOVEMBEP Feet 1 Z,2005 I I TRAIL--TERRACE DR- S P E R L I N G C T --SPERL ING---A VE­ --- 7- Z Z AVE 41 uj CYPRESS WOODS DR uj -j --HOLLYGATE L LN N 0 C) Q) FRANK WHITEMAN _BLVD ct COOPER DR Z ILLINOIS DR OHIO DR WISCONSIN DR HIGH POINT CIR HIGH-POINT D DR 'EXHIBIT No. PROPOSED BY: SECTION: 22 i COLLIER COUNTY BOARD OF COU !Nl-YCON,I%,IISSI0',N'ERs i STORMWATER MANAGEMENT DEPARTMFNT TOV�NSHIP: 49 S '88; SOUTH ll0P,-,,FSH0F DR]\ F. NAPLES. 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D IV CV to m 0 ID C) (m rM CD Cl) I N Agenda Item No. 1683 November 28, 2006 EXECUTIVE SUMMARY Page 1 of 24 Recommendation that the Board of County Commissioners approve a Florida Department of Transportation Local Agency Program ( "LAP ") Agreement for receipt of federal dollars for lighting at Bayshore Drive Bridge and for a Resolution authorizing the Board's Chairman to execute the LAP Agreement. OBJECTIVE: To obtain Board of County Commissioners authorization for its Chair to enter into a Local Agency Program (LAP) Agreement with the Florida Department of Transportation for receipt of Federal dollars for Lighting at Bayshore Drive Bridge. CONSIDERATIONS: The Florida Department of Transportation (FDOT) Five year Work Program contains Federal Enhancement Program dollars totaling $200,000 for lighting at the Bayshore Drive Bridge. MPO /County staff requests that the $200,000 program allocation be earmarked for lighting at the Bayshore Drive Bridge. The Bayshore Municipal Services Taxing Unit (MSTU) is committing to maintain this project. In order for local governments to receive Federal dollars through the Florida Department of Transportation, they must enter into a Local Agency Program (LAP) Agreement with FDOT. Collier MPO is not eligible to enter into a LAP Agreement and has asked that Collier County enter into such on its behalf. Contained within FDOT's five -year Work Program is design funding totaling $50,000 earmarked in FY 2006/2007; while construction funding in the amount of $150,000 is available in FY 2007/2008. FISCAL IMPACT: Funds in the amount of $200,000 are available for this project in Bayshore MSTU (Fund 163, Project 162525). Upon completion of this project FDOT will reimburse the Bayshore MSTU up to $50,000 for design and $150,000 for construction costs as per the current LAP Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Based on the action taken at the MPO Board Meeting, staff recommends that the Board of County Commissioners authorize its Chairman to enter into the attached LAP Agreement with the Florida Department of Transportation for the receipt of $200,000 for Lighting at the Bayshore Drive Bridge and that the Board approve a Resolution authorizing the Board's Chairman to execute the LAP Agreement. Prepared By: Darryl Richard, Project Manager Attachments: (1) Project Location Map; (2) Resolution; (3) LAP Agreement FPN 412559 -1 Agenda Item No. 16B3 November 28, 2006 Page 2 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1663 Item Summary: Recommendation that the Board of County Commissioners approve a Florida Department of Transportation Local Agency Program (LAP) Agreement for receipt of federal dollars for lighting at Bayshoie Drive Bridge and for a Resolution authorizing the Board's Chairman to execute the LAP Agreement. ($200K) Meeting Date: 11/28/200C 9.00.00 AM Prepared By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 1119/2006 10:05:36 AM Approved By Darryl Richard Project Manager Date Transportation Services Alternative Transportation Modes 1119/2006 10:06 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 11/912006 4:11 PM Approved By Kay Luongo Grants Coordinator Date Transportation Services Transportation Admin 111912006 4:23 PM Approved By Rhonda Rembert Contract Specialist Date Administrative Services Purchasing 11/9/2006 5:34 PM Approved By Steve Cornell Purchasing /General Svcs Director Date .�+. Administrative Services Purchasing 11/10/2006 9:33 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11114/2006 9:07 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 11/14/2006 9:36 AM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 11/1512006 12:48 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1111512006 2:45 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/16/2006 10:49 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11/20/20068:50 AM Approved By James V, Mudd County Manager Date Board of County Commissioners County Manager's Office 11/20/2006 11:02 AM Agenda Item No. 16B3 RESOLUTION NO- November 28, 2006 Page 3 of 24 RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING IS CHAIRMAN TO ENTER INTO LOCAL AGENCY PROGRAM (LAP) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RECEIPT OF FEDERAL DOLLARS LIGHTING AT BAYSHORE DRIVE BRIDGE WHEREAS, the Florida Department of Transportation has programmed $200,000 in its Five -Year Work Program for Lighting at Bayshore Drive Bridge. WHEREAS, $50,000 is programmed for the design of these enhancements in FY 2006/07 and $150,000 is programmed for construction in FY 2007/08; and WHEREAS, Bayshore Drive Municipal Services Taxing Unit (MSTU) request that the Lighting enhancements of Bayshore Drive Bridge be performed under Local Agency Agreement. WHEREAS, Bayshore Drive Municipal Services Taxing Unit (MSTU) agrees to the continuing maintenance of all installations as per this agreement. WHEREAS, the $200,000 dollars programmed are from Federal Transportation Enhancement Program funds; and WHEREAS, agencies receiving Federal dollars through the Florida Department of Transportation (FDOT) must enter into a Local Agency Program (LAP) agreement with FDOT to receive those funds; and WHEREAS, the Collier MPO is not eligible to enter into a LAP agreement and has requested that the Collier County Board of County Commissioners enter into such an agreement on its behalf. NOW, THEREFORE BE IT RESOLVED by the Collier County Board of County Commissioners, that it authorizes its Chairman to enter into a LAP agreement with the Florida Department of Transportation to receive $200,000 for Lighting at Bayshore Drive Bridge and that the Chairman is authorized to act on its behalf on other actions that are necessary to ensure receipt of these funds. Passed in open and regular session of the Collier County Board of County Commissioners, this day of 2006. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: James V. Mudd, County Manager Commissioner Frank Halas, Chairman Approved as to for Sand legal sufficiency: colt Teach Assistant County Attorney j i W %�� sy r r a..'ti'..� w j"v+lW++¢3i'v;,tr oeraYY iE r rr �� } r • 1 a- Pro ct Limits F, Mir MOM I � v I - yy G urM,9e 4 w 9v: ..�.: lift Agenda Item No. 1663 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 5 of Qaoio -ao LOCAL AGENCY PROGRAM AGREEMENT PROJECT NAGEMENTOFFICE oe,os Pape 1 FPN: 412559 -1 Fund: SE FLAIR Approp: Federal No: 8887 273 A Org Code: 55014010106 FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:03 Contract No: Vendor No: F 596000558102 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 County Board of Conty Commissioners 3301 East Tamiami Trail, Naples, Florida 34112 hereinafter called the Agency. WITNESSETH: 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; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree a follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in lighting and as further described in Exhibit "A" 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 terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A, B, 1, L and RL 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 performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31, 2008. 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, notil or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement ol to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. Agenda Item No. 16133 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Pa(�e 6 of 5_2W10-40 LOCAL AGENCY PROGRAM AGREEMENT PROrECTM1KNACEMEI OFFICE oem ros Page 2 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 $ 200.000.00. 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 Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(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 Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to- Proceed: No cost may be incurred under this 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.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid Agenda Item No. 1683 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 7 ofsblo10 -40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT oe/06 Page 3 on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 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 Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on th 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 costs 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, Florida 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 OMB 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 FDOT's Office of Inspector General (OIG), 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 Agenda Item No. 16B3 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 8 of OO i o4 LOCAL AGENCY PROGRAM AGREEMENT PROJECT NT oeoE Page 4 defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 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 OMB 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 OMB 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 OMB 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 OMB 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 (i.e., 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 11 - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), 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 - speck audit for such fiscal year in accordance with Section 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 11, 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 Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, 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 (i.e., 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 ill - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. ^. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit 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 Agenda Item No. 16B3 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 9 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08106 Page 5 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: Copies of financial reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): 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 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), 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, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB 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. Copies 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 Agenda Item No. 16133 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 10 ofaA,o_ao LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 06!08 Page 6 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 OMB 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 available 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 cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right - of -way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, 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 Operations Manual, Topic 350 - 030 -400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. Agenda Item No. 16133 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Pae 11 of N -0lo.4o LOCAL AGENCY PROGRAM AGREEMENT PROJECT-MANAGEMENT OFFICE 08/06 Page , 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any .document 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 that 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. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects cost, incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after thL expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" 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 Final Invoices: The Agency must submit the final invoice 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 final termination or suspensioc, notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which Agenda Item No. 16133 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 12 Of 52�,10,0 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 6 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 furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds; including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent 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 (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state 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 contractors 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 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 pay or other forms of compensation; and selection for training, including apprenticeship. The 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 all the requirements imposed by Title VI of the Agenda Item No. 1683 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Paqe 13 of**1040 LOCAL AGENCY PROGRAM AGREEMENT PROJECTKI4NAGEMENTDFFICE osros Page 9 Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, 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 entity 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 repai. 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 th6 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 th Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicabl, permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any Agenda Item No. 1683 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Paa� 14 � 10.40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTiJWNAGE FFICE os/Os 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 prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 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 soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents, and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of 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 similar 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 forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this 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 these 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 closeout, 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. Agenda Item No. 1683 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Pap 15 Of b olaao LOCAL AGENCY PROGRAM AGREEMENT PROJEC NAGEMENTOFFICE 08*6 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 subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or 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 ® will ❑ will not maintain the improvements made for their useful life. 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 services 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 services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $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 a 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. Agenda Item No. 16133 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Paae 16 of 1040 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Bv: By: Name: Title: BoCC Chair or Designee Attest: Title: Clerk As to form: Attorney Name: Michael G. Rippe Title: Director of Transportation Development Attest: Title: Executive Secretary As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Agenda Item No. 16133 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION P�N1v� �szD� DAD LOCAL AGENCY PROGRAM AGREEMENT PROJEC A E NTOFFICE D8106 Pagel3 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 412559 -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 project 7 is 0 is not on the National Highway System. The project n is 0 is not on the State Highway System. PROJECT DESCRIPTION: The project will encompass installation of lighting for Bayshore Bridge and incidental landscape and irrigation improvements to include pavers. Lighting components will be those recommended for improved safety and aesthetic quality. Landscape and irrigation improvements will be secondary to lighting improvements as incidental landscaping for aesthetic improvements. Pavement improvements will be those recommended for aesthetic quality. 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 -of -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) Design to be completed by-June 29, 2007. b) Right -of -Way to be certified by June 29. 2007. c) Construction contract to be let by September 28. 2007. d) Construction to be completed by June 30, 2008. 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 FDOT 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. STATE OF FLORIDA DEPARTI ENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES For all projects the following will apply: (a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" (b) FDOT. "Project Development and Environmental Manual," where applicable (c) The Local Agency Program Manual Agenda Item No. 1683 November 28, 2006 Paae 18 Of 1D-40 PROJECT hIWNAGEMENT OFFICE 08106 Page 14 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 design and 07/08 for construction). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: Collier County 412559 -1 Finance Department 2671 Airport Pulling Road Naples, Florida 34112 PROJECT DESCRIPTION Name: Lighting Length: Termini: 300 feet north of the bridge to 300 feet south of the bridae Agenda Item No. 1683 November 28, 2006 -0E- PROJECWA&2f � F10CE 0 08/06 Page 15 TYPE OF WORK B Fiscal Year Y FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE $ FEDERAL FUNDS Planning 2006 -2007 2007 -2008 2008 -2009 Total Planning Cost Project Development & Environment (PD&E) 2006 -2007 2007 -2008 2008 -2009 Total PD &E Cost Design 2006 -2007 2007 -2008 2008 -2009 Total Design Cost 50,000.00 50.000.00 50,000.00 50,000.00 Right -of -Way 2006 -2007 2007 -2008 2008 -2009 Total Right-of-Way Cost Construction 2006 -2007 2007 -2008 2008 -2009 2009 -2010 Total Construction Cost 150,000.00 150.000.00 150,000.00 150,000.00 Construction Engineering and Inspection (CEI) 2006 -2007 2007 -2008 2008 -2009 Total CEI Cost Total Construction and CEI Costs 150,000.00 150,000.00 TOTAL COST OF THE PROJECT 200,000.00 200,000.00 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 Department will notify the Agency, in writing, when funds are available. Currently, funds are available for the Preliminary Engineering activities only. A Written Notice To Proceed will be issued t the Agency when additional funds become available for additional phases. The Agency must notify the Department upon project completion and prior to invoicing the Department for reimbursement. Agenda Item No. 16133 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 20 of lo+io LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENrOFFICE osros Page 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: $ 200,000.0 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 of 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 (State 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 specified 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 (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA 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 Statutes, and Title 23 and Title 49, C.F.R. Agenda Item No. 1683 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Page 21 ofs 4oi"o LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENTOFFlCE oaros Page 17 EXHIBIT "RL" ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non - performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 4. Force Majeure Agenda Item No. 1683 November 28, 2006 Page 22 of ?z�0,0ao PROJECT MANAGEMENT OFFICE 08106 Page 18 Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the Department has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.14 is expanded by the following: The Department and the Agency agree as follows: Agenda Item No. 1683 November 28, 2006 Page 23 ofsb4oio -4o PROJECT MANAGEMENT OFFICE 08/06 Page 19 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and /or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and /or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or Agenda Item No. 1683 November 28, 2006 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Pa e af1D ao LOCAL AGENCY PROGRAM AGREEMENT PROTECT EME OFFICE 08106 Page 20 EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60- calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Michelle S. Peronto 801 North Broadway Avenue Bartow. Florida 33830 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Darryl Richard 2885 Horseshoe Drive South Naples, Florida 34104 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. Agenda Item No. 16134 November 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to authorize the expenditure of $54,860 from the Federal Transit Administration (FTA) FY07 5307 grant for the purchase of a Ford Paratransit vehicle from the FY06 Florida Vehicle Procurement Program and waive the competitive purchase process. OBJECTIVE: To authorize the expenditure of $54,860 from Fund 426 FTA 5307 grant, to waive the competitive purchase process, and to authorize the purchase of a Ford Paratransit vehicle from the FY06 Florida Vehicle Procurement Program. CONSIDERATION: Collier County's Paratransit system maintains a capital replacement schedule for vehicles. The purchase of this vehicle will replace a paratransit vehicle that has approximately 250,000 miles and was recommended for replacement by Fleet Management. Each year for the past nine years, the Florida Vehicle Procurement Program has assisted transit agencies in purchasing transit vehicles in the most economic way possible. This procurement program is managed by the Florida Department of Transporation (FDOT) and administered by the Center for Urban Transportation Research (CUTR). For Fiscal Year 2007, FDOT approved the purchase of a fleet of Chevrolet vehicles that meet State Specifications. FDOT previously approved Ford vehicles. The vehicle Collier Area Transit is requesting to purchase was built prior to the FDOT change -over to Chevrolet chassis and is a stock 2006 FORD FDOT spec. This vehicle meets all the current FDOT Specifications. This vehicle is priced at last years prices with a price tag of $54,860, which is a savings of approximately $5,000 over purchasing a Chevrolet vehicle at FY 2007 prices. Collier County has the opportunity to purchase a vehicle that meets all of FDOT's specs at a price that saves the County money and therefore staff recommends approval of a waiver of the competitive purchase process and the authorization of the expenditure of $54,860 from the FTA FY07 5307 grant for the purchase of a paratransit vehicle from the FY06 Florida Vehicle Procurement Program Contract # FVPP- 03 -SC -1. FISCAL IMPACT: The Federal Transit Administration (FTA) FY07 5307 grant in Fund 426 will fund the purchase of the vehicle in the amount of $54,860. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of Commissioners approve a waiver of the competitive purchase process and authorize the purchase of a Ford Paratransit vehicle from the FY 06 Florida Vehicle Procurement Program. Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes Agenda Item No. 1684 November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1684 Item Summary: Recommendation to authorize the expenditure of $54,860 from the Federal Transit Administration (FTA) FY07 5307 grant for the purchase of a Ford Paratransft vehicle from the FY06 Florida Vehicle Procurement Program and waive the competitive purchase process. Meeting Date: 11126/2006 9'00.00 AM Prepared By Sue Faulkner Principal Planner Date Transportation Services Alternative Transportation Modes 11/9/2006 9:35:02 AM Approved By Diane B. Flagg Director ATM Director Date Transportation Services Alternative Transportation Modes 1119/2006 4:05 PM Approved By Barbara LaPlerre ManagemenVBudget Analyst Date Transportation Services Traffic Operations 1119/2006 4:19 PM Approved By Sue Faulkner Principal Planner Date Transportation Services Alternative Transportation Modes 11/1312006 1:12 PM Approved By Brenda Brilhart Purchasing Agent Date Administrative Services Purchasing 11/1412006 9:51 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 111141200E 10:11 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1111412006 3:08 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services- Purchasing 11!14/2006 3:34 PhA Approved By Steve Carrell Purchasing /General Svcs Director Date Administrative Services Purchasing 11/1512006 9:08 AM Approved By Kay Luongd Grants Coordinator Date Transportation Services Transportation Admin 1111512006 9:33 AM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 11115/2006 11:37 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 1111512006 2:46 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116/2006 10:50 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 11116/2006 11:11 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1111712006 11:58 AM Agenda Item No. 1685 November 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Approve a Budget Amendment recognizing an additional $195.00 in Transportation Disadvantaged (Fund 427) Trip and Equipment Grant Funding for Fiscal Year 2007. OBJECTIVE: Request that the Board of County Commissioners approve a Budget Amendment recognizing an additional $195.00 in Transportation Disadvantaged (Fund 427) Trip and Equipment Grant Funding for Fiscal Year 2007. CONSIDERATIONS: On June 6, 2006, the Board of County Commissioners approved a resolution (Agenda Item 16B7) which directed staff to file for Trip and Equipment Grant funding through the Florida Commission for the Transportation Disadvantaged (CTD). This application for funding requested $594,308 from the CTD. The approved CTD grant award was $195.00 higher than the original grant request. This positive differential will require a budget amendment to align the available grant revenue and corresponding expense budgets. In order to avoid the necessity of processing an ES when a positive or negative grant award variance is determined, all future executive summaries connected with transportation related grant applications (each separate grant application) will contain informative and procedural language requesting that latitude be given to recognize by budget amendment actual grant revenue received currently or as may be adjusted in the future and that expense budgets be aligned accordingly. FISCAL IMPACT: Approval of this Fiscal Year 2007 budget amendment will recognize additional Trip and Equipment Grant revenue and align budgeted expenses with the actual revenue received. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This matter was not reviewed by the Office of the County Attorney. RECOMMENDATION: It is recommended that the Board of County Commissioners approve a budget amendment recognizing $195.00 in additional Trip and Equipment Grant revenue. Prepared by: Sharon Newman, Operations Manager, Transportation Services Division Agenda Item No. 16B5 November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B5 Item Summary: Approve a Budget Amendment recognizing an additional $195.00 in Transportation Disadvantaged (Fund 427) Trip and Equipment Grant Funding for Fiscal Year 2007. Meeting Date: 11/28/200G 9:00 -.00 ,AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11/1712006 2:00 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 11/17/2006 5:59 PM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 11120/2006 8:59 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11;2012006 10:49 AM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 111201200611:14 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11V2012006 11:51 AM Commissioners Agenda Item No. 16C1 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve the Satisfaction for a certain Water and /or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien. OBJECTIVE: Recommendation that the Board acknowledges full payment, and executes a Satisfaction for the Agreement To Extend Installment Payment of Water and/or Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as Ex- Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and /or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of this agreement have been made. The County Attorney's Office has reviewed and approved the satisfaction. FISCAL IMPACT: Satisfaction of this agreement has increased the cash flow in the sewer impact fee (Fund 413) by $2,645.00. The fiscal impact for recording the Satisfaction of Lien is approximately $10.00, which is to be charged to (Fund 408) the County Water/ Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this agreement and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. .0— Agenda Item No. 16C1 November 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C1 Item Summary: Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien. Meeting Date: 11/28!2006 9:00.00 AM Prepared By Pam Caliis Revenue Supervisor Date Public Utilities UBCS 11/1/2006 12:25:11 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1111/2006 3:07 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 11/112006 5:19 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 111212006 7:24 AM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1112/2006 12:58 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 11/1412006 2:37 PM w Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1111512006 2:01 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116/2006 10:40 AM Approved By Randy Greenwald Management!Budget Analyst Date County Manager's Office Office of Management S Budget 1111612006 11:54 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11116;2006 12:28 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1111612006 2:06 PM Commissioners Agenda item No. 16C1 November 28, 2006 Page 3 of 4 EXHIBIT "A" 1. Norman L. Platt, Jr., a married person, securing the principal balance of two thousand six hundred forty five dollars and no cents ($2,645.00). Folio #65670840004. Agenda Item No. 16C1 November 28, 2006 Page 4 of 4 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND /OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Norman L. Platt, Jr., a married person Whose mailing address is 669 Pine Cone Lane Naples, FI 34104 Bearing the date of the 5" day of June 2003, recorded in Official Record Book 3308 Page(s) 0640, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Six Hundred Forty Five Dollars and No Cents ($2,645.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK 2, PALM SPRINGS ESTATES, UNIT 1, IN ACCORDANCE WITH AND SUBJECT TO THE PLAT RECORDED IN PLAT BOOK 8, PAGE 22, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 65670840004 Collier County, a political subdivision of the State of Florida, and the Collier County Water -Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex- Officio the Governing Board of the Collier County Water -Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of , 2006. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT FRANK HALAS, CHAIRMAN Agenda Item No. 1602 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94 -668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94 -668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides that a Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1992 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommend the Board of County Commissioners, Ex- Officio the Governing Board of the County Water -Sewer District, adopt the attached Resolution approving the one Satisfaction of Lien on the account listed in the Resolution and authorizing the Chairman to sign this one Satisfaction of Lien for the 1992 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No. 16C2 November 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 Item Summary: Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20 00 to record the Satisfaction of Lien. Meeting Date: 11128/2006 9.00.00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 11/112008 1:46:52 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 1111/2006 9:05 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 11/1/2006 5:19 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 111212006 7:25 AM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1112!2006 12:56 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1111412006 2:18 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utitities Public Utilities Administration 11/15/2006 2:02 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1111 612006 10A1 AM Approved By Randy Greenwald ManagemenVBudget Analyst Date County Manager's Office Office of Management & Budget 1 L'17120064:21 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1111N2006 4:36 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11/17/2006 4:56 PM Commissioners RESOLUTION NO. 2006 - Agenda Item No. 16C2 November 28, 2006 Page 3 of 4 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 13, 1994 adopted Resolution No. 94 -668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 133003 This Resolution adopted this day of 2006, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK My Approved as to form and legal sufficiency: David C. Weigel County Attorney FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239)774-8400 Agenda Item No. 16C2 November 28, 2006 Page 4 of 4 Property Folio No. 66882600002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: OZUNA, ISRAEL =& LETICIA 308 S 8T" ST IMMOKALEE FL 339340000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BILK D LOT 7 OR 1250 PG 1565 Folio No. 66882600002 PROJECT NO. 61000 Account No. 133003 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C3 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94 -694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94 -694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides that a Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1993 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1993 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Agenda Item No. 16C3 November 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1603 Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste Item Summary: residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment Fiscal impact is $20.00 to record the Satisfaction of Lien. Meeting Date: 11/28/2006 9:00.00 ,AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1111 !2006 2:28:25 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 11/112006 3:05 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 1111/2006 5:20 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 111212006 7:25 AM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 1102006 12:59 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1111412006 2:38 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11/15/2006 2:03 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116/2006 10:42 AM Approved By Randy Greenwald ManagementlBudget Analyst Date County Managers Office Office of Management & Budget 1111612006 3:18 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1111612006 4:00 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11/1612006 4:16 PM Commissioners Agenda Item No. 16C3 November 28, 2006 RESOLUTION NO. 2006- Page 3 of 4 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94 -694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County Account No. 26152 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of 2006, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C3 November 28, 2006 Page 4 of 4 Property Folio No. 66882600002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: OZUNA, ISRAEL =& LETICIA 308S8 TH ST IMMOKALEE FL 339340000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK D LOT 7 OR 1250 PG 1565 Folio No. 66882600002 Project No. 63000 Account No. 26152 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this — day of , 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney r Agenda Item No. 16C4 November 28, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That Board of County Commissioners adopts the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Agenda Item No. 16C4 November 28, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C4 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste Item Summary: residential accounts wherein the County ties received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is 530.00 to record the Satisfactions of Lier.. Meeting Date: 11/2812006 9:00:00 AM Prepared By Pam Callis Revenue Supervisor Date UBCS 1111/2006 2:51:12 PM Public Utilities Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 11/112006 3:D4 PM Approved By John A. Yonkosky Utility Billing Director Date Public Utilities UBCS 11/112006 5:20 PM Approved By Teresa Riesen Revenue Manager Date Public Utilities UBCS 1112/2006 7:25 AM Approved By Pam Callis Revenue Supervisor Date Public Utilities UBCS 11/212006 12:59 PM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 1111412006 2:38 PM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1 V1512006 2:03 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1111612006 10:42 AM Approved By Randy Greenwald Management/Budget Analyst Date County Managers Office Office of Management & Budget 11/16/2006 3:19 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111612064:06 PM Approved By James V. Mudd County Manager Date Board of County ' County Managers Office 11116/2006 4:20 PM Commissioners Agenda item No. 16C4 November 28, 2006 RESOLUTION NO. 2006- Page 3 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 14368 26152 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2006, after motion, BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Agenda Item No. 16C4 November 28, 2006 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 39205581007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BENDER, TODD G 97514 TH ST SE Naples, FL 341179403 The Lien was recorded on the 81h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 48 TR 77, LESS N 45OFT Folio No. 39205581007 Project No. 65000 Account No. 14368 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No. 66882600002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: OZUNA, ISRAEL =& LETICIA 358S8 TH ST IMMOKALEE FL 341424014 The Lien was recorded on the 8`h day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK D LOT 7 OR 1250 PG 1565 Folio No, 66882600002 Project No. 65000 Account No. 26152 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney FRANK HALAS, CHAIRMAN Agenda Item No. 16C4 November 28, 2006 Page 5 of 5 Agenda Item No. 1605 November 28, 2006 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -237 adopted by the Board on August 1, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $30.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the two Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Item Number: Item Summary: Meeting Date: Prepared By Pam Callis Public Utilities Approved By John A. Yonkosky Public Utilities Agenda Item No. 16C5 November 28, 2006 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C5 Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien 1112812006 9:00 00 AM Revenue Supervisor UBCS Utility Billing Director UBCS Date 11/112006 3:20:18 PM Date 11/112000 5:21 PM Approved By Teresa Riesen Revenue Manager Date 11/212006 7:25 AM Public Utilities UBCS Approved By Pam Callis Revenue Supervisor Date 1102006 1:00 PM Public Utilities UBCS Approved By Thomas Wides operations Director Date Public Utilities Public Utilities Operations 11,712006 10:19 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney office 11114/2006 2:30 PM Approved By James W. QeLOny Public Utilities Administrator Date Public Utilities Public Utilities Administration 11115/2006 2:04 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116/2006 10:43 AM Approved By Randy Greenwald ManagomentlBudget Analyst Date County Manager's Office Office of Management 8, Budget I 1 /16/2006 3:20 PM Approved By Michael Smykowski Management 8 Budget Director Date County Manager's Office Office of Management &Budget 1111612006 4:08 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11/1612006 4:22 PM Commissioners Agenda Item No. 16C5 RESOLUTION NO. 2006- November 28, 2006 Page 3 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 2000 -237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90 -30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 15891 28590 This Resolution adopted after this majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2006 after motion, second and BY: BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA FRANK HALAS, CHAIRMAN Agenda Item No. 16C5 November 28, 2006 Page 4 of 5 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 39205581007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BENDER, TODD G 97514 TH ST SE NAPLES FL 341179403 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 48 TR 77, LESS N 45OFT Folio No. 39205581007 Project No. 66000 Account No. 15891 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this _ day of 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Property Folio No: 66882600002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: OZUNA, ISRAEL =& LETICIA 358S 8T" ST IMMOKALEE FL 341424014 The Lien was recorded on the 8T" day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINECREST BLK D LOT 7 OR 1250 PG 1565 Folio No. 66882600002 Project No. 66000 Account No. 28590 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2006. — ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS, CHAIRMAN Agenda Item No. 16C5 November 28, 2006 Page 5 of 5 Agenda Item No. 1606 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to authorize the sole- source purchase of Bioxide, for use by the Wastewater Reclamation Department in the estimated annual amount of $500,000 per year. OBJECTIVE: To obtain Board of County Commissioners approval of the sole - source purchase of Bioxide from Siemens Water Technology for use in the Wastewater Collections Department. CONSIDERATIONS: Siemens Water Technologies, having merged with Altivia, is the sole - source provider of Bioxide in SWFL. The Wastewater Reclamation Department has been using the Bioxide provided by Siemens (formally US Filters) since 1998 and the chemical has been thoroughly proven and tested. The Bioxide produced by Siemens is the only product suitable for the County Wastewater Reclamation Department needs. The purchase of Bioxide from Siemens Water Technology constitutes an implied license to practice the process of "Removal of dissolved Hydrogen Sulfide and Reduction of Sewage BOD in Sewers and other Waste Systems ", as described in United States Patent #Re.36, 651 and #Re.37, 181. FISCAL IMPACT: The actual amount to be expended will depend on consumer demands on Water reclamation systems, but the cost is estimated to be in the annual amount of $500,000. The cost centers that will be utilizing this bid include: South County Regional Water Reclamation Plant, and the North County Regional Water Reclamation Plant. Funds are available in County Water /Sewer Fund (408), which is funded through user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact to the award of this bid. RECOMMENDATIONS: That the Board of County Commissioners, as Ex- officio Governing Board of the Collier County Water -Sewer District, approve the purchase of Bioxide from Siemens Water Technology for a period of five years. PREPARED BY: Steve Nagy — Wastewater Collections Manager Public Utilities Wastewater Department Agenda Item No. 16C6 November 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C6 Item Summary: Recommendation to authorize the sole - source purchase of Bioxide, for use by the Wastewater Reclamation Department in the estimated annual amount of $500,000 per year Meeting Date: 11/28/2006 9:00:00 AM Prepared By Stephen L. Nagy Wastewater Collections Manager Date Public Utilities WasteWater 111312006 2:47:12 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 11!612006 11:07 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 11/1412006 4:09 PM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 1171412006 4:26 PM Approved By Steve Camell Purchasing /General Svcs Director Date Administrative Services Purchasing 11115/2006 9:01 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11115/2006 2:04 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116/2006 10:44 AM Approved By Randy Greenwald ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 11117/2006 8:30 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 111171200£ 8:43 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11117/2006 9:55 AM SIEMENS Siemens Water Technologies 2650 Tallevast Rd., Sarasota, FL 34243 October 30, 2006 Mr. Steve Nagy Collier County 6027 Shirley St. Naples, FL 34109 E -Mail: SteveNagy @colliergov.net RE: BIOXIDE@ SOLE - SOURCE Dear Mr. Nagy: Water Technologies Telephone 1 (941) 355 -2971 Fax 1 (941) 351 -4756 Internet www.usfilter.com Agenda Item No. 16C6 November 28, 2006 Page 3 of 4 Siemens Water Technologies (formerly "USFilter ") is the sole source manufacturer and distributor of BIOXIDE@ in Florida. The purchase of BIOXIDE@ from USFilter constitutes an implied license to practice the process of "Removal of Dissolved Hydrogen Sulfide and Reduction of Sewage BOD in Sewers and Other Waste Systems ", as described in United States Patent #Re. 36,651 and #Re.37,181. Thanks once again for this opportunity. Please call me (941- 928 -0453) with any questions or if I can be of assistance in any way. Sincerely, Siemens Water Technologies Vaughan Yfarshman Vaughan Harshman Sales Representative Cc: Jack Curran, Collier County Purchasing, JohnCurran(a)-colliergov.net Jim Gammell, Collier County, Jim Gammell (a- )colliergov.net David Velasquez, Collier County, DavidVelasguez(a),colliergov.net Vaughn Williams, Collier County, VaughnWilliams @colliergov.net Doug Davis, Siemens Water Technologies SIEMENS Water Technologies Siemens water Tedh22 aotee 2650 Tattevest Rd., _Snrasota. FL 34243 Telephone 1 (941) 355 -2971 Pox 1 (941) 351.4756 Im met YA".usflflar.0m October 19, 2006 Mr. Steve Nagy Collier County 6027 Shirley St. Naples, FL 34109 E -Mail: SteveNagy @col liergov.net RE: BIOXIDE® PRICING Dear Mr. Nagy: Agenda Item No. 16C6 November 28, 2006 Page 4 of 4 Siemens Water Technologies values Collier County's business and we thank you for the opportunity to continue to assist the County in addressing wastewater odor control issues. We are pleased to offer this pricing agreement to be in effect for five years. — Due to market conditions for raw materials and freight we need to adjust our price to $1.80 per gallon for BIOXIDE8 for the coming year. As in the past, in addition to BIOXIDEe, this price includes the use of feed equipment at application points and equipment ropair services on an as needed basis. This price shall remain valid October 1, 2006 thrt >agh September 30, 2007 and shall be subject to annual pricing adjustments for four years thereafter, based on actual cost changes. Please note that the companies formerly known as "USFilter" and "Altivia" are now combined and are known as Siemens Water Technologies. Thanks once again for this opportunity. Please call me (941 - 928 -0453) with any questions or if I can be of assistance in any way. Sincerely, Siemens Water Technologies Vaughan ?-farshman Vaughan Harshman Sales Representative Cc: Jack Curran, Collier County Purchasing, John Curranacollier oq v net Jim Gammell, Collier County, JimGammell@colliergov.net David Velasquez, Collier County, bavidVelasrluez Qcollierooy net Doug Davis, Siemens Water Technologies Agenda Item No. 16C7 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to Authorize Sole Source Purchase of Replacement Pumps, Specified Repair Parts and Materials for Approved Submersible Lift Stations in the estimated annual amount of $700,000. OBJECTIVE: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water -Sewer District, waive the competitive process and authorize the sole source purchase of replacement pumps, warranty related repair parts, and any other parts or materials not available through an after market source for submersible lift stations. CONSIDERATIONS: 1. In August 1992, the Board of County Commissioners initially approved the sole source purchase of Flygt submersible lift station pumps for the County's lift station system. In March 1993 and November 1994, the Board of County Commissioners approved the sole source purchase of repair parts and materials from ITT Flygt Corporation, the only authorized Flygt sales center in the State of Florida. ITT Flygt Corporation has corporate headquarters in Apopka, Florida with satellite facilities in Ft. Myers, Florida, West Palm Beach, Florida, and Savannah, Georgia. 3. With the number of lift stations being maintained ever increasing, (over 700 lift stations with 1,500 Flygt pumps) it is an absolute must that spare pumps, parts and materials in each size be available to ensure no loss of service. 4. Collier County Ordinance 2004 -31, Section 13510, page 2 and paragraph c, requires that pumps be manufactured by Flygt or equivalent. 5. ITT Flygt Corporation is the only authorized Flygt sales center in the State of Florida. Staff has pursued obtaining price quotes from other Flygt suppliers in other states only to discover that the cost of shipping causes them to always be more costly than ITT Flygt quotes. 6. Wastewater Department staff has reviewed this and is recommending that these pumps, parts and materials be declared a sole source purchase. This executive summary has been reviewed by Purchasing and Clerk's Finance. FISCAL IMPACT: Total expenditures are estimated at $700,000 in the upcoming Fiscal Year, and will be funded from the Collier County Water /Sewer Fund 408. As the lift station system ages, the volume of pumps, parts and materials to be purchased will vary greatly from year to year depending on the actual repair /replacement needs. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Water -Sewer District, declare that Flygt lift station pumps, warranty parts and any other parts and materials not available through an after market source are a sole source purchase, waive the competitive process and authorize staff to purchase the necessary pump parts and materials from ITT Flygt Corporation. PREPARED BY: Ron Molly, Wastewater Operations Manager t�At �IFi fi � Agenda Item No. 16C7 November 28, 2006 Page 2 of a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1607 Item Summary: Recommendation to Authorize Sole Source Purchase of Replacement Pumps, Specified Repair Pans and Materials for Approved Submersible Lift Stations in the estimated annual amount of 8700.000. Meeting Date: 1112812006 9:00:00 AM Prepared By Ron Molly Operations Manager Dare Public Utilities Wastewater 11/3/2006 2:52:40 PM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 1116/2006 11:06 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 1119/2006 10:26 AM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 11114120064:07 PM Approved By Steve Carnell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 11/1512006 9:02 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 11/15/2006 2:05 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/16/2006 10:44 AM Approved By Randy Greenwald M,anagementlBudget Analyst Date County Manager's Office Office of Management & Budget 11116/2006 11:59 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/1612006 1:56 PM Approved By Jaynes Y. Mudd County Manager Date Board of County Commissioners County Manager's Office /111612006 2:35 PM I , � � — Agenda Item Np_'F6C7 Y No. 0467 pNcpvember 28, 2006 Mar. ?. 1�10�.39P� i77 F FYG' Page 3 of 4 21 8Wbt FL► 't` Apepkep FL 32703 Tel a f eft440 r-.x gar tne>� March 6, 2046 COLZ M COUr1TY Arm: Aubrey Subject: FLYOT PM©MM – SALES & SERVICE Memo be edviaad the rl-r Fly ! Corporation Is ilia oety authorired voudavr for Mye Products and is tint: only wthorised service repair a" watra>aty ogpwiMi*n in the SWO of Florida, [Hart j-d' die Apahchicais Rive) Their staff is properly trained to pro% ide you the best ftvioe available. Thank you fvr yoatr ir*west in HySt t'toducts and do not he6late to call me if you have any Questions regarding dion-bution or any other matyer. - vim' truly Yowl. ITT FLYOT CORM)RAVOIN Rtc6ard Vlr. Cale, 7f (/AM c "' Myp Products im Aude wbtnersWa pampa, mixers, vslwes, b6atb vde PT06e0. SYMcnse safe hatch access savers, controls aid wail washer. *ITT Industries U 3DVd 996ZB8940P sz,aB 499c l/Nl /Ca 03 Nov 06 09:27a WJRJG£OIWD Cc t. ' 8. 2440 9 : 42A'vi M FLYGT -- 110/17/200d 08:40 PAX E1SF October 17,2W6 Collier County Subject FLYGT PRODUCTS -- SALES & SERVICE Agenda Item No. 16C7 9525410193 November 28 2 of 6 No. 6264 P. l Pagep4'of 4 -r IMP-Pr Myers Q001 /001 !TT Industries rrr s►Yvf 2 +a2 SOnt eoukvattf Apopm. FL 32703 tel 407 000.2900 fax 407 8QC.2962 Please lac advised the ITT Flygt Corporadon is the only autho� vendor for Flygt Products and is the only authorized service repair and wxmmty orgaulzation io the State of Plodda, (Miw of the Apal"cola River). Their staff is properly trained to provide you the best service ovallabie. Tirw* you for your interest in Flygt Products and do.not hesitme to call the if you bavve avy qu=tions mgarding distribution or any other matter. Very truly yaus, ITT FLYGT CORPORATION Richard W. Cote, Teow cal Mssrager *Flygt Products include subux:mbde pumps, mix:?acs, valvos, Multitrode probes, Syracuse safe hatch access covers, controls and well washer. Agenda Item No. 16C8 November 28, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to authorize the sole - source purchase of equipment for the replacement of five (5) Drive Reducers in the amount not to exceed of $123,864 for the North County Water Reclamation Facility Rehabilitation, Project 725112 OBJECTIVE: The public purpose is to maintain critical equipment to meet peak wastewater demands at the North County Water Reclamation Facility by replacing five (5) new drive reducer units for the oxidation ditch aerator system. CONSIDERATION: Several items of critical equipment at the North County Water Reclamation Facility ( NCWRF) are almost 15 years old and are original to this facility. The oxidation ditch aerator system is an activated sludge biological treatment process that removes biodegradable organics from the treatment stream. The approved NCWRF reliability and rehabilitation program includes the replacement of these much - needed pieces of equipment. This request is for the approval for the purchase of the equipment for the replacement of 5 drive reducer units for the oxidation ditch aeration system. • Replacing five (5) gear reducers: o County to purchase equipment from Siemens, the original equipment manufacturer and sole- source equipment provider, for $123,864.00 including freight for the 5 units. The purchase of these drive units would complete the approved three -year program which was to replace five (5) motor and drive assemblies each year. The first two sets of 5 assemblies were rehabilitated in fiscal years FY'04 and FY'05. The sole source letter and the Siemens quote for the needed equipment are attached to this Executive Summary. Siemens Water Technology is the sole source for the original drive units which were sold to the Collier County in 1993. o Installation of the drive units will be accomplished under the County's fixed term Underground Utility Contracting Services RFP 04 -3535. The construction contractor will be selected once the parts have been ordered within the 16 weeks lead time for obtaining the gear reducers. No further board action will be required. This project is consistent with the 2005 Wastewater Master Plan Update as adopted by the Board on June 6, 2006 as Agenda Item 10 (B). FISCAL IMPACT: Funding for this obligation is available in the FY07 Capital Budget adopted by the Board of County Commissioners on September 21, 2006. Funds in the amount of $123,864.00 are available in Project 725112 for the specified task. The source of all funds is the Wastewater User Fee Fund 414. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. Executive Summary NCWRF Ox -ditch motors /drive Rehabilitation, Project No. 725112 Page Two Agenda Item No. 16C8 November 28, 2006 Page 2 of 9 RECOMMENDATION: That the Board of County Commissioners, as the Ex- officio Governing Board of the Collier County Water -Sewer District: • Waive formal competition in accordance with purchasing policy V(C) and approve the purchase of five drive units including freight cost from Siemens for an amount not to exceed $ 123,864.00. PREPARED BY: Vaughn G. Williams, Sr. Project Manager, Public Utilities Engineering. Agenda Item No. 16C8 November 28, 2006 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1618 Item Summary: Recommendation to authorize the sole- source purchase of equipment for the replacement of five (5) Drive Reducers in the amount not to exceed of 8123.864 for the North County Water Reclamation Facility Rehabilitation, Project 725112. Meeting Date: 11/28/2006 900:00 AM Approved By Jack P. Curran Purchasing Agent Date Administrative Services Purchasing 11/712006 2:12 PM Approved By Karen B. Guldant, P.E. Senior Project Manager Date Public Utilities Public Utilities Engineering 111872006 9:26 AM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 11191200610:25 AM Approved By Jan Pratt Treatment Plant Superintendent Date Public Utilities WasteWater 1119120061:32 PM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 11114120064:06 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 11/14/2006 5:41 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 11115/2006 9:13 AM Approved By Roy B. Anderson, P.E. Public Utilities Engineering Director Date Public Utilities Public Utilities Engineering 11115/2006 9:16 AM Approved By James W. Delony Public Utilities Administrator Date Public Utilities Public Utilities Administration 1111512006 3:22 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116!2006 10:48 AM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 1111712006 12:14 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1111712006 2:48 PM Varzli2uua luau I-AA 26V 521 8249 US FILTER ENV SIEMENS September 27, 2006 Collier County UtiIity Division North County Water Reclamation Pac. 10500 Goodlette Road Naples, FL 34109 Atm: Mr. Vaughn Williams Phone: 239- 530 -6213 Fax: 239- 530 -6457 To Whom It May Concern., Agenda Item No. 16C8 NovembeKII9.12006 Page 4 of 9 REYWARD INCORPORATED with the Office located at 415 County Club Drive in Winter Park, Florida is the Manufacture Representative and Sole Source for SIEMENS WATER TECHNOZ..GMS (Formerly US FILTERIENVIREX PRODUCTS) for all New Equipment and Replacement Parts far the STATE OF PLORIDA. We would appreciate that any purchase orders that are required for either Now Equipment or Replacemcnt Parts should be made out to SIEMENS WATER TECHNOLOGTi -q c/o HEYW A RD WCORPORATED. If you should have any questions regarding the above Representative, please fe:l free to contact me at 262- 521 -8221 or by fax at 262 -521 -8249. Regards, Richard A. Fausch Area Account Manager A.ftermarket Sales S;MAns WaterT*ahnalog ➢es Corp. P.0_ Bpx 1604 W� (262) S4% 4J7 Q1 1901 S. PRAIRIE AVENUE Fex- (267.) 547 -A120 WAUKE514A, WI 52199 us!r „cuuv jv:ill k'AL Yt32 S21 8289 VS FILTER ENV SIEMENS September 27, 2006 Collier County utility Division North - County W arcer Reclamation Fac. 101500 Goodletm Road Maples, FL 34105 Attn: Mr. Vaugbn Williams Phone: 239 - 530 -6213 Pax* 239 -530 -6457 To Whom It May Concern: Agenda Item No. 16C8 NovembEiMP2006 Page 5 of 9 SMM NS WATER TECHNOLOGMS (Founerly US FILMRlENMEX PRODUCTS) is the Solc Source and OEM Supplier for the 40HP Orbal Channel -- Aerators and Oxidation Ditch Equipment and Replacement parts which were sold to Collier County under US F1LTERl121\ MEX Original Order nurnber 13048 in 1993. These :replticernent parts are determined by taking into consideration: equipment performance rcyuij=ments which are specific to this contract. This informadan is only available from SIENMNS 'WA'T'ER TECIVOLOGMS. If you should have any questions regarding this matter, please feel free to co>Inta ,_t me at 262.521 -8221 or by fax at 262 -521 -8249. Regards, Richard A. Pau.sch Area Account Manager Aftetxnarkot Sales siemene WaterTnchnologi . g Corp. P.C. 80X 1604 T0(: (262) 547 -0141 1901 S. NNW AVENUE rax: C'VWO 5-17-41 ZO WAUKESHA, W1S3109 SIEMENS Water Technologies Sales Quote 1901 S. Prairie Ave. Waukesha, WI 53189 notation # Attention: Q0700281 Vaugh Williams PH: FX: Bill To: 72482 COLLIER COUNTY UTIL.DIV. [FL] FINANCE DEPT, P. 0. BOX 413016 NAPLES FL 34101 _Ei P To: Agenda Item No. 16C8 IQuote 1/06Pmhpj Page# 10/19/06 �� Print Date Orig. Contract 1 10/19/06 L 13048 End -User! Installation Name I Customer Q uate # 72482 -01 COLLIER COUNTY UTIL.DIV. [FL] NORTH COUNTY WATER RECLAM FAC. 10500 GOODLETTE ROAD NAPLES FL 34109 Siemens Water Technologies is pleased to offer the following quotation for your consideration: Item # Quantity Part # Part Description Uldt Price UM Total PACe Lead Time 001 1 13048 - 306 -100 DRIVE ASSY -DISC AERATOR, 40HP SHAFT MTD, CW ROT. 22232.00 EA 22232.0 14 -16 WEEK 002 1 13048 - 408 -100 DRIVE ASSY -DISC AERATOR, 60HP SHAFT MTD, CW ROT. 30158.00 EA 30158.0 14 -16 WEEK 003 1 13048 - 409 -100 DRIVE ASSY -DISC AERATOR, 60HP, SHAFT MTD,CCW ROT. 30158.00 7 30158. 14 -16 WEEK 004 1 13048- 410 -100 DRIVE ASSY -DISC AERATOR, 6DHP SHAFT MTD, CW ROT. 20658.00 EA! 20658.0 6- 8 WEEK 005 1 13048 - 411 -100 DRIVE ASSY -DISC AERATOR, 60HP, SHAFT MTD,CCW ROT. 20658.00 EA 20658.0 6- 8 WEEK THESE UNITS ARE THE CURRENT UPDATED DESIGN BY THE MANUFACTURER. COMPANY PURCHASE ORDER POLICY REQUIRES 1 OF 3 OPTIONS LISTED BELOW BEFORE WE CAN PROZEED WITH AN ORDER. 1.CREDIT CARD ORDER REQUIRES CUSTOMER 4UST SUPPLY CARD NUMBER AND LAST 3 NUMBERS ON BACK OF CARD, EXPIRATION DATE, NAME ON CARD AND MUST SIGN, DATE, OUR QUOTE AND FAX BACK. 2.VERBAL PURCHASE ORDER REQUIRES CUST ER MUST SIGN, DATE, OUR QUOTE AND FAX BACK. 3.PURCHASE ORDER NUMBER REQUIRES CUST ER MUST j SUPPLY SIGNED, DATED HARD COPY OF PURC SE ORDER OR MUST WRITE PURCHASE ORDER NUMBER ON OUR QUOTE AND MUST SIGN, DATE OUR QUOTE AND FAX 3ACK. I Total Sale Price: i i I 123,864.0 Local Representative #: 844 Siemens Account Manager: Dick Pausch Name: HEYWARD INCORPORATED (FL) Phone: (262) 521 -8221 Phone: 407/628 -1880 Fax: (262) 521 -8249 Fax: 407/628 -9860 E-mail: richard.pausch @siemens.com Prices are in Effect for: 30 5ays Payment Termsi NJU * Lead Time: Contingent Upon Stock Availability Minimum Order Value: $50.00 Freight Terms: FOB SHIPPING POINT LEAST EXPENSIVE FREIGHT ALLOWS Q0700281 Page 1 of 3 Agenda item No. 16C8 STANDARD TERMS OF SALE November 28, 2006 Page 7 of 9 1. ADDlicable Terms, These terms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment "), referred to in seller's purchase order, quotation proposal or acknowledgment, as the case may be ( "seller's Documentation "). whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. seller rejects all additional or different terms in any of Buyer's forms or documents. 2. Payment. Buyer shall pay seller the full purchase price as set forth in seller's Documentation. unless seller's Documentation provides otherwise, freight, storage, insurance and all taxes, duties or other governmental charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay. any such charges, Buyer shall immediately reimburse seller. All payments are due within 30 days after receipt of invoice. Buyer shall be charged the lower of 1 %% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of seller's reasonable costs (including attorneys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval. These terms are completely independent from, and in no way contingent upon, when you receive payment, from the owner and /or prime contractor. 3. Delive_r� Delivery of the Equipment shall be in material compliance with the schedule in Se - er sDocumentation. unless Seller's Documentation provides otherwise, Delivery terms are F.O.B. seller's facility. 4. n r i of M er ?als. All devices, designs (including drawings, plans and specs ,cations , estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain seller's property. seller grants Buyer a non - exclusive, non - transferable license to use any such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without seller's prior written consent. 5. h n g seller shall not implement any changes in the scope of work described in S, er s Documentation unless Buyer and seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of any contract including these terms. 6. Warranty. Sub J'ect to the following sentence, seller warrants to Buyer that the Equipment shall materially conform to the description in seller's Documentation and shall be free from defects in material and workmanship. The foregoing warranty shall not apply to any Equipment that is specified or otherwise demanded by Buyer and is not manufactured or selected by seller, as to which (i) seller hereby assigns to Buyer, to the extent assignable, any warranties made to seller and (ii) seller shall have no other liability to Buyer under warranty, tort or any other legal theory. If Buyer gives seller prompt written notice of breach of this warranty within 12 months from shipment (the "warranty Period "), Seller shall, at its sole option and as Buyer's sole remedy, repair or replace the subject parts or refund the purchase price therefore. If Seller determines that any claimed breach is not, in fact, covered by this warranty, Buyer shall pay seller its then customary charges for any repair or replacement made by seller. seller's warranty is conditioned on Buyer's (a) operating and maintaining the Equipment in accordance with seller's instructions, (b) not making any unauthorized repairs or alterations, and (c) not being in default of any payment obligation to seller. seller's warranty does not cover damage caused by chemical action or abrasive material, misuse or improper installation (unless installed by Seller). THE WARRANTIES SET FORTH IN THIS SECTION ARE SELLER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUB]ECT TO SECTION 10 BELOW. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. 7. In mnit Seller shall indemnify, defend and hold Buyer harmless from any claim, cause OT action or liability incurred by Buyer as a result of third party claims for personal in]ury, death or damage to tangible property, to the extent caused by Seller's negligence. Seiler shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the warranty Period, notifying Seller of any claim, and (b) providing reasonable cooperation in the defense of any claim. 8. Force Maieure. Neither seller nor Buyer shall have any liability for any breach (except for breach of payment obligations) caused by extreme weather or other act Of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of carriers, failure of normal sources of supply, act of government or any other cause beyond such party's reasonable control. 9. ancellation. If Buyer cancels or suspends its order for any reason other than Seller's breach Buyer shall promptly pay seller for work performed prior to cancellation or suspension and any other direct costs incurred by seller as a result of such cancellation or suspension. in the event buyer wishes to return material for credit - A return material authorization (R.M.A.) must be issued from the seller before any return. Equipment to be returned must be in new condition, suitable for restocking and resale. Non stock items are not returnable. Items invoiced over 12 months prior are not returnable. Restock fee of 25% of item value applies. Return freight and associated costs are for the account of the buyer. 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANY TIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT. TORT. STRICT LIABILITY OR ANY OTHER THEORY. Q0700281 Page 2 of 3 Agenda Item No. 1608 11. Miscellaneo s. If these terms are issued in connection with a government co�eahenp,2006 Ni a e eemed to include those federal acquisition regulations that are required b)p3 g of to be included. These terms, together with any quotation, purchase order iii acknowledgement issued or signed by the seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement ") and supersede any terms contained in Buyer's documents, unless separately signed by seller. NO part of the Agreement may be changed or cancelled except by a written document signed by Seller and Buyer. NO course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. if any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit any other transfer of the Agreement without seller's prior written consent. The Agreement shall be governed by the laws of the state of Delaware without regard to its conflict of laws provisions. 12. RESERVATION CLAUSE (International - includino Canada and Mexico_). Purchaser acknowledges t at SOC /seller/ Contractor /consortium) is required to comply with applicable export laws and regulations relating to the sale, exportation, transfer, assignment disposal and usage of the (work /Equipment /Services) provided under the Contract, inclu4ing any export license requirements. Purchaser agrees that such (Work /Equipment /Services) shall not at any time directly or indirectly be used, exported, sold, transferred, assigned or otherwise disposed of in a manner which will result in non - compliance with such applicable export laws and regulations. it shall be a condition of the continuing performance by (soc /Seller /contractor /consortium) of its obligations hereunder that compliance with such export laws and regulations be maintained at all time. PURCHASER AGREES TO INDEMNIFY AND HOLD (SOC /SELLER /CONTRACTOR /CONSORTIUM) HARMLESS FROM ANY AND ALL COSTS, LIABAILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON- COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. Siemens appreciates the opportunity to provide this quotation for your consideration, and looks forward to doing business with you! Quotation submitted by Siemens: (Signature) Dick Pausch (Name) (262) 521 -8221 (Telephone) (262) 521 -8249 (Fax) Siemens has implemented procedures to be in accordance with the Sarbanes -Oxley Act of 2002. These procedures require a signed confirmation from the buyer of the intent to purchase. Signature below indicates acceptance of this quotation, including the Standard Terms of Sale attached hereto. Accepted by Buyer: Acknowledged by Seller: i men, Company Name (company Name) By: Date: By: Date: PLEASE VISIT OUR WEBSITE AT www.usfilter.com FEATURING: Online Quotation Request Service Requests Order Status Requests General Information Requests OR CALL 1- 800 -931 -1755 Q0700281 Page 3 of 3 aw "u� cvuu 10:41 rAa ;IJc 521 8249 SIEMENS October 26, 2006 US FILTER ENV Collier county Utility Division North County Water Reclamation Fac. 10500 Goodlette Road Naples, FL 34109 Attn: Mr. Vaughn Williams Phone: 239 - 530 -6213 Fax: 239- 530 -6457 To Whom It May Concern: Agenda Item NcRM8 November 28, 2006 Page 9 of 9 SIEMENS WATER TECHNOLOGIES (Formerly US FILTERlENVIREX PRODUTS) is the Sole source and OEM Supplier for the 401AP and 60HP Drive units for the Orbal Channel Aerators and Oxidation Ditch Equipment and Replacement parts which were sold to Collier county under US FILTERIENVIREX Original Order Number 13048 in 1993. These replacement Drives and replacement parts are determined by taking into consideration equipment performance requirements which are specific to this contract. This information is only available from SIEMENS WATER TECHNOLOGIES. If you should have any questions regarding this matter, please feel free to contact me at 262 -521 -8221 or by fax at 262 -521 -8249. Regards, Richard A. Pausch Area Account Manager Aftermarket Sales Siemens Water Technologies Corp. P.O. BOX 1604 Tel: (262) 547 -0141 1901 S. PRAIRIE AVENUE Fax: (262) 547.4120 WAUKESHA. WI 53189 Agenda Item No. 16D1 November 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration for $235,180 to participate in the Lower Income Pool Program for Federally Qualified Health Centers for services provided for the County's most vulnerable citizens and generate $326,263 in Federal matching funds for Collier Health Services, Inc. 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 (LIP) program by providing a $235,180 local match and generate $326,263 in matching Federal funds for Collier Health Services, Inc.. 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 (LIP) program. This program takes local funds and through an agreement between local government and AHCA uses these funds to obtain Federal matching dollars. AHCA has added a new component for Federally Qualified Health Centers Collier Health Services, Inc., (CHSI) a Federal Qualified Health Center, has qualified to ,.. participate in funding with the Agency for Health Care Administration (AHCA) Lower Income Pool program. This program requires a local county match of $235,180 and the Board of County Commissioners has already agreed to partner with Collier Health Services, Inc. on 10/17/06 and provide funds from the current Human Services budget. By signing this agreement with AHCA, Collier County Government will be able to transfer said funds to the state office. Upon receipt, AHCA will match these funds with $326, 263 of Federal dollars and transfer a total of $561,443 to CHSI for disbursement of the funds. Richard Akin, President and CEO of Collier Health Services, Inc. will pay $276,337 of the county's low income or medically needed expenses as determined by the staff of the Human Services Department. CHSI will utilize the additional LIP monies to expand their comprehensive primary health care services for Collier's most vulnerable population at Horizons Primary Care Center and other sites. FISCAL IMPACT: Participation in the Lower Income Payment Program will provide an additional $326,263 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. 16D1 November 28, 2006 Page 2 of 6 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 $235,180. a) The County and the Agency have agreed that these funds 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: i. The Disproportionate Share Hospital (DSH) program. ii. The removal of inpatient and outpatient reimbursement ceilings for teaching, specialty and community health education program hospitals. iii. 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. vii. Medicaid LIP payments to hospitals in the approved appropriations categories referenced as LIP I, LIP2, and LIP3. viii. 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, 8M. Agenda Item No. 16D1 November 28, 2006 Page 3 of 6 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 $235,180. The County will transfer payments to the State in the following manner: a) The first quarterly payment of $58,795 for the months of July, August, and September is due upon notification by the Agency. b) Each successive payment of $58,795 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. The anticipated distribution to Collier Health Services, Inc is $561,443. 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 modifications 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 confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers 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, 8M. Agenda Item No. 16D1 November 28, 2006 Page 4 of 6 WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. ATTEST: COLLIER COUNTY HUMAN SERVICES DWIGHT E. BROCK, Clerk BY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency Robert N. Zachary Assistant County Attorney WITNESS: [Print Name [Print Name App_September 5, 2006, 8M. By: FRANK HALAS, Chairman Date: AGENCY FOR HEALTH CARE ADMINISTRATION an CARLTON D. SNIPES, Assistant Deputy Secretary for Medicaid Finance Date: Agenda Item No. 16D1 November 28, 2006 Page 5 of 6 t,ocal Uovernment Inter overnmental Transfers Pro ram /Amount State Fiscal Year 2006 -2007 DSH* LIP */Rate Exemptions Statewide Issues $235,180 Total Funding $235180 *Included in the Low Income Pool (LIP) 2 category methodology. App_September 5, 2006, 8M. Agenda Item No. 16D1 November 28, 2006 Page 6 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1601 Item Summary: Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration for $235,180 to participate in the Lower Income Pool Program for Federally Qualified Health Centers for services provided for the Countys most vulnerable citizens and generate $326,263 in Federal matching funds for Collier Health Services, Inc. Meeting Date: 11/28/2006 9.00:00 AM Approved By Marta Ramsey Public Services Administrator Dale Public Services Public Services Admin. 1111$12006 8:37 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/15/2006 9:49 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/16/2006 12:28 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11!1712006 9:26 AM .Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1111712006 10:17 AM Commissioners Agenda Item No. 16E1 November 28, 2006 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to award Contract 06 -4054, "On Call Software Development Services ", to the following three professional services firms for a term of two years: Idea Integration in Jacksonville, Florida; Latitude Geographics in Victoria, British Columbia and SkillStorm in Bradenton, Florida OBJECTIVE: To obtain approval from the Board of County Commissioners to award Contract 06 -4054, "On Call Software Development Services" to the following three firms for a term of two - years: Idea Integration in Jacksonville, Florida; Latitude Geographics in Victoria, British Columbia and SUIStorm in Bradenton, Florida. CONSIDERATION: Request for Proposal 06 -4054 was issued in accordance with County polices, and publicly advertised on September 12, 2006. Notices were sent to 56 firms with 24 vendors requesting full packages. Four responses were received by the due date of October 6, 2006 and all four were considered "responsive." A Selection Committee meeting composed of representatives from Information Technology was held on October 20, 2006. After review, ranking and discussion, the members of the committee reached a consensus. The above - mentioned three firms were recommended for contract negotiations and subsequent award. Quotes from the selected firms will be obtained prior to the commencement of any work on a case by case basis, and projects in excess of $50,000 will be submitted for Board approval. The Information Technology Department has established outsourcing practices and procedures that will be used to manage these suppliers which will improve customer service and improve the quality and consistency of software deliverables by augmenting County development staff. The Information Technology software development staff builds solutions for customers within the County's Microsoft and GIS environment and provides guidance on exploiting the County's investment in Microsoft and GIS. This contract will be used for staff augmentation as necessary, and to procure services relating to software development that encompasses geographic information systems (GIS), web development, software development best practices, and implementation of software platform technologies, such as Microsoft Sharepoint. It is anticipated that each task under this contract will be under $75,000 and typically be in the $15,000 - $25,000 range. FISCAL IMPACT: The funding for work performed under these contracts will come from the existing budget of the Information Technology Department or other departments commissioning the work as appropriate. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. The contracts are consistent with the County's long -term ability to monitor and plan for growth. RECOMMENDATION: That the Board of County Commissioners approves the selection of Idea Integration, Latitude Geographics, and SkillStorm for award of these contracts and authorizes the Chairman to sign the standard, County approved contracts. PREPARED BY: Bert Miller, Information Systems Development Manager, Department of Information Technology Agenda Item No. 16E1 November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E1 Item Summary: Recommendation to award Contract 06 -4054, On Call Software Development Services, to the following three professional services firms for a term of two years: Idea Integration in Jacksonville. Honda, Latitude Geographics in Victoria, British Columbia and SkillStorm in Bradenton, Florida. Meeting Date: 11 /2812006 9:0000 AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 10/30/2006 1:20 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 10/3V2006 9:42 AM Approved By Steve Carneil Purchasing /General Svcs Director Date Administrative Services Purchasing 11/112006 4:02 PM Approved By Barry Axelrod Infomration Technology Director Date Administrative Services Information Technology 11/612006 5:15 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 11!912006 11:00 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11/15/2006 10:07 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/1612006 10.40 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/1612006 11:21 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/1712006 9:23 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11117!2006 10:02 AM Agenda Item No. 16E2 November 28, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to confirm and consent to the name change of contractor on Contract No. 04-3588 titled "Fixed Term Material Testing Services" from Professional Engineering & Inspection Co., Inc. (PEICO) d /b /a US Laboratories, Inc. to Bureau Veritas North America, Inc. OBJECTIVE: To obtain the Board's approval of the name change of the contractor on Contract No. 04 -3588, from the original name, Professional Engineering & Inspection Co., Inc. (PEICO) d /b /a US Laboratories, Inc. to Bureau Veritas North America, Inc. CONSIDERATIONS: Collier County entered into an agreement with Professional Engineering & Inspections Company, Inc. pursuant to the award of RFP 04 -3588 to provide materials testing services under a fixed term agreement. Professional Engineering & Inspection, Inc. became a part of Bureau Veritas North American, Inc. on July 26, 2006. County staff was notified in a letter dated September 21, 2006 of this change in ownership and the firm's desire to do business henceforth under the name of the new ownership. Following the contract administration procedures, staff has acquired the necessary documents from Bureau Veritas North America, Inc., which have been reviewed and approved by the County Attorney's staff. 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 confirms and consents to the name change of Professional Engineering & Inspection, Inc. to Bureau Veritas North America, Inc. regarding Contract No. 04 -3588. Prepared By: Rhonda Cummings, Contract Specialist, Purchasing Department ITEM NO.: `! 11�..,�.�� FILE NO.: ��: 1° ROUTED TO: Agenda Item No. 16E2 November 28, 2006 DATE RECEIVLEVe 2 of 9 DO NOT WRITE ABOVE THIS LINE RECEIVED REQUEST FOR LEGAL SERVICES OCT - 9 2006 Date: September 29, 2006 PURCHASING DEPT. To: Office of the County Attorney Attention: Colleen Greene or Robert Zachary From: Rhonda Cummings, Contract Specialist C�c� Purchasing Department, Extension 8941 Contracts Administration Division Re: Contract No. 04 -3588 "Fixed Term Material Testing Services ". Professional Engineering & Inspection Co., Inc. (PEICO) d /b /a US Laboratories, Inc. BACKGROUND OF REQUEST: Seeking approval of name change from Professional Engineering & Inspection Co., Inc. (PEICO) d /b /a US Laboratories, Inc. to Bureau Veritas North America, Inc. This item has not been previously submitted. ACTION REQUESTED: Review and approve name change documents prior to BCC Approval.. OTHER COMMENTS: Robert/Colleen: Please see attached the documentation necessary to effect the name change. If there are any questions concerning the documents provided, please contact me at ext. 8941. Thank you. cc: Mike Greene, Project Manager, TECM I& -6 �� � 1A Y C U R E A U UERITAS September 21, 2006 Ms. Diana DeLeon Collier County Purchasing Department 3301 Tamiami Trail East Naples, FL 34112 Subject: Bureau Veritas North America, Inc, Dear Ms. DeLeon: Agenda Item No. 16112 November 28, 2006 Page 3 of 9 It is with enthusiasm that i inform you of changes within our company. As you may know, Professional Engineering and Inspection Company, Inc, is now part of Bureau Veritas, a global firm specializing in quality assurance, environmental, health, and safety (QEHS) services. Bureau Veritas, founded in 1828, is a worldwide partner of choice, assisting clients with the QEHS management of their construction projects, property assets, products, systems, and personnel. Our 22,000 employees serve more than 200,000 clients worldwide --from local public agencies to the largest multinational corporations. We will use the Bureau Veritas North America, Inc. name on all future correspondences. Our professional staff, business insurance, licenses, and all operational functions will remain in full compliance with local, state and federal regulations. We have provided a copy of our updated W -9 for your records. While we are beginning to communicate with you under the Bureau Veritas North America, Inc. name, I would like to assure you that Professional Engineering and Inspection Company, Inc.'s dedication to client service has been, and will continue to be, our number one priority when serving you. In the coming months, you will begin to observe our joint efforts as we unite the Bureau Veritas family of operating companies. Bureau Veritas allows us to offer you a greater depth and breadth of resources and expertise, delivering flexible, creative, and responsible solutions for our specific business and QEHS challenges. Our expanded services include, Materials Testing, Geotechnical Engineering, Building Code Consulting Services, Environmental Services, Occupational Health and Safety Services, Asbestos, Mold and Indoor Air Quality Testing and Consulting, Elevator Inspections, ISO Certifications, and many other services designed to offer one company for all of your QEHS requirements. Please visit our website at www.us.bureauveritas.com for more information about our company. If you have any questions, please feel free to contact me at 239- 278 -0939 Or send me an email at Steve, Wiehe@us, bureauveritas. com, Sincerely, Bureau vitas Nort erica, Inc. Stephen Paul Wiehe, PG 4 Branch Manager Enclosures Bureau Veritas North Americo., Inc. 111231 i`hau, 11nrkwiv. # 13;' 114_ ,*%N, :,W "'31)[2 ZG 39dd 0,7I3d 5gC1 sr1 N13ite ( 2S11) 27K -U73'! 1;6i: ('_)9) 27ti- 1105{i wq .., ..I'n, rcu „, riu :. Con•, 9990OLZGEZ BE:91 90GZ /1Z /GG r I f /,ti 1U'I A 1 H CERTIFI�ATE'OF INSURANCeemb 8Fl l9WMBER _. . _ 1 so -07 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS PRODUCER Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE P O BOX 459010 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Sunrise, FL 33345 -9010 AFFORDED BY THE POLICIES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE COMPANY 09581- USL -ALL10 -06-07 PEI FM G/A/W I A COMMERCE & INDUSTRY INSURANCE CO. COMPANY INSURED BUREAU VERITAS NORTH AMERICA B AMERICAN HOME ASSURANCE CO 10251 METRO PARKWAY, SUITE #122 FORT MYERS, FL 33912 COMPANY C N/A COMPANY D CQVERAGES` This Certificate Supersedes and ptaoesany previously issued certificate for the policy petiod4loted below 1t) THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MM(DD(YY) POLICY EXPIRATION DATE (MMIDD(YY) LIMITS A GENERAL LIABILITY GL- 6439313 03/01/06 '03/01/07 GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP /OP AGG 1$ 2,000,000 X COMMERCIAL GENERAL LIABILITY I _ PERSONAL & ADV INJURY $ 1,000,000 CLAIMS MADE IJ OCCUR EACH OCCURRENCE $ 1,000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ 1,000,000 X EXP (Any one person) $ 10,000 rlMED B I AUTOMOBILE LIABILITY CA115- 7006 -AOS 03/01/06 103/01/07 COMBINED SINGLE LIMIT $ 1,000,000 B X ANY AUTO CA115- 7007 -TX 03/01/06 1 03/01 /07 i3 ALL OWNED AUTOS CA115- 7008 -MA 03/01/06 103/01/07 BODILY INJURY 1$ _ SCHEDULED AUTOS (Per person) BODILY INJURY (PeraccdeM) $ X I HIREDAUTOS X NON -OWNED AUTOS X OMP /COLL -DED: $1,000 PROPERTY DAMAGE $ - -- GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ I EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE is UMBRELLA FORM $ OTHER THAN UMBRELLA FORM A WORKERS COMPENSATION AND EMPLOYERS•LIAMLmr WC285- 7148 -AOS 03/01!06 03/41/07 - X TORY LIMITS ER I EL EACH ACCIDENT _ $ 1,000,000 A WC285- 7149 -CA 03/01/06 03/01/07 THE PROPRIETOR/ X PARTNERSlEXECUTIVE INCL EL DISEASE- POLICY LIMIT $ 1,00D,000 EL DISEASE -EACH EMPLOYEE $ 1,000,00 OFFICERS ARE: EXCL I OTHER DESCRIPTION OF OPERATIONSfLOCATIONS IVEHICLESISPECIAL ITEMS RT(FICATE` HOLDER "CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, - THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL %A DAYS vmrrrEN NOTICE TO THE °- COLLIER COUNTY PURCHASING DEPARTMENT ATTN: DIANA DELEON CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO FAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3301 TAMIAMI TRAIL EAST LIABILMY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, OR THE NAPLES, FL 34112 ISSUER OFTHIS CERTIFICATE. MARSH USA INC. BY: Eileen S. Yodanis�-¢'��"'��°a MMI(3102} VALID AS 60:' 69/W/66 Agenda Item No. 16E2 November 28, 2006 Page 5 of 9 ORD_ CERTIFICATE OF LIABILITY INSURANCE 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 MY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 9123.1ID°""' 09/21/03 PRODUCER 0A99320 1- 619 - 234 -664` THIS CERTIFICATE IS ISSUED AS A MATTER OF JNFORMATION Cavigneo Es Aesociatef ONLY AND CONFERS NO RIGHTS UPON YHE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 450 a 8troot, suite leoD LTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE cA 92101-e005 s nia X. yo, Cavi ra ef fray Jof UZOIL Bureau Yeritae North America, Inc. INSUHexA:Lax. ton Insurance Company ' .n$ Company- 8: 20231 30281 8atro Parkway, lZtlite 122 MURER .... --- Port Myers, FL 33912 - INSURER 0: .... ..._. MED EXP (.Ally — Pmt) i NOU R E: cnvr: rrarcw THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURGO NAM &D 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 MY 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. WBR MR INSURANCE POLICY NUMBER �. - P Y 6PP6CYN6 POLICY 9JIMIRATION •- l _- uearrs OfNERAL L LIABILITY E EACH OCCIXiRENOE _ S S COMMERCIAL 17NHRAL LIA.PILITY F FIRE DAMAGE (An on fln ) MED EXP (.Ally — Pmt) i i CLAIMS. MADE 7-1 OCCUR M P FtSONAL t ACV INJURY I I 9 GENERAL AGGREGATE 9 GEN'L AGGREGATE LJMR APPLIES PER: P PRODUCTS- COMPIOPAGG S S POLICY F7 rxD- F7 LOC I AUTOMMILL"LIABNJTY COMBINED SINGLE UIdR ANY AUTO ( (� pR96pINJ ~ BODILY INJURY S ALL OWNEV AVTOC ~ SCHEDULED AUTOS - - ( - B (Pw partm) S 4OAIi Y�INJURY EIIFtFU AUYOr: 4 NOWOWNED AUTOS I PKOPERTY DAMAGE t t ..............�— 1 _ P 1 _ (Per*Wdom) GARAGE LIABILITY A AUTO CNLY - FA ACCIDINT S S ANY AUTO - - O OTHER THAN CA ACC . 8 AUTO ONLY: AGO 8 EXDE63 LIABILITY E EACH OCCURRENCE S S OCCUR n CL41M9 MADE A AGGREGATE 9 9 DEDUCTIBLE RETENTION S S S L STAI'M OT WORKERS COMPILNOATION AND E.L. EACH ACCIDENT S S EMPLOYERS'UABILRY I$9AW - BA ZMPLOYE 9 9 E.L. DISEASE. POLICY LMT E E OTHER A P Protonnionxl Liability $ $500227 1 11/17/05 1 11/17/06 E Each Claim 91,000,000 Agg7�egclta $2,000,000 9 9 DESORIPTIDN OF OPERATIO N5ILOCATIpNS1VGlMCLGSIEXCLUCIONS ADDED BY ENDORSEMENTAPE01AL PROVISIONS Profeaaional Liability - 0104et6 made farm, aggregate limit policy. Pofeaee Oopto ineludnd Withi3 limit of liability. 10 days HOC for non- yaysivAt of PrOnium. —11— G nwV u=m 1 • IIIVRAI. —w. YYOUR6„ La11 Va111Y rte•, .•+.� SHOULD ANY OF THE ABOVE DESCRIEDD roLK EW BE CANCELLED BEFORE THE wwIRATION Collier Caunty Purchasing Department DATE THEREOF, THL MW%M* WBURER WALL ENDEAVOR TO MAIL 90 DAYN WRITTM NOTICE YO THE CERTIFICATE HOLDER NAMED TO TM LOFY. GUT FAILURE TO DO SO SHALL Attn: Diana DOLSOM IMPOSE NO OBUGATTON OR UA U JIY OF ANY KIND UPON THE WEURER, ITS AGENTS OR 3901 Tamiami Trail East REPREARWATIVEt DTaplea, FL 54112 - AUTHORIZED REPRIE"WAYNE USA taACO D CORPORATION 1988 __..� _- 4660132 b0 39Vd 00I3d SEVI sn 99908LZGEZ 8E :91 9002/TZ/60 Agenda Item No. 16E2 November 28, 2006 Page 6 of 9 > «a, -9 Request for Taxpayer of" form to #0 (Tau hbrernborZX* Identification Number and Cartlfltation requester. fro not r rAvM a� send to the IRS cj Nenn kits ahown on your Income tax returr# N, bunsu Veritws North Amsrlea lac g Duelneas name. If dlfferanr from above t�aelt apprsprreee tp0pe 0 sub ptopriolar corporation %v—go Q oem ie , so Into Address taxaber, street, and y opt. or evils nit) nsqusetsr'u nerve and w(Wreee (opapryp* 11800 West OWN Rd K Bufbe 1 0417. elms, and Zia code Ft Laudsrdsta, F6 32323 list account numbur(s) here (opdaraq Tex err Identificetfon Number MM Enter your TIN In the approprlete box. The TIN provided must match the name 91ven an Line 1 to avoid asagtl ,earthy nsmbsr backup withholding.. For IndWtauak, this Is your scout security number (SSN). However, for a reafdar t Yen, sole proprietor, or disragattt ed orltlty, acs the Part I Irtstmilom an page S. fret offm enUdes, it k your osrttpiayer ktenti(fcadon ntRrtber OHM. If you de not have a number, see Now to gat a 77N on page it or Note. If the account is In mom than one name, on the chart an pugs 4 for guldolirm an whose MapWrer ideatMaWon number number to enter. f# i 1 R tLj 12 14 14 EMMFM Certification Under peratties of perjury, I certify that 1. The t'Mlmber shown on this form Is my oofreal taxpayer IdentH(ontion number (or 1 am mad" for a number to be Issued to me). and •2. 1 am not subject to backup Withholding because: (try 1 am exempt from backup wlthhokling, or (b) I have not been notified by the Interred Revwwe Service (IRS) that I am subject to backup withholding as a result Of a failure to report d Interest or dMdorK* or (c) the IRS hee notified rue that I am no longer subject to backup wlthholding, end S. I am a U.6. psraon (Including a U.S. resident agen). carflAcatfan kUMAMkML You Mat cross otrt Item 2 Above If you have been notified by the IRS that you era currently wY*at to backup withholding because you have failed to report all Interest and dividends on your tape return. For neat cuter* transactions, item 2 does not appry For mortgage Interact pals, r moqquisitlon or abandorvnent of mcwvd Property, canoallation of debt, contributions to an IndMdud retirement arrangament (IRA) end 0anerally. payments other then Interest and dividends, gn ds, you are not reWifed to s the CatiNcat(on, but you must provide your oorrect TIN. (Set the snstntctlons, page 4.) Sign Menesum or ! Here ate, paeon ► r 6t7tllOazg =& _ Data 110, 'j I z-dvS Purpose of Form t • An Individual who is a ollizen or resident of the United A person who Ie required to file an Information return with the States, IRS, must obtain your correct taxpayer Identification number a A partnership, corporation, company, or Association ()1N() to report, for example, income paid to you, real estate created or organized In the United States or under the laws transections, mortgage interest you paid, acquisition or of the United States, or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. v Any estate (other than a foreign estate) or trust, See Regulations sections 901,7701 -6(a) and 7(a) for additional U.S. person. Use Form W -9 only if you are a U.B. po on Information. (including a resident Allen), to provide your correct TIN to the Special ruin for partnerships. Partnerships that Conduct a person requesting it (the requested and, when applicable, to: trade or business in the United States are generally required 1. Certify that the TIN you we giving is correct (or you ate to pay a withholding tax on any foreign partners' wham of waiting for a number to be Issued), Income from such business. Further, in obtain cases whore a 2. Certify that you are not subject to backup withholding, or Form W-9 has not been rwelved, a partnership Is required to 2. Claim exemption from backup withholdir►g If you area presume that a partner is a foreign person, and pay the withholding tax. Therefore, If you are a U.S. person that is a U.3. exempt payee. let 3 above, If applicable, you are also certify) that as a Y � partner In tt partnership provid Form A trade to rship to In the filled States, provide Form W -9 to the partnership to U.S, person, your allocable share of any partnership Inoorr* from a U.S. trade or business Is not subject to the establish your U.S. status and avoid withholding on your Share of partnership income. wkhholcMg tax on foreign partners' share of effectively connected income. The ReMo n Who gives Form W9 to the partnership for Note. If requester gives you a form other than Form W^9 to purposes of establishing ate U.S. status and avoiding Withholding on he allocable share of net Income from the request your TIN, you must use the requestoes form if it Is substantially similar to this Form W -g. partnesihip conducting a trade or business In the United States Is in the following cases: For federal tax purposes, you are considered a person It you a The U.S. owner of a dleregarded entity and not the entity, are, Oat. No, 10tas)t Fenn W -fib gtev. 11.20051 90 30Vd ooiAj savi Sr1 99908ZZ6EZ 86 :9T 900Z/tiZ/60 Agenda Item No. 16E2 November 28, 2006 Page 7 of 9 — FLORIDA DE NIT OF STATE Division of Corporations July 25, 2006 PROFESSIONAL ENGINEERING AND INSPECTION COMPANY 11860 W. STATE ROAD 84 SUITE 1 FT. LAUDERDALE, FL 33325 Subject: PROFESSIONAL ENGINEERING AND INSPECTION COMPANY REGISTRATION NUMBER: G062069MO17 This will acknowledge the filing of the above fictitious name registration which was registered on July 25, 2006. This registration gives no rights to ownership of the name. Each fictitious name registration must be renewed every five years between January 1 and December, 31 of the expiration year to maintain registration. Three months prior to the expiration date a statement of renewal will be mailed. IT IS THE RESPONSIBILITY OF THE BUSINESS TO NOTIFY THIS OFFICE IN WRITING IF THEIR MAILING ADDRESS CHANGES. Whenever corresponding please provide assigned Registration Number. Should you have any questions regarding this matter you may contact our office at (850) 245 -6058. Reinstatement Section Division of Corporations Letter No. 30SA00047052 Account number: 072100000032 Account charged: 50.00 P.O. BOX 6327 - Tallahassee, Florida 32314 90 39Vd ❑0I38 sgv-i sn 99908LZ6£Z 8£:9T 900Z/TZ/60 C t7 w N C 0 d M D CA V C v to APPLICATION FOR REGISTRATION OF FICTITIOUS NAME Note: Anknowleopernents /certificates wll! be sent to the address in Secthm 7 only. } Professional Engincering and !nth ction Company 1�irtrt�ous lVarsts to be Wowed tase instructions If naive Includes'Conr or Inn - 11860 W. State Road 84. Suite I MaLling Addretta Of auslnese Ft. Laudcrdalc FL 33325 Clry state ZIP Code 3. Florida County of principal place of business: Multiply (sae mayuctbns If meta than one "wnW Agenda Item No. 16E2 November 28, 2006 Page 8 of 9 This "on for office use only A. Owner(s) of Fictitious Name tf Individual(s): (Use an attachment If necessary): last First M. 1. Last Fust M.I. Adrhau Addreas - City Stater ZIP0*00 Crty atape ZIP Code B. Owner(s) of Fictitious Narne If other than an Individual: (Use attachment If necessary): 1. Bureau Varims North America, lnc. g. ardity Nwne rertttfty Flarrw 10125 NW 1 16th Way, Suite 18 Addry Addmts Mcdlay FL 33178 City So" 7J0 Coda Ow state Z-V code Florida Registration Number F03000001638 Florida Registration Number FEI Number: 06- 1689244 _ —� FEl Number: ❑ Applied for 0 Not Applicable Q Applied for Z� Not Appiicetblo I (we) the underaignad, being the aola (all the) party(es) owning irdwost in the abovs Bditlaun name, certify that the information indicated on this form iS true and accurate. In accordance with Section 865.09, F.S., I (we) underratend that ft slgnalure(S) below shall have the same legal effect as If nuide under oath. (At Least One Signature Required) BURE�A�VERITAS NORTH AMERICA: INC, 3gnaturc Data Signature or Owner Dow Burton K. Haimes, Secretary Phone Number. (212) 506 -5053. Phone Number: FOR CANCELLATION COMPLETE SECTION 4 ONLY: FOR FICTITIOUS NAME OR OWNERSHIP CHANGE COMPLETE SECTIONS 1 THROUGH 4: I (we) the undersigned, hereby cancel the fictitious name , which was registered on _ registration number and war assigned Signature of bwnor Date aratun of Owner Date Mark the applicable boxes ❑ Certificate of Status — $10 ❑ Certified Copy — $30 NON - REFUNDABLE PROCESSING FEE: $50 Singes CK41:001 (11 /M) L0 39Vd D=ld SSti -1 sn 99908LZBEZ 8E :9i 900Z/IZ/60 Agenda Item No. 16E2 November 28, 2006 Page 9 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E2 Item Summary: Recommendation to confirm and consent to the name change of contractor on Contract No. 04 -3588 titled Fixed Term Material Testino Services from Professional Engineering & Inspection Ce., inc. (PEICO) d.!b /a US Laboratories, Inc. to Bureau Veritas North America, Inc. Meeting Date: 11/28/2006 9.0000 .AM Approved By Steve Camell PurchasinglGeneral Svcs Director Date Administrative Services Purchasing 11/10/20069:34 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11114/2006 3:01 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/15/2006 9:48 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11/2012006 10:55 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/20/2006 11:38 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1 V201200 12:28 PM Commissioners Agenda Item No. 16E3 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000. OBJECTIVE: To approve budget amendments for the Courthouse Annex Parking Garage in the total amount of $400,000. CONSIDERATIONS: The project consists of a 1,130 space parking garage located at the Government Complex. On January 11, 2005 under agenda item 1 OB, the Guaranteed Maximum Price (GMP) of $16,539,700.00 was approved by the Board for contract # 04 -3576 with Kraft Construction, Inc. (Kraft) for the construction of the Courthouse Annex Parking Garage. The Site Development Plan Amendment was approved on February 4, 2005 and the building permit application was submitted on March 11, 2005. Construction began in June 2005 based on a phased work approval letter from the County Building Official with completion anticipated in June 2006. The building permit application was returned for additional information on July 20, 2005, October 20, 2005, December 30, 2005 and January 23, 2006. A meeting was held with County Building and Fire Officials in late February 2006, and a fire sprinkler system was mandated. Though all national and state codes were met without a. sprinkler system, the local fire ordinance water flow requirements drove the requirement to provide the sprinkler system. With the stipulation that a fire sprinkler system be provided, the building permit was issued on March 14, 2006. Though the garage structure was in place, the mechanical, electrical and plumbing work could not be started until the building permit was issued. The fire sprinkler permit application was submitted on March 29, 2006. The application was returned for additional information on May 15, 2006 and June 9, 2006. The permit was issued on July 20, 2006 and at least three months were anticipated for completing the fire sprinkler system. The cost of adding the fire sprinkler system is nearly $500,000 including design fees. Since a number of project costs are dependent on the duration of the construction, and the construction duration has increased from the original twelve months to sixteen months based on a late November 2006 completion, additional funds are needed. Some of the duration -based expenses are builder's risk insurance at $7,653 per month, inspection services averaging approximately $10,000 per month (on July 25, 2006, the Board approved a $33,085 change to work order #CHM- FT -05 -04 with CH2M Hill, Inc. under agenda item 16E10 for extended services), golf cart (tram) leases averaging approximately $1,255.00 per month and tram driver labor charges averaging approximately $3,200.00 per month. The main source of funding for this project is the General Government Building Impact Fee which is also funding the following projects: Fleet Facility, Emergency Services Center, Courthouse Annex and the North Collier Government Services Center (NCGSC). All but the GXonstruction & Capital Items\52010 Courthouse Annex Parking Garage \Word Files \Executive Summary for Additional Funding from Susan Usher.doc Agenda Item No. 16E3 November 28, 2006 Page 2 of 3 last of these are in the early stages and therefore have no funding available for transfer. The NCGSC has a current available balance of just over $90,000 with pending change requests from both the construction contractor and the architect. The secondary source of funding for this project is the County Wide Capital Improvement Fund (301) which also funds numerous renovation projects. These too are in the early stages and have no excess funding available. FISCAL IMPACT: Budget amendments are needed to complete the Courthouse Annex Parking Garage in the amount of $400,000. It is recommended that the additional funds are transferred into the project from the County Wide Capital Improvement Fund (301) Reserves in the amount of $100,000 and $300,000 from the General Fund (001) Reserves. The source of funds is ad valorem taxes. 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 approve the necessary budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000. PREPARED BY: Ron Hovell, P.E., Principal Project Manager GXonstruction & Capital Items \52010 Courthouse Annex Parking Garage \Word Files \Executive Summary for Additional Funding from Susan Usher.doc Agenda Item No. 16E3 November 28. 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E3 Item Summary Recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010 . rn the total amount of $400.000. Meeting Date: 11/28/2006 9:00.00 AM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 111141200612:04 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 111151200610:53 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/16/2006 10:53 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management a Budget 1 111 712006 1:06 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 11117/2006 3:52 PM Commissioners Agenda Item No. 16E4 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve the award of Bid No. 06 -4055 "Full Service Auctioneer" to Atkinson Realty & Auction, Inc. and Al Assets. OBJECTIVE: To obtain approval from the Board of County Commissioners to award Bid No. 06 -4055 to Atkinson Realty & Auction, Inc. (primary) and Al Assets (secondary) for "Full Service Auctioneer." CONSIDERATIONS: On September 15, 2006 the Purchasing Department solicited bids for a "Full Service Auctioneer ". On October 12, 2006 three (3) bids were received and opened. The bid received from First Coast Auction & Reality was deemed non- responsive. Analysis of the bids consisted of reviewing the commission returned to the County for Internet and traditional auctions. Staff has reviewed the proposals and recommends that the lowest qualified and responsive vendors be awarded Bid No. 06- 4055. Staff recommends that Bid No. 06 -4055 be awarded to Atkinson Realty & Auction, Inc. (primary) and Al Assets (secondary). A bid tabulation sheet is attached for your review. — GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. FISCAL IMPACT: Historically, annual income for Collier County auction sales is approximately $500,000. The auctioneer commission is paid from the auction sale revenue, and in general, net sales revenues are returned to the general fund or enterprise fund that paid for the acquisition of the asset. RECOMMENDATION: That the Board of County Commissioners awards Bid No. 06- 4055 to Atkinson Realty & Auction, Inc. and Al Assets for "Full Service Auctioneer." PREPARED BY: Joanne Markiewicz, Operations Manager, Purchasing Department app O M zN N L) U (1) @ ry @ N ° a) m OZ N a) Z Y Q d a) a) In O O LO IT ¢ E (o O C ,U -C U- N .T m � o C Lh O c ' N o O) r; 2 o = U 0 N T O @ U ¢ N O co z . Q) N > C O U y Z @ o 0 C U m N H N 3 w N 7 O O O O O O O O O O O O O O O O 000 N 0 0 0 00 c E 00 co 00 co 00 OO 00 00 r An Z N L- � a� U m 'm m c c o C V N a o > @ LL O - -0 ° O z y o w=_ M CD 06 Co -0o z C 0 3 o � Z c > @ � -O := U h c maa @ C > N CD EL o 3 > 0 C a>i N (1) C U ¢ o o 0 0 0 0 d 0 0 0 0 0 0 0 0 -00- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C •O — 0 00 0 OD 0 ¢ 0 co 0 00,00100 0 0 0 00 o O O O 00 O 00 C) CO 0 00 0 00 C) 00 0 00 O U C O O c > U N E Q CD � � O) N C � Y_ ¢ a c loo •C co N a) C CL N c O S �� N � :D •O 'O :O a U_ :O_ '_O U o 0 0 0 0 0 0 0 m m m m m m m m U Q Ln co m 0) 0) 0) O z O z O z O O z O z0 O z�60 O z c O c c c > a O U ::3 O L) O U o U c O Q) >, U a� c c j ) c� O O ( O c O o O U O U 0 p= p U N .= o c U _ o o v Q1 °U U o o U ` m ° Z O .(D o p O N � L) UU C� ° T U 0 , Co �0> 0 > '> O U 0 0 0 � Oo , o > •D O o U O O c d c ato ° a-- U E ° N U ° 0 0 ° V O E O'O o 0° O Oo_ _ O ) o � Oj W N o 0 M 0 O to N m 0) 0) 0) 0) O y Q U a) C.� u 0) Q) O p ° o rn EvcE rn rn > E m o o rn o f �o E rn 0 Q N U O) EA O@ U 0 0 0 0@ O@ O �) O@ mo VzU O° U V0 ER O 0 0-0 0@ O U) 0 0 (n C C 0° p C — °° C X 0 0° V9, LO -cn c c 2 6-.� 4r LO nc U E A U E fn Vi = 'Co in U) U@ ) U D N V) O C @ @ @ aQ @ @ @ @ @ @ N a @ a a) m _W, N a N _ 0 a U) V) U) (n U) U) U) (n 0 w w 0 w w w o O N O C-j ,O 4 O N T O @ U ¢ N O co z . Q) N > y Z @ o 0 C U m N H N 3 w N N > c @ N a) N @ (9 0 ¢ c E O M z m w a) r An Z N L- � a� m 'm m c c o C V N a o > @ O - -0 ° O z y o w=_ M CD Co -0o z C 0 3 o � Z c > @ � -O h c maa 0 > N CD EL o 3 > 0 C a>i N E O U ¢ C N N @ @ d ° N U) fl O c o 'p cu E p U ¢ O m E o W U) c CU ch E C O O c > U N E Q CD � � O) U ) a c •C co N a) C CL N c O S �� O a) 0) @ a- Agenda Item No. 16E4 November 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16.4 Item Summary: Recommendation to approve the award of Bid No 06 -4055 Full Service Auctioneer to Atkinson Realty & Auction, Inc. and Al Assets. Meeting Date: 11/28 %2006 9.0000 AM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 11/13/2006 3:03 PM Approved By Mike Hauer Acquisition Manager Date Administrative Services Purchasing 11113/2006 3:08 PM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing ;1113!2006 3:36 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11114/2006 3:06 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/1512006 9:50 AM Approved By Joanne Markiewicz Operations Manager Date Administrative Services Purchasing 11115/2006 11:48 AM Approved By Laura Davisson Management S Budget Analyst Date County Manager's Office Office of Management & Budget 11/15/2006 2:21 PM Approved By Michael Smykowski Management& Budget Director Date County Manager's Office Office of Management S Budget 11/1612006 10:45 AM Approved By Jaynes V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1lf16 /2006 6:03 PM Agenda Item No. 16E5 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve and execute the attached Second Amendment to Lease Agreement with Roger Carvallo c/o Sun Real Estate for the continued use within Court Plaza III for the Clerk's Finance Department at an annual rent of $80,347.44. OBJECTIVE: To obtain approval from the Board of County Commissioners to execute the attached Second Amendment to Lease Agreement with Roger Carvallo, c/o Sun Real Estate, to continue leasing office space for the Clerk's Finance Department located within Court Plaza III. CONSIDERATION: The Clerk's Finance Department (Finance Department) has occupied the entire second floor of Court Plaza III, located at 2671 Airport Road South, since October 1994. The leased space consists of 5,100 square feet. When the Lease was originally negotiated, the starting rent was below market value. The rent, which included Common Area Maintenance charges (CAM), has been increased annually by utilizing the Consumer Price Index. The square foot price, rounded off to $15.75, continues to fall below market rent value in the East Naples area for similar properties. Other buildings of this type, within the area, would yield between $20 to $25 per square foot plus CAM charges. The Clerk is requesting that the lease be amended in order to continue utilizing this location. The attached Amendment revises the term of the Lease to automatically renew annually following the expiration date of November 30, 2006. The County is permitted to terminate the Lease at any time by providing the landlord with thirty days written notice. The rent will continue to be increased each year utilizing the Consumer Price Index. The County will be responsible for all costs pertaining to janitorial services, pest control, air - conditioner filter replacement, phone service and electricity charges at the leased property. The attached Second Amendment to Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The annual rent, which includes all CAM charges, of $80,347.44 will be paid from General Fund (001) - 104010 - 644100. GROWTH MANAGEMENT: There is no impact on the County's long -range planning effort. RECOMMENDATION: That the Board of County Commissioners approves the Second Amendment to Lease Agreement with Roger Carvallo, c/o Sun Real Estate, and authorizes the Board Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Estate Services / Department of Facilities Management Agenda Item No. 16E5 November 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E5 Item Summary: Recommendation to approve and execute the attached Second Amendment to Lease Agreement with Roger Carvailo c/o Sun Real Estate for the continued use within Court Plaza III for the Clerks Finance Department at an annual rent of $80.347.44. Meeting Date: 11/28/2006 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 1111412006 11:45:51 AM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 11/14f2006 12:08 PM Approved By Ron Novell Principal Project Manager Date Administrative Services Facilities Management 11/14/2006 12:14 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 11115/2006 10A7 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11/1512006 11:23 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116/2006 10:51 AM Approved By Laura Davisson Management & Budget Anatyst Date County Manager's Office Office of Management & Budget 11116/2006 11:09 AM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 11/1712006 6:30 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1111712006 4:14 PM Commissioners Agenda Item No. 1 E5 !�}�,ic �{pglr 28, 2 On SECOND AMENDMENT TO LEASE Page 3 f 3 THIS SECOND AMENDMENT TO LEASE entered into this day of , 2006 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Tenant" and ROGER CARVALLO / SUN REAL ESTATE, whose mailing address is P.O. Box 7714, Naples, Florida 34102, hereinafter referred to as "Landlord." WITNESSETH WHEREAS, the Board of County Commissioners of Collier County, Florida, and Roger Carvallo / Sun Real Estate have previously entered into a Lease Agreement dated October 25, 1994, and a First Amendment to Lease Agreement dated January 2, 1997, collectively referred to as the `Lease Agreement;' WHEREAS, the LANDLORD and TENANT are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within the referenced Lease Agreement, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: If this Lease Agreement is not terminated prior to November 30, 2006, this Lease shall renew automatically for an additional twelve (12) months commencing on November 30, 2006 ( "Extended Term "), and Tenant shall be granted annual automatic renewals following the Extended Term, providing Tenant is not then in default of any of the terms of this Lease. Tenant shall be granted the right to terminate the Lease, at any time, by providing the Landlord with thirty -day written notice. 2. The base rent for the period of November 30, 2006 to November 29, 2007 shall be $6,695.62 per month. For each year following the Extended Term, the annual rent shall be increased pursuant to the terms in Article 4 of the Lease Agreement. The Tenant is tax exempt. 3. Except as expressly provided herein, the Lease Agreement between Roger Carvallo / Sun Real Estate and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised Premises described in the Lease Agreement dated October 25, 1994 and the First Amendment to Lease Agreement dated January 2, 1997, remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LANDLORD and TENANT have hereto executed this Second Amendment to Lease the day and year first above written. AS TO THE TENANT: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk AS TO THE LANDLORD: DATED: ��arUI __r Witness (Signature) 1TERa,j cRNOA?j 0 (Print Name) C (/Witness (Signature) / VV (Print Name) Approved as to form and legal sufficiency: TT6;nas C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: FRANK HALAS, Chairman Sun Real Estate —B Y. �1 oget arvallo Agenda Item No. 16E6 November 28, 2006 Page 1 of 10 -- EXECUTIVE SUMMARY Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the Emergency Services Complex (ESC) and South Regional Library at a site located on Lely Cultural Parkway in Collier County, Florida, and at a cost not to exceed $61, Projects 52160 and 54003. OBJECTIVE: To gain approval from the Board of County Commissioners to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD), to comply with their Permit No. 11- 00429-S-25 modification requirements, for the development of the Emergency Services Complex (ESC) and the South Regional Library on Lely Cultural Parkway in Collier County at a cost not to exceed $61, Projects 52160 and 54003. CONSIDERATIONS: On June 10, 2003, the Board approved a $1,859,000 design contract with Harvard Jolly for the design of the ESC at the Bembridge PUD on Santa Barbara Boulevard, Agenda Item 16E8. Three change orders totaling $21,750 have been approved administratively since the June 10, 2003, approval, and on July 26, 2005, the Board of County Commissioners approved Change Order Number 4 for $214,797.50. All the change orders to that date have related to design changes to the building and additional services for the Bembridge PUD Amendment. On May 24, 2005, the Board voted down the Bembridge PUD Amendment and directed staff to look at other possible sites for the ESC. On July 26, 2005, the Board discussed alternative sites, including the Lely site, and the Board continued the Item to the September 13, 2005, BCC meeting pending a revised agreement with Stock Development to allow the ESC at the Lely site. On September 13, 2005, Agenda Item 10H, the Board approved relocating the project to the Lely site along with a design contract change in the amount of $91,750 to site adapt the proposed ESC to a 20 -acre parcel of land located along the north side of Lely Cultural Parkway, approximately one -half mile west of Collier Boulevard. As part of the permitting for the Lely site, the SFWMD requires that a Conservation Easement be granted before a storm water permit modification is granted. The SFWMD, the Facilities Management Department, and the County Attorney's Office have reviewed and recommend approval of the attached Conservation Easement outlining the responsibilities of each party. The Conservation Easement shall run with the land and remain in full force and effect forever. FISCAL IMPACT: Funds in the amount of $61 for recording of the Conservation Easement are available in the project budgets and the sources of funds are General Government Building Impact Fees, EMS Impact Fees, General Fund, and Library Impact Fees. GROWTH MANAGEMENT IMPACT: This Easement complies with the requirements of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the attached Conservation Easement to the SFWMD; authorizes the Chairman to execute the Conservation Easement on behalf of the Board; direct the County Manager or his designee to proceed to follow all appropriate closing procedures; and to record the Conservation Easement in the public records. PREPARED BY: Jason Bires, Property Acquisition Specialist; Real Estate Services, Department of Facilities Management Agenda Item No. 16E6 November 28; 2006 Paoe 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E6 Item Summary: Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the Emergency Services Complex (ESC) and South Regional Library at a site located on Lely Cultural Parkway in Collier County. Florida and at a cost not to exceed $61.00: Projects 52160 & 54003. Meeting Date: 11128/2C06 9:00.00 .AM Prepared By Jason Bires Property Acquisition Specialist Date Administrative Services Facilities Management 1111412006 2:02:58 PM Approved By Ron Hovell Principal Project Manager Date Administrative Services Facilities Management 11/14/2006 3;22 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 11115/2006 9:00 AM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 11115120069:48 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1 111 512 00 6 10:42 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11116/2006 10:56 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 11/17/2006 5:09 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11/1812006 1;07 PM Commissioners Agenda item No. 16E6 November 28, 2006 Page 3 of 10 Project: South Florida Water Management District Emergency Services Center and South Regional Library Permit: 11- 00429 -S -25 Folio: 55425014105 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this day of , 2006, by Collier County, a political subdivision of the State of Florida, c/o Facilities Management, ( "Grantor ") whose mailing address is 3301 Tamiami Trail East, Naples, FL 34112, 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 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 ( "Property "); and WHEREAS, the Grantor desires to construct Emergency Services Center and South Regional Library ( "Project ") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ( "District "); and WHEREAS, District Permit No. 11- 00429 -S -25 ( "Permit ") authorizes certain activities which affect waters in or of the State of Florida; and WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or mitigate wetlands and/or uplands under the District's jurisdiction; 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 Easement as defined in Section 704.06, Florida Statutes, over the area described on Exhibit "A ". 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 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 "A" 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: Form No. 1190 Standard Rev. 03/2006 Agenda Item No. 16E6 November 28, 2006 Page 4 of 10 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 areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in this 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 Conservation Easement 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 Permit, the following activities are prohibited in or on the Conservation Easement: 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 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; e. Surface use except for purposes that permit the land or water area to remain in its natural or enhanced condition; f. Activities detrimental to drainage, 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 Form No. 1190 2 Standard Rev. 03 /2006 Agenda Item No. 16E6 November 28; 2006 Page 5 of 10 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. Grantor's Reserved Rights. 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 which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement, 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 of the Property. 7. Property Taxes. Grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this 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 the 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 the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute a lien against the Easement Parcel which shall automatically relate back to the recording date of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 8. Enforcement. 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 exercise 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. Assignment. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization or entity qualified to hold such interests under the applicable state laws. 10. Severability. 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. Terms and Restrictions. Grantor shall insert the terms and restrictions of this Form No. 1190 Standard Rev. 03/2006 Agenda item No. 16116 November 28, 2006 Page 6 of 10 Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Conservation Easement. 12. Written Notice. All notices, consents, approvals or other communications 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 successor -in- interest. 13. Modifications. 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 Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, 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 that 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 this 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 hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA Lm- ,Deputy Clerk Form No. 1190 Standard Rev. 03/2006 : Frank Halas, Chairman 4 COLLIER COUNTY November 28, 2006 Page 7 Of 10 EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY EXHIBIT "A " LEGAL DESCRIPTION CONSERVA77ON AREA 'A' OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 0.652 ACRE, MORE OR LESS AND A PORTION OF TRACT 'B' OF LELY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE NORTHEAST CORNER OF TRACT 'B' OF LEZY RESORT PHASE TWO, ACCORDING TO THE PLAT THEREOF RECORDED IN PUT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA,' THENCE RUN SOUTH 04'O3'03' WEST, ALONG THE EAS7FRLY BOUNDARY OF SAID 7R4CT B' FOR A DISTANCE OF 28.05 FEET TO A POINT ON THE BOUNDARY OF CONSERVATION AREA A' OF SAID PLAT,• THENCE RUN SOUTH 61701106' WEST, ALONG THE BOUNDARY Of' SAID CONSD?VA770N AREA 'A', FOR A DISTANCE OF 11749 FEET,• THENCE RUN SOUTH 10'2446' WEST, ALONG NE BOUNDARY OF S41D CONSERVA77ON AREA 'A, FOR A DISTANCE OF 8508 FEET • THENCE RUN SOUTH 32100'16' WEST, ALONG THE BOUNDARY OF SAID CONSERVA77ON AREA A , FOR A DISTANCE OF 64.90 FEET; 7HENCE RUN SOUTH 3210328' EAST, ALONG 7HE BOUNDARY OF SAID CONSERVATION AREA 4, FOR A DISTANCE OF 99.46 FEET; THENCE RUN SOUTH 73'21:11' EAST, ALONG THE BOUNDARY OF S41D CONSERVA77ON AREA V, FOR A DISTANCE OF 81.69 FEET TO A POINT ON 7HE EAST S&Y BOUNDARY OF SAID TRACT B'• THENCE RUN SOUTH 04'03'03' WEST, ALONG THE EAS7ERLY BOUNDARY OF SAID 77?4CT B', FOR A DISTANCE OF 30.74 FEET; 7HENCE RUN NORTH 73'21'11' WEST FOR A DISTANCE OF 99.71 FEET; 7HENCE RUN NORTH 25'04'10' WEST FOR A DISTANCE OF 121.21 FEET; THENCE RUN NORTH 19'5147" EAST FOR A DISTANCE OF 70.28 FEET; THENCE RUN NORTH 10'24'46' EAST FOR A DISTANCE OF 9354 FFET• THENCE RUN NORTH 61'01'06' EAST FOR A DISTANCE OF 134.26 FEET; THENCE RUN NORTH 88'03'44' EAST FOR A DISTANCE OF 14.26 FEET TO THE POINT OF BEGINNING; CONTAINING 0.308 ACRE, MORE OR LESS NOTES: 1.) BEARINGS SHOWN HEREON REfER TO THE EASTERLY BOUNDARY LINE OF 7RACT B' OF LELY RESORT PHASE 7WO, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 18 AT PAGES 43 THROUGH 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS BEING SOUTH 04'03'03' WEST. 2,) THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVA77ONS AND /OR RESIRIC77ONS OF RECORD. 3.) DIMENSIONS SHOWN HEREON ARE IN fFET AND DECIMALS THEREOF, SIGNATURE DATE SIGNED: ERIC V. SANDOVAL (FOR THE FIRM - LB -734) PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5223 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. M w 000"I p C-1 %I F, 9 0 %, 0 .0 p P' p P, CHNSUITIN6 environm !ntai.civiI. structural -survey 6621 Fort Har 11-H. Drive Myora, a 33912 (239) 273 -1992 FAX (239) 27a -0922 E -MAIL tkw Qticwonlina.com C—tilb —t on tt 734 EXHIBIT PAGE J A3F 3 * THIS IS NOT A SURVEY DRAW,V BY: REG I JOB NO.: 05719.00 1 SHEET 1 OF 3 I LEGAL DESCRIPTION CONSZRVY.r[ON AREA 'A' OF LILY RESORT PHASE T1P0 SECTION Z? MPArSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTZ FLORIDA DATE: SEPTEMBER 2006 1 DRAWING: 05719 -1 ILUM J November 28, 2006 COLLIER COUNTY Page 8 of 10 EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRARY EXHIBIT "A " 0 50' 100 SCALE IN FEET NORTHERLY BOUNDARY OF TRACI tt TRACT "B" LELYRESORT PHASE TWO (PLAT BOOK 18, PAGES 43 -45) S' le� LINE TABLE LINE BEARING LENGTH Ll S 61 001'06" W 11749' L2 S 10 02446" W 85.08' L3 S32 00076" W 64.90' L4 S 32 °03'28" E 99.46' LS S 73 °21'31 "E 81.69' L6 S 04 °03'03" W 28.05' til 0 �QQN �W b W�cW° 4 V L6 o 5 ° �Q � O V 1 a R �W U TRACT "C" 0 o LELYRESORT PHASE TWO (FLAT BOOK 18, PAGES 43 -45) j J m° m° J J EXHIBIT A PAGE 2—OF 3 * THIS IS NOT A SURVEY * pip PEE 6 DRAWN BY. REG I JOB NO.: 05719.00 1 SHEET 2 OF 3 L wwo, OPpppp, ® SKETCH TO A CCOMPANY LEGAL DESCRIPTION TIN CONSERVATION ,4AF4 "',1 "" OF LLLY RESORT PHf1ST T)F0 environmantal.clvll.structural -survey SECTION 22, TOA'NSIYIP 50 SOUTH,, )UMOF 26 E.4ST, n a z i H e r Mar n rave COLLIER COUNTY FLORIDA Fort My—, F lI —ICIM 33912 (239) 27s-1 S32 (�^X ( n30) 8- 922 ®rtifiGetlon �3< DATE: SEPTEMBER 2006 DRAWING: 05719 -1 COLLIER COUNTY November 28, 9 o 10 EMERGENCY SER VICES COMPLEX AND SOUTH REGIONAL LIBRAR Y EXHIBIT ► ►A ►► POINT OF 0' 50' 100' BEGLYMAW SCALE IN FEET 1,13 Zpwwr ,gg. NORTHERLY BOUNDARY OF TRACT B -L12 Ll TRACT "B" LZ LEL Y RESOR T PHASE TWO ti \ (PLAT BOOK 18, PAGES 43 -45) Z Q � w�a BUFFER EASEMENT AREA: 0.308 ACRE f �� L6 y LINE TABLE LINE BEARING LENGTH Ll S 04 °03'03" W 28.05' L2 S 61 001'06" W 117.49' L3 S1002446" W 85.08' L4 S32 °00'16" W 64.90' LS S31 °03'28" E 99.46' L6 S 73 °21'31 "E 81.69' L7 S 04 00. 7'03" W 30.74' L8 N73 °21'31" W 99.71' L9 N25 °04'10" W 121.21' LIO N19 °53'47 "E 70.28' Lll N 10 °24'46" E 93.54' L12 N61 °01'06 "E 13416' L13 N88 °03'44 "E 14.26' L7 .o .V U U TRACT ' ►C" e 0 o LELYRESORT PHASE TWO (PLAT BOOK 18, PAGES 43 -45) I m° m° it it 3 EXHIBIT' A PAGE 3 OF 3 *THIS IS NOT A SURVEY* pppl DRAWN BY. REC I JOB NO.: 05719.00 1 SHEET 3 OF 3 ® SKETCH TO ACCOMPANYLEGAL DESCRIPTION .4 PORTION w TRACT "B" of LFL r RESORT PHASL' T#10 environmental .civiI. structural -survey SECTION 22, TOAWSHIP 50 SOZfTX, )Z"49A' 26 EAST, 60 2n1nv39ft F o d n_i` COLLI R COUNTY, ZZORIA4 (239) 270 -1992 FAX (239) 278 -0922 DATE: SEPTEMBER 2006 DRAWING: 05719 -1 C.rtiflcation # 734 -•Xw s I ON 66 F. I 4 r IIII - A x a,• ,� ro t .rr ,-ti. , r Wt jE ail ,F W , y • 9 y d g 3 .. S ' � I ... � i a N �• �� �' �3 � sue, t+L! �u, M ��.� `I.P � �`'. p r', at .a:i'• b F° �• 8._." .,.E., •� t � `� ; r'�F�q b " �f ;�.f � w.'�'`'Pg.�?. -r��tk3� � ,a. R �* roL, ltk w a'➢ M sE _ � E` gN'h,^ -u. a'_arape�y�„n i ��+ '� "`& � �` � � � , E t �m dr ��� ? ate � �..R�•� "WPC 6'{i,''','" p " yyy� b > , �- `, E.e P ' ... w,.,.✓ �' i' 'W } "N tilt M kFyr VI�11 t $@,� C p �}Q 9 �4— W^`,;s; Q• �+:� t> - "Y ��h n i`t � i ' � ,�, � #' y z - „dr•�.i -,._.' x a Ad a. i f�•,ir'� � 4- �.P � +J= �,” } ' n , • "x $'&n .u�, p.s f.:'t{y." f•}4j 4 "�'f! AFwm *.�1 t� tO L�^ t�;*t � c 4q�+ ✓M ..'i� ^�, 'grq" �k"*� �� r ;e�" R, r+rw iPr.- -774--'r, J y .. ,7F s..w�..:.• �� :'.tea`. Agenda Item No. 16E7 November 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Southern Folger Detention Equipment Company as the sole source provider for the repair and replacement of the Naples Jail Emergency Gang Lock Release System, and authorize the issuance of a Purchase Order in the amount of $495,536.00. OBJECTIVE: To obtain approval from the Board of County Commissioners to approve Southern Folger Detention Equipment Company as the sole source provider for the repair and replacement of the Naples Jail emergency gang lock release system, and to authorize the issuance of a Purchase Order in the amount of $495,536.00. CONSIDERATIONS: Folger Adam was the original equipment manufacturer (OEM) for the emergency gang lock release system that was installed at the Naples Jail in 1985. Folger Adam merged with Southern Steel and is now known as the Southern Folger Detention Equipment Company. The emergency release system at the Naples Jail is in need of major repairs and component replacement in order to be 100% operational. The emergency release is a lever operated manual release system that can be used during a power failure. The system is designed to unlock all cells in a cell block at one time in order to remove the prisoners quickly and safely in the event of an emergency like a fire or natural disaster. Southern Folger Detention Equipment Company is the sole manufacturer of the repair parts for this emergency release system. FISCAL IMPACT: This project has been previously approved by the Board as a line item in the FY '07 budget process. Funds are available within the approved 301 Fund, "Jail Improvements ". GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approves Southern Folger Detention Equipment Company as the sole source provider for the repair and replacement of the Naples Jail emergency gang lock release system, and authorizes the issuance of a Purchase Order to Southern Folger Detention Equipment Company in the amount of $495,536.00. PREPARED BY: Bob Pierce, Project Manager, Department of Facilities Management Agenda Item No. 16E7 November 28, 2006 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ' Item Number: 16E7 Item Summary: Recommendation to approve Southern Folger Detention Equipment Company as the sole source provider for the repair and replacement of the Naples Jail Emergency Gang Lock Release System, and authorize the issuance of a Purchase Order in the amount of $495,536 D0. Meeting Date: 11 /28/2006 9.00:00 AM Prepared By Steve Darnell Purchasing /General Svcs Director Date Administrative Services Purchasing 1111412006 10:02:57 AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 1111412006 10:44 AM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 11/141200611:52 AM Approved By Scott Johnson Purchasing Agent Date Administrative Services Purchasing 11 114/2006 12:46 PM Approved By Steve Carroll Purchasing /General Svcs Director Date Administrative Services Purchasing 11115/2006 9:05 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 11/15/2006 10:52 AM Approved By OME Coordinator Applications Analyst Date Admnistrative Services Information Technology 11116/2006 11:00 AM Approved By Susan Usher Senior ManagementlBudget Analyst Date County Manager's Office Office of Management & Budget 1111 7!2006 11:37 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Mnnagemeni & Budget 1111712006 11:45 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 911i712QD6 4:21 PM 10/17/2006 10:48 FAX SoAhm F@Ijw Ystesiios Egnipa t Cry 49'34 So@& P • In AnftWe, Tx TZi-IM 219408-IM • FU 2164MM1 Tuesday, October 17,20W Collier County Department of Facilities Management Bob Pierce 3301 East Tamiami Trial East, Building W Naples, FL 34112 Mr. Pierce: Novem er 28. 2006 IO P$�6"�)f 6 Southern Folger Detention SqWO *fttaCWpi dy"Min t;lardware and locking devices for the detention and itmmatim iodua&y.,-W& at this iactighiikNuipment manufacturer of Southern Steel and Folger Adam locks- Md- lWkWV -A&v iees. Sgedorn Folger Detention Equipment Company is the sole manufimum o€vapais�lartoI fbethgft products. We have not authorized anyone to manufacture repoir*0 or keys 'for our products. Your security and liability is too important to us. Southern FOlger Engineering and Technical Services Divisions can enginosr and install a Southern Folger OEM retrofit upgrade for you manual release system on your mechanical locking de vices. As the manufacturer of this retrofit upgrade, only Southern Folger Detention iyuipment factory technicians can ecrti thw tmrstaginecred products have been assembled, ipstallcd and adjusted to factory Specifications,' fndVmvide a warrant}: for this wore:. Thank you for considering OEM factory dkectrpons i service. Southern Folger Detention Equipment Cdr any David Tidwell Regional Manager Coif ties of Betostien ExcMience rkgenaa item NO. 16E/ 10/17/2008 10:49 FAX Noven*gbj�06 f�age of 6 ttifitMrts/wN. tls�irtnln ti I�NM naaistoc.� tittmalr MondeY. May 08. 2006 Attu: Dave Nola$" FAX (238) 7833M Proposal: Collier County Detention Facility Looking Device Repairs We herby offer Southern Foiger Detention Equipment Company's tectukj s s,�; describec bellow: i. Base Proposal Scope of work r A t. We *11 repair and nerdy 152 each Forger Adam 2B Locking Devices and 8 each manual release systems assariialad witir,tt� . joc dev� as specified by area below. This work shall irrciudim; a. Furnish and instaV- upgMde corripawrils as required to bring locking devices and manual release back,to manuWcturers specification. Upcxm Completion Of this Miect these devkxs and tie associated manual release system will be returned t10 a serviceable conodibon and will be eligible for a manufacturers service program. Only Fgigss Adam OI~KII Mts will be used Ill @ills pro)ec. Only Sojbwm, F *4w Minn Equipment Comp=V can tarnish, intAM, certify and warranty tine proper operation of ttlese devices. Parts required irwuie, but are not amited b: Cotter AM 3J32 —x 3/4— SS- SwitohUcro Bz- 2RW863A2 Washer 1 Fiber 'Fnrque Limiter Friction Pad --Deadlock Actustor RH Deadlock Aebaalor LH Lock Head Assembly Looking bead Roller Lock Head Railer Stud Spring Deadlock RH Spring Deadlock LH Rotary Bolt Assembly Deadlock Cam Assembly LH Reverse Masher Bar — Standard Door Roller wl %- Bearing Deadlock Cam Assembly RH Reverse Torque Limiter Bushing Bracket — Cable to Housing and KR to Cabinet Bracket — Master Bar to Cable Travel Bar Spacer Galv. 2B 8 Series Push Pull Cable @ 80' 8 Series Push Pull Cable @ 84 8 Series RAsh Pull Cable @ 197 10/17/2008 10:49 FAX Page 2 November 28, 2006 Qa,9Df 6 8 Series Push Pull Cable Q here' 8 Series Push Put Cable @ 218" Breech handle Assembly ROW Bracket Assembly Roller Assembly b. Wort; to be performed in each area as spedited below. Area 28 —14 each FA 2B locking device and i each Manual Release System Area 5A — 24 each FA 213 looking davidw and 1 each Manual Release Sysjent Area 5B —12 each FA 28 looking 4101000 and t each MwNJW RDiaese System Area 6A — 26 each FA 213 locking device and 1 each - Mama! Release System Area gB — 215 each FA 2B loc"M device and 4 each Matwal Release System Area 7A —10 each FA 213 k>ciking device and 1 eacdh il48nuat ROk!'iss System Area 7B —14 each FA 2B loclOnQ &MOO Vid ! each Marnual-ReM►ase System Area 7C — 28 each FA 26 kx,ki v device and 1 each Marxrat Release System f . C. All labor. tools, and ancillary expenses required to cp 1ph to the scope of world as described herein. d. Al engineering and drafft hears regtred'tp design. engineer, and mameacture the parts [Wed herein 9. AN project maweagement houm- regemed to successlutty complete tthe project as described herein ` f. A4 7ravei expenses Including, airfwp, rangy vehicles, kxi . travel m815 and any other incklentat expensm - �.r ',tc �. , t12r •:f.: - ' Sfo ':1i�: ° iD '.l:!_: :'.L= A�47S�ip pa -`u� ertyY1IIn! lx�nds !f tttd is riretf �tdd (165°16 tct our g_ni 1. Due to-the nature'of ih948cilitY, two Is limited access to the work areas. Our pr�rpo�sat arrtlapafias a toms d one hour per day of lest time for faddy aCOsa DeJigtiOrrs from this item will affect our prim 7:- The tnsWatida of the new manual release bnadcafs and. Possible resetting Of a Waited rnxnt er of doors may require Maine and wetding. Prior to any cutting or welding 6p(rations, Coffer County Maintenance will be required to test the Part for lead content. It lead is present Collier County will be required to rernove all paint where cutting and welding Is to occur. 3. Standard lead -time for replacement Parts Is 8 -10 weeks. However, upon receipt of a signed purchase order, a confirmed delivery data will be praAded. C tAin cpegffi alkv exclude the foikmdnu: 1. Finish paint and painting 2. Caulk and caulking 3. An non - security sealants 4. Any electrfoal or electronic controls work 5. Abatement of hazardous materials 6. Any door hardware not specifically Identified in this propoea! 7. Grout and grouting a. Rebar through frames and andvxs J. All structural steal rnembers unless specifically meted above 10. Prime and finish paint touch -up and cleaning. We will touchAV surfaces which have been disturbed by our welding on Items we Install only- 10/17/2006 10:49 FAX November 28, 2006 lb Clef 6 Page 3 11. Refuse containers and trash removal from site 12. Portable Collets 13. Temporary utilities 14. POMr ts, Pern* fees and Special kense requiremerns 15. Testing and inspadkins and any associated fees 16. AN alowanoes 17. Sales and use tax 1. Our props" Is based on execution of a mutually agr"ble' arrccerltrack which will incorporate Oft proposal In its entirety. 2. Duns from 11"iso Berns could affect our ;)r9Po90dT 3. We will engineering � ` •i l begin upon an Initial k�r itf.�Cro®rtetto lmontr�fat with a notice to proceed until we receive your executed conbapt. , 4. Our pinPOfsat is based on hti ine "A* ar S bo, F sped8c nurnber of ceia each day. In order for us to perfortri of itie ceft we are working on each day shall be vacated *X" me ir latk)ii pseuds. Deviations from this item win affect Our pride. 5. Subsequent to 00rrtPft0at Of parts, upgrade,0n each device, and ntarn W release system the device shalt be sdJusted to fly r pedffications, tested using; Sour ern F0kWtfttn9equtPrrl0nt and then► certlMd es conpleted work bye logs canmittee of Collier County Maintbnance designe dTepresenta*,*s) and Southern FojW designated representattve(s). 6. Onty Soul m"i FdIg0r Uebnt i4a ErgnipnmwM can upgrade. repair, and cer ft Fotg.r Ad*n locking Systems. IN. pricing A. Price:' [30 {[} t45 SxS# If you have gr,re09rfr: a40ve-, Please cal 210/533 -1231 or ►try direct lute at 2101531 -2729. Best Regards_-.. SOUTHERN FPLGER OE''t't NUDN EQUIPMENT OOMPANy A Sulnidlajy of?helph- TNnb3ryhrc. h'M._ S�eeire Hof Servk Wand Maintenance COWIDG TIAU Y NOTICE Thle WGw and any saeetriwre eoreae a onrkireal Irramsriw,, ,MYen r. tnunded oNy for a�. nen,sd redrMeegsy am M p►ri•O+d. Any d.aoree oop*q. dW&tmroon or ace t+� of any atdkn Conow""oorntsne I>,r n. by arnar�s cater ftm ak named nclplerwlay k aarctry wnrearee 7rseWr�sety- toads•iswtsrrsaaar>ae•. row.( 500Ns Mf0prpdadssF gWfrrnrCevpanao.saditn a user►Onasa) 7EWI.ATBwFWMA 13"x16 IAED W&i 8E AT T!E t Yi R!K Taslprd M twtsrssl pass errJrt}r r wN rss�ASr eider ssu ArA�w� sdw dAL Asrenrn r'arn taob~ BpANNnsd Cam"MV twrvrfaArhlbeni /11r�WSiiinr�rswtasY M�r.anOtA�sq MMSaMns. WTE'1ML1MLL t1E �hIiPEIINACCQfON#WIrKTF1E T8N'tliTBi Utit�iOR BACK IPECAC .ltle_ TM Drlydn Bgrpnrs Cd�eacbrri ti iwvviiwAra•k` axnireon d ba hndrar♦ rr+.a,ar. bY, Nwr �. u� one tar rsraM. Agenda item No. 16E8 November 28, 2006 EXECUTIVE SUMMARY Page 1 of 15 Recommendation to approve Change #3 to contract #05 -3852, "Design and Related Services for the South Regional Library" with Schenkel Shultz Architecture, Inc. for additional design services related to changes in exterior and interior design, in the amount of $64,420, project 54003. OBJECTIVE: To approve Change #3 to contract #05 -3852, "Design and Related Services for the South Regional Library" with Schenkel Shultz Architecture, Inc. for additional design services related to changes in exterior and interior design, in the amount of $64,420, project 54003. CONSIDERATION: The Board approved a $623,950 design contract with Schenkel Shultz Architecture (SSA) on October 11, 2005, agenda item 16E2. Changes #1 and #2 were approved for a total of $28,090 in June 2006 to change the design style to "Old Florida" and to provide a rendering. A meeting was held with Commissioner Fiala and interested citizens on September 15, 2006 and the exterior elevations were reviewed. Based on those discussions, additional changes were made to the exterior design and those changes were presented at a follow -up meeting held on September 29, 2006. A change to the Site Development Plan application as well as the construction documents are needed to complete these changes. Additionally, the original interior design proposal was based on limited color schemes throughout the library. Based on project team input, multiple color schemes were chosen. SSA submitted a design change proposal in the amount of $64,420 along with appropriate justification. FISCAL IMPACT: The funds for this contract change are available from the project budget and the source of funds is the Library Impact Fee. GROWTH MANAGEMENT IMPACT: This project will help the Library Department maintain 0.33 square foot per capita as required by the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change #3 to contract #05 -3852, "Design and Related Services for the South Regional Library" with Schenkel Shultz Architecture, Inc. for additional design services related to changes in exterior and interior design, in the amount of $64,420, project 54003 and authorize the Chairman to execute the change. Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department Agenda Item No. 16E8 November 28. 2006 Page 2 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1GE8 Item Summary: Recommendation to approve Change #3 to contract #05 -3852. Design and Related Services for the South Regional Library with Schenkel Shultz Architecture, Inc for additional design services related to changes in exterior and interior design in the amount of $64,420, Project 54003. Meeting Date: 11/28/2006 9:00.00 AM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 11/1412006 10:47 AM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 11/14/2006 12:06 PM Approved By Steve Carrell Purchasmg*enerai Svcs Director Date Administrative Services Purchasing 11115/20069:11 AM Approved By Len Golden Price Administrative Services Administrator Dale Administrative Services Administrative Services Admin, 11115/2006 10:55 AM Approved By OMB Coordinator Applications Analyst date Administrative Services Information Technology 1111612006 11:01 AM Approved By Susan Usher Senior ManagententlBudget Analyst Date - County Manager's Office Office of Management & Budget 11/17/2006 11:32 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/17/2006 11:52 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/17/2006 3:01 PM Agenda Item 1Jo. 16E8 ovember Date: Tuesday, November 14, 2006 E- Mailed To Bonnie: Tuesday, November l,', 2Q @63 of 15 THIS ITEM WILL BE REPORTED TO THE BCC, LOG ONLY FOR FINANCE. Project Name: Design and Related Services for the South Regional Library Project Number: 54003 BID /RFP #: 05 -3852 Mod #: PO #: 4500054655 Work Order Number: NA Contractor /Consultant: Schenkel Shultz Architecture Original Contract Amount: $ 623 950.00 (Starting Point) Current BCC Approved Amount: $ 623 950.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 652.040.00 (Including All Changes Prior To This Modification) Change Amount: $ 64.420.00 Revised Contract/Work Order Amount: $ 716.460.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 92.510.00 Percentage Of The Change Over /Under Revised Contract Amount: 14.83 % Overview of change: To provide for additional services to the Consultant. Based upon a interior design concept based on limited color schemes, the project delivery team ultimately chose multiple schemes that required the architect and their subconsultants to spend more time on this project. Also included in this change order are additional changes to the site design and exterior architecture were modified by the direction of a Commissioner and the County Manager. Also included in this change order is a time exte ion to the contract by three hundred seven (307) calendar days. The final completion date is now October 1, 2008. Contract Specialist: Date: i L. Jack n Best Scanned Date: !` 1 Data Entry Information: Type of Change: Contract Project Manager: Ron Hovell Department: Facilities Management Change Category Type, Circle One Below: l.. Planned or Elective Q2. Unforeseen Conditions 3. Quantity Adjustments 4. Correction of Errors 5. `Value Added 6, Schedule Adjustmeipts Revised 7/11/05 n CONTRACT/WORK ORDER MODIFICATION Agenda Novmber No. , 2006 CHECKLIST FORM Page 4 of 15 PROJECT NAME: South Reglonal Library PROJECT* 54003 BID /RFP #: 05 -3852 MOD #: 3 PO #: 4500054655 WORK ORDER #: n/a DEPARTMENT: Facilities Management CONTRACTOR/FIRM NAME: Schenkel Shultz Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: Change Amount: (Starting Point) $623,950__00 (Last Total Amount Approved by the BCC) $652.040.00 (Including All Changes Prior To This Modification) $64,420.00 (Revised ContractlWork Order Amount: $716,460.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $92,510.00 Percentage of the change over /under current contract amount: 14.83% Formula: (Current Amount / Last BCC 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 $200,000 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. Date of Last BCC Approval October 11, 2005 Agenda Item # 16.E.2 CURRENT COMPLETION DATE (S):ORIGINAL: 12131/07 CURRENT: 10/1/08 SUMMARY OF PROPOSED CHANGE (S)• Identify the changes The original interior design concept was based on limited color schemes The Drolect delivery team ultimately chose multiple schemes that required the architect and their subconsultants spend more time on this protect Additionally the site desiqn and exterior architecture were aclaln modified by direction of a Commissioner and the County Manager. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional fees are owed due to the directed changes PARTIES CONTACTED REGARDING THE CHANGE: Purchasing: Linda Jackson Facilities: Skip Camp Blake Thomas Library Marilyn Matthes 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 MANM COMMENDATI N• This form is to be signed and dated. APPROVE BY: Date: l C Project Iaa{ge , REVIEWED BY: Date: Id/ 0 ntr Spec' ist Revised 4/25/2005 . CHANGE ORDER CHANGE ORDER NO. 3 TO: Schenkel Shultz Architecture 2640 Golden Gate Parkway Suite 112 Naoles FL 34105 Attn: Jim Waterman AIA DATE: November 6 2006 PROJECT NAME: South Regional Library PROJECT NO.: 52534 Under our AGREEMENT dated October 11. 2005. Agenda Item No. 16E8 November 28, 2006 Page 5 of 15 CONTRACT NO. 05 -3852 BCC Date: October 11, 2005 Agenda Item: 16.E.2 You hereby are authorized and directed to make the following Change(s) in accordance with terms and conditions of the Agreement: The interior design concept was based on limited color schemes, the project delivery team ultimately chose multiple schemes that required the architect and their subconsultants spend more time on this project. Additionally, the site designer and exterior architecture were again modified by direction of a Commissioner and the County Manager. FOR THE Additive Sum of: Sixty -four Thousand Four Hundred Twenty Dollars ($64,420.00). Original Agreement Amount Sum of Previous Changes This Change Order (Add) (Deduct) Present Agreement Amount $623,950.00 $28,090-00 $64 420.00 $716,460.00 The time for completion shall be increased by 307 calendar days due to this Change Order. Accordingly, the Contract Time is now One Thousand Sixty One (1061) calendar days. The substantial completion date is September 1, 2008 and the final completion date is October 1. 2008. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: 11-1.3 , 2006 CONTRACTOR: Schenkel Shultz Architecture By: Gafr. Kr, ger, AIA, Prin6pal OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Frank Halas, Commissioner Approved As To Form and Legal Sufficiency: Print Name: Assistant County Attorney Agenda Item No. 16E8 November 28, 2006 Page 6 of 15 PROJECT MANAGER By: Ron P. Hovell, P.E., Project Manager DE PA MEN DIREC O By: Skip Camp, CFM, Director Department of Facilities Management DIVISION ADMINISTRATOR By: Len Price, Administrative Services CONT CTS CIALIST By: ,t JUJa7rn Best, Contract Specialist SCHENKELSHULTZ 0 0 A R C H I T E C T U R E❑❑❑ DATE: October 30, 2006 TO: Mr. Ron Hovell, Project Manager Collier County Government Department of Facilities Manager Facilities Management Bldg. W. 3301 East Tamiami Trail Naples, Florida 34112 FROM: James W. Waterman, AIA SCHENKELSHULTZ RE: South Regional Library Naples, Florida COMMISSION NO: 0520834 Agenda Item No. 162E8 November 28, 2006 Page 7 of 15 additional services SCHENKELSHULTZ, Inc. is pleased to submit the following proposal. The scope of work and compensation for the project is described below. If the proposal is acceptable, please sign and return one copy for our files. Scope of Work: Additional Services to provide Architectural, Interior Design, Civil, Landscape, Mechanical and Electrical Engineering revisions to the previously approved Design, Construction Documents and SDP submittal. The revisions include: 1. An amendment to the SDP submittal to reflect new design information, to be issued upon approval of the existing design documents on File with Collier County Government. 2. Design modifications to the building roof and South facade per direction in the 9/15/06 project meeting held in Commissioner Fialas office. A revised design was presented to the Commissioner and approved on 9129/06. 3. Required revisions for all disciplines due to the redesign, per item #2 above. Note that construction documents have been in progress since the project budget meeting and approval of 8/3/06. 4. Expanded interior design services required to support the Owner's request for enhanced design and construction documents, furniture selections, bidding, construction administration and furniture/finish installation observation services. Special Conditions: Time extension of the 100% construction document deliverable is requested from the current date of December 1, 2006 to a revised date of December 22, 2006. Compensation for Services: Sixty -four Thousand Four Hundred Twenty Dollars and No/ 100 ($ 64,420,00) 1. Revisions for SDP Resubmittal. $ 16,915.00 2. Exterior Design Revisions. $ 9,725.00 3. Construction Document Revisions. $ 16,100.00 4. Expanded Interior Design services. $ 21,680.00 Refer to attached hourly breakdown dated 10130/06. Reimbursable expenses such as printing and postage to include courier services shall be billed at 1.0 times the actual cost of such expenses. SCHENKELSHULTZ – Naples • 2640 Golden Gate Parkway, Suite 112 • Naples, Florida 34105 Phone 239- 434 -2400 • Fax 239- 434 -2133 • www.cchenkelshuly.com • Architectural License AA- 0000937 G.\0520000\0520834 South Regional Library \DP`..4S Owner 103006 Design CD k SDP Revisions j— 0520834.doc Page 1 of 2 Agenda Item No. 16E8 November 28, 2006 Page 8 of 15 SCHENKELSHULTZ ❑❑❑ A R C H I r E C i U R E❑❑❑ Please indicate your acceptance in the space provided and return one signed copy for our files. Accepted by: Accepted by: SCHENKELSHULTZ Collier County Government James W. Waterman, AIA Associate Principal Signature J W W /cfm Name and Title (printed) cc: Gary Krueger /SCHENKELSHULTZ 0520834 /contract file Date SCHENKELSHUL17 — Naples • 2640 Golden Gate Parkway, Suite 112 • Naples, Florida 34103 Phone 239 - 434 -2400 • Fax 239 -434 -2133 • www.schenkelshuitz.com • Architectural License AA- 0000937 GA0520000t0520834 South Regional Libruy\DP%AS Owner 103006 Design CD & SDP Revisions jww 0520834.doc Page 2 of 2 Agenda Item No. 16E8 November 28, 2006 Page 9 of 15 SOUTH REGIONAL LIBRARY ADDITIONAL SERVICES Design, Construction Documents and Site Development Plan (SDP) Submittal Revisions 10/30/2006 Hourly Breakdown 1. SDP Resubmittal Revisions: Civil Engineer 112 [hrs @ $85.00 /hrs = $9,520.00 Technician 17 /hrs @ $75.00 /hrs = $1,275.00 Project Manager 6 /hrs @ $150.00 /hrs = $900.00 Subtotal Civil $11,695.00 Architect Project Director! Manager 12 [hrs @ $110.00 /hrs = $1,320.00 Project Architect 24 [hrs @ $100.00 /hrs = $2,400.00 Subtotal Architect $3,720.00 Landscape Architect Principal 12 /hrs @ $125.00 /hrs = 1500.00 Subtotal Landscape $1,500.00 Total SDP Resubmittal Revisions $16,915.00 2. Exterior Design Revisions: Architect Project Director / Manager 24 /hrs @ $110.00 /hrs = $2,640.00 Project Architect 70 [hrs @ $100.00 /hrs = $7,000.00 Clerical 2 /hrs @ $42.50 /hrs = $85.00 Subtotal Architect $9,725.00 Total Exterior Design Revisions $9,725.00 3. Construction Document Revisions: Civil Engineer 8 /hrs @ $85.00 /hrs = $680.00 Technician 4 /hrs @ $75.00 /hrs = $300.00 Subtotal Civil $980.00 Structural Principal Engineer 1 /hrs @ $175.00 /hrs = $175.00 Project Engineer 4 /hrs @ $110.00 /hrs = $440.00 Cad Operator 2 /hrs @ $70.00 /hrs = $140.00 Subtotal Structural $755.00 Architect Project Director/ Manager 16 /hrs @ $110.00 /hrs = $1,760.00 Project Architect 39 /hrs @ $100.00 /hrs = $3,900.00 Architect 28 /hrs @ $85.00 [hrs = $2,380.00 Cad Operator 78 /hrs @ $70.00 /hrs = $5,460.00 Clerical 2 /hrs @ $42.50 /hrs = $85.00 Subtotal Architect $13,585.00 MEP/FP Project Manager 2 /hrs @ $110.00 /hrs = $220.00 Senior Engineer Designer IV (electrical) 4 /hrs @ $90.00 /hrs = $360.00 Cad Operator 4 /hrs @ $50.00 [hrs = $200.00 Subtotal MEP/FP $780.00 Total Construction Document Revisions $16,100.00 1k s- f= yens lftm- projects1052000010520834 South Regional Library DP1AS Design CD & SDP Revisions Hrly Breakdown 103006jww 0520834.xis Page 1 of 2 Agenda Item No. 16E8 November 28, 2006 Page 10 of 15 4. Expanded Interior Design Services Architect Project Director / Manager 4 /hrs @ $110.00 /hrs = $440.00 Project Architect 8 /hrs @ $100.00 /hrs = $800.00 Cad Operator 8 /hrs @ $70.00 /hrs = $560.00 Clerical 2 /hrs @ $42.50 /hrs = $85.00 Subtotal Architect $1,885.00 Interior Designer Principal 96 thrs @ $125.00 /hrs = $12,000.00 Senior Designer 45 /hrs @ $85.00 /hrs = $3,825.00 Technical Support 60 /hrs @ $65.00 /hrs = $3,900.00 Clerical 2 /hrs @ $35 00 /h— = 70 00 TOTAL Subtotal Interior Design $19,795.00 Total Expanded Interior Design $21,680.00 $64,420.00 N\ss• ftmyers lftrn- projwu\05200000.520834 South Regional Ubrary\DPUS Design CD B SDP Revisions Hrly Bmatdown 703006 jww 0520834.z1a page 2 of 2 Age 17 a 1lC11I I U. au` Nove P u?/i a�15 11/01/2006 09:09 FAX 2394342133 SCHENKELSHULTl STANDARD AGREEME2VT FOR PROFESSIONAL SERVICES SHORT PORM chenkel Shultz Architecture- Inc. Client 6640 Golden Gate Parkway Suite 112 4Wles Florida 34105 South Pional Library Project Name Project # 05720.02 Pax:# 091278 -0422 tnn: Mr. Jim W Lerman Date: 10 3106 )ROJECT ADDRESS: Lel Culture! PaFkwav 'ROJECT MANAGER. Daniel P. 'ERTINENT DATAIINFO; Photoatetrics and I.i tiug b3' others �LIENT requests and authorizes TKW Consulting Engineers, Inc., to perform the following services: iCOPE Pre are and u t Modification toe ' Sou Water Mae nt ._. __. ... ni._ D__4 COMPENSATION by the CLIENT to TKw to be on A lump sum asis in the amount__of All costs of sales, out -of- pocket expenses, taxes or other direct costs will be added to ENGINEER'S compensation when invoicing CLIENT. CLIENT is directly responsible to governmental utility permits and outside consultants for associated fees. If ENGWEER is asked by CLIENT to pay such fees, a 10% surcharge will be charged to CLIENT for such service. Please see reverse side of this document Services covered by this agreement will be performed in accordance with the PROVISIONS stated on the reverse of this form and attachtnents or schedules. This agreement supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. This contract will expire if not approved within ninety days of the preparation date. Other authorized representatives to act on thus contract. Approved by CLIENT Title Accepted for TKW Consulting Engineers, Inc. D ' 1 . Johnso Civil En 'n na r Data Date 0/2310 Plessc sign borh originsO and mtum to oar office. we will d— -Owl* and retur" one original l0 your offices think you. 1110112009 09:09 FAX 2394342133 Waterman, Jim From: Jared Lesser 5ared.lesser online.coml Sent: Tuesday, October 24, 2006 8:14 AM To: Waterman, Jim Subject; RE: SRL add services proposal Revised per your request. SCHENKELSHULTZ November 28, 2006 PaaoolbAOrL Page 1 of 2 Here is the hourly breakdown for the civil fee S 13,200.00 Redraft CARD baseplan for site plan revisions Relocate drainage system Revise grading plan Redraft grading plan Revise storm hydraulic calos Update land area Wes and add to plan. Revise wtr mgmt plan to match updated area talcs Update plot files for SDP Amendment Update plat files for ER.P Letter Modification SDPA / ERP Submittals/Permitting Prepare Construction Documents Revise landscaping Plans QA/QC TOTAL * Assumes SDP Amendment is required Jared Lesser E.I. Project Engineer jared.iesser0tkwoniinexorn TKW Consulting Engineers, Inc. 5621 Banner Drive Fort Myers, Fbrida 33912 Tel: (239) 278 -1992 Fax: (7-39) 278-0922 httn • /Iwww�ticweniine.c�1 From: Waterman, Jim I rn8 irW -watertnanCIschenknlshukz.corn] Seat Monday, October 23, 2006 5:19 pM To: Dan Johnson Cc, Jared Lesser -- Subject: SRL add services proposal 12 br erigr @ 85/hr 1,020.00 2 hr engr @ 85/hr 170.00 4 hr engr @ 85/hr 340.00 4 hr tech @ 75/hr 300.00 2 hr cngr @ 85/hr 170.00 4 hr tech @ 75/hr 300.00 4 hr engr @ 85/hr 340.00 3 hr tech @ 75/ht' 225.00 2 hr tech @ 75/hr 150.00 88 hr engr @ 85/hr 7,480.00* 4 hr tech @ 75/hr 300.00 LS @ 1,500.00 6 hr proj Mgr 150/5r 900.00 13,195.00 genaa iiefyl Ru. I oco 11/01/2006 09:09 FAX 2394342133 SCHENKELSHULTZ Nover 6-,'A, ?006 -31 nc me ILA r•� STANDARD AGREEMENT IrOR PROFESISIONAL S1F:RV[CES CItORT FORM �chrttkCl,�pll�. Irtc. ___, _ Client jytr_ �omcnWrtcrmnn 264 (; o l den C�{tXo 4'_ +rkway C'ojjiorSol eg,Onai_RCVis10t1 _, Project Namc Project iJ 05281 n 1 , _ Ph: # (219) 4 4 -24001 Ftx.# (?3_� 9) 434 -21 ;3 TNnrl4,;r,LL 34105 Date' OCtQhOr 17, 20t1 Kc•vi�er! !I /3 //N _ PROJL'C"l' ADORES$: -Coll icr,Lori¢a PROJE'UT MANAGF..K: Shg-%En PERTMINT DATkIINFO: C'LIF.NT mquests and authorixcs TKW Consulting Engineers, Inc., to perform the following; services: SC'f)P1i, }Lovisc ,ejt ucl�eral. dtftwingg t47r ne�v rinnJ�ty< C'OMPENSA,rm by Utz CLIFNT to TKW to be on iamp Sum S75LQ -Q— ,— All cQAN of sales, twt -of- pocket expenses, taxes or other direct costs will lx: added to KNOINELR'S compensation when invoicing MIF_.NT. CLIENT is direudy responsible tp governmental utility permits and outside consultants for ammciawd r4xt:. it ENGTNUER is asked by CLIUNT to trey such fees. a 10% surchyrim will be charged to CI,l ENT ftrr Koch service. UTt II:R "t't;RM�: Nlcase:,t;Ca rcv_cr5�,d�,t>:r Ihts docun� __, r„_ „„ Services covered by this agreement will be performed in aeerw&nce with the PROVISIONS Scaled on rhet rcversu or this form and attachments or schedules, This a6weatncnt supersedes tell prior agreements and understandings and may only be changod by written mviendmunt executed by both parties. This contract will expire if not approved within ninety days. ol'the preparation date. Other authorived representativcs to act on this contract. Approved by Cl.l RNT Sidled_ Mime- Accepted for TKW Consulting 1:ttginecm- Inc. Name �.. ThIC — - -- Date _ _ _ _ Dale t'Ic:4te c;�.n Ix+1h ur1l!innLs aa! nu4m 10 uur u[ru:e WC w ;It then Occult and tVtufn uiw rci6lpol In yroe nlree TWIll: vnu 11 /01/2006 09:09 FAX Agency 2394342133 SCHENKELSHULTZ November 28, 2006 Pa o040085 Matern Professional Engineering, P.A. Project Proposal Date: October 31, 2008 To: Jim Waterman Firm: SchenkelShultz Fax #: (407) 872 -3303 Front: Lannie Farmer Firm: MPE Phone #: 239 -332 -1187 Project Name: Collier County South Regional Library MPE #: 2005 -092 -02 Copy to: PemNJD1TE/KS /GF Cotrfldentislity Notice: The infornrMon contained In this facsimile message is legally privileged and confidential and is intended only for the use of the individual: or entity named above. If the reader of this message is not the Intended recipient, you are hereby notified that any dissemination, distribution of copy of this facsimile is strictly proiwbited. If you have received this facsimile in error, please immediately notify us by tek *w* at (407) 740 - 5020 and return the original message to us at the address below vie United States Postal Service. Thank you. Please notify the writer If all pages; are not received Basic Project Scope- * Construction Document Revisions. v Contract is to be per Master Agreement between MPE and SchenkelShultz. Scope of Services: a Additional electrical work due to the addition of a porch. Discipline Hr Rate Hours Total Sr. Electrical Designer $90.00 4 $360.00 CARD $50.00 4 $200.00 Pr0J. Mgr- $110.00 2 $220.00 Total $780.00 Please call if you have any questions. 20T0 McGregor Blvd. Ft. Myers, Fla. 33901 Tel (239) 332.1187 Fax (Z39) 332.5105 CAVOCUMENTS AND SETTINGSIWATERMAMLOCAL SETTINGSITEMPORARY INTERNET FILMOLK133 %22006.082- 02- 80UT14- REGIONAL -LID -PORCH ADDITION_ BREAKDOWN, DOC 11/01/2006 09:09 FAX 2394342133 SCHENKELSHULTZ PROJECT NAME - Collier South Regional Library WDO ADD SERVICES Expanded Interior Design Services - Job No. 0520834 Construction Documents PH IV CAD Drawings Tech Finish Specifications Sr Des Coordination with Architect Prin Meetings Prin clerical Admin Furniture Selections PH IV Design Selections Specificationslbudget work Meetings Bid A Construction PH IV RFI's, Submittals, Shop Dwg Review CAD Site Visits, Meetings Management Const Admin - PHV Site Visits RWrt, follow up Total Proposal Amount BUDGET Hours HourtV Rate _Subtotal 40 $66.00 $2,600.00 19 $85.00 $1,815.00 14 $125.00 $1,750.00 10 $126.00 $1,250,00 2 $35.00 $70-00 $7,285.00 34 $125.00 $4,250.00 14 $85.00 $1,190.00 10 $125.00 $1,250.00 $6,690.00 12 585.00 $1,020.00 20 $65.00 $1,300.00 12 $125.00 $1,500.00 11 $125.00 $1,375.00 $5,195.00 4 $125.00 $500.00 1 $125.00 $125.00 $625.00 $19,795.00 Agenda it. . November ?-8. 2006 FA R 119 15 ❑O Agenda Item No. 16E9 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a Budget Amendment for $15,000 for the design of a Security Lobby for the W. Harmon Turner Building to accommodate the general public and staff. OBJECTIVE: To obtain Board of County Commissioners approval of a Budget Amendment to design a security lobby for the W. Harmon Turner Building to accommodate the general public and staff. CONSIDERATIONS: The W. Harmon Turner Building (also known as the Administration Building or Building "F) was originally built in 1974 (floors 1 -5). Years later, floors 6-8 were added. Since this building houses the headquarters of our County government as well as representatives of both State and Federal governments, the security concerns for the occupants has increased. Additionally, pedestrian traffic patterns have changed with the construction of the new parking decks. To accommodate security issues, a screening post was established near the loading dock on the south side of the building. Although this operation has been successful, the location does pose a number of inconveniences, including a lack of weather protection, conflicts with the use of the loading dock and getting supplies into the building, and the public's ability to easily identify the entrance of the facility. Staff is recommending designing an extension of the elevator lobby to accommodate these concerns, especially as it relates to security and being able to easily identify the entrance of the building. A preliminary floor plan is attached. The recommendation includes securing the services of a local architect for the design of this addition. Once the design is completed, construction funding would be proposed for fiscal year 2008. FISCAL IMPACT: The cost of the design is $34,160. The cost of the actual construction would be determined once the design is completed and submitted for consideration for Fiscal Year 2008. A budget amendment is needed to transfer $15,000 from the County Wide Capital Projects Fund (301) reserves to the General Building Renovations project. The balance of the design contract, $19,160 is available in the General Building renovations project (project no. 52525). The source of funds is Ad Valoreum. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the necessary budget amendments for the design of a security lobby for the W. Harmon Turner Building (Administration Building/ Building "F) as addressed within this summary. PREPARED BY: Skip Camp, CFM, Director, Department of Facilities Management Agenda Item No. 16E9 November 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16E9 Item Summary: Recommendation to design a Security Lobby for the W. Harmon Turner Buildmg to accommodate the general public and staff. Meeting Date: 1 1/28/2006 9:0000 AM Prepared By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 11/14!200611:34:03 AM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 1111412006 12:06 PM Approved By Steve Carnell Purchasing /General Svcs Director Date Administrative Services Purchasing 11115/2006 11:55 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 111115/2006 1:50 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 1 ill 612006 11:02 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Management & Budget '11:2012006 11;32 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/2012006 12:35 PM AA P�M 8 Aaenda Item No. 16E9 November 28, 2006 1 Page 3 of 3 ARCFurscr Moil l01� Off Building F Security Lobby Study C.W C—NY G , C-- 3.,M Elw Uff—d 7� F-ww A 1.2 Agenda Item No. 16F1 November 28, 2006 Page 1 of 19 EXECUTIVE SUMMARY Approve Memorandum of Understanding (MOU) between The Collier County Board of County Commissioners ( CCBCC), through its Emergency Management Department, and the Civil Air Patrol (CAP) through its Florida Wing. OBJECTIVE: Board of Commissioners' approval and signature on the MOU between The Collier County Board of County Commissioners ( CCBCC), through its Emergency Management Department and the Civil Air Patrol (CAP), through its Florida Wing, CONSIDERATIONS: The purpose of a Memorandum of Understanding (MOU) is as follows: To optimize cooperation and coordination between Collier County Government, through its Emergency Management Department and the Civil Air Patrol, through its Florida CAP Wing, during times of emergency or disaster and during the post - disaster recovery period, to include Air and Ground Search and Rescue (SAR) Operations, Mercy Missions, Disaster Mitigation and Relief (DR) Operations, SAR/DR Training Missions, Homeland Security (HLS) Missions, Aerial Reconnaissance of Ground Conditions and Surface Traffic Missions, Air Transportation of Cargo and Passengers (Human Organs, Tissues, -- Medical Supplies and CCBCC Officials /Other Non -CAP Passengers); The CAP provides an organization of private citizens equipped and trained to respond to local and national emergencies and to serve the interest of public safety and welfare; The Florida Wing CAP assistance to CCBCC may include, and is not limited to: Aerial missions such as reconnaissance for search and rescue of disaster victims, damage assessments of the community, or environmental surveys utilizing visual, photographic, digital, and video techniques, airborne communications support, and airlift (subject to regulatory restrictions listed in MOU). Other support may include: manual labor, radio communications and ground support teams (typically in search and rescue (SAR) or relief missions). Under this MOU only the Director of the Bureau of Emergency Services, or his designated representative may approve CAP missions for the Collier County government. FISCAL IMPACT: 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 MOU between The Collier County Board of County Commissioners, through its Emergency Management Department, and the Civil Air Patrol, through its Florida Wing. Prepared By: Jim von Rinteln, Coordinator, Emergency Management Department Agenda Item No, 161`1 November 28. 2006 Page 2 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: ISF1 Item Summary: Approve Memorandum of Understanding (MOU) oetween The Collier County Board of County Commissioners (CCBCC) through its Emergency Management Department. and the Civil Air Patrol (CAP) through its Florida Wing. Meeting Date: 11/2812006 9.00:00 AM Prepared By Jaynes J. VonRinteln Emergency Management Coordinator Date County Manager's Office Emergency Management 11/812006 10:12:29 AM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 11/14/2006 2:49 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/1512006 9:47 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 11/17/2006 8:49 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 11/17/200610:07 AM Agenda Item No. 16F1 November 28, 2006 Page 3 of 19 CAP MOU Registration No. 09- 001- SER -FL -COLT ES MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CIVIL AIR PATROL BY THE FLORIDA WING AND COLLIER COUNTY BOARD OF COMMISSIONERS 1. Purpose. The Collier County Board of Commissioners (CCBCC) and Civil Air Patrol (CAP) wish to utilize the services of CAP and its volunteers for the public good. This memorandum of understanding (MOU) describes the procedures by which CCBCC may request CAP mission support as well as the terms under which missions are authorized, performed, and reimbursed. The memorandum does not, in and of itself, create any legal obligations among the parties or signatories. All previous MOU(s) between CAP and CCBCC are superseded by this agreement. NOTE: No Counterdrug (CD) missions are authorized by this MOU. 2. Parties. This MOU is between CAP, through its Florida Wing and CCBCC. a. Civil Air Patrol. CAP is a federally chartered charitable non -profit corporation. (36 U.S.C. § §40301- 40307.) Missions flown under this MOU are "corporate missions." Although CAP is not a government agency or military service, it acts as a volunteer civilian auxiliary of the United States Air Force (USAF) when the services of CAP are used by any department or agency in any branch of the Federal Government. Only the United States Air Force (USAF) can assign Air Force Assigned Missions (AFAMs.) See Attachment AF for a discussion of CAP's status and missions as the Air Force Auxiliary (10 U.S.C. § §9441, 9442) and procedures to request "Air Force assigned missions" (or AFAMs.) (1) Florida Wing, CAP. Florida Wing is an administrative subdivision of CAP and not a separate legal entity from CAP. The Florida Wing Commander is a CAP corporate officer. CAP is generally organized along geographic lines and Florida Wing's jurisdiction is defined by the boundaries of the state. Missions under this MOU will be performed by Florida Wing. Contact information is included as Attachment B. (The parties may update Attachment B unilaterally by e-mail or other writing.) (2) CAP Members. CAP members are volunteers in public service. Members pay an annual membership fee to join and participate in CAP. "Members," as volunteers are not "employees." Although CAP may have employees in the state, their duties as employees are administrative in nature and do not include participating in CAP missions. Florida Wing may use CAP members of units from outside of Florida Wing or Florida to perform missions under this MOU. All CAP members shall be deemed members of Florida Wing while performing missions under this MOU and entitled to benefits of such membership that arise under this MOU. (3) CAP -USAF. The United States and Civil Air Patrol - United States Air Force (CAP -USAF) are not a party to this agreement. (See Attachment AF.) Page 1 of 15 Agenda Item No. 16F1 November 28, 2006 Page 4 of 19 b. Collier County Board of Commissioners. (1) The Bureau of Emergency Services. The Collier County Board of Commissioners, through its Bureau of Emergency Services Department of Emergency Management(BES), provides the coordination of emergency services within Collier County including incorporated areas. This includes the selection and utilization of various resources and organizations capable of rendering services. Under Chapter 252 of the Florida Statutes, the Collier County Commissioners, through BES, also coordinates the relief activities of both public and private relief or disaster assistance organizations that agree to volunteer their services under the direction and guidance of Collier County authorities. Collier County may utilize personnel and facilities of Florida Wing CAP for relief or disaster assistance organizations, churches, temples and synagogues in the distribution of food, relief supplies, medicines and other items and temporary shelters as part of the restoration or reconstruction of community services and essential facilities when deemed necessary. (BES contact information is found in Attachment B.) (2) Other State or Local Agencies. N/A (3) Collier County Board of Commissioners - Florida Wing Relationship. There is no statutory relationship between Collier County Commissioners and the Florida Wing CAP. 3. CAP Mission Capabilities & Limitations. a. Capabilities. (1) Objectives. CAP provides an organization of private citizens equipped to respond to local and national emergencies and to serve the public welfare. (36 U.S.C. §40302). CAP can quickly organize large numbers of highly trained volunteers with ready access to up -to- date equipment to provide cost effective support to government agencies. (2) Operations. Florida Wing CAP assistance to CCBCC may include, and is not limited to: aerial missions such as reconnaissance to search for victims, damage assessments, or environmental surveys utilizing visual, photographic, digital, and video techniques; airbome communications support; and airlift (subject to regulatory restrictions discussed in paragraphs 3b and 5g and 5h below). Other support may include: manual labor (e.g. filling sandbags for flood control); radio communications; and ground teams (typically used in search and rescue (SAR) missions). Ground teams are prohibited from participating in CD or other law enforcement missions. b. Limitations. (1) Priority of Missions. CCBCC understands and acknowledges that the USAF may withdraw CAP from missions in progress under this MOU when necessary to pursue Page 2 of 15 Agenda Item No. 16F1 November 28, 2006 Page 5 of 19 higher priority missions. This is because CAP is the official auxiliary of the Air Force, and there is a priority for employing CAP resources which may affect availability of support to state and local authorities. Priority for utilizing CAP resources is as follows: first, USAF, then other DoD departments and agencies, other Federal departments and agencies, state agencies, and finally, local agencies. (2) Law. CAP does not have any special exemption from civil or criminal law. Nothing in this agreement shall be read to require any party or signatory to act in violation of the law or applicable regulations. Furthermore, none of the provisions in this MOU is intended to conflict with applicable laws, regulations, or directives governing CAP missions /activities, including but not limited to those discussed below. (a) Federal Aviation Regulations. Civil Air Patrol pilots, most of whom are private pilots, are required to comply with Federal Aviation Regulations (FARs.) The FARs may prohibit private pilots from flying some of the missions (including transport missions except for certain exceptions) contemplated by this MOU. (See Attachment C, CAP Missions and Pilot Limitations.) (b) Assistance to Law Enforcement. CAP regulations limit assistance to law enforcement agencies to "passive assistance." CAP members may not be deputized nor may they take an active part in arrest or detention activities and have no authority to restrict persons by means of force, active or implied. a. CAP assistance to law enforcement agencies which may lead to criminal prosecution is restricted to patrol, reconnaissance, and reporting only. Requests for such assistance, unless of an emergency nature, must be approved in advance by the Wing and Region Commanders and coordinated with [the National Operations Center (NOC) at 888.211.1812 or opscenter @cap.gov.] All CAP flights will be in accordance with CAPR 60 -1. (CAPR 900 -3 paragraph 3a.) (c) CAP Directives. CAP missions and activities are also limited by CAP regulations. CAP personnel are required to comply with CAP regulations. Failure of CAP members to comply with applicable regulations may result in administrative action. (See References below.) (3) Risk Management. CAP is an organization of non -paid volunteer citizens. As such, CAP members may decline to participate in missions or discontinue missions at any time. Additionally, CAP may decline or suspend CAP missions for any reason, including but not limited to safety, risk, and liability concerns. Page 3 of 15 Agenda Item No. 16F1 November 28. 2006 Page 6 of 19 4. Emergencies. For emergency missions in which (a) life or property is in imminent peril and (b) local resources are inadequate, please see Attachment AF for criteria and procedures for requesting an AFAM. 5. Reuestine Missions - In General Any and all mission requests may be submitted to the NOC at 888.211.1812 or opscenter @cap.gov. Reimbursement will be made in accordance with this paragraph and paragraph 7. Corporate missions may include, but are not limited to: a. Air and Ground Search and Rescue (SAR) Operations. See Attachment AF regarding requests for air and ground SAR operations. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. b. Mercy Missions. Mercy missions refer to the transport of blood, organs, serum, and medical equipment necessary to relieve a specific time - critical, life- threatening situation where commercial transportation is unavailable. For more information on how to request a Mercy mission, contact the Air Force Rescue Coordination Center (AFRCC) at 800- 851 -3051. c. Disaster Mitigation and Relief (DR) Operations. DR missions relate to assistance needed for major disasters or emergencies (including all natural and man -made disasters such as hurricanes, floods, tornados, major storms, earthquakes, oil spills or other environmental disasters). See Attachment AF regarding requests for DR missions.. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. d. SAR/DR Training Missions. See Attachment AF regarding requests for air and ground SAR/DR Training Missions. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. e. Homeland Security (HLS). See Attachment AF regarding requests for Homeland Security operations. If the Air Force declines to accept the mission, CAP may nevertheless accept the mission as a corporate mission. E Aerial Reconnaissance of Ground Conditions and Surface Traffic for CCBCC. This may include visual or photographic reconnaissance of wildlife, land, forests, roadways and waterways, etc. (Note: in the event of an "environmental disaster," CCBCC may be able to request an AFAM in accordance with Attachment AF). Participation of CCBCC personnel in these aerial reconnaissance missions is discussed in paragraph 5g below. g. Agency Crewmembers. CCBCC may request CAP aircraft and aircrew as an aerial platform from which CCBCC officials may perform "aerial work," as "crew members." "Aerial work" includes missions such as aerial reconnaissance of ground conditions (discussed in paragraph 5f above) or operation of an airborne repeater. CCBCC officials may be authorized to fly aboard CAP aircraft in accordance with CAPR 60 -1, CAP Flight Management. CCBCC officials performing aerial work or duty in the aircraft during flight are crewmembers and not "passengers." (14 C.F.R. §119.1(e) (4).) Page 4 of 15 Agenda Item, No. 13F1 November 28, 2006 Page 7 of 19 h. Air Transportation of Cargo and Passengers. Air transport of cargo and/or passengers on corporate missions shall be in accordance with subparagraphs (1) and (2) below. Such missions shall be performed without reimbursement or payment of any kind from sources outside of CAP due to FAA restrictions. (Note: Transport missions may be funded by the CAP pilot or Florida Wing CAP but such missions may be limited due to availability of funding): (1) Human Organs, Tissues, and Medical Supplies. CAP may perform missions to transport organs, tissues, medical supplies at request of CCBCC for humanitarian reasons without accepting reimbursement or payment of any kind from outside sources. (2) CCBCC Officials /Other Non -CAP Passengers. CAP may transport CCBCC officials and other non -CAP passengers approved in accordance with CAPR 60 -1, paragraph 2 -6. 6. Command, Control, Coordination and Cooperation: a. Immediate command and control over all CAP resources and personnel employed in accordance with this MOU shall rest with CAP at all times. Mutual consent should be the norm; nevertheless, any party to this agreement may suspend or terminate CAP missions conducted pursuant to this MOU without cause. b. Both Florida Wing CAP and CCBCC agree to maintain continual and effective communication and coordination to facilitate the training necessary for effective CAP participation with BES personnel in disaster relief missions. 7. Reimbursement. Reimbursement to Florida Wing for missions will be as follows: a. Reimbursement for Corporate Missions. When CCBCC reimbursement is required by Florida Wing for missions performed under this MOU, such reimbursement shall be limited to the rates established in the current Civil Air Patrol Regulation 173 -3, Pay=z=zt,&r Ci'vxPAir Patrol Support Attachment 1 (a copy of which is provided as Attachment D and incorporated herein by reference) The parties agree that Attachment D, as revised from time to time by Civil Air Patrol and approved by CAP -USAF and the FAA, will be the basis for determining reimbursement. (Updates to Attachment D will be available online. Contact gc @cap.gov.) Additionally, aircraft and automobile fuel and oil will be reimbursed at actual cost. b. Restrictions on Billing. Dual payment/compensation or double billing is prohibited and may not be requested or accepted. For example, if Florida Wing receives or is offered state funds for aircraft operating expenses (fuel, oil, maintenance), Florida Wing may not seek or accept reimbursement for the same expense from CAP National Headquarters, or from any other source (i.e. another federal agency). 8. Liabilities: Insurance, Workers Compensation & Related Matters. Page 5 of 16 Agenda Item No. 16F1 November 28, 2006 Page 8 of 19 a. State Protections. There are no Florida benefits afforded CAP and its members such as workers compensation or liability protection. CAP third parry liability and personal injury coverage available to the corporation and its members are generally outlined in CAP Regulation 900 -5. b. CAP Protections. In addition to protections afforded in paragraph 8a above (if any), CAP and its members are protected by liability insurance policies as well as member benefits described in CAP Regulation 900 -5, Civil Air Patrol Insurance /Benefits Program and 112 -10, Indemnification. c. No Federal Protections. CAP and its members are not deemed to be instrumentalities of the United States while performing corporate missions. Therefore, Federal Tort Claims Act (FTCA) (10 U.S.C. 9442(b) (2); 28 U.S.C. 2671 et. seq.) and Federal Employees Compensation Act (FECA) (5 U.S.C. 815 1) do not apply. 9. Air Force Provisions. a. The subject MOU is between CAP Corporation and CCBCC and is not an agreement with CAP as the Air Force Auxiliary. b. The United States Air Force has priority in the use of CAP equipment bought with appropriated funds. The priority for utilizing CAP resources is: (1) USAF; (2) Other DoD departments and agencies; (3) other Federal departments and agencies; (4) State agencies; and (5) Local agencies. c. CAP volunteers flying missions under this MOU are not eligible for FTCA or FECA benefits. d. No Air Force Assigned Missions (AFAM) will be assigned pursuant to this MOU. e. Missions flown and funded under this MOU are not eligible for payment or reimbursement from the federal government. 10. Effective Date, Term, Termination, and Approval Provisions. a. Effective Date. The terms of this MOU will become effective as of the date signed by both parties. b. Term. This MOU shall be effective for a period of five years from its effective date. c. Amendment. This MOU embodies the entire terms and understanding of the parties and no other agreements exist between the parties except for those expressly stated herein, to include attachments cited below and executed by the parties. This MOU may be amended by written notice of either party, which expressly identifies itself as a part of this agreement and is Page 6 of 15 Agenda item No. 16F1 November 28. 2006 Page 9of19 signed by an authorized representative of each of the parties. Air Force provisions in this MOU are not subject to amendment or revision by either party. (See paragraph 9 and Attachment AF.) d. Termination. The parties may terminate this MOU at any time upon sixty -day (60) day advance written notice of termination signed by their designated representatives. Copies of the termination notice shall be mailed to the designated representatives of each of the parties at addresses shown below. (See Attachment B and the addresses below). National Headquarters, Civil Air Patrol Attention: DO 105 So. Hansell Street Maxwell AFB, AL 36112 Collier County Board of County Commissioners Attn: Chairman 3301 East Tamiami Trail Naples, FL 34112 IN WITNESS WHEREOF, this MOU has been executed by the parties herein: Civil Air Patrol by 4 Patrick S. O'Key Colonel, CAP Dated: Wing Commander Page 7 of 15 state of Florida, Collier County Board of County Commissioners by Frank Halas Chairman, CCBCC Dated: AT= oll-Ir s ERM acmes as• APl W Eli " iii` __ __ f0 AA n �, ,✓ -�. meant. Ccgant� %4ta� Agenda item No. 16F1 November 28, 2006 Page 10 of 19 Attachments: AF Untitled AF Involvement Attachment B Contact Information C Table: CAP Missions and Pilot Limitations D CAP Regulation 173 -3, Paymentfor Civil Air Patrol Support, Attachment 1, Reimbursement Rates E State Protections Afforded CAP & Members [If none, strike out and initial.] References: Hotlinks to online sources for these citations can be found at [pending.] United States Code http : / /uscode.house.jzov /usc.htm 10 U.S.C. §§ 9441 - 9448, (Organization and Management of Civil Air Patrol) 36 U.S.C. § §40301— 40307, Civil Air Patrol Code of Federal Regulations hU:// www.gvoaccess.gov /cfr/index.html 14 C.F.R. §119.1, Applicability [of common carrier regulations] CAP Publications hM://cgp.globalreach.com/index.cfin?nodelD=5285 balreach.com/index.cf n ?nodeID =5285 CAP Regulations - 60 series including: CAP Regulation 60 -1, Flight Management CAP Regulation 60 -3, CAP Emergency Services Training and Operational Missions CAP Regulation 112 -10, Indemnification CAP Regulation 173 -3, Payment for Civil Air Patrol Support* CAP Regulation 900 -3, Firearms - Assistance to Law Enforcement Officials CAP Regulation 900 -5, Civil Air Patrol InsurancelBenefits Program Page 8 of 15 Agenda Item No. 16F1 November 28, 2006 Page 11 of 19 Attachment AF AIR FORCE ASSIGNED MISSIONS 1. The following are potential Air Force Assigned Missions (AFAM): a. Air and Ground Search and Rescue (SAR) Operations. CAP, as the Air Force Auxiliary performs SAR missions to search for, locate, and relieve a distress situation, including overdue aircraft, emergency locator transmitters (ELTs), and persons in distress. For more information on how to request an AFAM SAR mission, contact the Air Force Rescue Coordination Center (AFRCC) at 800 - 851 -3051. b. Mercy Missions. Mercy missions refer to the transport of blood, organs, serum, and medical equipment necessary to relieve a specific time- critical, life - threatening situation where commercial transportation is unavailable. For more information on how to request a Mercy mission, contact the Air Force Rescue Coordination Center (AFRCC) at 800 - 851 -3051. c. Disaster Mitigation and Relief (DR) Operations. DR missions relate to assistance needed for major disasters or emergencies (including all natural and man -made disasters such as hurricanes, floods, tornados, major storms, earthquakes, oil spills or other environmental disasters). For more information on how to request a Disaster Mitigation and Relief mission, contact the Air Force National Security Emergency Preparedness (AFNSEP) duty officer at 800- 366 -0051. d. SAR/DR Training Missions. SAR/DR training missions are joint training missions with CAP and the State Agency. For more information on how to request a SAR/DR training mission contact the appropriate State Director. (See attachment B — Contact Information). e. Homeland Security (ILS). Department of Defense and Air Force policy on HLS missions CAP may be tasked to perform in support of civil authorities is still evolving. For more information on how to request a Homeland Security mission, contact the CAP National Operations Center (NOC) at 888 -211 -1812 or opscenter @cap.gov. 2. For information on any other above AFAM, you may also contact the NOC at 888 -211 -1812. Page 9 of 15 Agenda Item No, 16F1 November 28, 2006 Page 12 of 19 Attachment B CONTACT INFORMATION Contact Information as of 28 June 2006 MISSION CONTACT PHONE & E- MAIL* ADDRESS CIVIL AIR PATROL Local N/MSS Contact Lt Col Dave Morouzzi W: 239.566.5248 Florida Wing CAP F: Attn: DO H: 239.777 -8919 680 NE 215'e Street P: Miami, FL 33079 C: E: 1 arc] flw .ca . ov Homeland Security CAP National W: 888.211.1812/ Civil Air Patrol (HLS) Operations Center 334.953.5823/ 105 S. Hansel] Street (MOU Paragraph 5e) DSN 493 -5823 Maxwell AFB, AL 36112 F: 334.953.4242 DSN 493.4242 E: o scente nh ov Corporate Missions State Wing Commander W: Florida Wing CAP (MOU Paragraph 6.) or Designate: F: Attn: DO Lt Col Luis Garcia H: 680 NE 215' Street Director of Operations P: Miami, FL 33079 C: E: STATE AGENCY Planning & Agency Head or W: [State Agency Miscellaneous Designate: F: Street address [name] H: PO Box P: City, ST xxxxx] C: E: Billing Accounts Payable Head W: [State Agency or Designate: F: Street address [name] H: PO Box P: City, ST xxxxx] C: E: Operations Operations Head or W: [State Agency Designate: F: Street address [name] H: PO Box P: City, ST xxxxx] C: E: CAP -USAF Planning & CAP -USAF State W: 407 -646 -4247 [State Wing Liaison Office Miscellaneous- AFAM Director of Liaison F: Attn: CC Services (SD): H: Street address Mr. Jerry Angley P: PO Box C: 407.947.2131 City, ST xxxxx] E: jcangley@aol.com Page 10 of 15 Agenda Item No. 1C-.F1 November 28, 2006 Page 13 of 19 Attachment C TABLE: CAP NIISSIONS AND PILOT LMTATIONS 22 CAPR 60-1 (Cl) ATTAC 1E NT 2 (CONTM) 19 OCTOBER 2004 CAP \IISSIONS AND PILOT LLIIITATIO\ S IF THE AND ON AND THE AND THE 1110 bIAY PILOT NUY REFERENCE PURPOSE OF BOARD ARE NIMSION IS AIRCRAFT IS BE FLOA N BE THE FUGHT IS BY RELNIBURSED FOR Search and Locate Pilot cmmembeas. A er B Redmbtaud or Carporate Owned Private Pilot FueL Oil. Supplemental Exemption V7111 C.AP members. Not Reimbursed Oxygen Fluids. pub Lubricants. Senices. S-9- Atdumzed Maintenance. Government Per Diem Employees Member Private Pilot In accordance Exemption Fumished With CAPR 6—lB 1 ?3-3 C Reimbursed See Aerial or Not Work Reimbursed opersalosis Other A Any Private Pilot Fuel. oil. airport FAR 61.113(e) Passengers ` expendatues.or rental fees B or C Any Commercial Any Expenses FAR Reimbursed Pilot or ATP Atuhorized by 119.1(e)(4) CAP Not Reimbursed Any Private Pilot See time 1 FAR 61.113(a): FAR 61.1I3(c): FAR 119.1(eX4): FAA Interpretation 1997 -23 Aerial Work Operanons (Aenal lmdgim4. radio Inlay) Creamemben (FAR 1 1) Anti• Any Private Pilot See Dote 1 FAR 61113(a)-- FAR 61.113(c); FAR 119.1(eX4): F_AA Interpretation 19,97-13 Passeneers or Re unbursed Any Conmtercml Am• Expenses FAR Nom -CAP Property Pilot cc AT? Au6oaizedb• C.46 119.1(eX4) Not Reimbursed Any Private Pilot See -*Qke 1 FAR 61.113(a): FAR 61.113(c): FAR 119.1(e)(4): FAA Interpretation 199? -'3 Note 1: Pilot may not ley less than the pro rad share of the operating aymbes, pm ided We aTen� im ohe onto fuel. oil, airport expeadiuires, or rectal &es OR pilot uwy not tog Sight time. Page 11 of 15 Agenda Item No. 16F1 November 28, 2006 Page 14 of 19 Attachment C (cont'd.) TABLE: CAP MISSIONS AND PILOT LIMITATIONS C.AM 60-1 (ENIERGENTCI C'ILA -XGE 2 CORRECTED COPY ATT.kM,EENT 2 (CO- -NT'D) 1 ].kNUARY 2006 23 CAP MISSIONS AN-D PILOT LDMATIONS (C'0N7Z\"CED) IF THE AND ON AND THE AND THE THEN MAY PILOT -MAY REFERENU PURPOSE OF BOARD ARE ItIISSION IS AIRCRAFT IS BE FLO%"_C BE THE FLIGHT IS BY RMIBURSED FOR Domestic Plot, A Carporate Private Pilot Fuel, Oil, Exnnption 6771 CAP Cadet CAP Cadets AF Rased owned supplemental OxyFM Fluids, Oxon Flights IAW Lubncaots, CAPP 52 -7 Send, N4ai�� Per Diem Nksoker Prhlne Pilot IAW CAPR Famished 173-3 B ca porate Prism Pilot Fuel, Oil, Not Reimbursed owned Supplemental Fluids, Oxygen, Lubricants, Senimra Maiotenxwe, Per Diem Member Private Pilot IAW CAPR Furvidhed 173-3 B Any Commercial Any Expeoses Reimbursed Atd wriaed b - with other than CAP AF Foods AFROTC Pilot, A Am, Coms ercial Any D peases Orientation AFROTC Pilot Authorized b-,- Flights Cadets C .P Oh-etseas CAP Pilot Asst' AF Aero Chub Commercial Any Expenses Exmsption Orientation creunm>bes_ Owned Not with Authorizedbv 677-1- CAM Flights CAP Cadets Instillment CA 60 -1 Para 3-2 Rating or ATP (6) Transportation Passengers or A or Not Any Private Pilot See Note 1 FAR 61.113(c). Non -CAP Reimbumed Iategxetatiou Propem 1997-23 Commercial Any Expenses Exemption 6.185 Pilot Authorised by CAP B or C Any Not Authorized NA FAR 119.1 Page 12 of 15 Agenda Item No. 16F1 November 28, 2006 Page 15 of 19 Aircraft Flying Hour Minor Maintenance Payment Rates The rates in this table are calculated from actual reported minor maintenance expenses for CAP aircraft. Many factors, such as aircraft age, Airworthiness Directives, design, and model, affect CAP expenditures for maintenance. These rates are not generally related to engine horsepower because engine expenses are managed under CAP's major maintenance program. CAP has elected to establish overall fleet rates for only the models of aircraft in the CAP corporate fleet. Wings participating in the national consolidated maintenance program will not have minor maintenance funds paid to the wing. In addition, the Category "B" and "C" minor maintenance mission funds collected by those wings must be forwarded to NHQ so the funds can be used to maintain the wing's aircraft. "Dry" Reimbursement Hourly Rates Manuf , Maule Cessna Cessna Cessna Gippsland Cessna Ha land Cessna Model MT -7.233 172 182 206 GA-8 182RG DHC -2 185F Cos"r $30.00 $31.00 S44.00. $46.00 $49.00 $57.00 $66.00 $70.00 Notes: 1. "Basic Hourly Rate" for single- engine corporate or member- owned/furnished aircraft not listed above: $31.00. 2. Use of single- engine member -owned or member - furnished aircraft must be approved in advance for all missions. a Use in Air Force assigned missions requires approval by the appropriate Air Force approval authority. b. Use in corporate missions requires approval by the Wing/Region Commander or Director of Operations/Director of Emergency Services. c- Single- engine member -owned or member - furnished aircraft models that have been approved in accordance with this note but are not listed in the table above will be reimbursed at the "Basic Hourly Rate." 3. The use of all twin - engine aircraft for any mission requires prior approval through the wing/region and the appropriate Air Force approval authority (through the National Operations Center.) Wings/regions should send requests well in advance to the NOC at opscenter@capnhq.gov. Once approval has been obtained, the NHQ staff will determine the reimbursement rate and notify the wing/region in writing. 4. Aircraft fuel, lubricants, de -icing payments, and other mission essential supplies are authorized for participation in Air Force - assigned reimbursable missions and are in addition to the above rates (receipts required). 5. Corporate glider tow aircraft are reimbursed at the appropriate rate for their model classification. Reimbursement for non - corporate glider tows participating in the Cadet Glider Flight Orientation Program will be based on the actual cost of the tow (receipts required). 6. Glider maintenance reimbursement will be on an actual cost basis. Submit receipts for all expenses incurred by each glider to NHQ CAP/LGM for payment or reimbursement Major maintenance of gliders requires a control number from NHQ CAP /LGM prior to repairs being accomplished Major maintenance actions include: fabric replacement, glider repainting, interior work, and avionics replacement Submit receipts for these actions when repairs are completed. Submit all other maintenance expenses monthly. ORIGINAL RECEIPTS ARE REOUIItED FOR ALL PAYME NTS! REIMBURSEMENTS. Tail number accounting principles must be followed for gliders. Agenda Item No. 16F1 November 28. 2006 Pa g 16 of 19 7. To properly figure the reimbursement authorized, multiply the total number of hours flown times -' rate allowed for the appropriate aircraft model to determine the amount reimbursed for aircraft minor maintenance. Add to the aircraft minor maintenance reimbursement the total for actual fuel, lubricants, de- icing, and other authorized expenses to determine the "total" reimbursement. Wings participating in the national maintenance demonstration program will list the flying hours flown on the CAPF 108 but will not list the "Aircraft Cost Claimed" in column H. 8. Satellite- transmitted Digital Imaging System (SDIS) Rates. CAP can charge an additional $65 an hour to operate SDIS but only when supporting missions that are not funded with the money CAP receives from Congress. The money collected for SDIS operation from these missions must be forwarded to NHQ for the systems that NHQ provides to the wings. Wings that have purchased their own SDIS systems may keep the money but must comply with specific program income restrictions. This information can be obtained from HQ CAP/FM. The hourly charge to operate the SDIS system will begin when the aircraft departs the mission base to execute the SDIS sortie and ends when the aircraft returns to the mission base. The SDIS rate will not be charged on flights tolfrom the home base and the mission base unless SDIS operation is conducted enroute to the mission base. 9. Airborne Real -time Cueing Hyperspectral Enhanced Reconnaissance (ARCHER) Rates. CAP can charge an additional $235 an hour to operate ARCHER but only when supporting missions that are not funded with the money CAP receives from Congress. The money collected for ARCHER operation from these missions must be forwarded to NHQ. The hourly charge to operate the ARCHER system will begin when the aircraft departs the mission base to execute the ARCHER sortie and ends when the aircraft returns to the mission base. The ARCHER rate will not be charged on flights to/from the home base and the mission base unless ARCHER operation is conducted enroute to the mission base. 2 Agenda Item No. 16F1 November 28. 2006 Page 17 of 19 Attachment D CAPR 173 -3. ATTACHMENT 1, REIMBURSEMENT RATES CAPR 173 -3 (Cl) ATTACHMENT 1 31 AUGUST 2005 Attachment 1. Aircraft Flying Hour Minor Maintenance Payment Rata EFFECIYVE I SEPTEMBER 2605 Type 1 Type 2 Type 3 Type 4 Type 5 Type 5* <130HP 130 19913P 260-249 HP 250 -299 HP 300 HP or > 300 HP or > 525.00 $30.00 $41.00 562.00 $46.00 N/A AY, ffi, & PR Rata N/A N/A $45.00 N/A N/A $81.00* C150 C172 -150 C172RG C182RG A185 *DH2 Beaver C152 C172- C172XP T182 U206 -300 OAEY 160 1180/195 C177RG T182RG T206 C177 -180 C177 -200 C192 -250 C210- 3001310 Beech BE-23 C182 C182 -265 PA- 32- 3001301T Husky Beech BE -33 -225 U206 -285 PA -32R -300 Maule M- 4/5/617- Mauk M -4-200 C210 -285 1301 T 180 Mettle MT -7 -235 Beech A36-285 PA -32 -300 Mooney M20 -180 Mooney M20 -201 Beech BE 331 Gippsland GA -8 Piper PA -28- Mooney 231 / 35 -285 140/150 252TSE -210 PA -32 -260 Piper PA -28 -160/ Piper Arrow - 180/181 200)2011 Piper Arrow -180 201T Piper PA- 28-235 j Notes: 1. Reimbursem ent rates have been established to encourage the use of economical, mission capable aircraft 2. Use of member-owned or member - furnished aircraft must be approved in advance by the appropriate Air Force approval authority for all Air Force missions and by the Wing/Region Commander or Director of Operations/Director of Emergency Services for all corporate missions. 3. The use of all twin - engine aircraft, for any mission, requires prior approval through the wing/region ad the National Operations Center. Wing/Region Commanders (Region Counterdtug Directors for counterdrug missions) should send requests well in advance to the NOC at opscentcr@capnhq.gov. Once approval has been obtained from the NOC, the NHQ staff will determine the reimbursement rate and notify the wing/region in writing. 4. These rates apply to corporate-owncd aircraft Member-owned or fiunisired single - engine aircraft add $19 per hour. S. Aircraft fuel, lubricants, de -icing payments, and other mission essential supplies are authorized for participation in Air Force assigned reimbursable missions and are in addition to the above rates (receipts required). 6. Corporate glider tow aircraft are reimbursed at the appropriate rate for their type classification. Reimbursement for non- corporate glider tows participating in the Cadet Glider Flight Orientation Program will be based on the actual cost of the tow (receipts required). 7. Glider maintenance reimbursement will be on an actual cost basis. Submit receipts for all expenses incurred by each glider to NHQ CAPILGM for payment or reimbursement. Major maintenance actions require a control number from NHQ CAP/LGM Dr kw to repairs being accomplished N&jor maintenance actions include: fabric replacement, glider repainting interior work, and avionics replacement Submit receipts for these actions when repairs are completed. Submit all other maintenance expenses monthly ORIGINAL RECE27S AU REOU1 FOR AL. Tail number accounting principles must be followed for gliders. 8 To properly figure the reimbursement authorized, multiply the total number of hours flown times the rate allowed for the appropriate aircraft typc classification to determine the amount reimbursed for aircraft minor maintenance. Add to the aircraft minor maintenance reimbursement the total for actual fuel, lubric ruts, de- icing, and other authorized expenses to determine the "total" reunbtrsemem If a singlo-engme aircraft is not listed in any of the categories, determine the type" fiom the table above by the aircraft's horsepower (HP) or contact NHQ CAP/LGM at (334) 953 -6032. Page 13 of 15 Agenda Item No. 16F1 November 28, 2006 Page 18 of 19 ATTACHMENT E STATE PROTECTIONS AFFORDED CAP & MEMBERS Confer with your legal officer to ensure that state protections, if any, are described here in detail adequate to bind State and are detailed somewhere adequate to explain it to the people in the field. A supplement to CAPR 900 -5 may be in order. The following issues are submitted for consideration: 1. General. 1.1. This list is not intended to be a tool for negotiation. It is simply a request for whatever protections State already has available or to which State may already have ready access. If State is unable to provide any protections, that factor becomes part of the commander's risk analysis and decision making processes as s/he considers whether to undertake the MOU or any specific mission. 1.2. The point is NOT that CAP has no insurance or lacks coverage; our insurance is adequate. Rather, the goal is to minimize the exposure of CAP and its insurer(s) so as to and minimize the increase of our insurance premiums (and the potential for loss of coverage) brought about by losses and protect corporate assets. As a general proposition, CAP flies missions in support of states "at cost, " the known costs of doing business. The protections discussed in this attachment form part of the "unknown costs, " the hazards incurred performing these missions. It is reasonable to ask that this cost be born by our "customer. " 1.3. Watch for gaps in protection and coverage. 2. Specific issues: For each and every mission, consider: 2.1. Liability & Indemnity. Will state provide indemnity/liability coverage? Is such indemnity in lieu of CAP's other coverages (e.g. insurance, FECA, or FTCA)? Is any action by the member required in order to be eligible? (e.g. Registration as a Disaster Services Worker.) Does STATE indemnify each category of 'person" below for actions arising in the course missions? 2.1.1. All members (cadets and senior members) regardless of age. (Remember, FECA benefits are not available for members under age 18.)) 2.1.2. All members, including those not participating in the mission (e.g. Wing Commander, who holds overall responsibility or other members whose only contact may have been managing aircraft maintenance or planning, preparing and training for such missions)? 2.1.3. Civil Air Patrol, itself. 2.1.4. All agents, principals... etc. of CAP? Is any specific action required of CAP in order to be eligible? (e.g. Obtain a state mission number.) Page 14 of 15 Agenda item No. 16P1 November 23, 2066 Page 19 of 19 2.2. Immuni Is statutory immunity available ? Is such immunity in addition to or in lieu of CAP's other coverages (e.g. insurance)? Is any action by the member required in order to be eligible? (E.g. Registration as a Disaster Services Worker.) Does STATE immunize each category of'person" below for actions arising in the course missions? 2.2.1. All members (cadets and senior members) regardless of age. (Remember, FECA benefits are not available for members under age 18.)) 2.2.2. All members, including those not participating in the mission (e.g. Wing Commander, who holds overall responsibility or other members whose only contact may have been managing aircraft maintenance or planning, preparing and training for such missions)? 2.2.3. Civil Air Patrol, itself. 2.2.4. All agents, principals... etc. of CAP? 2.3. Workers' Compensation. Does STATE provide workers compensation benefits and protection to each category of 'person" below for actions arising from missions? All members (cadets, senior members) regardless of age? (As you know, FECA benefits are not available for members under age 18.)) Civil Air Patrol, itself (e.g. protection from suits by members under the "exclusive remedy" provision afforded by some workers' compensation laws) All agents, principals... etc. of CAP afforded the protection from suits by members? Is any action by the member required in order to be eligible? (e.g. Registration as a Disaster Services Worker) Is any specific action required of CAP in order to be eligible? 2.4. Workers' Compensation. Apart from the MOU, are volunteers considered "employees" or afforded the benefits of workers compensation from their respective organizations? Are organizations required to provide workers compensation coverage? Are organizations afforded the protections (e.g. "exclusive remedy') of workers compensation? Page 15 of 15 Agenda Item No. 16F2 November 28, 2006 Page 1 of 4 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of November 28, 2006 General Fund (001) Budget Amendment #07 -079 Operating Expenses Sports Coordinating Position $16,538 Reserves Reserve for Contingencies ($16,538) Total -0- Explanation: Funds are needed to pay for the increase of a half -time FTE to a full time FTE for the Sports Coordinator Position approved by the Board of County Commissioners on May 9, 2006, Item 16D3. Prepared by: Barbetta Hutchinson, Executive Secretary, OMB Page I of 1 Agenda Item No. 16F2 November 28, 2006 Page 2 of 4 BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BAW ... ...077::77.0.77. -j.. JE# .. ............................... BAR # .............................. A.P.H. Date ....................... Fund Number 001 Fund Description General Fund Date Prepared: 11/20/06 Approved by BCC on: Attach Executive Summary — NO Item No.: Expense Budget Detail Fund Center Title: Athletic Programs Fd Crt No.: 156344 WBS Element Title: WBS No.: (Provide the tuna Fund Center renter or was WBS Element eiernem uuuuuau.u, Commit Item „ - ..... .. .......... ...... Commitment Item Description Increase (Decrease) Current Budget Revised Bud et 156344 512100 Regular Salaries 14,000 776,651 790,651 156344 521100 Social Security match 1,071 69,066 70,137 156344 522100 Retirement 1,495 96,351 97,846 Fund Center Title: WBS Element Title: Net unange to isuaget 1V, JV Expense Budget Detail Reserves - Board Fd Ctr No.: 919010 WBS No. (novice me runa Fund Center ,,corer u. -D0 WBS Element --„, Commit Item ,. — —, . _..__ __...., Commitment Item Description Increase (Decrease) Current Budget Revised Budget 919010 991000 Reserves (16,538) 7,258,653 7,242,115 Net change to Budget Expense Budget Detail Fund Center Title: WBS Element Title: Fd Ctr No.: WBS No.: �rrovrac u,c ruuu Fund Center �cuw, �, ..,� WBS Element .. ...... ............................... Commit Item ........ ...._.- ._ . --..-- --- Commitment Item Description -, Increase (Decrease) Current Budget Revised Bud et Net change to lsuaget Revenue Budget Detail Fund Center Title: WBS Element Title: (Provide the Fund Center or WBS element information: it is not reouired to nrovide lhnth 1 Fd Ctr No.: WBS No.: Agenda Item No. ; 6F2 November 28, 2006 Page 3 of 4 Fund Center WBS Element Commit Item Commitment Item Description Increase (Decrease) Current Budget Revised Budget Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.- Net Change to Budget EXPLANATION Why are funds needed? Funds are needed pay for the increase of a half -time FTE to a full FTE for the Sports Coordinator Position approved by the Board of Commissioners on May 9, 2006, Item 16D3. Where are funds available? Funds are available in the General Fund Reserves. REVIEW PROCESS Cost Center Director: DATE Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.- Agenda Item No. 16F2 November 28, 2006 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16x•2 Item Summary: Approve Budget Amendments Meeting Date: 11/28/2006 9'.00'.00 AM Approved By OMB Coordinator Administrative Services Applications Analyst Information Technology Date 111201200611:53 AM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management & Budget 11120120061:12 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11/20!20064:18 PM Commissioners Agenda Item No. 16F3 November 28, 2006 EXECUTIVE SUMMARY Paae 1 of 5 Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2005 -06 Adopted Budget OBJECTIVE: That the Board of County Commissioners adopts the attached resolution and the related amendments that amend the Fiscal Year 2005 -06 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board, can be amended. Budget amendments recognizing grants, donations, contributions, or insurance proceeds that increase the total appropriations of a fund over the adopted annual budget may be approved by resolution of the Board of County Commissioners. Each of the budget amendments in the attached Resolution has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. The attached Resolution was reviewed and approved by the County Attorney's Office for legal sufficiency. FISCAL IMPACT: The amendments and executive summaries, which were previously considered and approved by the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated ,,.. with this Executive Summary. RECOMMENDATION: That the Board adopts the attached resolution amending the Fiscal Year 2005 -06 adopted budget. Prepared by: Michael Smykowski, Director, Office of Management and Budget RESOLUTION NO.06 -BAR- A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2005 -06 FISCAL YEAR WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board ") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefor; and WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget amendments which provide for but are not limited to: revenue from grants, donations or contributions, or insurance proceeds for a designated purpose. WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2005 -06 by resolution pursuant to Section 129.06, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the budget amendments to the FY 2005 -06 Budget described below are approved and hereby adopted and the FY 2005 -06 Budget is so amended. Agenda Item NO. 16F3 November 28, 2006 Page 2 of 5 BUDGET INCREASE INCREASE INCREASE AMENDMENT (DECREASE) (DECREASE) (DECREASE) EXPLANATIONFOR FUND NUMBER RECEIPT EXPENDITURE RESERVES APPROPRIATION 001 ($3,875,000)Provide initial budget appropriations for Hurricane Wilma. 06 -029 $27,125,000 $31,000,000 001 06 -203 $118 $118 Appropriate additional EMPA Grant -0- 001 06 -225 $4,500 $4,500 Donation for equipment from Friends of Barefoot Beach. 'Al 06 -622 $37,475 $37,475 Appropriate CDBG funds for Human Services position. 06 -378 $101,800 $101,800 Recognize insurance proceeds for traffic signal repairs. 112 06-291 $92,402 $92,402 Recognize insurance proceeds for damaged median plantin 112 06 -348 $176,667 $176,667 Appropriate insurance proceeds to lime rock road conversi 115 06 -169 $86,339 $86,339 Appropriate grant funds for Juvenile Court staffing. 115 06-170 $38,431 $38,431 Appropriate grant funds for Criminal History Record imp. 115 06-171 $87,287 $87,287 Appropriate funds for child abuse program 116 06 -251 $26,000 $26,000 Recognize Water Pollution Grant from SFWMD. 116 06 -260 $18,230 $18,230 Grant for Florida Yards and Neighborhoods program 117 06 -349 $5,002 $5,002 Florida Humanities Council grant for interpretative sign. 117 06 -593 $7,900 $7,900 Appropriate funds for habitat restoration. 118 06 -286 $52,957 $52,957 Recognize Homeland Security Grant. 121 06 -307 $3,217,353 $3,217,353 Appropriate annual CDBG funds from HUD. 121 06 -483 $622,521 $622,521 Recognize HUD Continuum of Care Grants. 123 06 -003 $125,000 $125,000 Recognize Safe Havens grant funds. 123 06 -037 $120,188 $120,188 Recognize grant for in home support services. 123 06 -038 $222,816 $222,816 Appropriate continuation grant for congregate meals. 123 06 -039 $191,693 $191,693 Appropriate annual grant for congregate meals. 06 -040 $85,058 $97,058 ($12,000) Grant for family caregivers' support services. 123 06 -041 $168,360 $195,360 ($27,000) Recognize Older Americans in home support Grant. 123 06-042 $37,020 $40,220 ($3,200) Appropriate supplemental grant for congregate meals. -1- BUDGET INCREASE INCREASE INCREASE AMENDMENT (DECREASE) (DECREASE) (DECREASE) EXPLANATION FOR FUND NUMBER RECEIPT EXPENDITURE RESERVES APPROPRIATION Agenda item fro. 16F3 November 28, 2006 Page 3 of 5 123 06 -043 $33,281 $36,181 ($2,900) Continuation grant for nutritional support services. 123 06 -204 $1,500 $1,500 Appropriate settlement for low - income medical assistance. 123 06 -379 $559 $559 Recognize supplemental grant funds for case management 123 06 -380 $105,147 $105,147 Continuation grant for Alzheimer's Disease Initiative. 123 06 -384 $1,113 $1,1 13 Grant funding increase for homemaker services. 123 06 -385 $2,280 $2,280 Grant funding increase for in -home support services. 123 06 -387 $386 $386 Grant funding increase for nutritional support services. 123 06 -388 ($2,301) ($2,301) Grant funding reduction for respite care services. 123 06-389 $204,523 $294,423 ($89,900)Recognize Community Care for Elderly continuation grant 123 06 -390 $409,609 $409,609 Recognize State Funded CCE Grant continuation. 123 06 -391 $6,594 $6,594 Recognize Home Care for Elderly continuation grant. 123 06 -596 $8,081 $8,081 Recognize Alzheimer's Grant continuation grant 123 06 -605 $39,071 $39,071 Appropriate finds for in -home elderly care. 123 06 -606 544,088 $44,088 Appropriate supplemental funds for in -home elderly care. 123 06-607 $505 $505 Appropriate supplemental funds for case management 123 06.609 $24,756 $24,756 Appropriate client contributions for in -home elderly care. 123 06-612 $42,142 $42,142 Appropriate continuation grant for in -home elderly care. 128 06 -300 $787,317 $787,317 To establish annual MPO Planning budget. 128 06 -301 $79,110 $79,110 Recognize transit planning grant funds. 128 06 -302 $22,996 $22,996 Recognize Trans. Disadvantaged. (TD) Planning Grant. 129 06 -139 $6,000 $6,000 Recognize Library English Language Leaner Program gra 130 06 -207 $2,000 52,000 Recognize Cool Cruisers donation for GGCC programs. 139 06 -347 $4,069 $4,069 Appropriate insurance reimbursement for Swale maintenan• 183 06 -149 $500,000 $500,000 Recognize contribution for Vanderbilt Beach Access #8. 191 06 -221 $176,664 $176,664 Increase in SHIP Disaster Assistance allotment. 191 06 -306 $3,716,228 $3,716,228 Establish annual SHIP budget. 313 06 -008 5500,000 $500,000 FDOT reimbursement for the 2006 Pathway Program- 313 06 -228 $159,350 $ 159,350 Appropriate developer contributions for sidewalks. 313 06 -229 $200,000 $200,000 Appropriate School Board contribution for sidewalks. 3I3 06 -431 5383,829 $383,829 Recognize developer contributions for sidewalks/bikepaths 325 06 -107 $250,000 $250,000 SFWMD contribution for Gordon River Water Quality Paz 325 06 -117 $400,000 5400,000 SFWMD contribution for Lely Area Stormwaterproject. 325 06-466 $40,000 $40,000 Developer contribution for Haldeman Creek dredging. 411 06 -063 $500,000 $500,000 SFWMD contribution for NE regional water plant expansi 411 06 -064 $987,679 $987,679 SFWMD contribution for wellfield expansion. 411 06 -065 $1,600,000 $1,600,000 SFWMD contribution for south county water plant expansi -2- Agenda ]tern No. 16F3 November 28, 2006 BUDGET INCREASE INCREASE INCREASE Page 4 of 5 AMENDMENT (DECREASE) (DECREASE) (DECREASE) EXPLANATION FOR FUND NUMBER RECEIPT EXPENDITURE RESERVES APPROPRIATION ,12 06 -544 $1,000,000 $1,000,000 SFWMD contribution for wellfield reliability 414 06-022 $154,936 $154,936 Recognize Centex Homes contribution for well relocation. 426 06.101 $842,700 $842,700 Recognize FTA Transit Enhancement Grant 426 06 -102 $360,000 $360,000 Recognize FDOT block grant for public transportation. 426 06 -126 $234,525 $234,525 Recognize supplemental FTA grant 426 06 -134 $141,498 $141,498 Recognize full allocation from FTA transit grant 426 06 -553 $129,127 $129,127 Recognize transit enhancement grant for bus purchase. 426 06 -554 $25,184 $25,184 Recognize supplemental FDOT transit grant 427 06 -155 $321,176 $321,176 TD grant for qualified Medicaid recipients. 427 06-463 $594,308 $594,308 Recognize TD grant for transit operations. 427 06464 $147,582 $147,582 Recognize Immokalee Circulator TD Grant. 427 06-465 $528,402 $528,402 Recognize TD grant for Medicaid recipients. 490 06-033 $250 $250 NCH contribution for operating certificate. 490 06 -034 $1,186 $1,186 Recognize donation for defibrillator purchase. 491 06 -233 $53,594 $53,594 Recognize state EMS grant for operating equipment. 496 06-456 $67,044 $65,368 ($1,676) Grant for Marco airport runway apron expansion. 496 06457 $360,014 $369,245 ($9,231) Airport Authority Grant for Marco land purchase. 3 I 06-531 $772,996 $795,954 ($22,958) Airport Authority Grant for Immokalee taxiway. 496 06 -532 $108,079 $110,850 ($2,771) Grant for Marco Airport master plan update. 496 06 -559 $153,367 $157,300 ($3,933) Grant for Immokalee Airport master plan update. 604 06 -026 $30,291 $28,791 $1,500 Friends of Extension donation for horticultural learning center. BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes of I this meeting for permanent record in his office. This Resolution adopted this 280' day of November 2006, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: DEPUTY CLERK FRANK HALAS, CHAIRMAN Approved as to form and legal sufficiency: .CYt1& P� David Weigel, Co - Attorney 3 Agenda Item No. 161`3 November 26, 2006 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F3 Item Summary: Recommendation to adopt a resolution approving amendments (appropriating grants, donations.. contributions or insurance proceeds) to the Fiscal Year 2005 -06 Adopted Budget. Meeting Date: 11/28/2006 9:0000 AM Approved By OMB Coordinator Pp � Analyst Applications A Date Administrative Services Information Technology 1112012006 12:09 PM Approved By Michael Smykowski Management & Budget Director 9 Date County Manager's Office Office of Management &Budget 11/2012006 12:53 PM Approved By James V. Mudd y Manager Count Mana g Date Board of County county Manager's Office 11!2012006 4:39 PM Commissioners Agenda Item No. 16G1 November 28, 2006 Page 1 of 58 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners authorize its Chairman to execute a Resolution authorizing the Collier County Airport Authority to enter into "Master Joint Participation Agreement (MJPA) 2007 -A" with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport OBJECTIVE: That the Board of County Commissioners authorize its Chairman to execute the attached Resolution which authorizes the Airport Authority to enter into Master Joint Participation Agreement (MJPA) 2007 -A with the Florida Department of Transportation (FDOT) for funding projects at Everglades, Immokalee, and Marco Island Airports. CONSIDERATIONS: Each fiscal year the FDOT updates its five -year funding program and requires the funding beneficiaries to review, make changes and sign the new annual MJPA. This review and any subsequent changes are presented to the Collier County Airport Authority and then recommended to the Collier County Board of County Commissioners for its approval. This MJPA is an up -to -date reflection of current and future, funded and unfunded requests that go through an individual approval process as funds become available. In order for the Collier County Airport Authority to be considered for Federal Aviation Administration funds, it is necessary to have an MJPA with the FDOT in place which includes the current and future, funded and unfunded projects. The MJPA is also a reflection of the Collier County Airport Authority's projected five -year Business Plan as previously presented to the Board of County Commissioners through workshops. New Projects included in MJPA 2007 -A are as follows: EVERGLADES AIRPORT F M Number Brief Description Budget Page Index 414372 1 94 05 Placeholder for FAA funds Page 2 of 25, Exhibit B 414372 1 94 06 Placeholder for FAA funds Page 3 of 25, Exhibit B FDOT uses placeholders to earmark matching funds for FAA entitlement funds to be received in the future if approved. IMMOKALEE AIRPORT F M Number Brief Description Budget Page Index 414371 1 94 05 Placeholder for FAA funds Page 4 of 25, Exhibit B 4414371 1 94 06 Placeholder for FAA funds Page 5 of 25, Exhibit B 4414371 1 94 07 Placeholder for FAA funds Page 6 of 25, Exhibit B Agenda Item No. 1661 November 28, 2006 Page 2 of 58 MARCO ISLAND AIRPORT F M Number Brief Description Budget Page Index 414370 1 94 05 Modify Apron 414370 1 94 06 Land Acquisition Page 7 of 25, Exhibit B Page 8 of 25, Exhibit B This apron modification and land acquisition will enable the CCAA to increase the runway safety area at the Marco Island Executive Airport to fully comply with FAA design standards and to purchase land to expand the apron area. F M Number Brief Description Budget Paae Index 414370 1 94 07 Placeholder for FAA funds Page 9 of 25, Exhibit B FDOT uses placeholders to earmark matching funds for FAA entitlement funds to be received in the future if approved; and This Master Joint Participation Agreement incorporates certain projects, as detailed below, which are presently funded by now existing Joint Participation Agreements that have been previously approved. F M Number Brief Description Budget Page Index EVERGLADES AIRPORT 414372 1 94 02 Extend Taxiway Phase II FAA Airport Improvement Page 10 of 25, Exhibit B Page 11 of 25, Exhibit B 414372 1 94 03 414372 1 94 04 FAA Airport Improvement Page 12 of 25, Exhibit B IMMOKALEE AIRPORT 407953 1 94 01 Environmental Permit Page 13 of 25, Exhibit B 410827 1 94 01 414371 1 94 02 Emergency Generator Extend Taxiway "C" Phase II Page 14 of 25, Exhibit B Page 15 of 25, Exhibit B 414371 1 94 03 Construct Taxiway "C: Update Master Plan Page 16 of 25, Exhibit B Page 17 of 25, Exhibit B 414371 1 94 04 MARCO ISLAND AIRPORT 2064301 9401 9401 Land Acq. & Phase I Mitigation Mitigation Phase III Page 18 of 25, Exhibit B Page 19 of 25, Exhibit B 4044601 4107881 9401 Surcharge & Const. Of Taxiway Page 20 of 25, Exhibit B 4143701 9401 Mitigation Phase 11 Phase I Page 21 of 25, Exhibit B Page 22 of 25, Exhibit B 4143701 9402 --- 4143701 9403 Taxiway FAA Airport Improvement Page 23 of 25, Exhibit B 4143701 9404 FAA Airport Improvement Page 24 of 25, Exhibit B 4191161 9401 Rehabilitate Fuel Farm Page 25 of 25, Exhibit B Agenda Item No. 1661 November 28, 2006 Page 3 of 58 FISCAL IMPACT: There is no fiscal impact associated with this request. For the projects listed above the majority of the items have been included in the Airport Authority's fiscal year 07 capital budget, except for 10 projects as listed in Attachment A in the amount of $37,690 (county match) which will be requested in future budget cycles. GROWTH IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That by approval of this Executive Summary, the Board of County Commissioners authorizes its Chairman to execute the attached Resolution to thereby authorize the Collier County Airport Authority to enter into Master Joint Participation Agreement 2007 -A with the Florida Department of Transportation to fund projects at the Everglades Airpark, Immokalee Regional Airport, and Marco Island Executive Airport. Prepared by Debi Mueller, Office Manager, Collier County Airport Authority Agenda Item No. 16G1 November 28, 2006 Page 4 of 58 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G1 that the Collier County Board of County Commissioners authorize its Item Summary: Recommendation Chairman to execute a Resolution authorizing the Collier County Airport Authority to enter into, modify, or terminate Master Joint Participation Agreement (MJPA) 2007 -A with the Florida Department of 7ransportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport . Meeting Date: 11/26/2006 9:00:00 AM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 1111512006 2:01 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services 1111612006 11:02 AM Information Technology Approved By Susan Usher Senior ManagementfBudget Analyst Date County Manager's Office Office of Management &Budget 11120!2006 1:59 PM Approved By am es V. Mudd Y Date Count Manager g Board of County County Manager's Office 11!20120064:04 PM Commissioners ItuEffED 1tS 014AN November 28, 2006 Florida Department of Transportation JEB BUSH GOVERNOR October 10, 2006 Ms. Theresa Cook, Executive Director Collier County Airport Authority Immokalee, Everglades, and Marco Island Airports 2005 Mainsail Drive, Suite 1 Naples, FL 34114 Re: Master Joint Participation Agreement 2007 - A Dear Ms. Cook: DENVER J. STUTLER, JR. SECRETARY Attached is one (1) copy of a Master Joint Participation Agreement (MJPA) providing for Department participation in projects at the referenced airports. As you know, the Agreement will incorporate your existing Master JPA and new projects into a single contract document, and replace the existing Master JPA. Please execute and return three (3) copies of the agreement in accordance with the attached checklist. Do not date the agreements. The fourth (4th) copy is for your records. Attached you will find a sample resolution we recommend for use with this new multi - project Agreement. If you require additional information or have any questions, please feel free to contact this office. TWB:rl Attachments SAP AV1 MNMRT MA ATEEMMs EC LETtFR Sincerely, Terry W. Beacham District Modal Development Administrator District One Modal DevelopmentOffice 801 North Broadway Avenue *Post Office Box 1249 *Bartow, FL 33831249 (863) 519- 2388 *(863) 5347172 *MS 1 -39 (800) 292 -3368 www.dot.state.fl.us Agenda Item No. 16G1 November 28, 2006 Page 6 of 58 MASTER JOINT PARTICIPATION AGREEMENT NUMBER (Number (example 2004 -A)) (Found in Agreement paragraph 1.00, Purpose of Agreement) (SAMPLE) RESOLUTION FOR MASTER JOINT PARTICIPATION AGREEMENT A RESOLUTION of the Public A enc authorizing the execution of that certain Master Joint Participation Agreement (MJPA) with the Florida Department of Transportation. WHEREAS, Public A enc hrlshe authority to enter into an agreement with the Florida Department of Transportation to undertake a project as authorized by Florida Statute 332, and Florida Administrative Code 14-60; NOW, THEREFORE, BE IT RESOLVED BY THE LORI (Public Agencyl I . That MJPA Number (Number) is approved. 2. That (Authorized Indivi l is authorized to enter into, modify or terminate the MJPA with the Florida Department of Transportation, unless specifically rescinded. DULY PASSED AND ADOPTED THIS 20 ATTEST: (Seal) M. Title Agenda Item No. 1661 November 28, 2006 Page 7 of 58 CHECK LIST Please check for these items on Joint Participation Agreements, Supplemental Joint Participation Agreements or Joint Participation Agreement Terminations to ensure validity of the Agreement. (1) Original Signature must appear on three (3) copies of the Agreements. (2) Please be sure authorized parties tie titles and names on all copies for clarity. (3) Please provide two resolutions from the Agency authorizing signing of the Agreement. Resolutions must specifically identify, by name or title, person(s) authorized to sign Agreements. Resolutions must bear original signature with seal. A sample Resolution is attached for your consideration and use. (4) Please do not fill in any dates on the Agreements. (5) Please return three (3) signed copies of the Agreement for further processing to the District Modal Development Office at the address below: Florida Department of Transportation District One Modal Development Office P. O. Box 1249 Bartow, Florida 33830 A copy will be furnished to your Agency after the Agreement is executed by the Department. (6) Do not obligate funds against this project until final execution of the Agreement by the State has been completed and you have the necessary written approval from the Department. Agenda Item No. 16G1 November 28, 2006 Page 8 of 58 725-030-M STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION pUKM TRANSPORTATION PUBLIC TRANSPORTATION 09MB JOINT PARTICIPATION AGREEMENT Page Ot 14 Financial Project No.: Fund: 010 FLAIR Approp.: 088719 See Exhibit "B" FLAIR Obj.: 750004 Function: 215 55012020129 em- seamen p ase- aequettce Federal NO.: NA Org. Code: Vendor Na.: F596000558004 Contract No.: See Exhibit "B" DUNS No.: 076997790 55004 CFDA Number. NA CSFA Number: -- THIS AGREEMENT, made and entered into this day of I by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Airport Authority 2005 Mainsail Drive, Suite 1, Naples, FL 34114 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before See Exhibit "B" and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: --- WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project jurisdiction ina er described, ding and the Department has been granted the authority to function adequately in all areas of appropriate the implementation of an integrated and balanced transportation system and is authorized under 332.006(6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide a Master Joint Participation Agreement whereby the Department shall participate in multiple aviation projects at Everglades, Immokalee and Marco Island Airports, (which Agreement shall be identified as Master Joint Participation Agreement 2007 -A), and as further described in Exhibits) A,B,C, and D I attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Agenda Item No. 1661 November 28, 2006 Page 9 of 58 725- 030-06 PUBLIC TRANSPORTATION . 09/06 Page 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 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 may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ See Exhibit "B" This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ See Exhibit "B" as detailed in Exhibit "B ", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B ", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Departments appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding O is @) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retannage : Retainage Q is (9 is not applicable. If applicable, NA percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. Agenda Item No. 16G1 November 28, 2006 Page 10 of 58 725 -03046 .--, - PUBLIC TRANSPORTATION 08106 Page 3 of 14 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Departments program guidelines /procedures and 'Principles for State and Local Governments ", separate accounts to be maintained within its existing accounting system or establish independent ". Documentation of the project accounts. Such accounts are referred to herein collectively as the "project account account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds ". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been anpro manner as prescribed by State Law for the Dsecurity of public�funds, or as approved 'by the Department. types 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Proj set 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. 7.60 Checks, Orders, and Vouche rs: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. . Agenda Item No, 16G1 November 28, 2006 Page 11 of 58 725 -a3aos PUBLIC TRANSPORTATION 09/06 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-1'33 and Section 215.97, Florida Statutes, (see "Audits" below), 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 Agency 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 Agency is appropriate, the Agency 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 FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non -profit organizations as defined in OMB Circular A -133 and a recipient of federal funds, the following annual audit criteria will apply: 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 OMB C ircular A -133, as revised. Exhibit "D" to 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 OMB 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 OMB Circular A -133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A -133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from 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 it State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 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, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" 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 nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed In Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10:550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate 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. Agenda Item No. 16G1 November 28, 2006 Page 12 of 58 728-03046 PUBLIC TRANSPORTATION 09106 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow -up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. 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 Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or 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 reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Section 7.621 of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A -133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: 801 North Broadway Avenue Bartow, FL 33830 B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133. 2. In the event that a copy of the reporting package for an audit required by Section 7.621 of this Agreement and conducted in accordance with OMB Circular A-1 33 is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A -133, 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: 801 North Broadway Avenue Bartow, FL 33830 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A -133, and any management letters issued by the auditor, to the Department at each of the following addresses: 801 North Broadway Avenue Bartow, FL 33830 Agenda Item No. 16G1 November 28, 2006 Page 13 of 58 725 - 030.06 PUBLIC TRANSPORTATION 09/06 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.622 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 addresses: 801 North Broadway Avenue Bartow, Fl- 33830 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the management letter required by Section 7.623 of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: 801 North Broadway Avenue Bartow, Ft. 33830 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Section 215.97, Florida Statutes, and Chapter 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 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 Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or Its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. Agenda Item No. 16G1 November 28, 2006 Page 14 of 58 726-030-08 PUBLIC TRANSPORTATION 09!08 Page 7 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District One Public Transportation Office 801 North Broadway Avenue Bartow, FL 338 , FL, 33830 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 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; 8.23 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 expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. 8.30 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, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. Agenda Item No. 16G1 November 28, 2006 Page 15 of 58 725 - 030.06 PUBLIC TRANSPORTATION 08106 Page a of 14 8.40 Payment Offset: 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 public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, 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 any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) fumish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Departments authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 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 joint participation funds, including consultant, construction or purchase of commodities 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 as provided in Section 8.23. 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. Agenda Item No. 16G1 November 28, 2006 Page 16 of 58 7264)3046 PUBLIC TRANSPORTATION 08!06 Page 9 of 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. 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. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 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, creed, color, sex or national origin. 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, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for 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. 13.20 Title VI - Civ it Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. Agenda Item No. 16G1 November 28, 2006 Page 17 of 58 725-03406 PUBLIC TRANSPORTATION 08/06 Page 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 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 the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non - compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of. any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair. or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 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. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. Agenda Item No_ 1661 November 28, 2006 Page 18 of 58 725-030-W PUBUC TRANSPORTATION 0®!06 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in. accordance with general accounting principles and approved by the Department The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of 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 agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this by he D partment claim, loss, damage, cost, of its officers, charge, or expense employees arising out of any act, performance of the, or negligent act Agreement When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (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 that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by 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. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Agenda Item No. 16G1 November 28, 2006 Page 19 of 58 725-030.06 PUBLIC TRANSPORTATION 09/06 Page 12 of 14 17.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., 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 Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." . 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before See Exhibit "B" . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary or Designee . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120, days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 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. 20.00 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. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal: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 federal 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 Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. Agenda Item No. 16G1 November 28, 2006 Page 20 of 58 725.030-06 PUBLIC TRANSPORTATION 09106 Page 13 of 14 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 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 services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the 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 Department of Financial Services Hotline, 1- 800 -848 -3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit 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. Agenda Item No, 16G1 November 28, 2006 Page 21 of 58 725-03046 PUBLIC TRANSPORTATION 09106 Page 14 of 14 Financial Project No. See Exhibit "B" Contract No. See Exhibit "B" Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Collier County Airport Authority AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE FDOT See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION Deputy Director of Transportation Development TITLE Exhibit D Agenda Item No. 16G1 November 28, 2006 Page 22 of 58 725 -030-06 PUMIC TRANSPORTATION 09106 Exhibit o FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agencv Compliance Reauiremgr s 1. 2. 3. STATE RESOURCES State Agencv Compliance Reauirements 1. 2. 3. [on ... D.H_ : >t _ Matching Resources for Federal Programs Federal Agencv Gataloo of Federal Domestic Assistance (Number & Title) .0 ILI * -Mln 3 Amount NOTE: Section .400(d) of OMB Circular A -133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. Agenda Item No. 16G1 November 28, 2006 Page 23 of 58 EXHIBIT "A" PROJECTS INCLUDED This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Airport Authority, 2003 Mainsail Drive, Naples, Florida 34114 dated This master Joint Participation Agreement governs multiple projects that are individually identified by Financial Project Management Number (FM Number) as set forth below. The contract number, description, budget, original JPA execution date, and expiration date for each project are fully set forth in Exhibit B hereafter. All terms and conditions of the Agreement apply to and govern each project individually. When projects are to be added to or removed from this Agreement, such changes shall be accomplished by the execution of a new master Joint Participation Agreement between the Department and the Agency. F.M. Number Brief Description Budget Page Index EVERGLADES AIRPARK 414372 194 05 414372 194 06 IMMOKALEE AIRPORT 414371 194 05 414371 194 06 414371 194 07 FAA Airport Improvement FAA Airport Improvement FAA Airport Improvement FAA Airport Improvement FAA Airport Improvement MARCO ISLAND AIRPORT 414370 -194 05 414370 194 06 414370 194 07 Modify Apron Land Acquisition FAA Airport Improvement Pagel of 3 Page 2 of 25, Exhibit B Page 3 of 25, Exhibit B Page 4 of 25, Exhibit =B Page 5 of 25, Exhibit B Page 6 of 25, Exhibit B Page 7 of 25, Exhibit B Page 8 of 25, Exhibit B Page 9 of 25, Exhibit B Agenda Item No. 16G1 November 28, 2006 Page 24 of 58 EXISTING PROJECTS INCORPORATED This master Joint Participation Agreement hereby incorporates certain projects, as detailed below, which are presently funded by existing Joint Participation Agreements between the Department and the Agency. Upon execution, this Agreement shall replace the existing Joint Participation Agreement for such projects. All terms, conditions, obligations, rights, responsibilities, and requirements of this Agreement replace those defined by the existing Joint Participation Agreement for such projects. Department approval for all contracts, change orders, third party agreements, and other similar documentation previously issued for such projects is hereby transferred to this agreement, as if issued under this Agreement. F M Number Brief Descrintion Budzet Paae Index EVERGLADES AIRPORT 414372 194 02 414372 194 03 414372 194 04 IMMOKALEE 407953 194 01 410827 194 01 414371 194 02 414371 194 03 414371 194 04 Extend Taxiway Phase 11 FAA Airport Improvement FAA Airport Improvement AIRPORT Environmental Permit Purchase & Install Emergency Generator Extend Taxiway "C" Phase II Construct Taxiway C Update Airport Master Plan Page 2 of 3 Page 10 of 25, Exhibit B Page 11 of 25, Exhibit B Page 12 of 25, Exhibit B .Page 13 of 25, Exhibit B Page 14 of 25, Exhibit B Page 15 of 25, Exhibit B Page 16 of 25, Exhibit B Page 17 of 25, Exhibit B MARCO ISLA 206430 194 01 404460 194 01 410788 194 01 414370 194 01 414370 194 02 414370 194 03 414370 194 04 419116 194 01 ND AIRPORT Land Acquisition & Phase I Mitigation Mitigation Phase III Surcharge /Const. of TW /Apron Phase II Mitigation Phase H Taxiway Phase I Surcharge and Construction Update Airport Master Plan Rehabilitate Fuel Farm Page 3 of 3 Agenda Item No. 1661 November 28, 2006 Page 25 of 58 Page 18 of 25, Exhibit B Page 19 of 25, Exhibit B Page 20 of 25, Exhibit B Page 21 of 25, Exhibit B Page 22 of 25, Exhibit B Page 23 of 25, Exhibit B Page 24 of 25, Exhibit B Page 25 of 25, Exhibit B EXHIBIT "B" PROJECT BUDGETS Agenda Item No. 16G1 November 28, 2006 Page 26 of 58 This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Collier County Airport Authority, 2003 Mainsail Drive Na les Florida 34114 dated This master Joint Participation Agreement governs the projects identified on Exhibit A of this Agreement. The Financial Project Management Number (FM Number), contract number, description, budget, original JPA execution date, and expiration date for each project governed by this Agreement are set forth in this Exhibit B. Any other provision of this Agreement notwithstanding, the expiration or termination of this Agreement as to any projector projects shall not cause the Agreement to expire or be terminated as to other projects governed by this Agreement. Unless otherwise expressly stated, all projects identified herein include design, engineering, administration, construction, installation, and purchasing costs, as applicable to the project scope. Such costs are eligible for Department participation and reimbursement. Page 1 of 25 Agenda Item No. 16G1 November 28, 2006 Page 27 of 58 PROJECT BUDGET EVERGLADES AIRPORT FM Number: 414372 194 05 Contract Number: Original JPA Date: Expiration Date: July 1, 2011 FAA AIRPORT IMPROVEMENT PROJECT I. PROJECT COST: $2,000 H. PARTICIPATION: Maximum Federal Participation ( * %) or $1,600 Agency Participation ( * %) $200 Maximum Department Participation, ( * %) $200 TOTAL PROJECT COST $2,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 09/10 $200 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 2 of 25 Agenda Item No. 16G1 November 28, 2006 Page 28 of 58 PROJECT BUDGET EVERGLADES AIRPORT FM Number: 414372 194 06 Contract Number: Original JPA Date: Expiration Date: July 1, 2011 FAA AIRPORT IMPROVEMENT PROJECT I. PROJECT COST: $2,000 II. PARTICIPATION: Maximum Federal Participation ( * %) or $1,600 Agency Participation ( * %) $200 Maximum Department Participation, ( * %) $200 TOTAL PROJECT COST $2,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 09/10 $200 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 3 of 25 Agenda Item No. 16G1 November 28, 2006 Page 29 of 58 PROJECT BUDGET EV MOKALEE AIRPORT FM Number: 414371 194 05 Contract Number: Original JPA Date: Expiration Date: July 1, 2011 FAA AIRPORT IMPROVEMENT PROJECT I. PROJECT COST: $2,000 II. PARTICIPATION: Maximum Federal Participation ( * %) or $1,600 Agency Participation ( * %) $200 Maximum Department Participation, ( * %) $200 TOTAL PROJECT COST $2000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 09/10 $200 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 4 of 25 Agenda Item No. 16G1 November 28, 2006 Page 30 of 58 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 4414371 194 06 Contract Number: Original JPA Date: Expiration Date: July 1, 2013 FAA AIRPORT IMPROVEMENT PROJECT I. PROJECT COST: II. PARTICIPATION: Maximum Federal Participation Agency Participation Maximum Department Participation, $2,000 ( * %) or $1,600 ( * %) $200 ( * %) $200 TOTAL PROJECT COST $2,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 07/08 $100 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 5 of 25 Agenda Item No, 1661 November 28, 2006 Page 31 of 58 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 4414371 194 07 Contract Number: Original JPA Date: Expiration Date: July 1, 2011 FAA AIRPORT IMPROVEMENT PROJECT I. PROJECT COST: $2,000 II. PARTICIPATION: Maximum Federal Participation ( * %) or $1,600 Agency Participation ( * %) $200 Maximum Department Participation, ( * %) $200 TOTAL PROJECT COST $2,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 09 /10 $200 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 6 of 25 PROJECT BUDGET MODIFY APRON I. PROJECT COST: II. PARTICIPATION: Maximum Federal Participation Agency Participation Agenda Item No. 16G1 November 28, 2006 Page 32 of 58 MARCO ISLAND AIRPORT FM Number: 414370 194 05 Contract Number: Original JPA Date: Expiration Date: July 1, 2009 $67,044 ( * %) or $63,692 ( * %) $1,676 Maximum Department Participation, ( * %) $1,676 TOTAL PROJECT COST $67,044 *State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 06107 $1,676 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 7 of 25 PROJECT BUDGET LAND ACQUISITION I. II. PROJECT COST: PARTICIPATION: Maximum Federal Participation Agency Participation Agenda Item No. 16G1 November 28, 2006 Page 33 of 58 MARCO ISLAND AIRPORT FM Number: 414370 194 06 Contract Number: Original JPA Date: Expiration Date: July 1, 2009 $369,245 ( * %) or $350,783 ( * %) $9,231 Maximum Department Participation, ( * %) $9,231 TOTAL PROJECT COST $369,245 *State funding not to exceed one -half of the non - federal share. III. - PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 06/07 $9,231 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. i Page 8 of �5 Agenda Item No. 16G1 November 28, 2006 Page 34 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 414370 194 07 Contract Number: Original JPA Date: Expiration Date: July 1, 2011 FAA AIRPORT IMPROVEMENT PROJECT L PROJECT COST: II. PARTICIPATION: Maximum Federal Participation Agency Participation $2,000 ( * %) or $1,600 ( * %) $200 Maximum Department Participation, ( # %) $200 TOTAL PROJECT COST $2,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 09/10 $200 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 9 of 25 Agenda Item No. 16(S1 November 28, 2006 Page 35 of 58 PROJECT BUDGET EVERGLADES AIRPORT FM Number: 414372 194 02 Contract Number: ANF40 Original JPA Date: June 30, 2006 Expiration Date: July 1, 2009 EXTEND PARALLEL TAXIWAY — PHASE H I. PROJECT COST, AS APPROVED: II. PARTICIPATION: Maximum Federal Participation Agency Participation Maximum Department Participation TOTAL PROJECT COST $ 364,918 ( * %) $351,918 ( * %) $5,500 ( * %) $5,500 $ 364,918 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 04/05 $3,573 FY 05106 $1,927 Project years maybe advanced or deferred subject to Legislative appropriation or availability of funds. Page 10 of 25 Agenda Item No. 16G1 November 28, 2006 Page 36 of 58 PROJECT BUDGET EVERGLADES AIRPORT FM Number:' 414372 194 03 Contract Number: ANF41 Original JPA Date: March 4, 2004 Expiration Date: July 1, 2009 FAA AIRPORT IMPROVEMENT PROJECT L PROJECT COST: $2,000 II. PARTICIPATION: Maximum Federal Participation ( * %) or $1,800 Agency Participation ( * %) $100 Maximum Department Participation, ( * %) $100 TOTAL PROJECT COST $2,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s) : FY 07/08 $100 Project years maybe advanced or deferred subject to Legislative appropriation or availability of funds. Page 11 of 25 Agenda Item No. 16G1 November 28, 2006 Page 37 of 58 PROJECT BUDGET EVERGLADES AIRPORT FM Number: 414372 194 04 Contract Number: ANF42 Original JPA Date: March 4, 2004 Expiration Date: July 1, 2009 FAA AIRPORT IMPROVEMENT PROJECT I. PROJECT COST: $2,000 II. PARTICIPATION: Maximum Federal Participation ( * %) or $1,800 Agency Participation ( * %) $100 Maximum Department Participation, ( * %) $100 TOTAL PROJECT COST $2,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 07/08 $100 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 12 of 25 Agenda Item No. 1651 November 28, 2006 Page 38 of 58 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 407953 194 01 Contract Number: ANK47 Original JPA Date: April 10, 2000 Expiration Date: July 1, 2009 CONCEPTUAL ENVIRONMENTAL RESOURCE PERMIT I. PROJECT COST, AS APPROVED: $ 400,000 H. PARTICIPATION: Agency Participation Maximum Department Participation TOTAL PROJECT COST ( 20%) $80,000 ( 80 %) $320,000 $ 400,000 III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work-Program in the following fiscal year(s): FY 04/05 $280,000 FY 07/08 $40,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 13 of 25 Agenda Item No. 16G1 November 28, 2006 Page 39 of 58 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 410827 194 01 Contract Number: AOF 10 Original JPA Date: June 30, 2006 Expiration Date: July 1, 2008 PURCHASE AND INSTALL EMERGENCY GENERATOR I. PROJECT COST $ 100,000 III. PARTICIPATION: Agency Participation Maximum Department Participation TOTAL PROJECT COST ( 20%) ( 80 %) $20,000 $80,000 $ 100,000 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 05/06 $80,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 14 of 25 PROJECT BUDGET EXTEND TAXIWAY "C "— PHASE II I. PROJECT COST 11 PARTICIPATION: Maximum Federal Participation Agency Participation Maximum Department Participation Agenda Item No. 16G1 November 28, 2006 Page 40 of 58 IMMOKALEE AIRPORT FM Number: 414371 194 02 Contract Number: ANF44 Original JPA Date: March 4, 2004 Expiration Date:. July 1, 2009 $ 166,834 ( * %) $158,500 ( 50%) $4,167 ( 50%) $4,167 TOTAL PROJECT COST $166,834 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 04/05 $4,167 Project years maybe advanced or deferred subject to Legislative appropriation or availability of funds. Page 15 of 25 Agenda Item No, 16G1 November 28, 2006 Page 41 of 58 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 414371 194 03 Contract Number: ANF45 Original IPA Date: March 4, 2004 Expiration Date: July 1, 2009 Supplemental Number One This project description is amended to read: CONSTRUCT TAXIWAY C I. PROJECT COST, AS APPROVED $789,639 II. PARTICIPATION: Maximum Federal Participation ( * %) or $750,039 Agency Participation ( * %) $19,800 Maximum Department Participation, ( * %) $19,800 TOTAL PROJECT COST $789,639 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 06/07 $19,800 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 16 of 25 Agenda Item No. 16G1 November 28, 2006 Page 42 of 58 PROJECT BUDGET IMMOKALEE AIRPORT FM Number: 414371 194 04 Contract Number: ANF46 Original JPA Date: March 4, 2004 Expiration Date: July 1, 2009 Supplemental Number One This project description is amended to read: UPDATE MASTER PLAN I. PROJECT COST: $157,335 II. PARTICIPATION: Maximum Federal Participation ( * %) or $149,435 Agency Participation ( * %) $3,950 Maximum Department Participation, ( * %} $3,950 TOTAL PROJECT COST $157,335 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 06/07 $3,950 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 17 of 25 Agenda Item No. 16G1 November 28, 2006 Page 43 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 206430 194 01 Contract Number: AI93 5 Original JPA Date: March 22, 1999 Expiration Date: July 1, 2008 LAND PURCHASE AND NIITIGATION (PHASE I) FOR PARALLEL TAXIWAY AND APRON 1. PROJECT COST: $250,000 II. PARTICIPATION: Agency Participation ( 25 %) $62,500 Maximum Department Participation, ( 75 %) $187,500 TOTAL PROJECT COST $250,000 III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 00/01 $112,500 FY 01/02 $75,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 18 of 25 PROJECT BUDGET Agenda Item No. 16G1 November 28, 2006 Page 44 of 58 MARCO ISLAND AIRPORT FM Number: 404460 194 01 Contract Number: AI526 Original JPA Date: June 7, 2000 Expiration Date: July 1, 2008 MITIGATION (PRASE III) FOR PARALLEL TAXIWAY AND APRON I. PROJECT COST: $350,000 II. PARTICIPATION: Agency Participation ( 20 %) $70,000 Maximum Department Participation, ( 80 %) $280,000 TOTAL PROJECT COST $350,000 III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 02/03 $180,000 FY 03/04 $100,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 19 of 25 Agenda Item No. 16G1 November 28, 2006 Page 45 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 410788 194 01 Contract Number: AOF09 Original JPA Date: June 30, 2006 Expiration Date: July 1, 2008 SURCHARGE AND CONSTRUCTION OF TXIWAY AND APRON — PHASE II I. PROJECT COST II. PARTICIPATION: $ 570,000 Agency Participation ( 20%) $114,000 Maximum Department Participation ( 80%) $ 456,000 TOTAL. PROJECT COST $ 570,000 *State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 05106 456,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 20 of 25 Agenda Item No. 16G1 November 28, 2006 Page 46 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 414370 194 01 Contract Number: ANI-I17 Original JPA Date: March 4, 2004 Expiration Date: July 1, 2008 MITIGATION (PHASE II) FOR PARALLEL TAXIWAY AND APRON I. PROJECT COST $ 1,150,538 II. PARTICIPATION: Maximum Federal Participation ( * %) $ 1,085,484 Agency Participation Maximum Department Participation ( 50%) $32,527 ( 50%) $ 32,527 TOTAL PROJECT COST $ 1,150,538 *State funding not to exceed'one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 03/04 $7,527 FY 04/05 $25,000 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. m_ Page 21 of 25 Agenda Item No. 1661 November 28, 2006 Page 47 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 414370 194 02 Contract Number: ANF48 Original JPA Date: March 4, 2004 Expiration Date: July 1, 2009 TAXIWAY SURCHARGE AND CONSTRUCTION PHASE I I. PROJECT COST $ 150,526 II. PARTICIPATION: Maximum Federal Participation (* %) $143,000 Agency Participation (50 %) $3,763 Maximum Department Participation (50 %) $3,763 TOTAL PROJECT COST $150,526 *State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 04/05 $3,763 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 22 of 25 Agenda Item No. 16G1 November 28, 2006 Page 48 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 414370 194 03 Contract Number: ANF49 Original JPA Date: March 4, 2004 Expiration Date: July 1, 2009 Supplemental Number One This project description is amended to read: SURCHARGE AND CONSTRUCTION I. PROJECT COST: $2,000 II. PARTICIPATION: Maximum Federal Participation ( * %} or $1;800 Agency Participation ( * %) $100 Maximum Department Participation, $100 TOTAL PROJECT COST $2,000 *State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 07/08 $100 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 23 of 25 I Agenda Item No. 16G1 November 28, 2006 Page 49 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 414370 194 04 Contract Number: ANF50 Original JPA Date: March 4, 2004 Expiration Date: July 1, 2009 Supplemental Number One This project description is amended to read: UPDATE MASTER PLAN I. PROJECT COST: $110,850 II. PARTICIPATION: Maximum Federal Participation ( * %) or $105,308 Agency Participation ( * %) $2,771 Maximum Department Participation, ( * %) $2,771 TOTAL PROJECT COST $110,850 * State funding not to exceed one -half of the non - federal share. III. PROGRAMMED STATE FUNDS Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 06/07 $2,771 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 24 of 25 Agenda item No. 16G1 November 28, 2006 Page 50 of 58 PROJECT BUDGET MARCO ISLAND AIRPORT FM Number: 419116 194 01 Contract Number: A0010 Original JPA Date: June 17, 2005 Expiration Date: July 1, 2008 REHABILITATE FUEL FARM I. PROJECT COST: $280,500 II. PARTICIPATION: Agency Participation ( 50 %) $140,250 Maximum Department Participation, ( 50 %) $140,250 TOTAL PROJECT COST $280,500 III. PROGRAMMED STATE FUNDS .Project funds are programmed in the Department's Work Program in the following fiscal year(s): FY 04/05 $140,250 Project years may be advanced or deferred subject to Legislative appropriation or availability of funds. Page 25 of 25 Agenda Item No. 16G1 November 28, 2006 Page 51 of 58 RESOLUTION NO. 2006- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, GRANTING THE COLLIER COUNTY AIRPORT AUTHORITY ALL NECESSARY AUTHORITY TO ENTER INTO MASTER JOINT PARTICIPATION AGREEMENT 2007 -A WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IT IS HEREBY RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that 1. The Board of County Commissioners of Collier County, Florida, grants the Collier County Airport Authority the authority to enter into an agreement with the Florida Department of Transportation to undertake projects as authorized by Chapter 332, Florida Statues, and Section 14 -60 of the Florida Administrative Code. 2. MJPA Number 2007 -A, attached hereto, is hereby approved. 3. The Chairman of the Collier County Airport Authority, Stephen L. Price, is hereby authorized to enter into the MJPA with the Florida Department of Transportation, unless and until specifically rescinded. 4. This Resolution shall take effect immediately upon adoption. ADOPTED this 28th day of November 2006 after motion, second and majority vote in favor of adoption. ATTEST: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk LOR Deputy Clerk By: FRANK HALAS, Chairman Approved as to form and legal sufficiency: Tom Palmer, Assistant County Attorney C: \Documents and Settings \pahner_t \L.ocal Settings \Temporary Internet Files \OLK 12 \BCC Master Joint Participation Agreement -Nov 2006.doc i Agenda Item No. 16G1 November 28, 2006 Page 52 of 58 RESOLUTION NO. 06-49 i RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY (CCAA) RECOMMENDING THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE AND AUTHORIZE THE CCAA CHAIRMAN TO EXECUTE THE MASTER JOINT PARTICIPATION AGREEMENT 2007 -A BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE COLLIER COUNTY AIRPORT AUTHORITY WHEREAS, each fiscal year the Florida Department of Transportation (FDOT) updates its five -year funding program and requires the funding beneficiaries to review, make changes and sign the new annual agreement. This review and any subsequent changes are presented to the Collier County Airport Authority and then recommended to the Collier County Board of County Commissioners (BCC) for its approval. This Master Joint Participation Agreement (MJPA) is a reflection of current and future, funded and unfunded requests that go through an individual approval process as funds become available. In order for the CCAA to be considered for Federal Aviation Administration (FAA) funds, it is necessary to have a MJPA in place, which includes the current and future, funded and unfunded projects. The MJPA is also a reflection of the CCAA's projected five -year business plan as previously presented to the BCC through workshops. New Projects included in the MJPA are as follows: EVERGLADES AIRPORT F M Number Brief Description Budget Page Index 414372 194 05 Placeholder for FAA funds Page 2 of 25, Exhibit B 414372 1 94 06 Placeholder for FAA funds Page 3 of 25, Exhibit B FDOT uses placeholders to earmark matching funds for FAA entitlement funds to be received in the future if approved. IMMOKALEE AIRPORT F M Number Brief Description Budget Page Index 414371 194 05 Placeholder for FAA funds Page 4 of 25, Exhibit B 4414371 194 06 Placeholder for FAA funds Page 5 of 25, Exhibit B 4414371 194 07 Placeholder for FAA funds Page 6 of 25, Exhibit B MARCO ISLAND AIRPORT F M Number Brief Description Budget Page Index 414370 194 05 Modify Apron Page 7 of 25, Exhibit B 414370 194 06 Land Acquisition Page 8 of 25, Exhibit B This apron modification and land acquisition will enable the CCAA to increase the runway safety area at the Marco Island Executive Airport to fully comply with FAA design standards and to purchase land to expand the apron area. Y: Administration\AA Board\Resolutions12006 Resolutions\Res 06-49 Master JPA TCP comments 11 -06-06 (3).doc Agenda Item No. 16G1 November 28, 2006 Page 53 of 58 C U FDOT uses placeholders to earmark matching funds for FAA entitlement funds to be received in the future if approved; and WHEREAS, this Master Joint Participation Agreement incorporates certain projects, as detailed below, which are presently funded by existing Joint Participation Agreements, that have been previously approved. F.M. Number Brief Description Budget Page Index EVERGLADES AIRPORT 414372 1 94 02 Extend Taxiway Phase II 414372 194 03 FAA Airport Improvement 414372 1 94 04 FAA Airport Improvement IMMOKALEE AIRPORT 407953 194 01 F.M. Number Brief Description Budget Page Index 414371 1 94 02 414370 194 07 Placeholder for FAA funds Page 9 of 25, Exhibit B C U FDOT uses placeholders to earmark matching funds for FAA entitlement funds to be received in the future if approved; and WHEREAS, this Master Joint Participation Agreement incorporates certain projects, as detailed below, which are presently funded by existing Joint Participation Agreements, that have been previously approved. F.M. Number Brief Description Budget Page Index EVERGLADES AIRPORT 414372 1 94 02 Extend Taxiway Phase II 414372 194 03 FAA Airport Improvement 414372 1 94 04 FAA Airport Improvement IMMOKALEE AIRPORT 407953 194 01 Environmental Permit 410827 1 94 01 Emergency Generator 414371 1 94 02 Extend Taxiway "C" Phase II 414371 1 94 03 Construct Taxiway "C: 414371 1 94 04 Update Master Plan MARCO ISLAND AIRPORT 206430 1 9401 404460 194 01 4107881 9401 4143701 9401 4143701 9402 4143701 9403 4143701 9404 419116 194 01 ; and Land Acq. & Phase I Mitigation Mitigation Phase III Surcharge & Const. Of Taxiway Mitigation Phase II Taxiway Phase I FAA Airport Improvement FAA Airport Improvement Rehabilitate Fuel Farm Page 10 of 25, Exhibit B Page 11 of 25, Exhibit B Page 12 of 25, Exhibit B Page 13 of 25, Exhibit B Page 14 of 25, Exhibit B Page 15 of 25, Exhibit B Page 16 of 25, Exhibit B Page 17 of 25, Exhibit B Page 18 of 25, Exhibit B Page 19 of 25, Exhibit B Page 20 of 25, Exhibit B Page 21 of 25, Exhibit B Page 22 of 25, Exhibit B Page 23 of 25, Exhibit B Page 24 of 25, Exhibit B Page 25 of 25, Exhibit B WHEREAS, the fiscal impact of this MJPA is reflected in the CCAA's annual request for capital funds and approved by the BCC. This MJPA will be revised to meet future individual project funding approvals; and WHEREAS, the Growth Management Impact will be determined by each individual project as each is funded. Y:1AdministrationlAA Board\Resolutions12006 ResolutionslRes 06-49 Master JPA TCP comments 11 -06 -06 (3).doc 10 -4) Agenda Item No. 16G1 November 28, 2006 Page 54 of 58 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the Authority recommends the Collier County Board of County Commissioners approve and authorize the Authority's Chairman, Stephen L. Price, to execute the Master Joint Participate Agreement 2007 -A between the Collier County Airport Authority and the Florida Department of Transportation. PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport Authority this 13th day of November. 2006. DATED: ATTEST: t Theresa . Cook, Executive Director Approved as to form and legal sufficiency: Tom Palmer, Assistant County Attorney COLLIER COUNTY AIRPORT AUTHORITY CO R TY, FLORIDA 4—2 epp--en�?=. Price, Chairman YAAdministration\AA Board\Resolutions12006 Resolutions\Res 0649 Master JPA TCP comments 11-06-06 (3).doc Agenda Item No. 16G1 November 28, 2006 Page 55 of 58 Attachement A to MJPA Executive Summary Projects funded and approved by the Board of County Commissioners as of 9/31/06 1,800.00 2,000.00 1,800.00 2,000.00 Fundir F.M. Number Description Total FAA Everglades Airpark 414372 1 94 02 Extend Taxiway Phase II 362,918.00 351,918.00 Subtotal 362,918.00 351,918.00 Immokalee Regional Airpor 4079531 9401 Environmental Permit 400,000.00 - 410827 1 9401 Emergency Generator 100,000.00 - 414371 1 9402 Extend Taxiway C Phase II 166,834.00 158,500.00 414371 1 9403 Construct Taxiway C 789,639.00 750,039.00 414371 1 9404 Update Master Plan 157,335.00 149,435.00 Subtotal 1,613,808.00 1,057,974.00 Marco Island 4143701 9405 Modify Apron 67,044.00 63,692.00 414370 1 9406 Land Acquisition 369,245.00 350,783.00 4143721 9402 Extend Taxiway 362,918.00 351,918.00 2064301 9401 Land Acq. & Phase I Mitigation 250,000.00 - 404460 1 9401 Mitigation Phase III 350,000.00 4107881 9401 Surcharge & Const. Of Taxiway 570,000.00 - 414370 1 9404 Update Master Plan 110,850.00 105,308.00 4191161 9401 Rehabilitate Fuel Farm 290,300.00 - Subtotal 2,370,357.00 871,701.00 Grand Total 4,347,083.00 2,281,593.00 Projects included in MJPA as placeholders for FAA funds. No match is being requested at this time. Everglades Airpark 414372 1 94 03 414372 1 94 04 414372 1 94 05 414372 1 94 06 Subtotal Immokalee Regional Airpor FAA Airport Imrpovement FAA Airport Imrpovement FAA Airport Imrpovement FAA Airport Imrpovement 2,000.00 1,800.00 2,000.00 1,800.00 2,000.00 1,600.00 2,000.00 1,600.00 8,000.00 6,800.00 414371 1 94 05 FAA Airport Improvement 414371 1 94 06 FAA Airport Improvement 441371 1 94 07 FAA Airport Improvement Subtotal Marco Island 414370 1 94 01 FAA Airport Improvement 414370 1 94 02 FAA Airport Improvement 414370 1 94 03 FAA Airport Improvement Subtotal Agenda Item No. 16G1 November 28, 2006 Page 56 of 58 2,000.00 1,600.00 2,000.00 1,600.00 2,000.00 1,600.00 6,000.00 4,800.00 1,150, 538.00 1,085,484.00 150,526.00 143,000.00 2,000.00 1,600.00 1,303,064.00 1,230,084.00 Grand Total 1,317,064.00 1,241,684.00 ig Agenda Item No. 16G1 November 28, 2006 Page 57 of 58 FDOT Collier County 5,500.00 5,500.00 5,500.00 5,500.00 320,000.00 80,000.00 80,000-00 20, 000.00 4,167.00 4,167.00 19,800.00 19,800.00 3,950.00 3,950.00 456,000.00 114, 000.00 427,917.00 127,917.00 1,676.00 1,676.00 9,231.00 9,231.00 5,500.00 5,500.00 187,500.00 62,500.00 280,000.00 70,000,00 456,000.00 114, 000.00 2,771.00 2,771.00 140, 250.00 150, 050.00 1,082,928.00 415,728.00 1,516, 345.00 549,145.00 100.00 100.00 100.00 100.00 200.00 200.00 200.00 200.00 600.00 600.00 Agenda Item No. 16G1 November 28, 2006 Page 58 of 58 200.00 200.00 200.00 200.00 200.00 200.00 600.00 600.00 32,527.00 32,527.00 3,763.00 3,763.00 200.00 200.00 36,490.00 36,490.00 37,690.00 37,690.00 Agenda Item No. 16G2 November 28, 2006 Page 1 of 15 EXECUTIVE SUMMARY Approve "Agreement for Sale and Purchase" for the purchase of thirty -six (36) acres of panther mitigation land, to satisfy the United States Army Corps of Engineers permit requirements for development at the Immokalee Regional Airport/Tradeport, at a cost not to exceed $319,500. OBJECTIVE: Request approval and execution of attached "Agreement for Sale and Purchase" (Agreement) between Collier County and Southwest Florida Wetlands, a Florida joint venture. The Agreement is for the purchase of thirty -six (36) acres of panther mitigation land to satisfy the United States Army Corps of Engineers permit requirements for development at the Immokalee Regional Airport/Tradeport, at a cost not to exceed $319,5000. CONSIDERATIONS: The United States Army Corps of Engineers and Florida State Fish and Wildlife determined the Immokalee Airport needed to mitigate for 383 Panther Habitat Units (PHU) in the Phase I (164 acre) Development Area. The subject described parcel is located in the Fakahatchee Strand Preserve, Section 18, Township 51 South, Range 30 East, which is off of State Road 29 and south of I -75 in unincorporated Collier County. The acquisition of fee title to this parcel and then the transfer of said title to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida will satisfy the "off -site preservation of Florida panther habitat" portion of the Authority's mitigation obligations. The parcel will be managed and maintained by the Florida Division of Recreation and Parks. The Real Estate Services' in -house Real Estate Appraiser has valued the thirty -six (36) acres at $984,960. The purchase of thirty -six (36) acres in the Fakahatchee Strand Preserve for a cost of $316,800 is not based on an appraised value of the land. The thirty -six (36) acres is being purchased for mitigation of PHU at the Immokalee Regional Airport. At the time the thirty -six (36) acres were negotiated for purchase, Collier County had a contract with Panther Island Mitigation Bank (PIMB) for wetland credits at $24,000 each. At that time, each credit held a value of 11.4 PHU. At that price it would have cost $806,316. PIMB negotiated a land transaction with Barron Collier Investments LTD, and a mitigation credit value with Florida Fish and Wildlife to obtain thirty -six (36) acres with a mitigation credit value of 383 PHU for $316,800 or $8,800 an acre. Currently, the Collier County Board of County Commissioners has a contract with PIMB for panther mitigation credits at $2,400 per unit, which equates to $919,200 for 383 PHU. Agenda Item No. 16G2 November 28, 2006 Page 2 of 15 EXECUTIVE SUMMARY Immokalee Airport Panther Mitigation Page 2 FISCAL IMPACT: The total costs of acquisition shall not exceed $319,500 ($316,800 for property, and approximately $2,700 for title commitment, title policy and recording of documents). Funds in the amount of $316,080 are available in the Airport Authority Fiscal Year 2007 Capital Fund (496). Grant funding was provided by the Federal Aviation Administration (FAA), the Florida Department of Transportation (FDOT), and the Florida Office of Tourism, Trade and Economic Development ( OTTED). A Budget Amendment will be required for $3,420, which is available from the Airport Authority Grant Fund 496 reserves. Fundina Sources: Fund 496 — Project 460221 IMM Panther Mitigation $175,000 FAA Grant — Project 46026 Taxiway "C" Construction $ 67,000 FDOT Grant — Project 46026 Taxiway "C" Construction $ 2,040 CCAA Match — Project 46026 Taxiway "C" Construction $ 2,040 OTTED Grant — Project 46014 Stormwater Lake $ 70,000 Sub -Total $316,080 From Airport Authority Fund 496 Reserves —BA required $ 3,420 TOTAL $319,500 GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Staff is recommending that the Board of County Commissioners: 1. Approve the attached Agreement and accept the Warranty Deed once it has been received and approved by the County Attorney's Office; and 2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's Office approved documents related to this purchase; and 3. Authorize the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4. Direct the County Manager or his designee to proceed to acquire the property, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to the property, and to take all reasonable steps necessary to ensure performance under the Agreement; 5. Approve any necessary budget amendments; and Agenda Item No. 16G2 November 28, 2006 Page 3 of 15 EXECUTIVE SUMMARY Immokalee Airport Panther Mitigation Page 3 6. Direct the County Manager or his designee to proceed to transfer title of all or portions of subject site to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to satisfy panther mitigation requirements. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist Real Estate Services / Facilities Management Department Agenda Item No. 16G2 November 28, 2006 Page 4 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1662 Item Summary: Approve Agreement for Sale and Purchase for the purchase of thirly• six (36) acres of panther mitigation land, to satisfy the United Stales Army Corps of Engineers permit requirements for development at the Immokalee Regional Airport, ii radeport at a cost not to exceed $319.500. Meeting Date: 11128/2006 9.00:00 AM Prepared By Cindy M. Erb Senior Property Acquisition Specialist Date Administrative Services Facilities Management 11/14/2006 3:05:45 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 1111512006 9:01 AM Approved By Damon Gonzales Interim Facilities Manager Date Administrative Services Facilities Management 11/1512006 9:50 AM Approved By Theresa M. Cook Executive Director Date County Manager's Office Airport Authority 110512006 1:59 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11!1612006 12:50 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 11 !2012006 2:34 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11120!2006 3:00 PM Commissioners tmmokalee Airport Panther Mitigation Agenda Item No. 16G2 November 28, 2006 Property Identification No. 00983540001 Page of 06 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between SOUTHWEST FLORIDA WETLANDS, a Florida joint venture, whose address is 814 South Military Trail, Deerfield Beach, FL 33442, (hereinafter referred to as "Seller "), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter referred to as "Purchaser "). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described in Exhibit "A ", attached hereto and made a part hereof by reference. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: AGREEMENT 1.01 In consideration of the purchase price and upon the termsand conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser-shall purchase from Seller the Property, described in Exhibit "A ". PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price ") for the Property shall be Three Hundred Sixteen Thousand Eight Hundred and No/100 Dollars ($316,800.00), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in Connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications except as set forth on Exhibit "B" attached hereto and incorporated herein by reference (Permitted Exceptions"). Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments; (b) Permitted Exceptions; (c) Such other easements, restrictions or conditions of record. Immokalee Airport Panther Mitigation Property Identification No. 00983540001 3.0112 Combined Purchaser - Seller closing statement. i Agenda Item No. 1662 November 28, 2006 Page 6 of 15 3.0113 A "Gap," Tax Proration, Owner's and Non - Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, `and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall.: be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, Shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a .date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B -1970) covering the Property, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to Immokalee Airport Panther Mitigation Agenda Item No. 112 November 28, 2 06 Property Identification No. 00983540001 Page of 15 title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use reasonable efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Seller agrees to furnish any existing surveys of the Property in Seller's possession to Purchaser within 10 (ten) days of the effective date of this Agreement. Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the overall acreage. If the survey provided by Seller or obtained by Purchaser, as certified by a registered Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an improvement located on the Property projects onto lands of others, or (c) lack of legal access to a public roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public roadway, within sixty (60) days of receipt of said written notice from Purchaser. Purchaser shall have ninety (90) days from the effective date of this Agreement to notify Seller of any such objections. Should Seller elect not to or be unable to remove the encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, or lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or lack of legal access. V. INSPECTION PERIOD 5.01 Purchaser shall have thirty (30) days from the date of this Agreement, ( "Inspection Period "), to determine through appropriate investigation that: 1. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 2. The Property can be utilized for its intended purpose. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its intent to terminate as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall be responsible Immokalee Airport Panther Mitigation Property Identification No, 00983540001 Agenda Item No. 1 2 November 28, 2 06 Page 8o 15 for any loss or damages occasioned thereby and as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty-four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7,01 Purchaser shall be entitled to full possession of the Property ak Closing. VIII. PROBATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 2006 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants andifor agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Sellerlp sole remedy, Seller shall have the right to terminate and cancel this Agreement liy giving written notice thereof to Purchaser, whereupon $500 shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01, (Real Estate Brokers), hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Immokalee Airport Panther Mitigation Agenda Item No. 1 G2 November 28, 2 06 Property Identification No. 00983540001 Page of 15 Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and /or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that to its knowledge there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents that to its'knowledge the Property has not been used by Seller for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with riespect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of :ground water contamination from neighboring properties. Seller represents that to its knowledge no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents that to its knowledge none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes of. regulation with which Seller has not complied. 10.019 To Seller's knowledge there are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. Immokalee Airport Panther Mitigation Property Identification No. 00983540001 Agenda Item No. 1 2 November 28, T06 Page 10 5 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for publid improvement assessments, pay -back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property known to Seller which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement 10.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third {parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property of which Seller has knowledge. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement ") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive, Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ( "CERCLA" or' Superfund "), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ( "SARA "), including any amendments or successor in function to these acts, limited however, to events occurring during Seller's possession. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XI. NOTICES 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by facsimile with automated confirmation of receipt, or by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Cindy M. Erb, Senior Property Acquisition Specialist Collier County Real Estate Services Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239- 774 -8991 Fax number: 239 - 774 -8876 Immokalee Airport Panther Mitigation Agenda Item No. 1 November 28, 2 2 2 06 Property Identification No. 00983540001 Page 11 of 15 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Southwest Florida Wetlands 814 South Military Trail Deerfield Beach, FL 33442 Telephone number: 954 - 596 -2411 Fax number: 954- 480 -6250 With a Copy: Anitra D. Lanczi Shutts & Bowen, LLP 200 E. Broward Blvd., Suite 2100 Fort Lauderdale, FL 33301 Telephone number: 954- 847 -3844 Fax number: 954 - 888 -3069 11.02 The addressees and numbers for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XII. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees to brokers retained by Seller shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any, to brokers retained by Seller. Purchaser represents and warrants to Seller that it has not engaged a broker for this transaction. XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof: 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. Immokalee Airport Panther Mitigation Property Identification No. 00983540001 Agenda Item No. $2 November 28, 2 06 Page 12 o 15 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the 'offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk FRANK HALAS, Chairman Immokalee Airport Panther Mitigation Agenda Item No. 1 OG2 November 28, 2 06 Property Identification No. 00983540001 Page 8, 2 16 AS TO SELLER: DATED: I o / -:2 ? /o c, WITNESSES: (Signature) (Printed Name) (Signature) (Printed Name) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney 9 SOUTHWEST FLORIDA WETLANDS, a Florida joint venture BY: 4'ua David L. John, Aut rued Representative 1 Immokalee Airport Panther Mitigation Property Identification No. 00983540001 EXHIBIT "A" PROPERTY TAX IDENTIFICATION NUMBER: 00983540001 Agenda Item No. 1 qG2 November 28, 2 06 Page 14 0 15 LEGAL DESCRIPTION: ALL THAT PART OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 30 EAST, OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DLSCRIBED AS FOLLOWS: THE SOUTH 312.73 FEET OF THE NORTH 3744.40 FEET OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 30 EAST, COLLIER COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT -OF -WAY LINE OF STATE ROAD 29, COLLIER COUNTY, FLORIDA. Containing 36.0 acres more or less. 10 Immokalee Airport Panther Mitigation Agenda Item No. 1 November 28, ; Property Identification No. 00983540001 Page 15 c EXHIBIT "B" PERMITTED EXCEPTIONS 1. Reservations of Oil, Gas and Mineral Rights reserved in Deed recorded in Official Records Book 1413, Page 879, Official Records Book 1413, Page 1013, Official Records Book 1482, Page 727, as further reserved in Official Records book 2493, Page 2779 except those surface rights released by Waiver of Surface Exploration Rights recorded in Official Records Book 4076, page 190; all of the Public Records of Collier County, Florida. 2. Utility Easement in favor of Lee County Electric Cooperative, Inc. by instrument recorded in Official Records Book 353, Page 858 of the Public Records of Collier County, Florida. 15 Agenda Item No. 11 P R O C L A MA Tr O N November 28, 2 Page 1 WHEREAS, ten years ago, press and media members of Collier County; Florida sought to meet regularly as THE NAPLES PRESS CLUB and the Club sought to provide links with other press clubs and their members all over the world; and, WHEREAS, these original members agreed to raise funds voluntarily for community projects, to further education in the press and media arts, and, WHEREAS, as volunteers, members served in. Board positions and assisted in both gaining positive recognition for the press and media and raising'. funds for scholarships; and, WHEREAS, as volunteers, members devoted countless hours of their persona/ time over ten years, and, WHEREAS, THE NAPLES ARES4 R N e scholarships to individuals wishin to ort ;vla i, ni 6 /zed press and media .'" � E° r i Ul r-ZXkt SO fJI CeS f WHEREAS, THE L�. , #0ESS CLCZR w�l! be a j y d �g press and media pets ; many�ye its we(l as supply tee`. /privileges to Pres'�ember wordw�ae. and,�� , WHEREAS, we end THE7VAPLES PR4S•S CLUB }for 10 'ars f commitment an +utron tothe aultu�,l:and liferary /if ' %ier County, Flora a rovldirr bath residents and visitors ,i ess and mead of the' highest 'ucrl�ty; and by usr y `roceeds as a evviuirw(�r,��,a�l�e+y�z�ia r r al�€�" NOW THEREFORE, beolcrinjo Commissioners, of � Collier Gaunty�FCorida I`��„ 44 MESS CLUB has earned k k p the sincere appreciatrb,�Ara tt �"►uxty and its citizens for its tireless volunteer effor ave enriched county life. DONE AND ORDERED this 28th Day of November, 2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . -RAAIK HALAS, CHAIRMAN ATTEST. H1 66 f2 I I I i� Agenda Item No. 16H1 November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-11 Proclamation recognizing The Naples Press Club for 10 years of committment and Item Summary: life Collier County. (Proclamation will be picked up contribution to the cultural and literary of by recipient Ms. Joan Curley). Meeting Date: 11/28/2006 9:00:00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County BCC Office 11/1312006 11:59:36 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11/13/2006 2:58 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11/1512006 11:13 AM Commissioners Agenda Item No. 1 4H2 November 28, 21006 PR0CLA;,MA;TION Page 1" f2 WHEREAS, The American Cancer Fund for Children and Kids Cancer Connection report cancer as the leading cause ' of death by disease among children in the United States. This tragic disease s' detecied in more than 13; 000 of our nations young people each - year,. and, WHEREAS, Steven A Firestein, a descendent of cosmetics magnate Max Factor, founded the American Cancer Fund; for Children, rnc. and sister organization, Kids Cancer Connection, Inc, nearly a decade and a half ago and is dedicated to helping these children ,and their families; and, WHEREAS, The American Cancer Fund for Children and Kids Cancer Connection provide a. variety of vital patient psychosocial services to children undergoing cancer treatment at the Children:r Hospital of Southwest Florida: Department of Pediatrics, ' Hematology /Oncology in Fort Myers, as well as, participating ho hoot the - country, thereby a.. enhancing: the qualm ` n and their families, and, E � .l Gaps for kids W1 program, t cin µCancer . s ` .kids Cancer Connec tes de caps and tl ` � , tl;��us « s beautrx � decorat . all cap t a avrn to their heads row trans follawi auma arch 4r+ry° urge i p lants / '. and/or n treahmens;, WHEREAS, The A rc { Cancerundfoi• �n and kids bnnection also spans ride Cou 1 Recggnition Aw monies and hospital n t4onS 1r,r".hanct k%rr's deter rand bravery to fight th' r artist chIM00d cancer. ` Tiplk- rt NOW THEREFORE, be it praclar " mmissioners of Collier County, Florida, i t" i, high December 6, 2006 be designated as�w +.. CHILDHOOD CANCER AWAREMESS 'WEEK DONE AND ORDERED THIS 28th Day of November; :2006. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'fRANk HALAS, CHAIRMAN AST T: DNJ E. BROCK, CLERK ; Agenda Item No. 161-12 November 28, 2006 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H2 designating Childnood Cancer Awareness Week. November 27.. 2006 through Item Summary: Proclamation December 6, 2006. (Proclamation will be mailed to Steven A. Fireslem). Meeting Date: 111228 /2006 9:00.00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11113/2006 2:56 PM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11115/2006 1:05 PM Commissioners Agenda Item No. 161-13 November 28, 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: The Big Cypress Basin Holiday Luncheon., held at big Cypress Basin, 6167 Janes Lane, Naples, Florida PUBLIC PURPOSE: Meet and interact with members of the Big Cypress Basin Board of Directors and local business leaders. DATE OF FUNCTION/EVENT: December 7, 2006 FISCAL IMPACT: S 10.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with resolution No. 99 -410, approve 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 Agenda Item No. 161-13 November 28, 2006 Page 2of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H3 Commissioner Halas requests Board approval for reimbursement regarding attendance at a Item Summary: function serving a valid public purpose. Attending the Big Cypress Basin Holiday Luncheon on Thursday. December i, 2006. at Big Cypress Basin in Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget Meeting Date: 11/28/2006 9:00.00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11/15/2006 9:03 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11!1512006 1:09 PM Commissioners r(.Oheft: / / J eeaj e join qh � � bwro of county commissioners is P-40 J kwrs daft, D""tifift 7, 2C V6 6 Jmawdw-d4 Pdaw*4 dw VJ eX J3aa d meet& 4 (12.-3C pm) ;'• � a' •' . y x Xig eff w 64 33 a a in 6167 jaiw .Cake Napee6 9,C 341C9 J eewe, JW.S`UJ ta. Dam Jftdasfi 597 -lauS x 7606 - A -� JBV Decemhzi 1, 2V V 6 -ppSt J& pe to ,3 ee yaa an t(w 7t4 t! t Agenda Item No. 161-14 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: The Government Day Leadership Collier Class of 2007 PUBLIC PURPOSE: To participate in the Government Day Leadership Collier Class of 2007 Luncheon event and network with constituents. DATE OF FUNCTION/EVENT: Thursday, October 5th, 2006 FISCAL IMPACT: $15.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, November 28, 2006 Agenda Item No. 161-14 November 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H4 Commissioner Fiala request Board approval for reimbursement for attending a function Item Summary: serving a valid public purpose. Attended the Government Day Leadership Collier Class of 2007, on Thursday. October 5th, 2006, at the Collier County Museum. $15.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 11/28/2006 9:00:00 .AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 110412006 4:34:59 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1111512006 9:01 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11!15/2006 12:02 PM Commissioners NOTES leadership Collier Foundation, Inc. Serving all of Collier County October 27, 2006 Commissioner Donna Fiala 3301 East Tamiami Trail Naples, Florida 34112 Dear Commissioner Fiala: Agenda Item No. 16H4 November 28, 20E Page 3 of[� r� On behalf of the Leadership Collier Class of 2007, thank you for your participation in Government Day. The class members have expressed to me the impact you and your fellow Commissioners made in entering into a discussion on a variety of issues facing Collier County. I have enclosed a receipt of your payment for lunch. Thank you again for your participation. The Leadership Collier Class of 2007 is grateful. As a Leadership Collier Alumni, if you have any questions or nominations for Leadership Collier, Leadership Institute or Youth Leadership please feel free to contact me at 239 - 403 -2918 or lessicaLwnapleschamber.org . Respectfully, Jessica T. Kardas DT°O/ ,APnt C'nmmunity Relations KEC.EIP DATE (� 6 NO. 3116 RECEIVED FROM fld �� n FOR t-'rC c ACCOUNT How PAID AML OF —' ACCOUNT CASH AMT. PAID CHECK w;: BALANCE MONEY DUE ORDER 8Y ©2001 R�IFO a 81.800 2390Tamiami Trail North - Suite 210 - Naples, Florida 34103 -4484 - Phone (239) 262 -6376 - Fax (239) 262 -8374 - www.napieschamber.org 7 am� t Marco Island iciiwanis (@ Porky's) U.", 9 00, L MI OFFICE HOURS Code Enforcement Tour Dave Scribner /Michelle Arnold * *213- 2976 ** (@ DF's office) 10,00 1100 +.j pm Government Day Leadership Collier Class of '07 Luncheon (@ County Museum 1 i Auditorium) 100 -- Notes , 00!, East Naples Clean Up meeting (@ DFs Conference Room) 300. 00 Meet with 3eff Becker * *682- 7263 ** re: Variance for his commerical rental property 00 S:OOpm- 8:30pm NIGHT OFF Mike Werner Drive around mwemerl @swfla.rr.com (Meet at DFs office) 6 00, 1 11/14/2006 4:12 PM flala_d Agenda Item No. 16H5 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: The Greater Naples Chamber of Commerce Farm City BBQ PUBLIC PURPOSE: To participate as a "celebrity server" at the Naples Chamber of Commerce Farm City BBQ and network with constituents. DATE OF FUNCTIONIEVENT: Wednesday, November 22nd, 2006 FISCAL IMPACT: $18.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, November 28th, 2006 Agenda Item No. 161-15 November 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H5 Commissioner Fiala requests Board approval for reimbursement for attending a function Item Summary: serving a valid publiC purpose. Attended the Naples Chamber Farm City BBQ on Wednesday, November 22. 2006 at the Nobles Collier Packing Plant: 518.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 11/28/2005 9.00 00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 11114/20064:42:11 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11115/2006 9:00 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 117115!2006 1:08 PM Commissioners GENERAL CONTRACTORS CONSTRt1CTlON MANAGERS Agenda Item Nc.-- November D Page ge RECEIVED Nov 0 7 206 Board of County Commissioners 4395 Corporate Square • Naples, FL 34104 -4754 • Phone: 239/643 -6527 • Fax: 239/643 -4293 • PBScontractors.com Thank you for agreeing to be a 'celebrity server' at this year's Farm City BBQ. Please arrive at the BBQ by 11:30am so that we can get you outfitted with an apron and direct you to your duty station. Directions are included on the enclosed flyer. In appreciation for your service, we've included a complimentary ticket for lunch. If personal or professional policy prevents you from accepting a complimentary ticket, the purchase price would be $18.00. Checks can be made payable to: Chamber for Community BBQ 2006 and mailed to:Greater Naples Chamber of Commerce Attn: Stephanie Martin 2390 Tamiami Trail North, Suite 210 Naples, FL 34103 We appreciate your support and look forward to seeing you at the BBQ! Regards, W Cyndee Woolley PR Chair Farm City BBQ Agenda Item No. 16H6 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Donna Fiala FUNCTION/EVENT: Marco Island Chamber of Commerce Christmas Gala & Citizen of the Year Award PUBLIC PURPOSE: To participate in the celebration of the Marco Island Citizen of the Year Award and Christmas Gala and network with constituents. DATE OF FUNCTION /EVENT: Wednesday, December 6th, 2006 FISCAL IMPACT: $65.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kendra Hastings, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: Tuesday, November 28th, 2006 Agenda Item No. 161-16 November 28, 2006 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161-16 Item Summary: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the Marco Island Chamber Citizen of the Year/Christmas Gala on Wednesday. December 6th, 2006: $65.00 to be paid from Commissioner Fiala's travel budget. Meeting Date: 11/28/2006 9 00.00 AM Prepared By Kendra Hastings Executive Aide to the BCC Date Board of County BCC Office 1111412006 4:48:27 PM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11/15/2006 9:00 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11115/2006 1:08 PM Commissioners MARCO ISLAHDQ CHAMBER OF COMMERCE 1102 N. Collier Blvd. Marco Island, FL 34145 FAOi Florida Association W Chamber P.f—kmals CERTIFIED CHAMRFR OF COMMERCE P,#ariro -- - -- -- oat -dflnk . Play. shop. live. day first Marco Island Area Chamber of Commerce 1 1 Wednesday, December 6, 2006 6:00 pm at the 01a.e Marco Inn $65 per person Dinner & Dancing Citizen of the Year Award Volunteer of the Year Award Leadership Marco Graduation RSVP by December 1 st to 394 -7549 LIMITED Tickets available at the Chamber lE oil I i` Page PRST.STD. U.S. POSTAGE PAID MARCO ISLAND, FL PERMIT NO.106 G� RECEUED NOV J 2 20f16 Burn of C,:)unly ±:nnrnissianerg Donna Fiala FIALA, DONNA - Commissioner! District 1 Collier County Government Complex 3301 East Tamiami Trail, 3rd Fl Naples, FL 34112 Agenda item No. 161-17 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Tom Henning FUNCTION/EVENT: Blue Chip Recognition Breakfast sponsored by Oswald Trippe & Co., Inc. PUBLIC PURPOSE: To honor the Blue Chip Community Business Award winners. DATE OF FUNCTION/EVENT: Thursday, November 2, 2006 at the Hilton Naples & Towers. FISCAL IMPACT: $10.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 11/28/2006 2r y x c t ,,� ar sf ! t yp•S `�x�. ' +!� -�w.y i �� �'1!+ ! + � � fi HiT I: i �. "p l b': t @ 1. a !F S h f i +i2°ruy _ 7 7 it r t' -.. { t•5 �� S! { e, • ¢4 a f q I 4' y F G IY µ�fhD UP J� '! ✓ ! r A� � � i r ,� � + t +f he e�i������ ft � 7 q S i _! y !22.1 Agenda item No. 161-17 November 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H7 for reimbursement regarding attendance at Commissioner Henning requests Board approval Item Summary: Commissioner Henning attended the Blue Chip a function serving a valid public purpose, Community Recognition Breakfast on November 2, 2006. at the Hilton Naples & Towers . s10.00 to be paid tram Commissioner Henning's travel budget. Meeting Date: 11128/2006 5'.00'00 AM Prepared By Sam Tucker Executive Aide to the BCC Date Board of County BCC office 11/15/2006 9:12:41 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Dffice 11!1512006 9:24 AM Commissioners Approved By James V. Mudd Y Manager Date Count Mana 9 Board of County County Manager's Office 11/15/2006 1:14 PM Commissioners Agenda Item No. 16H8 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Tom Henning FUNCTION/EVENT: Golden Gate Citizen of the Year Banquet at The Strand Country Club. PUBLIC PURPOSE: To congratulate the Citizen of the Year and interact with the Golden Gate Community. DATE OF FUNCTION /EVENT: Friday, November 10, 2006. FISCAL IMPACT: $70.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 11/28/2006 Receipt tuckersam From: Tuff, Russell trwtuff @colliercitizen.com) Sent: Monday, November 13, 2006 4:23 PM To: tuckersam Cc: Tuff, Kaydee Subject: Receipt Page 1 of I Agenda Item -No. 16HS November 28, 2006 Page 2 of 3 Dear Mr. Henning, Thank -you for showing an interest and attending the 16th annual Citizen of the Year Banquet. It was good to see you and Commissioners Coletta and Fiala present too. It means a lot to the community to have you there and showing your respect in attendence at our events as well as in action for our community at the commission level. We appreciate you picking up the $70 cost of attending as we are small and can't afford to buy tickets for those other than the finalists. Russell Tuff Publisher Collier Citizen /Naples Journal Pelican Bay Journal /North Naples Journal 53 - 12th St No Naples, FL 34102 Phone: 239-213-6077 Direct: 239- 213 -6073 rwtuff@colliercitizen.com www.colliercitizen.com I I/t 3/21006 Agenda Item No. 161-18 November 28. 20D6 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16HB Item Summary: Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Commissioner Henning attended the Golden Gate Citizen of the Year Award Banquet on November 10, 2006.. at The Strand Country Club. $70 00 to be paid from Commissioner Henning's travel budget. Meeting Date: 11/28/2006 9:00.00 AM Prepared By Sam Tucker Board of County Commissioners Executive Aide to the BCC BCC Office Date 11/1512006 9:16:44 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1111512006 9:23 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1111512006 2:06 PM Commissioners Agenda Item No. 161-19 November 28, 2006 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. COMMISSIONER: Tom Henning FUNCTION/EVENT: The Collier Building Industry Association, Inc. Installation of the 53` Board of Directors and Officers and Builder & Associate of the Year Awards Event at The Naples Grande Resort & Club. PUBLIC PURPOSE: To support the CBIA, meet and greet the new BOD and officers and celebrate the Builder and Associate of the year. DATE OF FUNCTION /EVENT: November 18, 2006. FISCAL IMPACT: $1.25.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Tom Henning to attend function serving a valid public purpose. PREPARED BY: Sam Tucker, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 11/28/2006 Agenda Item No. 161-19 November 28, 2006 Page 2 of 3 g"he Collier Building Industry .Association, Inc. Requests the Honor of your Presence at The Installation of the 53rd Board of Directors and Officers 9'he Builder & .Associate of the year .Awards Saturday, November 18th, 20o6 1'he Naples Grande Resort & CCub CocktaiCs 6:ooP -t - Dinner 7:oopm Followed by the Installation, the .Awards Ceremony and Dancing & Entertainment One 3-fundred gwenty ,Five DoCCars per Person BCack Tie Optiona.0 R.S.'V.P. from online at www.cbia.net Agenda Item No. 16H9 November 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H9 Commissioner Henning requests Board approval for reimbursement regarding attendance at Item Summary: a function serving a valid public purpose. Commissioner Henning attended the Collier Building Industry Association, . Inc. Installation of the 53rd Board of Directors and Officers. and Builder and Associate of the Year Awards Event on November 18, 2006. at The Naples Grande Resorl E Club- 5125.00 to be paid from Commissioner Henning's travel budget. Meeting Date: 111281200E 9 00.00 AM Prepared By Sam Tucker Executive Aide to the BCC Date Board of County BCC Office 11115/2006 9:22:43 AM Commissioners Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 11115/2006 9:23 AM Commissioners Approved By James V. Mudd Y Manager Date Count Mana 9 Board of County County Manager's Office 11!1512006 2:03 PM Commissioners Agenda Item No. 1611 November 28, 2006 Page 1 of 3 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE November 28, 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 21, 2006 through October 27, 2006. (2) October 28, 2006 through November 3, 2006. B. Minutes: (1) Collier County Airport Authority: Agenda for October 9, 2006; Minutes of September 11, 2006. (2) Lely Golf Estates Beautification M.S.T.U. Advisory Committee: Revised Agenda for November 16, 2006; Revised Minutes of October 19, 2006; Budget FY 2005-2006. (3) Golden Gate M.S.T. U. Advisory Committee: Agenda for November 14, 2006; Minutes of October 10, 2006. (4) Collier County Historic and Archaeological Preservation Board: Letter Stating September 2006 Meeting Cancelled Due to Lack of Quorum; Agenda for November 15, 2006; Minutes of October 18, 2006. (5) Isles of Capri Fire and Rescue Advisory Board: Minutes of November 2, 2006; Agenda for November 1, 2006. (6) Immokalee Beautification M.S.T.U. Advisory Committee: Agenda for November 15, 2006; Minutes of October 18, 2006. (7) Collier County Contractor's Licensing Board: Agenda for November 16, 2006; December Meeting Cancelled. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Colrespondence\l 12806—mise—corr.doc Agenda Item No. 1611 November 28, 2006 Page 2 of 3 (8) Radio Road Beautification M.S.T.U. Advisory Committee: Minutes of October 17, 2006; Agenda for November 21, 2006. (9) Collier County Planning Commission: Revised Agenda for November 2, 2006; Agenda for October 19, 2006; Agenda for November 16, 2006. (10) Conservation Collier Land Acquisition Advisory Committee: Agenda for November 13, 2006; Minutes of October 9, 2006. (111) Pelican Bay Services Division: Agenda for November 15, 2006. (a) Budget Committee: Minutes of September 6, 2006. D. Other: (1) Southwest Florida Expressway Authority Board of Directors: Agenda for November 16, 2006; Minutes of October 26, 2006. (2) Collier County Tax Collector: Budget for FY 2006-2007. (3) Florida Department of Law Enforcement: Letter confirming receipt and acceptance of all financial and programmatic reports applicable to Contract No. 2006-JAGC-COLL-1 -M8-01 0. H:\DATA\FRONT DESK - 2006\2006 Miscellaneous Correspondence\ I 12806—mise—corr-doe Agenda Item No. 1611 November 28, 2006 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1611 Item Summary: To file for record with action as directed. Meeting Date: 11128!2006 ?'.00:00 AM Approved By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 1171512006 9:02 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County Managers Office 1111712006 4:54 PM Commissioners Agenda Item No. 16,11 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY To request approval of an amendment to Contract #03 -3497, "Auditing Services for Collier County ", with KPMG LLP, for $15,000 in services related to the issuance of the Collier County Water and Sewer District Bonds, Series 2006. OBJECTIVE: To request approval of an amendment to Contract #03 -3497, "Auditing Services for Collier County ", with KPMG LLP, for $15,000 in services related to the issuance of the Collier County Water and Sewer District Bonds, Series 2006. CONSIDERATIONS: The Collier County Water and Sewer District's Water and Sewer Revenue Bonds, Series 2006, approved at the November 14, 2006 BOCC meeting, Item 10(I), requires the issuance of a parity letter to comply with Resolution No. CWS -$5 -5, as previously amended, supplemented and restated (collectively, the `Bond Resolution "). In Section 6.02 the Bond Resolution states that an independent certified public accountant shall certify to the issuer that (a) net revenues and special assessment proceeds are equal to at least 100% of the maximum annual debt service on outstanding bonds (b) and when net revenues and special assessment proceeds are added to system development fees, also known as impact fees, the total is equal to 125 % of maximum annual debt service of outstanding bonds. FISCAL IMPACT: The cost of the parity letter will be netted out of the proceeds of the Series 2006 County Water and Sewer Revenue Bonds as an issuance cost and will be incorporated into the budget amendments necessitated by the issuance of the bond. The $15,000 will be shown as expenditure in the County Water and Sewer Debt Service Fund 410 for fiscal 2007. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The certification is required for the legal issuance of the Collier County Water and Sewer District Bonds, Series 2006. RECOMMENDATION: That the Board of County Commissioners approves the amendment to Contract # 03 -3497, with KPMG LLP, for the provision of a parity letter for the Collier County Water and Sewer District Bonds, Series 2006. Prepared by: Derek M. Johnssen, General Accounting Manager Office of the Clerk of the Circuit Court Agenda Item No. 16J1 November 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16.11 Item Summary: To request approval of an amendment to Contract #03 -3497, "Auditing Services for Collier County ".. with KPMG L-P, for 515,000 in services related to the issuance of the Collier County Water and Sewer District Bonds, Series 2006. Meeting Date: 11126/2006 9:00 -.00 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1112112006 1:07 PM Commissioners Agenda Item No. 16J1 November 28, 2006 Page 3 of 4 ARTICLE Pl SMRD I NATRD INDEBTEDNESS AM ADDITIONAL BONDS SECTION 6.01. SUBORDINATED INDEBSBDWESS. The Issuer will not issue any other obligations, except under the conditions and in the manner provided herein, payable from the Pledged Funds or the Gross Revenues or voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being �--__ on a parity with the lien thereon in favor of the Bonds and the interest thereon. The Issuer may at any time or from time to time issue evidences of indebtedness payable in whole or in part out of Pledged Funds and which may be secured by a pledge of Pledged Funds; provided, however, that such pledge shall be, and shall be expressed to be, subordinated in all respects to the pledge of the Pledged Funds created by this Resolution. The Issuer agrees to pay promptly any Subordinated Indebtedness as the same shall become due. SECTION 6.02. ISSUANCE OF ADDITIONAL BONDS. No Additional Bondst payable pari passu with the Bonds then Outstanding pursuant to this Resolution, shall be issued except upon the conditions and in the manner herein provided. The Issuer may issue one or more Series of Additional Bonds for any one or more of the following purposes: (A) financing the Cost of completion of the Initial Project, (B) financing the Cost of an Additional Project, or the completion thereof, or (C) refunding any or all Outstanding Bonds or of any Subordinated Indebtedness of the Issuer. No such Additional Bonds shall be issued unless the following conditions are complied with: (1) Except in the case of Additional Bonds issued for the purpose of refunding Outstanding Bonds, the Issuer shall certify that it is current in all deposits into the various funds and accounts established hereby and all payments theretofore required to have been deposited or made by it under the provisions of this Resolution and have complied with the covenants and agreements of this Resolution. (2) An independent certified public accountant ahall certify to the Issuer that the amount of the Net Revenues and Special Assessment Proceeds during the immediate preceding Fiscal Year or any twelve (12) consecutive months selected by the Issuer of the twenty -four (24) months immediately preceding the issuance of said Additional Bonds, adjusted S2 Agenda Item No. 16,11 November 28, 2006 Page 4 of 4 as hereinafter provided, will (a) be equal to at least one hundred percent (100 %) of the Maximum Annual Debt Service of the Outstanding Bonds and the Additional Bonds then proposed to be issued, and (b) when added to the System Development Fees, adjusted as hereinafter provided, received by the Issuer during such 12 -month period, be equal to at least one hundred twenty -five percent (125 %) of the Maximum Annual Debt Service of the outstanding Bonds and the Additional Bonds then proposed to be issued. For the purpose of determining the Maximum Annual Debt Service under this Section 6.02, the interest rate on pari passe additional Variable Rate Bonds then proposed to be issued shall be deemed to be the Maximum Interest Rate applicable thereto. For the purpose of this Section 6.02, the phrase 'immediately preceding Fiscal Year or the twelve (12) consecutive months of the twenty -four (24) months immediately preceding the issuance of said Additional Bonda' shall be sometimes referred to as •twelve (12) consecutive months." The Net Revenues, the System Development Fees and the Special Assessment Proceeds calculated pursuant to the foregoing paragraph (2) of this Section 6.02 may be adjusted by the independent certified public accountant upon the written advice of the Consulting Engineers, at the option of the Issuer, as follows: (A) If the Issuer, prior to the issuance of the proposed Additional Bonds, shall have increased the rates, fees or other charges for the product, services or facilities of the System, the Net Revenues and the System Development Fees for the twelve (12) consecutive months immediately preceding the issuance of said Additional Bonds shall be adjusted to show the Net Revenues and the System Development Fees which would have been derived from the System in such twelve (12) consecutive months as if such increased rates, fees or other charges for the product, services or facilities of the System had been in effect during all of such twelve (12) consecutive months. (8) If th-e Issuer shall have acquired or has contracted to acquire any privately or publicly owned existing water and /or sewer system, the cost of which shall be paid from all or part of the proceeds of the issuance of the proposed Additional Bonds, then the Net Revenues derived from the System during the twelve (12) consecutive months immediately preceding the issuance of said Additional Bonds shall be �- increased by adding to the Net Revenues for said twelve (12) consecutive months the Net Revenues which would have been derived from said existing water and /or sewer system 53 Agenda Item No. 16K1 November 28, 2006 Executive Summary Page 1 of 8 Recommendation to Approve Two Agreed Orders for Payment of Expert Fees in Connection with Parcels 105/705 and 111/711 in the Lawsuit Styled Collier County v. Raymond A. McCauley, et al., Case No. 05- 0633 -CA (County Road 951 (CR 951) Project #65061). (Fiscal Impact: $19,068.00) OBJECTIVE: That the Board approve Two Agreed Orders for Payment of Expert Fees in Connection with Parcels 105/705 and 11.1/711 in the lawsuit styled Collier County y. Raymond A. McCauley, et al., Case No. 05- 0633 -CA (County Road 951 (CR 951) Project #65061). CONSIDERATIONS: The County acquired the subject property by entry of Stipulated Orders of Taking on September 27, 2005 and by depositing funds into the registry of the Court on October 13, 2005. The County and Respondents have negotiated and settled by Stipulated Final Judgment which was approved by the Board on September 12, 2006. The County is required to pay reasonable expert fees incurred by Respondents in the defense of this matter. For Respondent Raymond McCauley (Parcels 105/705): • Appraisal Fees • Engineering Fees Total $ 8,745.00 $ 3.000.00 $11,745.00 For Respondents Leonardo Rayon & Ovidio Viera (Parcels 1111/711): • Appraisal Fees • Engineering Fees Total $ 6,000.00 $ 1.323.00 $ 7,323.00 Attached are the proposed Agreed Orders providing for the above stated funds. FISCAL IMPACT: Funds in the amount of $1.9,068.00 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 Agreed Ordcrs as to Parcels 105/705 and 111/711; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney 11/08/2006 15:22 19419642461 EJN Agenda Item N0. 10 1 Novembe 28 2006 Nov -08-00 W32pe From-C411 ier County Attorney +/740225 T-ti4 P.QO2fOQi 892 of 8 IN TM CIRC = COURT OF TAE NT114; 1-111 ,TiJX1IML CIRCXU IN AND FOR COLLIER COUNTY, FLORIDA CrM ACTION COIJ.M COUNTY, FWRMA, political subdivision of the Stage of Florida, Case No.: 054633 -CA, Petit ionar, Parcel Nos.: 105 & 705 vs. RAYMOND A- McaCAUIZY, et al., Respondents, AGREED ORD &AWARD]N'G ART F�&S COS'pS 7m CAusia, having come bc£ore the court upon u= moron made by Pct *mm COX:. IM COUNTY, FLC MMA, by and dxm,-b the u nde migned counsel, and Respmdent, RAYMOND A. McCAXJLEY (h=ater " e%xradmej. by and th=&b his tindmire cotwsei, far entry of an Agreed Order, and the Court, being fully advised in the premism, it is hereby OPWIPF,D AND .P,DAMGrED that 1. Respondent shaU re =ve i3t m Petitioner, COX LIM COUNTY, IDPMA., the svm Of RIVM Thousand Sevin Hundred Furry-Five AoUa m anti No/100 ($8,745.00) for apprmW fees incanted in connection with Parcels 105 and 705: 2. Respondent shall :Deceive from Petitioner, COLLIER COUNTY, FLOR1i A, the sure Of Three Tbousand Aoiim-s and Nai100 ($3,000.00) for a jineesdng fees incm=d is rc=ecdm with Parcels 101 sad 705. 11/08/2006 15 :22 19419642461 EJN PAGE 0 Agenda I 13 Item ,pov,08 -12� 02:39PI Free-Collier County Attorney _ +7740225 t -214 P. A6nbFAj' 6 3 of 3. ORDERED tint wirhin thirty {30) days of receipt by Petitioner of the Agreed Order enured by the Court, Pctttianer, COLLIER COUNTY, FLORID,, shall pay the tar.W S= of Eleven Thousand S"2n $uudred EoKy live DaUm and NonCO ($I].,745.00) to the GAYLORD MERLIN LUDOVC 1 DLAZ & BAIN TRUST ACCOUNT c/o F..l2en J. Neil, mare, Gayloid, Merlin, Ludovici, Diaz & Baiu, P. O. Box 564, Boca Grande, Florida 33921 for proper disbursement. 4. No other casts, including supplemental attorney's fees, are aw=ded in this matter. DONE AND ORDERED this .._ day of . 2006 in Naples, ColUec Co=ry, Plori3a. r -n ." . 7.1. Heidi R. Ashton, Esquire Eileen J. Neil, I3sguire Kelly Price, Esquire F- GIcm Tucker. Esquire Kevin Hendricks, Acquisition Mgr/T=sy. 2 CIRCUIT COURT JUDGE 11!9812006 15:22 19419642451 EJN Agenda Item I o. 1 �K1 Nov -48-0$ 0211opm From- CclIIor cauty Attorney �7TdQ2�5 T -214 P.Oa+ 007 bFFng@ 4 of 8 �QT manQrr The: Panim by and through their undersigned sttomeys, h=by move for =try of the fomgoing Agreed Order as to Parcels 105 and 705, .b! 17ated: Dater!: Zj-�II,, IESQUME F. ASH'MNI ]g.SQ'r1 n Swida Bar No.: 339709 FladdaBor No.: 966770 OAYLORD MERLIN LIMOV1Q DIAZ & 13AIN OFFICE OF TBE COUNTY ATTORNEY P O'B ox 569 Harman. Tmuer Buildiztb Boca Gxajde,FL. 33921 3301 East Tam;iami Tsai (941) 964 -4461- Teiaphoae Naples, FZL 3.112 (941) 954 -2461 - Faosian7e (23,9) 774 -84.00 -• Telephone ATTORNEY FOR RFSPONDMg T (239) 774 -GZ25 - Packmile ATTORNEY FOR PErMONER Agenda Item No, 16K1 November 28. 200E Page 5 cf 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K1 Item Summary: Recommerdaluon to Approve Two Agreed Orders for Payment of Expert Fees in Connection with Parcels 1051705 ane 111(711 in the Lawsuit Styled Collier County v. Raymond A. McCauwy, et al. Case No 06- 0633 -CA (County Road 951 (CR 551) ?roiect #65061). (Fiscal Impact $19.068.00] Meeting Date: 1 112 812 0 0C 9.00 00 .AM Prepared By Heidi F. Ashton Assistant County Attorney Date County Attorney County Attorney Office 111912006 1:39:43 PM Approved By Lisa Taylor Management /Budget Analyst Date Transportation Services Transportation Administration 11/912006 3:19 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1119/2006 5:59 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 11/13,2006 2:36 PM Approved By Najoh Ahmad Director Date Transportation Engineering & Transportation Services Construction Management 11/1312006 2:5B PM Approved By Norm E. Feder; AICP Transportation Division Aammistrator Date Transportation Services Transportation Services Aomin. 11114!2006 9:11 AM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11/1512006 1:19 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11!1612006 10:52 AM Approved By Susan Usher Senior Management /Budget Analyst Date County Manager's Office Office of Pl- anapement & Budget '111712006 10:34 AM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1111712006 11'42 AM Approved By James V. Mudd County Manager Gate Board of County Commissioners County Manager's Office 1 tit ;!2006 3:52 PM 11108/2006 15:22 19419642461 EJN Agenda Item ivo. 1K1 Nov-09-01 03:39pa Frae^CoMer County Attart►sy +T740225 i-21d P. /� b `r '6 of IN TBE CTRCLTI'I'' COURT OF'1 M T'Pi IMIETH JUDICAI CMCUIT IN AND FOR COLLIER COUNTY, FLORmA C VII. ACTION COiL COUYfr, FLORIDA, a politieW subdivision of the State of Florida, Case No,. 05- 0633 -CA. Petitioner, Parcel Noa- 111 &711 vs. RAYM M A, McCAT.UXY, et al.' Reapoadents, A(x ED BIRDER AffARl7 ERT FM A" COM 1'AiS CAUSE, having costae before the Coma npon Point Modon made by Petitioner. COL LMI COUNTY, FLORIDA, by and tkowg0h the =deraigned counsel, and Resp=derrts, LWNARDO RAYON and OVID10 'VIERA, (ate Mespondents "), by aad through their undessigaed counsel, for emtry of au Agmed Order, and the Court, being fulty advised is the pninises, it is herby ORDERM AM ADnMGED That 1. Respondents shall reeive from Petitioner, COT.LMR COUNTY, FLORIDt}i; the sum, of Six Thousand DcUara mad W100 ($6,000.00) for appraisal fees in=md is con zcticu with Parcels I I 1 and 711. 2. Re ridents shall receive fmm Petitioner, COIJ'R COUNTY, FWPJDA, the sum txf One , Thousand Theme Rundred Two -Tjhree Dolhws and 11Tol100 ($1,323.00) for e in= _jUg fees ineuaod ' IQ ctmtsectian with k'arcels I11 aad 711, 11/08/2006 15:22 19419642461 EJN Agenda Ite Pi�v 1E'i _l��v -08.06 02:39pm Frur%[Iior County Worm +T740225 T -214 P.001180T�bK 2006 47of8 3. ORDERED rhm within ddrty (30) days of receipt by Petitioner of the Agmd Order entered by the Court, Petitioner. COLMR COLWY, FWRiDA, shall pay the total sun of Seven Thousand Three Hundred Twenty -Three Dollars and NcVIO0 W,323.00) to the GAYLORD Iv RLIt LUDOVCI DTAZ & BAIN TRUST ACCOUNT cfa Ellen I. Neil, Esquire, Gaylord. Merlin. Ludovici, Maz & Baia, P. O. Box 569, Boca. C3mde, Ilcdda 33921 for proper disbursement 4 No other costs, including supplemental attorney'r. fees, are awarded in this matter. DONE AMID ORDERED this _ day of . 2006 in Naples, Collier County, Rodda. Confo»ed cozies to: Heidi F Ashton, Esquim Ell= 1. _Mail, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Acquisition MgrlTransp. 2 CIRCUIT COURT JMGE 11!0812006 15:22 19419642461 NSV -Q1606 03:40pa from-Collier County Attorney a EJN PAGE 07 Agenda Item No. 16K1 November 28, 2006 +TT402Ffl T -Z1� P.OQT104T IF" s of 8 JOINT l�OaTiaN The PaHes, by and through their undersigned at tomeys, hereby move for entry of the foregoing Agreed Or&r as to Famcls I I I snd 711. Dated: Dated: VIM I NS1—L-jMSQUnM 13MI F. ASHTON, FSQTM Florida Bar No:: 3391109 Florida. Bar No.: 966770 GAyLo" MMMIN LUD0V1C1 DIAZ 8c BA3k OMCE OF TBE COUNTY ATTORNEY F 0 Boat 569 Harmon Tttraar Building Boca 43nmde, Fl . 33921 33x1 But Tomiami TaaU (941) 964 -4461- Telephone Naples, FL 34112 (941) 954.2461 Facsimile (239) 774 -8400 - Telephone A,TTORNE"Y FOR REWONDENT9 W9) 774 -0225 - Facsimile ATTORNEY FOR k'l'IiTIMER Agenda Item No. 16K2 November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Agreed Order Awarding Appraisal Fees for Parcels 131 and 132 in the lawsuit styled Collier County v West Coast Development Corp., et al., Case No. 06- 0708 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $6,000.00) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Appraisal Fees as to Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et al., Case No. 06- 0708 -CA (Santa Barbara Boulevard Project No. 62081). CONSIDERATIONS: The parties entered into Stipulated Final Judgments which were executed by Judge Martin on September 12, 2006. The property owner submitted an invoice for real estate appraisal expert fees totaling $6,858.00. Through negotiation the parties have agreed to an amount of $6,000.00. If the settlement is approved, the County is responsible for the following costs: ■ Real Estate Appraisal Expert Fees $6,000.00 TOTAL $6,000.00 See attached Agreed Order Awarding Appraisal Fees for Parcels 131 and 132. FISCAL IMPACT: Funds in the amount of $6,000.00 are available in the FY 2007 adopted budget. Source of funds are Impact Fees and /or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order Awarding Appraisal Fees for Parcels 131 and 132; 2. Approve the expenditure of funds as stated; and 3. Direct staff to pay the sum of $6,000.00 to Richard Harris & Associates, Inc. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 06 -0708 -CA, %631 Agenda Item No. 16K2 November 28, 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: '6K2 Item Summary: Recommendation to approve an Agreed Order Awarding Appraisal Fees for Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et al., Case No. 06- 0708 -CA (Santa Barbara Boulevard Project No 62081). (Fiscal Impact se 000.00) Meeting Date: 11/28/2006 9:00:00 AM Prepared By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11113/2006 2:36:25 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering 8 11/13/2006 2:58 PM Construction Management Approved By Ellen T. Chadwell Assistant County Attorney Date County Attorney County Attorney Office 11/1312006 5:41 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 110412006 8:37 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 11/1412006 9:11 AM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin ! 104/2006 10:56 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date l "ransportation Services TECM -ROW 11/14/2006 12:31 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 11115/2006 1:20 PM Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 11/1612006 10:55 AM Approved By Susan Usher Senior Management,Budget Analyst Date County Manager's Office Office of Management 8 Budget 11/1712006 10:12 AM Approved By Michael Smykowski Management 8 Budget Director Date County Manager's Office Office of Management 8 Budget 1111712006 11:47 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11117f2006 3:37 PM Commissioners Agenda Item No. 16K2 November 28, 2006 Page 3 of 4 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, V. Case No. 06- 0708 -CA WEST COAST DEVELOPMENT CORP., et al., Parcels: 131, 132 Respondents. AGREED ORDER AWARDING APPRAISAL FEES THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, LEON R. CIROU, TRUSTEE OF THE DORIS L. CIROU FAMILY TRUST, STEVEN W. CIROU and TALITHA C.E. CIROU, by and through their undersigned counsel, for entry of an Agreed Order Awarding Appraisal Fees, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, LEON R. CIROU, TRUSTEE OF THE DORIS L. CIROU FAMILY TRUST, STEVEN W. CIROU and TALITHA C.E. CIROU, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Six Thousand and No /100 Dollars ($6,000.00) for appraisal fees and costs with respect to Parcels 131 and 132; and it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, shall, within thirty (30) days from the date of this Order, pay the sum of Six Thousand and No /100 Dollars ($6,000.00) to Richard Harris & Associates, Inc., 2625 McCormick Drive, Suite 101, Clearwater, FL 33759. Agenda Item No. 16K2 November 28, 2006 Page 4 of 4 DONE AND ORDERED in Naples, Collier County, Florida, this day of 2006. LAWRENCE D. MARTIN Circuit Court Judge Conformed copies to: Ellen T. Chadwell, Esquire Bella Y. Patel, Esquire Richard Harris & Associates, Inc. Kevin Hendricks, Acquisition Mgr./Transp. JOINT MOTION The Parties, by and through their undersigned attorneys, hereby move for entry of the foregoing Agreed Order Awarding Appraisal Fees. Dated: Bella Y. Patel, Esquire Florida Bar No.: 961670 13026 Waterford Run Drive Riverview, FL 33569 (813) 643 -2762 - Phone (813) 643 -2612 - Facsimile ATTORNEY FOR RESPONDENTS, LEON R. CIROU, TRUSTEE OF THE DORIS L. CIROU FAMILY TRUST, STEVEN W. CIROU and TALITHA C.E. CIROU Dated: Ellen T. Chadwell �, Assistant County A rney Florida Bar No.: 983860 3301 East Tamiami Trail, Bch Floor Naples, Florida 34112 (239) 774 -8400 — Phone (239) 774 -0225 — Facsimile ATTORNEY FOR PETITIONER, COLLIER COUNTY CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Joint Motion and Agreed Order Awarding Appraisal Fees has been furnished via U.S. Mail to Bella Y. Patel, Esquire, Law Office of Bella Y. Patel, P.A., 13026 Waterford Run Drive, Riverview, FL 33569, on this day of , 2006. ELLEN T. CHADWELL 06- 0708- CA/630 Agenda Item No. 17A November 28, 2006 Page 1 of 8 EXECUTIVE SUMMARY A Resolution superseding and replacing Resolution Number 06 -188 that established a one - year extension of Conditional Use CU- 2003 -AR -4799 for a model home and sales center of the Estates Zoning District located at 4050 13th Avenue S.W., for property hereinafter described in Section 15, Township 49 South, Range 26, Collier County, Florida. OBJECTIVE: To have the Board of Zoning Appeals (BZA) correct a scrivener's error resulting from an incorrect expiration date of a model home and sales center at 4050 13th Avenue S.W. CONSIDERATIONS: The Board of Zoning Appeals (BZA) on July 25, 2006, approved Resolution Number 06 -188 that superseded and replaced Resolution 04 -50 that provided for a one year extension to CU -2003- AR -4799, a model home and sales center at 4050 13th Avenue S.W. The expiration date was mistakenly identified as February 10, 2007 instead of November 28, 2007. November 28 was the date previously identified for its "Temporary Use" and "Conditional Use ". The incorrect expiration date was discovered, and is proposed to be corrected. The strike -thru and underlined text reflects the corrections as noted below: November 28, 2007 The proposed resolution will correct this error. FISCAL IMPACT: This action is only to correct an error in the timeframe for the environmental review process, when an Environmental Impact Statement (EIS) is provided, of the previously adopted Resolution Number 06 -188 that was approved by the Board of Zoning Appeals (BZA). Therefore, this change by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original Resolution was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This scrivener's error is only to correct an error in the expiration date of a model home and sales center at 4050 13th Avenue S.W. for action that was approved by the Board of Zoning Appeals (BZA) through Resolution Number 06 -188. LEGAL CONSIDERATIONS: An error was made in the expiration date of a model home and sales center at 4050 13th Avenue EXECUTIVE SUMMARY Page 1 of 2 5E- 2005 -AR -10442 Agenda Item No. 17A November 28. 2006 Page 2 of 8 S.W. The scrivener's error corrects the expiration date of a model home and sales center at 4050 13th Avenue S.W. that the Board of Zoning Appeals (BZA) actually intended to approve. STAFF RECOMMENDATION: That the Board of Zoning Appeals (BZA) approve the scrivener's error correction to Resolution Number 06 -188. PREPARED BY: Michael J. DeRuntz, CFM, Principal Planner Zoning and Land Development Review EXECUTIVE SUMMARY Page 2 of 2 5E- 2005 -AR -10442 Agenda Item No, 17A November 28, 2006 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS " Item Number: 17A be sworn in and ex pane disclosure be provided by Item Summary: This item requires that all participants 2006 has an INCORRECT date of Commission members. The approved Resolution No -188 February 10. 2007 for CUE - 2006 -AR -9424, American Dream Builders, Inc.s Model Home and Model Home Sales Centers Conditional Use Extension, the CORRECT date has been changed to November 28, 2007. The subject property is located at 4050 13th Avenue South West, at the corner of 13th Ave SW and Collier Blvd (CR 951), in Section 15.. Township 49 South. Range 26 East. Collier County, Florida. Meeting Date: 11/28/2006 9 -00:00 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney Count Attorney Y Y Office 1013112006 11:35 AM Approved By Susan Murray, AICP Zoning 8 Land Development Director Date Community Development & Zoning &Land Development Review 10131/2006 1:04 PM Environmental Services Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 1013112006 2:32 PM Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 10/31/2006 4:12 PM Environmental Services Environmental Services Admin. Approved By Marlene Stewart Executive Secretary Date Community Development & Community Development & 111112006 9:56 AM Environmental Services Environmental Services Admin. Approved By Ray Bellows Chief Planner Date Community Development & Zoning &Land Development Review 1111!2006 10:55 AM Environmental Services Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 11/2/2006 7:29 PM Environmental Services Environmental Services Admin. Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of tr1anagement & Budget 1113/2006 5:14 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 11(3!2006 6:53 PM Commissioners Agenda Item No, 17A November 28, 2006 Pace 4 of 8 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF ZONING APPEALS TO CORRECT DATE OF FEBRUARY 10, 2007 FOR CUE- 2006 -AR- 9424, AMERICAN DREAM BUILDERS, INC.'S MODEL HOME AND MODEL HOME SALES CENTER'S CONDITIONAL USE EXTENSION, THE CORRECT DATE HAS BEEN CHANGED TO NOVEMBER 28, 2007, FOR THE SUBJECT PROPERTY LOCATED AT 4050 13TH AVENUE SOUTH WEST, AT THE CORNER OF 13TH AVE SW AND COLLIER BLVD (CR 951), IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Collier County Board of Zoning Appeals adopted Resolution No. 2006 -188, on July 25, 2006, and; WHEREAS, following said action adopting Resolution No. 2006 -188, staff determined the date of February 10, 2007 for CUE - 2006 -AR -9424, American Dream Builders, Inc.'s Model Home and Model Home Sales Center's Conditional Use Extension, attached to the Resolution did not contain the correct date for the expiration of the conditional use for the model home and sales center at 4050 13'" Avenue South West, therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE EXPIRATION DATE The expiration date as related to Resolution Number 2006 -188, is hereby amended to correct a scrivener's error by amending said section to read as follows: zee n, 1 O- November 28. 2007 SECTION TWO: EFFECTIVE DATE BE IT RESOLVED that this Resolution relating to Petition Number SE- 2006 -AR -10442 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of .2006. ATTEST: DWIGHT E. BROCK, CLERK , DEPUTY CLERK Approved as to form and legal sufficiency: Jeffery Klatzkow Assistant County Attorney SE- 2006 -AR -10442 MD,sp Page I of I BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRANK HALAS, CHAIRMAN Agenda Item No. 17A November 28, 2006 Page 5 of 8 RESOLUTION 2006- 188 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION NUMBER CUE- 2006 -AR -9424, GRANTING A ONE -YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR A MODEL HOME AND SALES CENTER LOCATED AT 4050 13"H AVENUE SOUTHWEST, LOCATED WITHIN ESTATE DISTRICT "E." WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto adopted a Land Development Code (LDC) (Ordinance No. 2004 -41, as amended), which establishes zoning regulations for the particular geographic divisions of the County, among which is the granting of a conditional use and the extending of the time period of an approved conditional use; and WHEREAS, on February 10, 2004, the Board of Zoning Appeals of Collier County, Florida, enacted Resolution No. 2004 -50, attached hereto as Exhibit "A ", granting American Dream Builders, Inc. (the "Petitioner "), a conditional use for a model home and sales center on property located within Estate District "E ", more particularly described below; and WHEREAS, Subsection 10.08.E.3. of the LDC provides that "The board of zoning appeals may grant a maximum of one one -year extension of an approved conditional use upon written request of the petitioner;' and WHEREAS, the Petitioner has submitted a written request to extend the conditional use approved by Resolution No. 2004 -50. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: 1. The written request for one one -year extension of the conditional use for a model home and sales center at 4050 13`' Avenue Southwest, located within the Estates District "E" and more particularly described as: Alt of Tract 119, Golden Gate Estates, Unit 25, according to the plat thereof recorded in Plat Book 7, Page 15 of the Public Records of Collier County, Florida, is approved pursuant to Subsection I0.08.E.3. of the LDC, and the expiration date for Resolution No. 2004 -50, and all conditions applicable thereto, is thereby extended until February 10, 2007, with the following additional conditions: a. Petitioner shall provided evidence of an ADA (Americans with Disabilities Act) accessible route from the existing or any future handicap parking space(s) to the model home and sales center and to the access road. b. Petitioner acknowledges the probability that additional right -of -way may be required on the subject property. Page 1 of 2 Agenda Item No. 17 f; November 28, 2006 Page a of 8 C. A Vegetation Removal Permit is required for any land clearing beyond the one acre permitted through the existing building permit. d. The property shall be kept free of prohibited exotic vegetation, as defined by the Collier County band Development Code. 2. Resolution shall be recorded in the minutes of this Board and in the records of the Petition for which this extension is granted. This Resolution adopted after motion, second, and super - majority vote, this +L�kda of .) a f_ y 2006. y ATTEST: BOARD OF ZONING APPPEALS OF DWIGHT E..BROCK, CLERK COLLIER COUNTY FLORIDA r ` By: �4 ,tst afi• is -041 r=109puty Clerk FRANK HALAS, AN Page 2 of 2 Item No. 17A iber 28, 2006 Page 7 of 8 RESOLUTION NO. 04- 5 0 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING NOR THE ESTABLISHMENT OF CONDITIONAL USE 9 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTARQNG 5 ACRES. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws-of Florid& and Chapter I25, Florida Statutes, has conferred on Collier County the power to establish, coordinate and er.aorce mpg and such business regulations as are necessary for the protection of the public; and \VIMREP.S, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 9 of Section 22.33 and 2.6.33A of the Collier County Land Development Code in an "E" Estates Zane for a model home and sales center on the property hereinafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that The petition, CU- 2003 -AR -4799, filed by Edward B. Hanf, of American Drearn Builders, Inc, with respect to the property hereinafter described as: All of Tract 119, Golden Gate Estates, Unit No. 26, according to the plat thereof recorded in Plat Book 7, Page 15, Public Records of Collier County, Florida, Page I oft EXHIBIT "A" Is hereby approved for Conditiomal Use 9 of Section 2.2.33 Collier County Land Development Code in the "E" Estates Zoning District for a model home and sales Cemer in accordance with the Cot•.ceptnal Master Plan (Exhibit "B ") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference bezein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majo ity vote. Done this %� r"" day of 2Q04. CU- 2003- ARA79 9/MDJW '7e. Page 2 of 2 ar�ofo � s- a Item No. 17A ember 28, 2006 Page g or 8 BOARD OF Z NING APPEALS COLLIER , FLO BY: Dyrnrc� .CQ� DONMA FIALA, CHAIRMAN ATTEST: DWiGHTI '$itFiC�K,or ERK EP at>p. MW* nil', Approved as to Form and IrLczal sufficiency: Patrick G. U%te Assistant County Attorney CU- 2003- ARA79 9/MDJW '7e. Page 2 of 2 ar�ofo � s- a Item No. 17A ember 28, 2006 Page g or 8 Agenda Item No. 176 November 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT - 2006 -AR -9916- Imperial 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 - Imperial 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. 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. Aaenda Item No. 17B November 28, 2006 Page 2 of 6 RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVESMT-2006-AR-9916-Imperial 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 /I-- 110- Agenda Item No. 17B November 28, 2006 Page 3 oi 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17B This item was continued from the October 24 FCC meeting and is further continued to the Item Summary: November 28 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Recummendatior to approve Pe(tion AVESN+T- 2006- AR-9916- Imperial Wilderness Slorage Maintenance Parcel to disclaim, renounce and vacate the Countys and the Publics interest in that portion of a 65 foot wide in the West one -half of the Southwest Quarter of Section 12, Township drainage easement 51 South, Range 26 East Collier County, Florida. Meeting Date: 11/282006 9. COAL AM Prepared By Stephen Higgins Surveyor Date Community Development & CDES Engineering Services 9f2212006 9:43:26 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 9122/2006 2:36 PM Environmental Services Enviromnental Services Admin. Approved By John Houldsworth Senior Engineer Date Communitv Development & Engineering Services 912572006 8:01 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 101412006 9:18 AM Environmental Ser +ices Approved By Community Development & Date Joseph K. Schmitt Environmental Services Adminstrator Community Development & Community Development & 1011012006 11:05 AM Environmental Services Environmental Services, Admin. Approved By OMB Coordinator Applications Analyst Date Administrative Services Information Technology 10/11/2006 2:36 PM Approved By Mark Isackson Budget Analyst Date County Manage ?r. Office Office of Management & Budget 1011112006 3:13 PM Approved By Jarnea V. 7, udd County Manager Date Board of County County Manager's Office 1011112006 4:35 PM Comnd=_sionem a m r z r1 0 m C') O Z L 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 910' + / in 11112 i 14 IMPERIAL WILDERNESS WEST ONE —HALF OF THE SOUTHWEST QUARTER 1,310'+ /- 400' PORTI ❑N OF 65' DRAINAGE EASEMENT TO BE VACATED 400' SOUTH LINE OF SECTION 12 Z iz w E� wn o wLj wf 0; Z o aCU o! A � O lf) 1D November 28, 20C Page 4 of ----- - - - - -- PORTION- OF -65' DRAINAGE EASEMENT TO BE VACATED ------------------------------------- - - - - -- A PORTI ❑N OF A DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 1209, PAGE 1057, SECTI ❑N 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS F❑LLOWSi THE SOUTHERLY 65 FEET OF THE EASTERLY 400 FEET OF THE WESTERLY 1,310 FEET OF SAID SECTION 12, CONTAINING 0.60 OF AN ACRE OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTI ❑NS OF RECORD. r AGNOLI, BARPER & BRUNDAGE, INC, PROFESSIONAL] ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS BY---- - - - - -- -� --------------- - GUY P. ADAMSP P.L.S. NO. 4-290 - - - - -- N _T A S -J! VEY Tor: IMPERIAL WILDFPNFSS project: ;MPEP,IAL WILDERNESS title: SKETCH AND DESCRIPTION OF PART OF SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA ° ° ° ° ° ° ° ° AGNOLI Certificate of Authorization Nos. LB 3664 and EB 3664 v v ° ❑ v ° ° ° ° ° L� Fax: (239 }566 -2203 Cl v v v v A.12BFii & oa000c c°° ° ° P.UNDAGE, lNC. Professional engineers, planners, & land surveyors Collier County: Suite 200, 7400 Tamiami Trail, North; Naples, FL 34108 (239)597 -3111 Lee County: 9990 Coconut Road, Suite 103, Bonita Springs, FL 34135 (239)948 -8663 date: AUG. 29, 2006 scale: I book: 1 " =100' page: project view: nO"06 -0088 acad: file no:— 9541—SD I 9541 I >o LO @ r `0 � O O,z Q twos of ton W a f� as N W W N� W J s < > c� 3� a z R O U Z B n W m LLI 1— Q � O J Y W W K U C J O N ZI 9 a 3 d' Q � d' K W a N Ih 3A180 3AU'03NO '80 3ALLV380 10 twos of ton Q W iJ t u 4 r O r °a ui v Al O Q U O J f� as 3� R Pi U Z B n m LLI Q 00 a J 10 ,5 E we �m ma a3) a (kso ki'm MMABV Oo i rnw Q W iJ t u 4 r O r °a ui v Al O Q U O J Agenda Item No. 17B November 28, 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: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: By: Jeff E. Wright Assistant Collier County Attorney r-KANK HALAS , CHAIRMAN Agenda Item No. 17C November 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT - 2006 -AR- 10083, 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. HISTORICALIARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. 1�^ Agenda Item No. 17C ;November 28, 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 Agenda Item No. 170 November 28, 2006 Page; 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 170 from the October 24 [-'.CC meeting and is further continued to the Item Summary: This item was continued November 28 BCC meeting. This tem requires that all participarts be sworn in and ex parts disclosure be provided by Commission members. Recommendation to approve Petition AVESMT - 2006 -AR- 10063, The Rookery at Marco to disclaim, renounce and vacate the Countys and the Publics interest in a perlion o` a fltteen -toot wide Collier County utility ecsement as recorded in O.R. Book 1663, Page 1963, Public Records of Collier County. Florda. and more specifically described In Exhibit A. Meeting Date: 11/28/2006 9.00 A0 ,AM Prepared By Stephen Higgins Surveyor Date Community Development & CDES Engineering Services 9125/2006 1:04:31 PM Environmental Services Approved By Constance A. Johnson operations Analyst Date Community Development & Community Development & 101312006 6:37 AM Environmental Services Environmental Services Admin. Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 10412006 9:19 AM Environmental Services Approved By Community Development & Date Joseph K. Schmitt Environmental Services Administrator Community Development & Community Development & 110,10f2006 11:06 AM Environmental Services Environmental Services Admin. -- Approved By OW,B Coordinator Applications Analyst Date Administrative Services Inlormation Technology 10/11/2006 2 :39 PM Approved By Mary, iSaCkSon Budget Analyst Date County Manager's Office office of Management & Budget 101111"2006 3:22 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1011112006 4:37 PM Commissioners �, November 2 S , AL DESCRIPTION Pao THIS IS NOT A SURVEY LEGAL DESCRIPTION (COUNTY UTILITY EFSEt,4ENT VACF,7i0t4) A PARCEL OF LArJrD _YJFKO IN l lG 1 'SH!P „UTH R . ?- E =.ST �C'_LIER COUPJT ", Fi URwA, BEING Pd_R_ P4F... l,_4;?_Y DESZP:B_.. AS F D-IJ, 'S: COMMENCING AT THE EDuTHERLY CORr.1, -R OF CI_ - COURSE, AS R" Fl,.. r„, G r" L JEL 11 RC0 7' r.f� ivtT C GOLF a JCO J ^v Lk7 B _K '7, Px ES P„ _.0 FE_CCRDS L,r OLLILR 'COUNTY. rLC A; �Hc CE 4L W', TFE J ,P ,i-tE ( P.CHT Cf- J,A1' LINE B0051 Fr-T 10 A P.',FIT Or ✓.A LIRE: T -IRJCE Nu�T'v STt _�:) 10 _rT LOtd; r :,F TI L .P �'rr� O T c_T r E AI�� A ,US r 4 ��� uD � �. U ri f " B F CHOR ✓•JHICrI F. _ .. t R L d� bC P UBT Pau�1; S i J'T J9 E T' ,J F r c CC,,-! 'ER ' I IL T" EA 7-M -_-N CZ-S F L R J. h F .. ��. ., C -- P__�,r., -E � F RECORDS OF COLL. En r,r�:J lTv LCRIuA: - THEI, :CF_ al r1 J ^, THr E ERLY PC ih.. =T =F. CF s,ln .,CLULR ,,.TL.I.Tl' TY `G l ` -, THENCE t .;.n0 T�uR c2 Fr, N g r r , ' I POINT OF BEGINNIUG F ' E R _T� E ,'T ,- C �I T I7f,IC LE J'' ALL i� 1 — "tr l IF — -- _ __ _ ., I-_ LICE S =uu o 2- EFT _ 2 i 'riE "d CE r•J BSCJ'�r, °E =0R �_ 4? _Er, FEE - �� F r B FEET: �J Tu EN. 1, 49 ^T: 7.,. TrIC POINT O - - — -- r BEGIN'JItJG r ^'N T4lNI'INC, 1 FEET. _FSS. SUBJr. -0 EASESEPa _ /•,fJD '._... TI =:._ J REC_F._ t LC I t • R pie I I P r P4E =:.F.L ` FUR. N_td;, ". r: ,_ C_•S?Pi'�;� +! C' ,20 ^_5 \C5 OCBR 7l- �H.,­ ',x;05 FPL Vr, t_ =e•nenr. '{ �T/ \,nc „� —� VEINING CONS T RUCTION 1 1l1L , T Ti LEGr.L DESK RiPTIOP'I SB,oWPleSFF, o, 341 OF C.U.E. VACAT;ON r.�zcles,Fh��z34ie9 ! 1 PI '!,39159705'5 - _ FAX' 2351597 -0578 3 I..J n._�R_ 05- 0088.01 1 ... I',j -F. 1 OF 2 I 0006 r7C 2006 Iof7 Aaenda Item No. 17C November 2$, 2006 "DI-F R',' l_ 4 ,r PL /.T BO:iI; ^AGES 96 -'D7I 6 I DNE 7AE LE P O C Cyr a LINE BE API J Ffl TM F c ,: --, L2 C;4 n" — - -- -- ._7 NE53000_�_ _ _f— D 42 _5 N49 SKETCH OF DESCRIPTION Page 5 of 7 THIS IS NOT A SURLY ',2005 \C5 -CCEIF 'J' R—Ily 9 4erep CI.bhl:se Evp {- 'enn,ngi \0:1:?5 �P'- U!1 ".f� Lc- ^me- �t \'.iE r :e,lon ewe .. 2 ^05 _ C7 47 .,. _'T 9nrc' ('LI EMT- INC. "DAITA HENNING CONSTRUCTION sc CovsUr;-.eiNG c,l�l�,rn,t r« =, Z t 1 lfL 1 _,u � i. rr,g & 10:.,.h[� 6619 t4..jje Park Dive,10P .. ^00 Phone. (TJ9' S9] 6575 Phone: Fmria 97-n7 FAX. 1239)5970578 GOLF OUR3 PARCEL ? i .. MARCO SHC;F %_S T'Jri -",C .r'ilCbScaL .� GOLF COURSE PG PLAT BOCK '7, PFG(:S gg -1D3 PORTION OF C.U.E. TO BE VACATED "DI-F R',' l_ 4 ,r PL /.T BO:iI; ^AGES 96 -'D7I 6 I DNE 7AE LE P O C Cyr a LINE BE API J Ffl TM F c ,: --, L2 C;4 n" — - -- -- ._7 NE53000_�_ _ _f— D 42 _5 N49 6" P f t JRV T .BLE t __ c r'J? /e R' DIJ� I D LTA_ J_G M CB G __ LC e TII J C •nCrJ1 _, ',2005 \C5 -CCEIF 'J' R—Ily 9 4erep CI.bhl:se Evp {- 'enn,ngi \0:1:?5 �P'- U!1 ".f� Lc- ^me- �t \'.iE r :e,lon ewe .. 2 ^05 _ C7 47 .,. _'T 9nrc' ('LI EMT- INC. "DAITA HENNING CONSTRUCTION CovsUr;-.eiNG c,l�l�,rn,t r« =, Z t 1 lfL 1 _,u � i. rr,g & 10:.,.h[� 6619 t4..jje Park Dive,10P .. ^00 Phone. (TJ9' S9] 6575 Phone: Fmria 97-n7 FAX. 1239)5970578 I_ ^w TLE SKETCH OF LEGAL DESCRIPTION n J . H C.U.E. VACATION 11Vp, pal F(1J EC7 1 `.NtET FILE ,4 Z6E n'U!1HEP: OS- 0088.01 r Mg6� 2 of uu4tBEP.: 0006 cp r-- CD CD CO OiZ rti N LLJ F- U) Pal .4 L.) =W. LLJI 0 0 Z 0 0 -j Agenda Item No. 17C November 28, 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: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: FRANK HALAS , CHAIRMAN Approved as to form and legal sufficiency: By: Jeff E. Wright Assistant Collier County Attorney Agenda Item No. 17D November 28, 2006 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance amending Collier County Ordinance No. 72 -1, as amended (The Collier County Lighting District) by amending Section One, Area Established, by Deleting Edgewild Subdivision, now known as Quail Woods Estates; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. OBJECTIVE: That the Board of County Commissioners adopts the attached ordinance, which amends Collier County Ordinance No. 72 -1, as amended, to remove the Edgewild Subdivision, now known as Quail Woods Estates, from the Collier County Lighting District. CONSIDERATIONS: A recent audit of the Collier County Lighting District revealed that residents of the Edgewild Subdivision, now known as Quail Woods Estates, are individually billed by Florida Power and Light Company for street lights located on their properties through their individual monthly electric service billing. In order to prevent the residents of the subdivision from effectively being double - billed ,,.... for street lighting, staff recommends that the Collier County Lighting District Ordinance be amended to remove Edgewild Subdivision (Millage Area 115) from the Collier County Lighting District. FISCAL IMPACT: By an-tending Ordinance 72 -1 to remove Millage Area 115 from the Lighting District, annual revenue to the Collier County Lighting District Fund 760- 162711 will be reduced by approximately $3,255 annually. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: The Board of County Commissioners adopts the attached Collier County ordinance that amends Collier County Ordinance No. 72 -1, as amended. Prepared By: John W. Miller, Traffic Operations Department Attachments: (1) Ordinance 2006 - Agenda Item No, 17D November 28. 2006 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17D Reccmmendavon to adopt an Ordinance amending Collier County Ordinance No. 72 -1, as Item Summary: amended IThe Collier County Lighting District) by amending Section One, Area Established, by Deleting Edgewild Subdivision, now known as Cuail Woods Estates providing for conflict and severaoility, providing for inclusion in Code of Laws and Ordinances, and providing for an effective date. Meeting Date: 19!2612005 9.00.00 AM Prepared By Robert 4v, Tipton, P.E. Traffic Operations Director Date 10127/2006 2:17:14 PM Transportation Services Traffic Operations Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 1013112006 11:51 AM Approved By Narm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Adinin. 10131:2006 2:32 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 1Oi3112006 6:35 PM Approved By Robert W, Tipton, P.E. Traffic Operations Director Date Transportation Services Traffic Operations 111712006 4:36 PM Approved By Bari>ara La Pierre Management /Budget Analyst Date Transrortatino Services Traffic Operations 11141200E 4:1B PM Approved By Pat Lehnhard Executive Secretary Date Tr. ^nsnortation Services Transportation Services Admin 1 VI 312006 10:45 AM Approved By OMB Coordinator Applications Analyst Date Administrative Services Infonnafion Technology 1 111 512006 9:39 AM Approved By Mark. Isackson Budget Analyst Date County Office Office of Management S Budget 1112DI2006 11 :31 AM Approved By James V. Mudd County Manager Date Board of County County fr1anage %s Office 1 V21N2006 12:4& PM Commissioners Agenda Item No. 17D November 28, 20n6 Page 3 of 4 ORDINANCE NO. 2006- AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 72 -1, AS AMENDED (THE COLLIER COUNTY LIGHTING DISTRICT); AMENDING SECTION ONE, AREA ESTABLISHED, BY DELETING EDGEWILD SUBDIVISION, NOW KNOWN AS QUAIL WOODS ESTATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to Section One, Area Established, of Collier County Ordinance No. 72 -1, as amended Section one of Collier County Ordinance No. 72 -1, as amended, is hereby amended to delete the geographic area known as Edgewild Subdivision, now known as Quail Woods Estates, from the Collier County Lighting District as follows: a liglit jAa� b a _ a th@ R044h right o " �egiflfiifig; thenc@ OefltjRue so 214'27" east :'402.4 0 7 east 0 1 7 -- said SectiOD 25, TEA'Risl!43 49 SeEith, Range p- a ­R4 26A6-PO O , tlienoe Bai4li O feet; tl!ORee 2" i - - C SECTION TWO: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or Underlined words are added; Struck Through words are deleted. Agenda Item No. 17D November 28, 2006 Page 4 of 4 re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: Effective Date This Ordinance shall be 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 ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and Legal sufficiency: Scott R. Teach Assistant County Attorney 2006. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Frank Halas, Chairman Underlined words are added: Struck Through words are deleted. r ,.,— Agenda item No. 17E November 28, 2006 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve Petition AVROW - 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. Agenda Item No. 17E November 28, 2006 Page 2 of 7 HISTORICALIARCHAEOLOGI CAL 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 Agenda Item No, 17E November 28, 2006 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17E Item Summary: This item was continued from the October 24 BCC meeting and is further continued to the rovember 28 BCC meeting. This item requires that ali participants be sworn in and ex pane disciosure be provided by Commission members. Recommenciatlor to approve Petition P.VRONJ- 2006 -AR -J674 Lucerne Road to disclaim rpnnuhce and vacate the Countys and the Publics interest in a portion of Lucerre Road adjacent to Bloak 115, Golden Gate Portion 4. according to a map thereof, as recorded ir, Plat Bock 5, Paaes 107, o` the Public Records Collier County, Florida. Meeting Date: 11128!2000 9.00.06 AM Prepared By Stephen Higgins Surveyor Date Community Development & ODES Engineering Services 9121f2006 1:55:22 PM Environmental Services Approved By John Houldsworth Senior Engineer Date Community Development & Engineering Services 912212006 10:20 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Development & 912212006 11:21 AM Environmental Services Environmental Services Admin. Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development 8 CDES Engineering Services 10!412006 9:17 AM Environmenta! Services Approved By - Community Development & Date Joseph K. Schmitt Environmental Serv!ces Administrator Community De,clopinent & Community Development & 1 011 012 00G 11:02 AM Ervironmenta: Services Envimnvrectal Services Admin. Approved By OMe Coordinator Applications Analyst Date Administrative Services Information Technology 1 Will 1f2006 2:37 PM Approved By Mark Isccksor Budget Analyst Date Courty Manage- s Office Oftice c` It9anape:ment & Budget 10!11!2006 3:06 PM Approved By Jame=_ V. Mudd County Manager Date Boar,, of County County Manager's Office 11120/200610:37 AM Commissioners LUCERNE ROAD Agenda 1-m N o 17E �. (VACATED PORTION ) N� mber 28. 21006 Page of 7 �J BLOCK 116 / N SCALE. 1" = 117' LUCERNE ROAD (PORTION TO BE VACATED) (0.66 ACRES f) LINE TABLE LIME LEND BEABtt�� L1 46.00 S 34'40'48' E / CURVE TABLE CURVE DELTA RAQIU AEC CHORQ CHORD U ARINr Cl 250727' 898.77 44.53 44.53 S 647019" E C2 3254 51' 1064.74 611.65 603.27 N 3851'46' E C3 3303'56' 1016.74 587.92 579.79 N 38'47'14' E C4 8427'49" 25.00 36.85 33.61 N 1958'39' W C5 88 0954" 25.00 38.47 34.78 N 21 40'36' W NORTHERLY BOUNDARY P. 0. B. GOLDEN GATE UNIT 4 \\ / SOUTHWESTERLY (P•B. 5, PGS 107 -116) CORNER BLOCK 115 \ BLOCK 115 CIOR NORTHEASTERLY R.O.W. LINE \ � � O,VgO OA\ 9 / GENERAL NOTES, 1. DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. 2. CURVE DIMENSIONS ARE AS FOLLOWS: Q P = DEL TA ANGLE, R = RADIUS, A = ARC DISTANCE, GP� CH = CHORD DISTANCE AND CHB = CHORD BEARING 3. P.O.B. – POINT OF BEGINNING. G6 -11 / 4. R.O.W. = RIGHT –OF –WAY. 5. BEARINGS ARE BASED ON THE PLAT OF GOLDEN GATE UNIT 4, AS RECORDED IN PLAT BOOK 5, PAGES 107 -116, COLLIER COUNTY, FLOR)DA. THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: CLIENT: B. S. S. W. ARCHITECTS wigNEEMPA TITLE: SKETCH AND DESCRIPTION OF PART OF LUCERNE ROAD NOLI OF THE PLAT OF GOLDEN GATE UNIT 4 nools ER k (P.B. 5, PGS. 107 -116) COLLIER COUNTY, FLORIDA ■ ORE ■0 am ■��MR� _ WOMEN UNDAGEim DRAWN BY: JAN PROJ. NO.: 05 -0165 Protoui°av °°�N� PLaa °r+. t Lad rur.e�on 1 AR Y CHECKED BY: °i°"' `'mod °iq' °0j "°°+ n.a M=w rv+. ti wua Iw1w� -a�u _Szi�l SHEET NO.: 1 OFD Ci la �"' °� �°° rsr a — a s w..+. R aaw' Iwtlnt -aui ACAD NO: 9346 –SD FILE N0: 9346 a- la aaw a aaw nc ffwilwa rw •• REFERENCE ABB PROJECT 98309 ++ LEGAL. DESCRIPTION ALL THAT PART OF LUCERNE ROAD. GOLDEN GATE UNIT 4, AS SHOWN ON THE PLAIT THEREOF AND AS RECORDED IN PLAT BOOK 5. PAGE 109, PLOLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING ATA SOUTHWESTERLY CORNER OF BLOCK 115 OF THE AFOREMENTIONED PLAT, SAID CORNER ALSO LYING ON THE SOUTHEASTERLY LINE OF LUCERNE RQAD AS SHOWN ON THE AFOREMENTIONED PLAT AND ALSO LYING ON THE NORTHEASTERLY LINE OF CORONADO YING ON THE ARC OF A CURVE CONCAVE SOUTHWESTERLL y ANDDWW 40SE RADIUS SOUTH 27'044'55' WE T A DISTANCE OF 898.17 FEET,' THENCE ALONG THE NORTHWESTERLY EXTENSION OF SAID NORTHEASTERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2' S0' 27' AN ARC DISTANCE OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY 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 SOUTHEASTERLY AND AND HAVING A RADIUS OF 1064.74 FEET SAID CURVE ALSO BEING 46.00 FEET NORTHERLY FROM AND CONCENTRIC WITH THE NORTHEERY LINE OF SAID TRACT 115; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3r54S1'AN ARC DISTANCE OF 611.85 FEET; THENCE LEAVING SAID CONCENTRIC CURVE SOUTH 3414048' EAST A DISTANCE OF 46.00 FEET TO AN INTERSECTION WITH THE ARC OF A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY AND WHOSE RADIUS BEARS SOUTH 34' 4D'48' EAST A DISTANCE OF 1018.74 FEET SAID ARC BEING THE NORTHERLY BOUNDARY OF SAID BLOCK 115; THENCE SOUTHWESTERL Y ALONG SAID NORTHERLY LINE AND ALONG THE ARC OF SAID NON- TANGENT CURVE THROUGH A CENTRAL ANGLE OF 33'03'58' AN ARC DISTANCE OF 1567.8? FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLYAND HAVING A RADIUS OF 25.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTHERL Y ALONG THE ARC OF SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 847T4D' AN ARC DISTANCE OF 38.85 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.68 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. ABSTRACT NOT REVIEWED. AGNOU, SARW.Ri AND BRUNDAGE, INC. 4GEENGINVERS, PLANNERS 0 SURVEYORS AND MAPPERS THIS LEGAL DESCRIPTION AND noun ._ Nou GE,ma Prolssstiomai sndnssea plsnnsn. Ik land sorve"m � am a-ftT srra.i.n n �n (rl iiii C—U6 —b d Ilia O am" INI -r» � 17E ber tu 28, to0of7 6 . Page I„- ~ OF THE PLAT OF GOLDEN GATE UNIT 4 (P.B. 5, PGS. 107 -116) COLLIER COUNTY, FLORIDA SCALE- N.T.S. DATE: FFB. 17. 2006 DRAWN BY: JAN PROJ. NO.: 05 -0165 CHECKED BY: _GW"H SHEET NO.: 2 OF 2 ACAD NO: —914r .SQ FILE N0 9346 L.t j Cfl r-- CD CV C7 C6 Cv y Q Q pp Q 1 1 3� — , - -- — — ONr�1f1p8 3NIHSNfiS �m \ ° H N 1 �P 3JVNS31 HA* r 'M'S 133N15 IupS Vs W S \ T/Ntlp N3lNnH Z \ — ---- 'MS3cvamli Oc-- -- - - - - -- —I O \ \ P� I N \ AS 133HLS 1Sig \ 3v \\ 3135 O1 AN —20 O Q U m � oZ iVr 6, �J � <e Ng6 "�� n311106 H3filQ� L9627 '°-'G ` z� _ w � ry Q S n NOONB�l6prS n n of m o a m s ° jics wl " 0O awn�rwe Ntl`JO� � 35 ,<��� Y� _ i rouvlNVtd �'" ie tltlrBNbE v1NVs W 0 se3ltlisa3lNi � � � V 6v pN38N3LLIHM <R n -" ONlv,r, 5l n sarn oaMVn � —20 O Q U Agenda Item No. 17E November 28, 2006 Page 7 of 7 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVROW - 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 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 12006. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BLOCK, CLERK By: Approved as to form and legal sufficien , By: Jeff E. i t Assistant oilier County Attorney FRANK HALAS , CHAIRMAN Agenda Item No. 17F November 28, 2006 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT - 2006 -AR -9951, Townhomes at Raffia Preserve, disclaiming, renouncing and vacating the County's and the Public's interest in two existing public right -of -way easements, one being the West 30 feet of the South 1/2 of the Northwest '/4 of the Northwest '/4, together with West 30 feet of the North 1/2 of the Southwest' /4 of the Northwest 1/4 of Section 34, Township 48, Range 26; The other being the East 30 feet of the North '/2 of the South '/z Northeast '/4 of the Northwest 1/4, together with the East 30 feet of the South' /2 of the South' /2 of the Northeast' /4 of the Northwest 1/4 and the East 30 feet of the North '/2 of the Southeast '/a of the Northwest '/a of Section 34, Township 48, Range 26, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate two existing public right -of -way easements, one being the West 30 feet of the South ' /z of the Northwest'/ of the Northwest' /4, together with West 30 feet of the North '/2 of the Southwest '/ of the Northwest '/ of Section 34, Township 48, Range 26; The other being the East 30 feet of the North '/2 of the South '/2 Northeast '/4 of the Northwest'/4, together with the East 30 feet of the South '/2 of the South '/2 of the Northeast '/4 of the Northwest '/ and the East 30 feet of the North '/2 of the Southeast '/4 of the Northwest '/ of Section 34, Township 48, Range 26, Collier County, Florida. CONSIDERATIONS: Petition AVESMT- 2006 -AR -9951, Townhomes at Raffia Preserve has been received by the Engineering Services Department from Michael Delate of Q. Grady Minor & Associates, P.A., as agent for the petitioner, Elias Brothers Communities, Rick Mercer. 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 No. 17F November 28, 2006 Page 2 of 10 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 -9951, Townhomes at Raffia Preserve, vacate two existing public right -of -way easements, one being the West 30 feet of the South '/2 of the Northwest '/4 of the Northwest ' /4, together with West 30 feet of the North '/2 of the Southwest '/ of the Northwest '/ of Section 34, Township 48, Range 26; The other being the East 30 feet of the North '/2 of the South '/2 Northeast '/4 of the Northwest '/, together with the East 30 feet of the South '/2 of the South '/2 of the Northeast 1/4 of the Northwest'/ and the East 30 feet of the North' /2 of the Southeast' /4 of the Northwest' /4 of Section 34, Township 48, Range 26, 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 r Agenda Item No. 17F November 26, 2006 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: "7F Item Summary: This item requires that all participants be sworn in and ex cane disclosure be providea by Commission members. Recommendation to approve Pennon A- -VESMT 2005- AR-9551, TDwnhomes at Raffia Preserve, dlsciaming, renouncing and vacating the Ceuntys and the Publics interest in iwc existing public right of -way easements one being the VVest 30 feet of the South of the Northwest of the Northwest , together wdh West 30 feet of the North of the Southwest of the Northwest of Section 34, Townshlc. 48 Range 26. The other being the East 30 feet of the North of the South Northeast of the Northwest together with the East 30 feet of the South of the South of the Northeast of the Northwest and the East 30 feet of the North of the Southeast of the rJDrthwesi c! Segtlon 34 Township 4E, Range 26.. Collier County, Florida. Meeting Date: 11/2812006 5:00:00 AM Prepared By Stephen Higgins Surveyor Date Community Development & CDES Engineering Services 11/1/2006 9:53:05 AM Environmental Services Approved By Thomas E. Kuck, P.E. CDES Engineering Services Director Date Community Development & CDES Engineering Services 11,1212006 8:18 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Developme ;t & 1 VS12006 9:31 AM Environmental Ewrvices Environmental Services Admin. Approved By Community Development & Date Joseph K. Schmitt Er vircnmental Services Adminstrator Community Development & Community Development & 11114/2006 2:43 PM Environmental Services Environmental Services Admin. Approved By OfLB Coordinator Applications Analyst Date Administrative Services information Technology 11!15!2006 9:40 AM Approved By r,curk !sackson Budget h.nalyst Date County Manager's Office Office_ of Management & Bodnar 11!1 612006 10:47 AM Approved By James V. 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WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes, Petitioner, Elias Brothers Communities, has requested the vacation of two existing public right -of -way easements, one being the West 30 feet of the South 1i of the Northwest 14 of the Northwest is (Exhibit 'A' }, together with the West 30 feet of the of North /z of the Southwest '/4 of the Northwest 1/4 of Section 34, Township 48, Range 26 (Exhibit 'B'); the other being the East 30 feet of the North ?--� of the South '/2 of the Northeast 1/ of the Northwest Ya (Exhibit 'C') together with the East 30 feet of the South ',,2 of the South 112 of the Northeast 14 of the Northwest 1/4 (Exhibit 'D') and the East 30 feet of the North ,,z of the Southeast 1/4 of the Northwest t/4 (Exhibit 'E') of Section 34, Township 48, Range 26, Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider Petitioner's 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; and 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 easements as specifically described in the attached Exhibits 'A' through 'E' 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: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: FRANK HALAS , CHAIRMAN Approved as to form and legal sufficiee By: t Jeff E. rid, Assistant Collier County Attorney Agenda Item No. 17G November 28, 2006 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve Petition AVPLAT - 2006 -AR -9810, 1487 Bembury Drive, disclaiming, renouncing and vacating the County's and the Public's interest in the ten foot wide drainage easement encumbering the east five feet of Lot 12 and the west five feet of Lot 11, Storter Subdivision, as recorded in Plat Book 5, Page 106, of the Public Records of Collier County, Florida, and more specifically described in Exhibit "A" and to accept a replacement drainage easement, as depicted and described in Exhibit "B" in place of the vacated easement. OBJECTIVE: To adopt a Resolution to vacate the ten foot wide drainage easement encumbering the east five feet of Lot 12 and the west five feet of Lot 11, Storter Subdivision, as recorded in Plat Book 5, Page 106, of the Public Records of Collier County, Florida, and more specifically described in Exhibit "A" and to accept a replacement drainage easement in place of the vacated drainage easement as described in Exhibit "B" CONSIDERATIONS: Petition AVPLAT- 2006 -AR -9810, 1487 Bembury Drive, has been received by the Engineering ,-- Services Department from Lb r as agent for the petitioner, AE Watermark, L C, Edward Hirsch, Managing member, requesting avaccation of the referenced five -foot wide drainage easements. An alternate drainage easement has been offered to Collier County for required drainage purposes. 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. HISTORICALIARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. Agenda Item No. 17G November 28, 2008 Page 2 of 9 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVPLAT- 2006 -AR -9810, 1487 Bembury Drive, to vacate the ten foot wide drainage easement encumbering the east five feet of Lot 12 and the west five feet of Lot 11, Storter Subdivision, as recorded in Plat Book 5, Page 106, of the Public Records of Collier County, Florida, and more specifically described in Exhibit "A ". 2. Accept the replacement Drainage Easement depicted and described in Exhibit "B" and authorize the County Manager or his designee to record the replacement easement. 3. 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., County Surveyor — Aaenda Item No, 17G November 28 , 200E Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17G Item Summary: This item requires that all participants be sworn in and ex parte disclosure be provlaed by Commission members. Pecomrnendauon to approve Peiitlon AVPLAT- 2006 -AR -9610, 1487 BEmbury Drive disclaiming, renouncing and vacating the Countys and the Publics interest in Ine Ten - =oot wide drarnaoe easement encumbering the East Five -feet of Lot 12 and the V ^vest Five -feet of Lot 11. Stoner Subdivision as recorded in Plat Cook 5, Page 106 of the Public record of - 011,er County, Florida and mor specifically described in Exhibit P- and io accept a replacement drainage easement as depicted and described In Exhibit E in place of the vacated easement. Meeting Date: 11 iz 6!2006 9 00 00 AM Prepared By Date Stephen Higgins Surveyor Community Development 8 111112006 2:55:52 AM CDES Engineering Services Environmental Services Approved By Thomas E. Kuck; P.E. ODES Engineering Services Director Date Community Development & CDES Engineering Services 1112;2006 2:21 AM Environmental Services Approved By Constance A. Johnson Operations Analyst Date Community Development & Community Develnpment & 11,1912006 9:35 AM Fi— rcnmental Services Environmental S=_n•ices Admin. Approved By community Development & Date Jo =eph K. Schmitt Environmental Services Adminstrator Community Development & community Development S 11114!7.0:16 3:33 PM Environmenta'. Sarvices Environmental S6er..ices Admin. Approved By 0t.1E Coordinator 4pplications Analyst Date Administrative Services Information Technology 111512006 9:41 AM Approved By Po "zrk Isackson Eudg =. Anaiysf Date County A "aria e %s Office Office of Management & Budget 11 11512006 11:47 AM Approved By Jams Mudd udd Count Y Manager a : nager Date Board of Comity County Fdanager's OFfice 1111512006 7'.45 PM Conrmissic•ners Agenda Item No. 17G November 28, 2006 Page 4 of 9 SKETCH AND LEGAL DESCRIPTION DRAINAGE EASEMENT TO BE VACATED LEGEND E DRAINAGE EA$EUENT PS PROrtS'.ONAL L,'Nll SURAIOR LD LICENSED BUSINESS THE WEST 37" OF LOT 12 (Occupim) DPLUNAG E E_ASEMF__NT 5 89'52'41'E 60.W THE EAST 43' OF I LOT 12 T,,-1- F�,,]T J FFE7 OF !_0F 12 AkD THE __ -T 0- 1 r .1 K' E­"_)0K !C,6 OF T-I E Pjp_ 'c CR,"Ds Or C0LLjFP ��01 - _:�Y, FLORIDA 4s'ljl BENBURY DRIVE (70 R, c OF- NAY) EXtj IBIT jj" c 1'.0, — THE EAST 63' OF LOT 11 (CCCUPILD) -_tea N"? LAID V' j` T"Z SGNA7URE Ali" T'Y, 0',',0!NAL FAIaD 7AL 01 A rLURj()A j,'CN�f D SJRVE, ,OR N1L U,1irp & f07! 64L '6— A.. 32#f X,kL." S'Z_� I rl I �? ((2 99) 2 6 f - 5965 Agenda Item No. 17G November 28, 2006 Page 5 of 9 SKETCH AND LEGAL DESCRIPTION 10' PROPOSED EASEMENT to + E ,S' 225' W ._ SCALE , . W Lip 584'52'41'E 6000 �'� us cwwr w. ..vc rcH acw co D E DRAINAGE EASEMENT rx.s aRDEES"soNU LANO swevEroR La LICENSED BUSINESS tSIT II I G n v, 4 _ � ik 4. .y 3 O^ THE EAST 63' OF �. LOT t1 THE WEST 3T OF THE EAST 43, OF � p (OC C UPIEO) LOT 12 LOT 12 (OCCUPIED) � �o BEUBURY DRIVE — E IGH Ow RT— OF —WA`O PROPOSED DRAINAGE EASEMENT zid Gs.Kificob Hwnber 452D THE EAST 10 FEET OF THE WEST 17 FEET OF LOT 11, STORTEP, SUBDIVISION AS x.�� A>�HWnvZE op 7W LRASLD AAV MAPPER RECORDED IN PLAT BOOK 5, PAGE 106 OF THE PUBLIC RECORDS OF COLLIER 56m�a & �� g COUNTY, FLORIDA &- � -'P.6 ,,;...g 15r� {OYZ 6K, dw X.14 "X0,11— 9) (23 26f ; 5965 tSIT Agenda item No. 17G November 28; 2006 Page 6 of 9 DRAINAGE EASEMENT THIS EASEMENT, is made and entered into this 6th day of October, 2006, by AE WATERMARK, LLC, a Florida limited liability company, (hereinafter referred to as "Grantor "), whose mailing address is c/o EDUARDO HIRSCH, P.O. Box 111959, NAPLES, FL 34108 -0133 and COLLIER COUNTY, a political subdivision of the State of Florida, it's successors and assigns (hereinafter referred to as "Grantee "), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. (tv'herever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, unto the Grantee, a perpetual, non - exclusive easement to enter upon and to install and maintain drainage structures and facilities on the following described lands located in Collier County, Florida, to wit: The East 10 feet of the West 17 feet of Lot 11, STORTER SUBDIVISION, according to the Plat thereof as recorded in Plat Book 5, Page 106, Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Grantor makes no warranties as to the suitability of the land for the purpose of this easement. DRAINAGE EASEMENT Page 1 of 2 IN WITNESS WHEREOF, and y - first above N tten. Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 17G November 28, 2006 Page 7 of 9 the Grantor has caused these presents to be executed the date AE WATERMARK, LL Florida limited liability^ -0 Eduardo Hirsch' Its: ManagZg M tuber I I I The foregoing Drainage Easement was acknowledged before me this day of October, 2006, by EDUARDO HIRSCH as Managing Member of WATERMARK, LLC. Said person is he" rsonally known j.o me }or has produced as identification, and rho states that sire is authorized to sign onb alf the Cq or o 'p a, n. (Affix Seal) Noiam' Public ScrjaVCornmisslowV: DD-5N4124-551 Notary pubk state of Florida R&ard 0 Lyons 93'n ; 2451 My Commission DD542451 M Ex:,wes D6012DIO My Commission Expires: 06/29/2010 DRAINAGE EASEMENT Page 2 of 2 r�coa7 r C Too cN 0:) z° x 0) tia- �, 0 z Q I I Z - a3'�XI NOON= w �Q m U I 0 J i iZ N 1311tlL5 VILSI U � I g _ z aldc —awae I V M C p N 3T'05 M ION Em � SL-31Y1Sl8LNI 5 age ari �� �' v+w� Oa34p111M 31NIOd NVON] C t'�stim 3aaa rua� # 03 �g��g' __ d���y g � aonwnavw B 'm W g W m s W z Y N V V p �� �� z OVOL N019aNWl a ado fY °� �< r1k -v-u�� � � sgH W nanlw� •iu IL[v'a)a 5 avow oNmru- laodun <� i 56 j g €gW XX�IN O 31L31a0 o .1 Y _ (LS5'tf0! OVW MI \ \ \ \Vlf m 00 n 0 n dl.d d O �.j OF MEXICO GULF a V z a F-- _ I I� li G =I g� J � �I Qv� a Q O f . U O J Agenda item No. 7G November 28, 2 06 Page 9 f 9 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVPLAT - 2006 -AR -9610, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE TEN FOOT WIDE DRAINAGE EASEMENT ENCUMBERING THE EAST FIVE -FEET OF LOT 12 AND THE WEST FIVE -FEET OF LOT 11, STORTER SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 106, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND MORE SPECIFICALLY DESCRIBED IN EXHIBIT "A ", AND ACCEPTING A REPLACEMENT DRAINAGE EASEMENT, AS MORE SPECIFICALLY DEPICTED AND DESCRIBED IN EXHIBIT "B ", IN PLACE OF THE VACATED EASEMENT. WHEREAS, pursuant to Section 177.101, Florida Statutes, Petitioner, AE Watermark, LLC, has requested the vacation of a ten foot wide drainage easement encumbering the East five -feet of Lot 12 and the West five -feet of Lot 11, Storter Subdivision, as recorded in Plat Book 5, Page 106 of the Public Records of Collier County, Florida, and more specifically described in Exhibit "A ". WHEREAS, in conjunction with, and as part of Petitioner's request, Petitioner has offered for dedication an alternate ten foot wide drainage easement as a replacement easement, as depicted and described in Exhibit "B ", in place of the vacated easement; and WHEREAS, the Board has this day held a public hearing to consider the aforementioned 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; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interest in the drainage easement 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 County hereby accepts the dedication of the replacement easement described and depicted in Exhibit 'B'; and 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 Approved as to form and legal suf' By: Ce, Jeff E. ri t Assistan oilier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS , CHAIRMAN Agenda Item No. 17H November 28, 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve an Amendment to Ordinance No. 80 -80, as Amended, to Extend the Reporting Requirements Timeframe of the Emergency Medical Services Advisory Council. OBJECTIVE: That the Board of County Commissioners approves an Amendment to Ordinance No. 80 -80, as amended, by amending Section 50 -27, Purpose, of the Code of Laws and Ordinances of Collier County, Florida, to allow a change to the reporting requirements of the Emergency Medical Services Advisory Council. CONSIDERATIONS: On September 26, 2006, the Board of County Commissioners approved a revision to Section 50 -27, Purpose, of the Code of Laws and Ordinances of Collier County, Florida, to reflect a change in the reporting process in order to comply with Section Nine of Ordinance No. 2001 -55, as amended, which requires a report of an advisory board to be filed with the Board of County Commissioners (BCC) every four (4) years. Attached is an Ordinance amending Section 50 -27 of the Code. This provision now allows the Council to file a report every 4 years unless otherwise stated by the BCC. 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 adopts the attached Ordinance Amending Ordinance No. 80 -80, as amended and as codified in Section 50 -27 of the Code of Laws and Ordinances of Collier County, Florida. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Agenda Item No. 17H November 28, 2006 Page 2 o. 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 17H Item Summary: Recommendation to approve an Amendn-ent to Ordinance No 8C -80. as Amended, to Extend the Reporting Requirements Timeframe of the Emergency Medical Services Advisory Council Meeting Date: 11)2812006 9'00:00 AM Prepared By Jeff Page EMS Chief Date Bureau of Emergency 111812006 3:22:35 PM EMS Services Approved By Jeff Page FMS Chief Date Bureau of Emergency 111812006 3:28 PM EMS Services Approved By Colleen Greene Assistant County Attorner Date Office 11113!2006 9:30 AM County Attorney County Attorney Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency Services 1111412006 2:49 PM Approved By OMB Ceordinator Applications Analyst Date Administrative Services Information Technology 1V1512006 9:47 AM Approved By Micttae! Smykovykj fd-anagentent SSuclget Crirecior Date County Manager's Office Office of &',anegement 6 Budget 11116.'200B 10:55 AM Approved By James V. Mudd County Manager Date Bcard of County agers Office Count,' tanagers 5:57 PM Commissioners Agenda Item No. 17H November 28, 2003 ORDINANCE NO. 2006- Paae 3 of 4 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 80 -80, AS AMENDED, BY AMENDING SECTION 50-27, PURPOSE, OF TIIE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA; PROVIDING FOR AN AMENDMENT TO THE REPORTING REQUIREMENTS OF TIIE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WIILRE AS, on September -16,2006, the Board of'County Commissioners approved an amendment to the provisions of the Emergency Medical Services Advisory Council Ordinance as it relates to reporting requirements of the Council to the Board of County Commissioners. NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLT:R COUNTY. FLORIDA, that: SECTION ONE: Section 50 -27, Purpose, of the Code of Laws and Ordinances of Collier ('ounty, Florida, is hereby amended as folio « -s: See. S0 -27. purpose. a) Generally. The purpose, ohiectives and functions of the emergency medical services advisory council are to act as an advisory board to the board of county commissioners on all aspects of emergency medical services in the county: to study and analyze all opportunities and problems associated with providing optin:utn emergency medical services throughout the county; and to further deluteate obiectives and functions as may be necessary and which shalt be included in the bylaws for said EMSA council. The emergency medical services council shall also have the right, responsibility and dery to review any complaints received by it concerning the quality of the emergency medical services being rendered by any duly authorized emer(envy medical services provider within the county, to establish a procedure for reviewing such complaints and to recommend to the board or county commissioners the action, if necessarv, that Would be appropriate to resolve such complaint or complaints. Said bv laws shall be subject to the board orcounty commissioners' approval. b) Report required Fvery four cars. the ENIS:a council shall aruttt" prepare a report to tile board of crnurt} commissioners on its activities and accomplishments as well as an evaluation of emergency medical services and needs. The_E\7SA cowuil tray tresem rep1011s to the ACC more often than eyery four years if the BCC re nests such report or the council Ends it to he appropriate. 1 Words Underlined are added; T WordsS� -«t �- ri,rign are deleted. Agenda Item No. 17H November 28, 2006 Page 4 of 4 SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law. the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word_ SECTION FOUR: Effective Date. This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of , 2006. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and le-al sufficiency: COI.I,FFN M. GkEENE Assistant Count'v Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. Rv: FFLaNK A. HALAS, Chairman 2 Words t'nderlincd are added; Words Sty -uek T hrougsi are deleted. Agenda Item No. 171 November 28, 2006 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve Petition AVROW- 2006 -AR -9477, GOLDEN GATE ESTATES UNIT 95 to disclaim, renounce and vacate the County's and the Public's interest in a 60 foot wide right of way easement known as 7T" Avenue NW (Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, and more specifically described in Exhibit "A," and to accept a 20 foot wide alternate drainage easement and two 10 foot by 10 foot alternate drainage easements over portions of Tract 15, as more specifically described in the attached exhibits. OBJECTIVE: To adopt a Resolution to vacate the County's and the Public's interest in a 60 foot wide right of way easement known as 7T" Avenue NW (Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, and more specifically described in Exhibit "A," and to accept a 20 foot wide alternate drainage easement and two 10 foot by 10 foot alternate drainage easements over portions of Tract 15. CONSIDERATIONS: Petition AVROW- 2006 -AR -9477, GOLDEN GATE UNIT 95 has been received by the PMS of Naples, as agent for the petitioner, Beachwood Land Trust, Michael J. Volpe, Trustee. 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. I-,— Agenda Item No. 171 November 28, 2006 Page 2 of 11 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVROW- 2006 -AR -9477, GOLDEN GATE ESTATES UNIT 95 to vacate the County's and the Public's interest in a 60 foot wide right of way easement known as 7T" Avenue NW (also known as Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, and as more specifically described in Exhibit "A," and to accept a 20 foot wide alternate drainage easement and two 10 foot by 10 foot alternate drainage easements over portions of Tract 15. 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. Collier County Surveyor NOT A SURVEY SKETCH & DESCRIPTION EXHIBIT "A" DESCRIPTION FOR THE VACATION OF THAT PART OF 7TH AVENUE NW MORE PARTICULARLY DESCRIBED AS FOLLOWS enda Item No. 171 Tel r 771 7O, GVU Page 3 of 11 NOT TO SCALE DESCRIPTIOM COMMENCING AT THE NORTHEAST CORNER OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 95, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA] THENCE N89'40150'W A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED I PARCEL] THENCE S.00'1910'W., A DISTANCE OF 30.00 FEET] THENCE K89.40'50'61., A DISTANCE OF 46389 FEET] THENCE N.00.28�34'W., A DISTANCE OF 60.01 FEET] THENCE S.89'40'50'E., A DISTANCE OF 464.72 FEET] THENCE W S 00 1910'W., A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. W i PARCEL CONTAINS 27858.43 SQUARE FEET OR 0.64 ACRES, MORE OR LESS I w I w TRACT 16 I I = I � i I q 1 I S.B9.4Q'S0'£. 4647P• 1 n POC -� 15 -C /L 7TH AVE NW 60' R /W --------- �_� -� TRACT z i � I W I I i w 1 w I I a 1 1 A I M LINE TABLE Line Bearing Distance LI N.89.40'50'W. 50.00' L2 S00'19'10'W. 30.00' L3 N00'28'34'W. 6Q01' L4 S00 19'10'W. 30.00' TRACT 15 Z"' Z'/ /I /Z/ Z// 5 / BY; W. KA L MAYZEN JR, PSM 45839 REVISION SEPT. 18. 2006 2004/2006/401- 500/05- 02- 476LEG I I 1 F7 I � i m I Z 1 a � I J � I I O o I 1 3 c 1 . I � 1 s 1� i 1 1 I I 1 I NORTHEAST CORNER 1 OF TRACT 15 `s I L3 0, A w d 0 a fA J 2 4 U' LEGAL DESCRIPTION MAYSON LAND SURVEYING INC. LB47385 3737 DOMESTIC AVE. #9 NAPLES, FLORIDA 34104 Z I i , I W I I y I I W I I 1 w I I L7 I I Z I I I Q I I c I I I i I I I I 1 Z' I I I I i a I I w I 1 I I W I 1 ¢ t I = 1 I 1 I � 1 I q I 0 m J TRACT FB / TRACT i - — QPI ACRES MORE OR NOT A SURVEY SKETCH & DESCRIPTION LINE TABLE Line Bearing Distance Ll N89'40 50'V. 5a00' L2 S.0019'10'V. Ia00' 1-3 S.00'1910'V. 20.00' L4 N.00'2834'V, 20.01 TRACT 16 /- VACATED RTLHT- Of'- ✓AY -L /NE 7TH AVE NW 60' F/W & PROPERTY LINE 20' DRAINAGE EASEMENT ---' P¢0 S.89'4013UIC 46185P \- VACATED RIGHT- DF -VAY -LINO DESCRIPTION FOR 20' DRAINAGE EASEMENT THAT PART OF 7TH AVENUE NW MORE PARTICULARLY DESCRIBED AS FOLLOWS D£SCRIPTIONI COMMENCING AT THE NORTHEAST CORNER OF TRACT 15, GOLDEN GATE ESTATES UNIT NO. 95, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA] THENCE N.69'40'50'V, A DISTANCE CIF Sa00 FEET] THENCE SOO'1910'6, FOR 10 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL) THENCE S.00'1910'V, A DISTANCE OF 20.00 FEET] THENCE N.89'40'50'V, A DISTANCE OF 463.89 FEET] THENCE N,00'28'34'V., A DISTANCE OF 20.00 FEET; THENCE S.89'40 5D E,, A DISTANCE OF 464.17 FEET, TO THE POINT OF BEGINNING. PARCEL CONTAINS 9280.59 S2UARE FEET OR 021 ACRES, MORE OR LESS. BY, W. KARL AY ON JR. PSM #5829 REVISEI) SEPT. 18, 2006 2004/2006/401- 500/05- 02- 476LEG I I I I I I , PCiB 177. koenda Item No. 171 November 28, 2006 Page 4 of 11 J NOT TO SCALE \NORTHEAST CORNER OF TRACT 15 I I � I I I � I 2 � J K I ix I ix � I Y w � w I 3 a J t i I o I I A I m I z I I � � I ❑ I I I LEGAL DESCRIPTION 1 MAYSON LAND SURVEYING INC. LB #7385 3737 DOMESTIC AVE. #9 NAPLES, FLORIDA 34104 O r-, Q C/J Q d NOT A SURVEY SKETCH & DESCRIPTION TEN FOOT BY TEN FOOT DRAINAGE EASEMENT PART OF TRACT 15 GOLDEN GATE ESTATES UNIT NO 95 LEGAL DESCRIPTION, PART OF TRACT 15 COMMENCING AT THE NORTHWEST CORNER OF TRACT 15, GOLDEN GATE ESTATES UNIT M12 95, ACCORDING T17 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA) THENCE S89.40'50'E FOR 30 FEET) THENCE S00'28'351E FOR 30 FEET TD THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL THENCE) 789.40'50'E 10,00') THENCE S00'28'35'E 10.00') THENCE N89.40'50'W 10.00') THENCE N00 28.35'W jaw, TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON SAID PLAT OF GOLDEN GATE ESTATES UNIT NO. 95 SAID PARCEL Cf1NTAINING 100 SQUARE FEET MORE OF LESS W z 0 U Ln N U CK W � 3 x F-- d' O z -- VICINITY MAP I TRACT 16 i TRACT 18 C/L OR VACATED 60' R /W, 7TH AVE MW. (PROPOSED) I ------ ----- -- - - - ' (PROPOSED)-,-' ^ 20 D.E. (PROP -- ----- - -- --- -2 .0 - -- ----------------------- — ----------- --------------- ------ d a I j pq I Z d I Q I J C3 13 I� I I I � I W 13 d i q I a ; X10' —X11" TRACT 15 W SEE DETAIL Q d I J I W I I W ; DETAIL a I � a i NOT TO SCALE I o I PART OF TRACT 15 LINE TABLE November 28, 2006 Page 5 of 11 NOT TO SCALE z . J a Q a °z a I w °C o a W � r , d o J � a Z °o N,89'40'50'W. L1 i TRACT 16 ,-C /L VACATED 7TH AVE NW :PROPOSED) TRACT 15 10 D. N--- - ------ ----- ---- �----- O J J 20' 11, E. -- ---- - - - - -- - - - - -- PP.DPDEED 20' D.E. I LS L-30,01--1 RE. BY: W, KARL M ❑N JR, PSM #5839 REVISED SEPT. 18, 2006 1 20' D, F. -l/ Fn E; 2004/2006/05- 02- 476LEG SKETCH & DESCRIPTION MAYSON — LAND SURVEYING INC. LB #7385 2211 19TH ST, SR NAPLES, FLORIDA 34104 Line Bearing Distance Ll S,89 °40'S0'E. 30,00' LZ 5.00'28'35'E. 30.00' NL7 TE. L3 S.89 °40'50'E, 10.00' P/L = PRDPERTY LINE 30.0' -- L4 S.00 °28'35'E, 10.00' RE, = DRAINAGE EASEMENT D.E. i L5 I N.89'40'50'W, 10,00' ! L6 N,00'28'35'W, 10.00' N,89'40'50'W. L1 i TRACT 16 ,-C /L VACATED 7TH AVE NW :PROPOSED) TRACT 15 10 D. N--- - ------ ----- ---- �----- O J J 20' 11, E. -- ---- - - - - -- - - - - -- PP.DPDEED 20' D.E. I LS L-30,01--1 RE. BY: W, KARL M ❑N JR, PSM #5839 REVISED SEPT. 18, 2006 1 20' D, F. -l/ Fn E; 2004/2006/05- 02- 476LEG SKETCH & DESCRIPTION MAYSON — LAND SURVEYING INC. LB #7385 2211 19TH ST, SR NAPLES, FLORIDA 34104 O in W C� Q 2_ NOT A SURVEY SKETCH & DESCRIPTION TEN FOOT BY TEN FOOT DRAINAGE EASEMENT PART OF TRACT 15 GOLDEN GATE ESTATES UNIT NO 85 LYING IN SECTION 4. TOWNSHIP 49 SOUTH RANGE 28 EAST LEGAL DESCRIPTION, COLLIER COUNTY, FLORIDA. PART OF TRACT 15 COMMENCING AT THE NORTHWEST CORNER DF TRACT 15, GOLDEN GATE ESTA TES UNIT NO. 95, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BDOK 9, PAGE 45 OF THE PUBLIC RECORDS OF COLLIER COUNTY, F'LDRIDAI THENCE S89.401501E FOR 3x00'; TO THE POINT OF BEGINNING LF- THE HEREIN DESCRIBED PARCEL THENCE; S89'40'S0 E 10 00'; THENCE SOQ 28'35 E 10.00'; THENCE N89'40'50'W 10,00'; THENCE N00'28 35'W IA00' TDc THE POINT OF BEGINNING. J BEARINGS ARE BASED DN SAID PLAT DF GOLDEN GATE ESTATES UNIT #95 Z SAID PARCEL CONTAINING 100 SQUARE FEET MORE DF LESS, 13 1 o I J , W 1 -T VICINITY MAP 30.D i GOLDEN GATE ESTATES UNIT 95 < TRACT 16 J ; I a I w i C/L OF VACATED 6C' R /N, 7TH AVE NF. (PROPOSE a I TRACT 16 N.89 °40' 0'W, _ _ _ a' 2_________ _______ _____—________ ------------ = I Wr_ ________ ___ ___ __ ___ _ PR PSED W i SEE DETAIL 2D' D.E. L z I E � I ° . TRACT 15 M ry w z 0 u� w C-) 3 � = t- z Li DETAIL `J PART OF TRACT 15 C/L PR ❑P❑ I L_2 TRACT 16 N.89 °40'50 "W, I p Q 0 3 i November 28, 2006 Paae 6 of 11 NOT TO SCALE LINE I ABLE J Line Bearing Distance L1 S 89 °40'50'E, 30,00' L2 S 89 °40'50'E, 10.00' 30,0' i L3 S.00 °28'35'E. 10.00' D.E. L4 N.89 °40'50'W. 10.00' L5 N.00'28'35'W. 10.00' C/L PR ❑P❑ I L_2 TRACT 16 N.89 °40'50 "W, I p Q 0 3 i November 28, 2006 Paae 6 of 11 NOT TO SCALE L R7 c" � O N ut m NOTE: P/L = PROPERTY LINE D.E. = DRAINAGE EASEMENT VACATED 60' R/W 7TH AVE NW L1 in c� TRACT 15 1� - —P /L FILE: 2004/2006/05- 02- 476LEG -! J ��. SKETCH & DESCRIPTION 20' D. E — -- -- - - - - -- I iP ------- ---- - - - ---- - - - - -- _ MAYSON Mfr PROPOSED LNND SURVEYING INC. LB #7385 AE, 2211 19TH ST. SW NAPLES, FLORIDA 34104 tJDTE: J P/L = PROPRE T Y LINE D.E. u = DRAINAGE EASEMEN7 r s a u o r� � e � O J Z a D o a r � ° 3 M ]7 Z v G CO L R7 c" � O N ut m NOTE: P/L = PROPERTY LINE D.E. = DRAINAGE EASEMENT VACATED 60' R/W 7TH AVE NW L1 in c� TRACT 15 1� - —P /L FILE: 2004/2006/05- 02- 476LEG -! J ��. SKETCH & DESCRIPTION 20' D. E — -- -- - - - - -- I iP ------- ---- - - - ---- - - - - -- _ MAYSON Mfr PROPOSED LNND SURVEYING INC. LB #7385 AE, 2211 19TH ST. SW NAPLES, FLORIDA 34104 This instrument prepared by: MICHAEL J. VOLPE, ESQUIRE ROBINS, KAPLAN, MILLER & CIRESI, L.L.P. 711 Fifth Avenue South, Suite 201 Naples, Florida 34102 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this day of , 2006, by MICHAEL J. VOLPE, as Trustee of the BEECHWOOD LAND TRUST under Agreement dated May 26, 1993, as amended and restated in its entirety January 16, 1996, as GRANTOR, whose address is c/o A Vernon Allen Builders, 1175 First Avenue South, Naples, Florida 34102 and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, as GRANTEE (Whenever used herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns). WITNESSETH: Grantor, for and in consideration of the sum of the TEN ($10.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a non - exclusive easement, license and privilege to enter upon, to install and maintain drainage facilities above and below ground on the following described lands located in Collier County, Florida, to wit: Twenty (20') foot drainage easement depicted on Exhibit `A' attached hereto and made a part hereof; Ten (10') foot by ten (10') foot drainage easement depicted on Exhibit `B' attached hereto and made a part hereof, and, Ten (10') foot by ten (10') foot drainage easement depicted on Exhibit `C' attached hereto and made a part hereof. This is not homestead property. Subject to easements, restrictions and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land and excavate and take materials for the purposes of constructing, operating, and maintaining drainage facilities thereon. Agenda Item NO. 171 Novenber 28, 2005 Page 8 of 11 The Grantor, however, reserves the right and privilege to use the above - described lands for any and all other purposes except as would interfere with the Grantee's use, occupation or enjoyment thereof. Grantee shall not unreasonably interfere at any time with the rights of Grantor, or any other party requiring access to any of the property over which said casement is granted. Grantor and Grantee are used for the singular or plural, as the context requires. The easements granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: t j Witness #1 T ped or printed ame ! )*less #2 ll Typed or printed name NP1 65035784.1 BEECHWOOD LAND TRUST under Agreement dated May 26, 1993, as amended and restated in its entirety on Jan ary 1 996 By: MICHA%EI�J. V As Trustee �� Agenda Item Pilo. 171 November 28, 2006 Page 9 of 11 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this day of 2006, by MICHAEL J. VOLPE, as Trustee of the BEECHWOOD LAND T ST under Agreement dated May 26, 1993, as amended and restated in its entirety on January 16, 1996, and who produced rjb� (6,7%c e of identification) as identification and who did id no take an oath. NOTE; If a type of identification is not inserted in the blank prove ed, then the person (s) executing this instrument was personally known to me. If the words in the parenthetical "did not" are not circled, then the person(s) executing this instrument did take an oath. My Commission Expires: 44-v-1L , &4, — Sig vA a *a:P•`` °R�pMM1SSON p� ?s (Type orprint� � t�O name of Notary) * " EXPIRES: Eebn�a�Y 25 �rgrfOF F�� /\y aao ram \6\ 9ƒ \ a $ I I � \ �\ w q §% \ q qk & u \LLI 0 \ 0 aVA7 es wDoi MN� nce do -•®- Z w Iwo ) � Q � W U) CL Q � z O Q U O —i -E ;LLI 0 §§ !/ /: ; �)! \§ /§ A_ & ((°§ � \ \ V § ` / §_ \ �/ d G A \(� / _ }/ ! ! § �}\ !0 . § � . f; } � �- / ti ®^ / a �., N § 2' \/ 25 \/ § � Q � W U) CL Q � z O Q U O —i -E ;LLI 0 §§ !/ Agenda item No.1,171 November 28, 2006 Page 11 of 11 RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVROW- 2006 -AR -9477, DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN A 60 FOOT WIDE RIGHT OF WAY EASEMENT KNOWN AS 7TH AVENUE NW (ALSO KNOWN AS CHERRYWOOD DRIVE) OVER PORTIONS OF TRACTS 15 & 16, GOLDEN GATE ESTATES UNIT 95, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND AS MORE SPECIFICALLY DESCRIBED IN EXHIBIT 'A" AND TO ACCEPT A 20 FOOT WIDE ALTERNATE DRAINAGE EASEMENT AND TWO 10 FOOT BY 10 FOOT ALTERNATE DRAINAGE EASEMENTS OVER PORTIONS OF TRACT 15, AS MORE SPECIFICALLY DESCRIBED IN ATTACHED EXHIBITS "B" THROUGH "E," INCLUSIVE. WHEREAS, pursuant to Sections 177.101, Florida Statutes, Petitioner, Beachwood land Trust has requested the vacation of a 60 foot wide right of way easement known as 7U' Avenue NW (a.k.a. Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof as recorded in Plat Book 9, page 45 of the Public Records of Collier County, Florida, and more specifically described in Exhibit "A ". WHEREAS, in conjunction with, and as part of, Petitioner's request to vacate, Petitioner has offered, for dedication and acceptance by the County, a 20 foot wide alternate drainage easement and two 10 foot by 10 foot alternate drainage easements described in Exhibits "B" through "D" and memorialized in Exhibit "E" (together, "Drainage Easement "). WHEREAS, the Board has this day held a public hearing to consider Petitioner's 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; and 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 easement 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 that the County hereby accepts the grant of the Drainage Easement containing the three (3) alternate drainage easements and attached as Exhibit "E," and this action is declared to be in the Public 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 Florida, and to make proper notation of this right of way vacation, and the Drainage Easement grant, on the recorded plat as referenced above. This Resolution adopted after motion, second and majority vote favoring same, this day of 2006. DATE: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK By: FRANK HALAS , CHAIRMAN Approv s to form & legal sufficiency: By: Jeff E. Assistant Collier County Attorney Agenda (tern No. 17J November 28, 2006 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve Petition AVESMT- 2006 -AR -9775, Hanson to disclaim, renounce and vacate the County's and the Public's interest in the south 30 feet of the south half of the southwest quarter of the northwest quarter of the northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. OBJECTIVE: To adopt a Resolution to vacate a right -of -way easement as recorded in O.R. Book 348, Page 563, Public Records Collier County, Florida. CONSIDERATIONS: Petition AVESMT- 2006 -AR -9775 Hanson, has been received by the Engineering Services Department from Mark A. Ebelini, Knott Consoer Ebelinei Hart & Swett, P.A., as agent for the petitioner, William H. & Lesa L. Hanson. The subject area was intended for access to parcels which no longer require this means of access. Letters of no objection have been received from applicable 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. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution and associated legal documents. Agenda item No. 17J November 28, 2006 Page 2 of 6 RECOMMENDATIONS: 1. Adopt the Resolution for Petition AVESMT- 2006 -AR -9775, Hanson to disclaim, renounce and vacate the County's and the Public's interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 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: Tonia Leavitt, Engineering Services Age�id�, Item No. 17J Oct 9 2006 14:26 ,. KNOTT GON50ER" EBELINI Fax:2393342601 fJc�v�'(iber 28, 2ti06 i ! FIELABOOIC see PAGE File DAiEE10 -6-06 SECTION 24 .TwP 48 S, RG 25 E t NIT fJGYOITODK: PAGE NORM FOUNAIRONLOO1TKf Aaow MiOM.NCVeDlael o amie , ial tEG DESCi1PT40N u'Town ! ..v (AS PROVEIED BY CLIENT) --.c — This is not a boundary survey, this is a sketch of a roadway easement +° ww to be vacated which is descObed As follows: The South 30 feet of the w South 112 of the Scu0wM5 � 114 Of the Northwest 114 of the Northeast c E #QZWLVER aAT tel: 114 of Section 24, Tmnship 48 South; Ran8e 25 East, Collier County, °fA' 1 ".1pp Florida, leas and,except the Easterly 30 feet for right -e -way thereof. Not Field Surveyed. f NO'02'0fYE - _ z i o CERTIFICATE i NOTES I noSbY ar MY Y.it fWAI """rb9A PMPiAY WOZ W -Y.d 1. REPRODUCTION OF THIS SKETCH is NOT VALID t1NLESS SEALED ww my dMOaMa+ end Ibi SWAZI Of WMY y yw Oftd COI WITH AN FIABOWED'SURVEYOR'S SEAL.- to the bOMOf"ggwlnlOs.._lYJi nKNYII,iiblrc -, 2. NO INSTRUMEN75 OF RECORD :REFLECTING EASEMENTS. RIGHTS- tortiNmuT.I1�W���� h by"l9ofYfi Hoeid OF -WAY. AND.OR OWNERSHIP WERE FURNISHED THIS SURVEYOR dLarA Sun+r�, 110 RtI se�GtT • e FW'W' Aw"Ma twca/P.snaounwr*tosecow4TZUTna e - EXCEPT. AS SHOWN, 3. NO UNDERGROUND INSTAL"TIONS OR IMPROVEMENTS HAVE GUIum. There ins M 0"0 "'WOO 1MYUS ~IAan then _ . - 6EENLOCAT£Q'EXCEPTAS- NOTED;.._ - - 4hoom mow. :. 9EARIN44 SHOWN HEREON ARE WMED ON NIA j. THISPROPERTY t -iE51N FkOOD ZONE X EL NIA PERF.LRAt. ���- �•1r�'��i%.L.fi. 1 PANELNO. 1 21G 5 DATED r 0.ALLF7YfiL� - sllp 6. LAST DATE OF FIELDWORK 7_ ALL DIMENSIONS ARE 1N FEET AND.OEdMALS THEREOF. - Le low X4RK 0. ALLEN, lNC. M02w000sCIRCLE FAX: (239) 9924070 PROFESSIONAL LAND SURVEYOR BONITA WRINGS. FL 34r3S TSLE. (239) 992.8900 ORDERED By 8HEET 1 OF 1 �^ . " x �, M, CHICD BY Knott, Consoer, EbeIInl, Hart 8 Swett, P.A aNO. No 2006 -376 r b =b� • � = viw aii w =mb to w v c ° e���• a �u_ YYxpC mJ g'bl �o ^ w �� .i ®c gr� ii S u y 1O c F. a w z N lk 9 7 0 N.00.Z0.DOS a a� sa w w (N 9 J 1,56 '62B 3.OD,MOON — "� o 1333 DC ISV 3 mu S63 U) 0` i ° W °c ow a 'o n Lsz E.LWp 3.00,Z0w0N 0 o L1, `2 Cmj ¢t° � fne ._ °a �w xi¢ OQi EE $fa tz b I y 2b ¢emu W —V .v to ,=OO i 1,� Oy cc� V 2mb C o < � n n ! 3 GY�r � •y wa my °�{{(���eoi . Lti - LL mw - Y+ I w= N w O Y° C N w OZW r °'u� yyyyyy ;5 E �V Lo clu �.°. z M= C3 t «- \ I o C C a eae9 1 V O o ,� Lli III a LL m C.1 cc Z; _ CC tee . ¢ `— LL W Yw l� LO z VY« O WlS ^1 VJ ♦ �• �� yy aOGW �C2NYO � � C °� "C°0 =... z !-�`V �L �W Q Z u� �o W i,• �i a q�r LU n .u� cc =3��oo_ Loo z :�, =� LLI IT Ef) LL. 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LLJ —MG 2D1 m zm (n¢O 0 Z Q-JMO (3).rT '620 3.EP,TO.00N i °—m LLLLii¢ aN U) L.1F� s li 1oI,00'SET 3.EZ,TD.ODN !k),S►-6ze 3.60,TO.00N a> O z 0ZCL $ z (1�1,TL 'YET 3.OY,Z0.00N p� >�,n � �� �Q�'O= N¢ ¢ o Zw�~c wW - Q c- Q >Lnz °W rL = JMoo LTl • C7 p 4-- Tc m a � ~ J Z LU o�CV' D co c� °--� o Ln �m CV [Y4 ti d CZ "6 N r_ > s�z Q W E- U3 i fl� ~<a m� 0 Z O_ I- Q U O J RESOLUTION NO. 06- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO PETITION AVESMT- 2006 -AR -9775 HANSON, DISCLAIMING, RENOUNCING, AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE RIGHT - OF -WAY AND DRAINAGE EASEMENT LOCATED IN THE SOUTH 30 FEET OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Agenda Item No. 7J November 28, 2 06 Page 6 f 6 i WHEREAS, pursuant to Section 336.09 and 336.10, Florida Statutes, Petitioners, William H. & Lesa L. Hanson, have requested the vacation of the County's interest in the right -of -way and drainage easement located in the south 30 feet of the south half of the southwest quarter of the northwest quarter of the northeast quarter of Section 24, Township 48 south, Range 25 east, Collier County, Florida, and WHEREAS, the Board has this day held a public hearing to consider Petitioners' request, and notice of said public hearing was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of 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 right -of -way and drainage easement 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; 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 Approved as to form and legal suffi ' cy: t Jeff n ht Assi nt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRANK HALAS , CHAIRMAN